PUBLIC LAW 114–94—DEC. 4, 2015
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
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) S
HORT
T
ITLE
.—This Act may be cited as the ‘‘Fixing Amer-
ica’s Surface Transportation Act’’ or the ‘‘FAST Act’’.
(b) T
ABLE OF
C
ONTENTS
.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
DIVISION A—SURFACE TRANSPORTATION
Sec. 1001. Definitions.
Sec. 1002. Reconciliation of funds.
Sec. 1003. Effective date.
Sec. 1004. References.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. Apportionment.
Sec. 1105. Nationally significant freight and highway projects.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief for federally owned roads.
Sec. 1108. Railway-highway grade crossings.
Sec. 1109. Surface transportation block grant program.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. Bundling of bridge projects.
Sec. 1112. Construction of ferry boats and ferry terminal facilities.
Sec. 1113. Highway safety improvement program.
Sec. 1114. Congestion mitigation and air quality improvement program.
Sec. 1115. Territorial and Puerto Rico highway program.
Sec. 1116. National highway freight program.
Sec. 1117. Federal lands and tribal transportation programs.
Sec. 1118. Tribal transportation program amendment.
Sec. 1119. Federal lands transportation program.
Sec. 1120. Federal lands programmatic activities.
Sec. 1121. Tribal transportation self-governance program.
Sec. 1122. State flexibility for National Highway System modifications.
Sec. 1123. Nationally significant Federal lands and tribal projects program.
Subtitle B—Planning and Performance Management
Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Subtitle C—Acceleration of Project Delivery
Sec. 1301. Satisfaction of requirements for certain historic sites.
Fixing America’s
Surface
Transportation
Act.
23 USC 101 note.
Dec. 4, 2015
[H.R. 22]
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129 STAT. 1313 PUBLIC LAW 114–94—DEC. 4, 2015
Sec. 1302. Clarification of transportation environmental authorities.
Sec. 1303. Treatment of certain bridges under preservation requirements.
Sec. 1304. Efficient environmental reviews for project decisionmaking.
Sec. 1305. Integration of planning and environmental review.
Sec. 1306. Development of programmatic mitigation plans.
Sec. 1307. Technical assistance for States.
Sec. 1308. Surface transportation project delivery program.
Sec. 1309. Program for eliminating duplication of environmental reviews.
Sec. 1310. Application of categorical exclusions for multimodal projects.
Sec. 1311. Accelerated decisionmaking in environmental reviews.
Sec. 1312. Improving State and Federal agency engagement in environmental re-
views.
Sec. 1313. Aligning Federal environmental reviews.
Sec. 1314. Categorical exclusion for projects of limited Federal assistance.
Sec. 1315. Programmatic agreement template.
Sec. 1316. Assumption of authorities.
Sec. 1317. Modernization of the environmental review process.
Sec. 1318. Assessment of progress on accelerating project delivery.
Subtitle D—Miscellaneous
Sec. 1401. Prohibition on the use of funds for automated traffic enforcement.
Sec. 1402. Highway Trust Fund transparency and accountability.
Sec. 1403. Additional deposits into Highway Trust Fund.
Sec. 1404. Design standards.
Sec. 1405. Justification reports for access points on the Interstate System.
Sec. 1406. Performance period adjustment.
Sec. 1407. Vehicle-to-infrastructure equipment.
Sec. 1408. Federal share payable.
Sec. 1409. Milk products.
Sec. 1410. Interstate weight limits.
Sec. 1411. Tolling; HOV facilities; Interstate reconstruction and rehabilitation.
Sec. 1412. Projects for public safety relating to idling trains.
Sec. 1413. National electric vehicle charging and hydrogen, propane, and natural
gas fueling corridors.
Sec. 1414. Repeat offender criteria.
Sec. 1415. Administrative provisions to encourage pollinator habitat and forage on
transportation rights-of-way.
Sec. 1416. High priority corridors on National Highway System.
Sec. 1417. Work zone and guard rail safety training.
Sec. 1418. Consolidation of programs.
Sec. 1419. Elimination or modification of certain reporting requirements.
Sec. 1420. Flexibility for projects.
Sec. 1421. Productive and timely expenditure of funds.
Sec. 1422. Study on performance of bridges.
Sec. 1423. Relinquishment of park-and-ride lot facilities.
Sec. 1424. Pilot program.
Sec. 1425. Service club, charitable association, or religious service signs.
Sec. 1426. Motorcyclist advisory council.
Sec. 1427. Highway work zones.
Sec. 1428. Use of durable, resilient, and sustainable materials and practices.
Sec. 1429. Identification of roadside highway safety hardware devices.
Sec. 1430. Use of modeling and simulation technology.
Sec. 1431. National Advisory Committee on Travel and Tourism Infrastructure.
Sec. 1432. Emergency exemptions.
Sec. 1433. Report on Highway Trust Fund administrative expenditures.
Sec. 1434. Availability of reports.
Sec. 1435. Appalachian development highway system.
Sec. 1436. Appalachian regional development program.
Sec. 1437. Border State infrastructure.
Sec. 1438. Adjustments.
Sec. 1439. Elimination of barriers to improve at-risk bridges.
Sec. 1440. At-risk project preagreement authority.
Sec. 1441. Regional infrastructure accelerator demonstration program.
Sec. 1442. Safety for users.
Sec. 1443. Sense of Congress.
Sec. 1444. Every Day Counts initiative.
Sec. 1445. Water infrastructure finance and innovation.
Sec. 1446. Technical corrections.
TITLE II—INNOVATIVE PROJECT FINANCE
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998
amendments.
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129 STAT. 1314 PUBLIC LAW 114–94—DEC. 4, 2015
Sec. 2002. Availability payment concession model.
TITLE III—PUBLIC TRANSPORTATION
Sec. 3001. Short title.
Sec. 3002. Definitions.
Sec. 3003. Metropolitan and statewide transportation planning.
Sec. 3004. Urbanized area formula grants.
Sec. 3005. Fixed guideway capital investment grants.
Sec. 3006. Enhanced mobility of seniors and individuals with disabilities.
Sec. 3007. Formula grants for rural areas.
Sec. 3008. Public transportation innovation.
Sec. 3009. Technical assistance and workforce development.
Sec. 3010. Private sector participation.
Sec. 3011. General provisions.
Sec. 3012. Project management oversight.
Sec. 3013. Public transportation safety program.
Sec. 3014. Apportionments.
Sec. 3015. State of good repair grants.
Sec. 3016. Authorizations.
Sec. 3017. Grants for buses and bus facilities.
Sec. 3018. Obligation ceiling.
Sec. 3019. Innovative procurement.
Sec. 3020. Review of public transportation safety standards.
Sec. 3021. Study on evidentiary protection for public transportation safety program
information.
Sec. 3022. Improved public transportation safety measures.
Sec. 3023. Paratransit system under FTA approved coordinated plan.
Sec. 3024. Report on potential of Internet of Things.
Sec. 3025. Report on parking safety.
Sec. 3026. Appointment of directors of Washington Metropolitan Area Transit Au-
thority.
Sec. 3027. Effectiveness of public transportation changes and funding.
Sec. 3028. Authorization of grants for positive train control.
Sec. 3029. Amendment to title 5.
Sec. 3030. Technical and conforming changes.
TITLE IV—HIGHWAY TRAFFIC SAFETY
Sec. 4001. Authorization of appropriations.
Sec. 4002. Highway safety programs.
Sec. 4003. Highway safety research and development.
Sec. 4004. High-visibility enforcement program.
Sec. 4005. National priority safety programs.
Sec. 4006. Tracking process.
Sec. 4007. Stop motorcycle checkpoint funding.
Sec. 4008. Marijuana-impaired driving.
Sec. 4009. Increasing public awareness of the dangers of drug-impaired driving.
Sec. 4010. National priority safety program grant eligibility.
Sec. 4011. Data collection.
Sec. 4012. Study on the national roadside survey of alcohol and drug use by driv-
ers.
Sec. 4013. Barriers to data collection report.
Sec. 4014. Technical corrections.
Sec. 4015. Effective date for certain programs.
TITLE V—MOTOR CARRIER SAFETY
Subtitle A—Motor Carrier Safety Grant Consolidation
Sec. 5101. Grants to States.
Sec. 5102. Performance and registration information systems management.
Sec. 5103. Authorization of appropriations.
Sec. 5104. Commercial driver’s license program implementation.
Sec. 5105. Extension of Federal motor carrier safety programs for fiscal year 2016.
Sec. 5106. Motor carrier safety assistance program allocation.
Sec. 5107. Maintenance of effort calculation.
Subtitle B—Federal Motor Carrier Safety Administration Reform
P
ART
I—R
EGULATORY
R
EFORM
Sec. 5201. Notice of cancellation of insurance.
Sec. 5202. Regulations.
Sec. 5203. Guidance.
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129 STAT. 1315 PUBLIC LAW 114–94—DEC. 4, 2015
Sec. 5204. Petitions.
Sec. 5205. Inspector standards.
Sec. 5206. Applications.
P
ART
II—C
OMPLIANCE
, S
AFETY
, A
CCOUNTABILITY
R
EFORM
Sec. 5221. Correlation study.
Sec. 5222. Beyond compliance.
Sec. 5223. Data certification.
Sec. 5224. Data improvement.
Sec. 5225. Accident review.
Subtitle C—Commercial Motor Vehicle Safety
Sec. 5301. Windshield technology.
Sec. 5302. Prioritizing statutory rulemakings.
Sec. 5303. Safety reporting system.
Sec. 5304. New entrant safety review program.
Sec. 5305. High risk carrier reviews.
Sec. 5306. Post-accident report review.
Sec. 5307. Implementing safety requirements.
Subtitle D—Commercial Motor Vehicle Drivers
Sec. 5401. Opportunities for veterans.
Sec. 5402. Drug-free commercial drivers.
Sec. 5403. Medical certification of veterans for commercial driver’s licenses.
Sec. 5404. Commercial driver pilot program.
Subtitle E—General Provisions
Sec. 5501. Delays in goods movement.
Sec. 5502. Emergency route working group.
Sec. 5503. Household goods consumer protection working group.
Sec. 5504. Technology improvements.
Sec. 5505. Notification regarding motor carrier registration.
Sec. 5506. Report on commercial driver’s license skills test delays.
Sec. 5507. Electronic logging device requirements.
Sec. 5508. Technical corrections.
Sec. 5509. Minimum financial responsibility.
Sec. 5510. Safety study regarding double-decker motorcoaches.
Sec. 5511. GAO review of school bus safety.
Sec. 5512. Access to National Driver Register.
Sec. 5513. Report on design and implementation of wireless roadside inspection
systems.
Sec. 5514. Regulation of tow truck operations.
Sec. 5515. Study on commercial motor vehicle driver commuting.
Sec. 5516. Additional State authority.
Sec. 5517. Report on motor carrier financial responsibility.
Sec. 5518. Covered farm vehicles.
Sec. 5519. Operators of hi-rail vehicles.
Sec. 5520. Automobile transporter.
Sec. 5521. Ready mix concrete delivery vehicles.
Sec. 5522. Transportation of construction materials and equipment.
Sec. 5523. Commercial delivery of light- and medium-duty trailers.
Sec. 5524. Exemptions from requirements for certain welding trucks used in pipe-
line industry.
Sec. 5525. Report.
TITLE VI—INNOVATION
Sec. 6001. Short title.
Sec. 6002. Authorization of appropriations.
Sec. 6003. Technology and innovation deployment program.
Sec. 6004. Advanced transportation and congestion management technologies de-
ployment.
Sec. 6005. Intelligent transportation system goals.
Sec. 6006. Intelligent transportation system purposes.
Sec. 6007. Intelligent transportation system program report.
Sec. 6008. Intelligent transportation system national architecture and standards.
Sec. 6009. Communication systems deployment report.
Sec. 6010. Infrastructure development.
Sec. 6011. Departmental research programs.
Sec. 6012. Research and Innovative Technology Administration.
Sec. 6013. Web-based training for emergency responders.
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129 STAT. 1316 PUBLIC LAW 114–94—DEC. 4, 2015
Sec. 6014. Hazardous materials research and development.
Sec. 6015. Office of Intermodalism.
Sec. 6016. University transportation centers.
Sec. 6017. Bureau of Transportation Statistics.
Sec. 6018. Port performance freight statistics program.
Sec. 6019. Research planning.
Sec. 6020. Surface transportation system funding alternatives.
Sec. 6021. Future interstate study.
Sec. 6022. Highway efficiency.
Sec. 6023. Transportation technology policy working group.
Sec. 6024. Collaboration and support.
Sec. 6025. GAO report.
Sec. 6026. Traffic congestion.
Sec. 6027. Smart cities transportation planning study.
Sec. 6028. Performance management data support program.
TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION
Sec. 7001. Short title.
Subtitle A—Authorizations
Sec. 7101. Authorization of appropriations.
Subtitle B—Hazardous Material Safety and Improvement
Sec. 7201. National emergency and disaster response.
Sec. 7202. Motor carrier safety permits.
Sec. 7203. Improving the effectiveness of planning and training grants.
Sec. 7204. Improving publication of special permits and approvals.
Sec. 7205. Enhanced reporting.
Sec. 7206. Wetlines.
Sec. 7207. GAO study on acceptance of classification examinations.
Sec. 7208. Hazardous materials endorsement exemption.
Subtitle C—Safe Transportation of Flammable Liquids by Rail
Sec. 7301. Community safety grants.
Sec. 7302. Real-time emergency response information.
Sec. 7303. Emergency response.
Sec. 7304. Phase-out of all tank cars used to transport Class 3 flammable liquids.
Sec. 7305. Thermal blankets.
Sec. 7306. Minimum requirements for top fittings protection for class DOT–117R
tank cars.
Sec. 7307. Rulemaking on oil spill response plans.
Sec. 7308. Modification reporting.
Sec. 7309. Report on crude oil characteristics research study.
Sec. 7310. Hazardous materials by rail liability study.
Sec. 7311. Study and testing of electronically controlled pneumatic brakes.
TITLE VIII—MULTIMODAL FREIGHT TRANSPORTATION
Sec. 8001. Multimodal freight transportation.
TITLE IX—NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE
FINANCE BUREAU
Sec. 9001. National Surface Transportation and Innovative Finance Bureau.
Sec. 9002. Council on Credit and Finance.
TITLE X—SPORT FISH RESTORATION AND RECREATIONAL BOATING
SAFETY
Sec. 10001. Allocations.
Sec. 10002. Recreational boating safety.
TITLE XI—RAIL
Sec. 11001. Short title.
Subtitle A—Authorizations
Sec. 11101. Authorization of grants to Amtrak.
Sec. 11102. Consolidated rail infrastructure and safety improvements.
Sec. 11103. Federal-State partnership for state of good repair.
Sec. 11104. Restoration and enhancement grants.
Sec. 11105. Authorization of appropriations for Amtrak Office of Inspector General.
Sec. 11106. Definitions.
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129 STAT. 1317 PUBLIC LAW 114–94—DEC. 4, 2015
Subtitle B—Amtrak Reforms
Sec. 11201. Accounts.
Sec. 11202. Amtrak grant process.
Sec. 11203. 5-year business line and asset plans.
Sec. 11204. State-supported route committee.
Sec. 11205. Composition of Amtrak’s Board of Directors.
Sec. 11206. Route and service planning decisions.
Sec. 11207. Food and beverage reform.
Sec. 11208. Rolling stock purchases.
Sec. 11209. Local products and promotional events.
Sec. 11210. Amtrak pilot program for passengers transporting domesticated cats
and dogs.
Sec. 11211. Right-of-way leveraging.
Sec. 11212. Station development.
Sec. 11213. Amtrak boarding procedures.
Sec. 11214. Amtrak debt.
Sec. 11215. Elimination of duplicative reporting.
Subtitle C—Intercity Passenger Rail Policy
Sec. 11301. Consolidated rail infrastructure and safety improvements.
Sec. 11302. Federal-State partnership for state of good repair.
Sec. 11303. Restoration and enhancement grants.
Sec. 11304. Gulf Coast rail service working group.
Sec. 11305. Northeast Corridor Commission.
Sec. 11306. Northeast corridor planning.
Sec. 11307. Competition.
Sec. 11308. Performance-based proposals.
Sec. 11309. Large capital project requirements.
Sec. 11310. Small business participation study.
Sec. 11311. Shared-use study.
Sec. 11312. Northeast Corridor through-ticketing and procurement efficiencies.
Sec. 11313. Data and analysis.
Sec. 11314. Amtrak Inspector General.
Sec. 11315. Miscellaneous provisions.
Sec. 11316. Technical and conforming amendments.
Subtitle D—Safety
Sec. 11401. Highway-rail grade crossing safety.
Sec. 11402. Private highway-rail grade crossings.
Sec. 11403. Study on use of locomotive horns at highway-rail grade crossings.
Sec. 11404. Positive train control at grade crossings effectiveness study.
Sec. 11405. Bridge inspection reports.
Sec. 11406. Speed limit action plans.
Sec. 11407. Alerters.
Sec. 11408. Signal protection.
Sec. 11409. Commuter rail track inspections.
Sec. 11410. Post-accident assessment.
Sec. 11411. Recording devices.
Sec. 11412. Railroad police officers.
Sec. 11413. Repair and replacement of damaged track inspection equipment.
Sec. 11414. Report on vertical track deflection.
Sec. 11415. Rail passenger liability.
Subtitle E—Project Delivery
Sec. 11501. Short title.
Sec. 11502. Treatment of improvements to rail and transit under preservation re-
quirements.
Sec. 11503. Efficient environmental reviews.
Sec. 11504. Railroad rights-of-way.
Subtitle F—Financing
Sec. 11601. Short title; references.
Sec. 11602. Definitions.
Sec. 11603. Eligible applicants.
Sec. 11604. Eligible purposes.
Sec. 11605. Program administration.
Sec. 11606. Loan terms and repayment.
Sec. 11607. Credit risk premiums.
Sec. 11608. Master credit agreements.
Sec. 11609. Priorities and conditions.
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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
Subtitle A—Vehicle Safety
Sec. 24101. Authorization of appropriations.
Sec. 24102. Inspector general recommendations.
Sec. 24103. Improvements in availability of recall information.
Sec. 24104. Recall process.
Sec. 24105. Pilot grant program for state notification to consumers of motor vehicle
recall status.
Sec. 24106. Recall obligations under bankruptcy.
Sec. 24107. Dealer requirement to check for open recall.
Sec. 24108. Extension of time period for remedy of tire defects.
Sec. 24109. Rental car safety.
Sec. 24110. Increase in civil penalties for violations of motor vehicle safety.
Sec. 24111. Electronic odometer disclosures.
Sec. 24112. Corporate responsibility for NHTSA reports.
Sec. 24113. Direct vehicle notification of recalls.
Sec. 24114. Unattended children warning.
Sec. 24115. Tire pressure monitoring system.
Sec. 24116. Information regarding components involved in recall.
Subtitle B—Research And Development And Vehicle Electronics
Sec. 24201. Report on operations of the council for vehicle electronics, vehicle soft-
ware, and emerging technologies.
Sec. 24202. Cooperation with foreign governments.
Subtitle C—Miscellaneous Provisions
P
ART
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.
P
ART
II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015
Sec. 24321. Short title.
Sec. 24322. Passenger motor vehicle information.
P
ART
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.
P
ART
IV—ALTERNATIVE FUEL VEHICLES
Sec. 24341. Regulatory parity for natural gas vehicles.
P
ART
V—MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT
Sec. 24351. Short title.
Sec. 24352. Motor vehicle safety whistleblower incentives and protections.
Subtitle D—Additional Motor Vehicle Provisions
Sec. 24401. Required reporting of NHTSA agenda.
Sec. 24402. Application of remedies for defects and noncompliance.
Sec. 24403. Retention of safety records by manufacturers.
Sec. 24404. Nonapplication of prohibitions relating to noncomplying motor vehicles
to vehicles used for testing or evaluation.
Sec. 24405. Treatment of low-volume manufacturers.
Sec. 24406. Motor vehicle safety guidelines.
Sec. 24407. Improvement of data collection on child occupants in vehicle crashes.
DIVISION C—FINANCE
TITLE XXXI—HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A—Extension of Trust Fund Expenditure Authority and Related Taxes
Sec. 31101. Extension of Highway Trust Fund expenditure authority.
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129 STAT. 1319 PUBLIC LAW 114–94—DEC. 4, 2015
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 pen-
alties.
Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust Fund.
TITLE XXXII—OFFSETS
Subtitle A—Tax Provisions
Sec. 32101. Revocation or denial of passport in case of certain unpaid taxes.
Sec. 32102. Reform of rules relating to qualified tax collection contracts.
Sec. 32103. Special compliance personnel program.
Sec. 32104. Repeal of modification of automatic extension of return due date for
certain employee benefit plans.
Subtitle B—Fees and Receipts
Sec. 32201. Adjustment for inflation of fees for certain customs services.
Sec. 32202. Limitation on surplus funds of Federal reserve banks.
Sec. 32203. Dividends of Federal reserve banks.
Sec. 32204. Strategic Petroleum Reserve drawdown and sale.
Sec. 32205. Repeal.
Subtitle C—Outlays
Sec. 32301. Interest on overpayment.
Subtitle D—Budgetary Effects
Sec. 32401. Budgetary effects.
DIVISION D—MISCELLANEOUS
TITLE XLI—FEDERAL PERMITTING IMPROVEMENT
Sec. 41001. Definitions.
Sec. 41002. Federal Permitting Improvement Council.
Sec. 41003. Permitting process improvement.
Sec. 41004. Interstate compacts.
Sec. 41005. Coordination of required reviews.
Sec. 41006. Delegated State permitting programs.
Sec. 41007. Litigation, judicial review, and savings provision.
Sec. 41008. Reports.
Sec. 41009. Funding for governance, oversight, and processing of environmental re-
views and permits.
Sec. 41010. Application.
Sec. 41011. GAO Report.
Sec. 41012. Savings provision.
Sec. 41013. Sunset.
Sec. 41014. Placement.
TITLE XLII—ADDITIONAL PROVISIONS
Sec. 42001. GAO report on refunds to registered vendors of kerosene used in non-
commercial aviation.
TITLE XLIII—PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES
Sec. 43001. Payments from Abandoned Mine Reclamation Fund.
DIVISION E—EXPORT-IMPORT BANK OF THE UNITED STATES
Sec. 50001. Short title.
TITLE LI—TAXPAYER PROTECTION PROVISIONS AND INCREASED
ACCOUNTABILITY
Sec. 51001. Reduction in authorized amount of outstanding loans, guarantees, and
insurance.
Sec. 51002. Increase in loss reserves.
Sec. 51003. Review of fraud controls.
Sec. 51004. Office of Ethics.
Sec. 51005. Chief Risk Officer.
Sec. 51006. Risk Management Committee.
Sec. 51007. Independent audit of bank portfolio.
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129 STAT. 1320 PUBLIC LAW 114–94—DEC. 4, 2015
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 sys-
tems.
DIVISION F—ENERGY SECURITY
Sec. 61001. Emergency preparedness for energy supply disruptions.
Sec. 61002. Resolving environmental and grid reliability conflicts.
Sec. 61003. Critical electric infrastructure security.
Sec. 61004. Strategic Transformer Reserve.
Sec. 61005. Energy security valuation.
DIVISION G—FINANCIAL SERVICES
TITLE LXXI—IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH
COMPANIES
Sec. 71001. Filing requirement for public filing prior to public offering.
Sec. 71002. Grace period for change of status of emerging growth companies.
Sec. 71003. Simplified disclosure requirements for emerging growth companies.
TITLE LXXII—DISCLOSURE MODERNIZATION AND SIMPLIFICATION
Sec. 72001. Summary page for form 10–K.
Sec. 72002. Improvement of regulation S–K.
Sec. 72003. Study on modernization and simplification of regulation S–K.
TITLE LXXIII—BULLION AND COLLECTIBLE COIN PRODUCTION
EFFICIENCY AND COST SAVINGS
Sec. 73001. Technical corrections.
Sec. 73002. American Eagle Silver Bullion 30th Anniversary.
TITLE LXXIV—SBIC ADVISERS RELIEF
Sec. 74001. Advisers of SBICs and venture capital funds.
Sec. 74002. Advisers of SBICs and private funds.
Sec. 74003. Relationship to State law.
TITLE LXXV—ELIMINATE PRIVACY NOTICE CONFUSION
Sec. 75001. Exception to annual privacy notice requirement under the Gramm-
Leach-Bliley Act.
TITLE LXXVI—REFORMING ACCESS FOR INVESTMENTS IN STARTUP
ENTERPRISES
Sec. 76001. Exempted transactions.
TITLE LXXVII—PRESERVATION ENHANCEMENT AND SAVINGS
OPPORTUNITY
Sec. 77001. Distributions and residual receipts.
Sec. 77002. Future refinancings.
Sec. 77003. Implementation.
TITLE LXXVIII—TENANT INCOME VERIFICATION RELIEF
Sec. 78001. Reviews of family incomes.
TITLE LXXIX—HOUSING ASSISTANCE EFFICIENCY
Sec. 79001. Authority to administer rental assistance.
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129 STAT. 1321 PUBLIC LAW 114–94—DEC. 4, 2015
Sec. 79002. Reallocation of funds.
TITLE LXXX—CHILD SUPPORT ASSISTANCE
Sec. 80001. Requests for consumer reports by State or local child support enforce-
ment agencies.
TITLE LXXXI—PRIVATE INVESTMENT IN HOUSING
Sec. 81001. Budget-neutral demonstration program for energy and water conserva-
tion 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.
In this division, the following definitions apply:
(1) D
EPARTMENT
.—The term ‘‘Department’’ means the
Department of Transportation.
(2) S
ECRETARY
.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
SEC. 1002. RECONCILIATION OF FUNDS.
The Secretary shall reduce the amount apportioned or allocated
for a program, project, or activity under titles I and VI of this
Act in fiscal year 2016 by amounts apportioned or allocated pursu-
ant 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
23 USC 101 note.
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129 STAT. 1322 PUBLIC LAW 114–94—DEC. 4, 2015
this Act, shall be reduced by the amount set aside pursuant to
section 213 of such title, as in effect on the day before the date
of enactment of this Act.
SEC. 1003. EFFECTIVE DATE.
Except as otherwise provided, this division, including the
amendments made by this division, takes effect on October 1, 2015.
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
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) I
N
G
ENERAL
.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) F
EDERAL
-
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) T
RANSPORTATION 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) F
EDERAL LANDS AND TRIBAL TRANSPORTATION PRO
-
GRAMS
.—
(A) T
RIBAL 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) F
EDERAL LANDS TRANSPORTATION PROGRAM
.—
1 USC 1 note.
5 USC 5313 note.
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129 STAT. 1323 PUBLIC LAW 114–94—DEC. 4, 2015
(i) I
N GENERAL
.—For the Federal lands transpor-
tation 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) A
LLOCATION
.—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) F
EDERAL 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) T
ERRITORIAL 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) N
ATIONALLY 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) D
ISADVANTAGED
B
USINESS
E
NTERPRISES
.—
(1) F
INDINGS
.—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 sur-
face transportation markets across the United States;
23 USC 101 note.
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129 STAT. 1324 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 law-
suits, 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 participa-
tion 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) D
EFINITIONS
.—In this subsection, the following defini-
tions apply:
(A) S
MALL BUSINESS CONCERN
.—
(i) I
N GENERAL
.—The term ‘‘small business con-
cern’’ means a small business concern (as the term
is used in section 3 of the Small Business Act (15
U.S.C. 632)).
(ii) E
XCLUSIONS
.—The term ‘‘small business con-
cern’’ does not include any concern or group of concerns
controlled by the same socially and economically dis-
advantaged 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) S
OCIALLY AND ECONOMICALLY DISADVANTAGED
INDIVIDUALS
.—The term ‘‘socially and economically dis-
advantaged 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) A
MOUNTS 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) A
NNUAL LISTING OF DISADVANTAGED BUSINESS ENTER
-
PRISES
.—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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129 STAT. 1325 PUBLIC LAW 114–94—DEC. 4, 2015
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) U
NIFORM CERTIFICATION
.—
(A) I
N GENERAL
.—The Secretary shall establish min-
imum 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) I
NCLUSIONS
.—The minimum uniform criteria estab-
lished 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) R
EPORTING
.—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 disadvan-
taged business enterprise program.
(7) C
OMPLIANCE WITH COURT ORDERS
.—Nothing in this sub-
section 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 com-
plying 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) S
ENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUB
-
CONTRACTORS
.—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 enter-
prises prompt payment rule), or any corresponding regula-
tion, 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 com-
plaints and to make that information publicly available.
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129 STAT. 1326 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 1102. OBLIGATION CEILING.
(a) G
ENERAL
L
IMITATION
.—Subject to subsection (e), and not-
withstanding any other provision of law, the obligations for Federal-
aid highway and highway safety construction programs shall not
exceed—
(1) $42,361,000,000 for fiscal year 2016;
(2) $43,266,100,000 for fiscal year 2017;
(3) $44,234,212,000 for fiscal year 2018;
(4) $45,268,596,000 for fiscal year 2019; and
(5) $46,365,092,000 for fiscal year 2020.
(b) E
XCEPTIONS
.—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) D
ISTRIBUTION OF
O
BLIGATION
A
UTHORITY
.—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
23 USC 104 note.
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129 STAT. 1327 PUBLIC LAW 114–94—DEC. 4, 2015
(B) amounts authorized for the Bureau of Transpor-
tation 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 high-
way and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Sec-
retary (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 distrib-
uted 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 construc-
tion programs (other than sums authorized to be appro-
priated 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 pro-
grams 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 appro-
priated for the programs that are apportioned under title
23, United States Code, to all States for the fiscal year.
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129 STAT. 1328 PUBLIC LAW 114–94—DEC. 4, 2015
(d) R
EDISTRIBUTION OF
U
NUSED
O
BLIGATION
A
UTHORITY
.—Not-
withstanding 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) A
PPLICABILITY OF
O
BLIGATION
L
IMITATIONS TO
T
RANSPOR
-
TATION
R
ESEARCH
P
ROGRAMS
.—
(1) I
N GENERAL
.—Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs car-
ried out under—
(A) chapter 5 of title 23, United States Code; and
(B) title VI of this Act.
(2) E
XCEPTION
.—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 high-
way safety construction programs for future fiscal years.
(f) R
EDISTRIBUTION OF
C
ERTAIN
A
UTHORIZED
F
UNDS
.—
(1) I
N 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) R
ATIO
.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) A
VAILABILITY
.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.
SEC. 1103. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended—
(1) by striking paragraph (29);
(2) by redesignating paragraphs (15) through (28) as para-
graphs (16) through (29), respectively; and
(3) by inserting after paragraph (14) the following:
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129 STAT. 1329 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(15) N
ATIONAL HIGHWAY FREIGHT NETWORK
.—The term
‘National Highway Freight Network’ means the National High-
way Freight Network established under section 167.’’.
SEC. 1104. APPORTIONMENT.
(a) A
DMINISTRATIVE
E
XPENSES
.—Section 104(a)(1) of title 23,
United States Code, is amended to read as follows:
‘‘(1) I
N 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 administra-
tive 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) D
IVISION
A
MONG
P
ROGRAMS OF
S
TATE
’
S
S
HARE OF
B
ASE
A
PPORTIONMENT
.—Section 104(b) of title 23, United States Code,
is amended—
(1) by striking ‘‘(b) D
IVISION OF
’’ and all that follows before
paragraph (1) and inserting the following:
‘‘(b) D
IVISION
A
MONG
P
ROGRAMS OF
S
TATE
’
S
S
HARE OF
B
ASE
A
PPORTIONMENT
.—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 pro-
gram, the surface transportation block grant program, the highway
safety improvement program, the congestion mitigation and air
quality improvement program, the national highway freight pro-
gram, 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 ‘‘S
URFACE
TRANSPORTATION PROGRAM
’’ and inserting ‘‘S
URFACE
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 apportion-
ment 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) N
ATIONAL HIGHWAY FREIGHT PROGRAM
.—
‘‘(A) I
N 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) T
OTAL 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) S
TATE 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) M
ETROPOLITAN 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 deter-
mined 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) C
ALCULATION OF
S
TATE
A
MOUNTS
.—Section 104(c) of title
23, United States Code, is amended to read as follows:
‘‘(c) C
ALCULATION OF
A
MOUNTS
.—
‘‘(1) S
TATE SHARE
.—For each of fiscal years 2016 through
2020, the amount for each State shall be determined as follows:
‘‘(A) I
NITIAL AMOUNTS
.—The initial amounts for each
State shall be determined by multiplying—
‘‘(i) each of—
‘‘(I) the base apportionment;
‘‘(II) supplemental funds reserved under sub-
section (h)(1) for the national highway performance
program; and
‘‘(III) supplemental funds reserved under sub-
section (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) A
DJUSTMENTS 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 PUBLIC LAW 114–94—DEC. 4, 2015
Transit Account) in the most recent fiscal year for which
data are available.
‘‘(2) S
TATE 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 high-
way safety improvement program under section 148, the conges-
tion 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) S
UPPLEMENTAL
F
UNDS
.—Section 104 of title 23, United
States Code, is amended by adding at the end the following:
‘‘(h) S
UPPLEMENTAL
F
UNDS
.—
‘‘(1) S
UPPLEMENTAL FUNDS FOR NATIONAL HIGHWAY
PERFORMANCE PROGRAM
.—
‘‘(A) A
MOUNT
.—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) T
REATMENT OF FUNDS
.—Funds reserved under
subparagraph (A) and apportioned to a State under sub-
section (c) shall be treated as if apportioned under sub-
section (b)(1), and shall be in addition to amounts appor-
tioned under that subsection.
‘‘(2) S
UPPLEMENTAL FUNDS FOR SURFACE TRANSPORTATION
BLOCK GRANT PROGRAM
.—
‘‘(A) A
MOUNT
.—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) T
REATMENT OF FUNDS
.—Funds reserved under
subparagraph (A) and apportioned to a State under sub-
section (c) shall be treated as if apportioned under sub-
section (b)(2), and shall be in addition to amounts appor-
tioned under that subsection.
‘‘(i) B
ASE
A
PPORTIONMENT
D
EFINED
.—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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129 STAT. 1332 PUBLIC LAW 114–94—DEC. 4, 2015
program under section 149, the national highway freight pro-
gram 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) C
ONFORMING
A
MENDMENTS
.—
(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 ‘‘para-
graphs (5)(D) and (6) of section 104(b)’’.
(4) Section 136(b) of title 23, United States Code, is
amended in the first sentence by striking ‘‘paragraphs (1)
through (5) of section 104(b)’’ and inserting ‘‘paragraphs (1)
through (6) of section 104(b)’’.
(5) Section 141(b)(2) of title 23, United States Code, is
amended by striking ‘‘paragraphs (1) through (5) of section
104(b)’’ and inserting ‘‘paragraphs (1) through (6) of section
104(b)’’.
(6) Section 505(a) of title 23, United States Code, is
amended in the matter preceding paragraph (1) by striking
‘‘through (4)’’ and inserting ‘‘through (5)’’.
SEC. 1105. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY
PROJECTS.
(a) I
N
G
ENERAL
.—Title 23, United States Code, is amended
by inserting after section 116 the following:
‘‘§ 117. Nationally significant freight and highway projects
‘‘(a) E
STABLISHMENT
.—
‘‘(1) I
N GENERAL
.—There is established a nationally signifi-
cant freight and highway projects program to provide financial
assistance for projects of national or regional significance.
‘‘(2) G
OALS
.—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 infra-
structure 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) G
RANT
A
UTHORITY
.—
23 USC 117.
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129 STAT. 1333 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) I
N GENERAL
.—In carrying out the program established
in subsection (a), the Secretary may make grants, on a competi-
tive basis, in accordance with this section.
‘‘(2) G
RANT AMOUNT
.—Except as otherwise provided, each
grant made under this section shall be in an amount that
is at least $25,000,000.
‘‘(c) E
LIGIBLE
A
PPLICANTS
.—
‘‘(1) I
N 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 govern-
ment.
‘‘(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 enti-
ties described in this paragraph.
‘‘(2) A
PPLICATIONS
.—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) E
LIGIBLE
P
ROJECTS
.—
‘‘(1) I
N 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 pri-
vate freight rail, water (including ports), or inter-
modal 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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129 STAT. 1334 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 apportion-
ment under this chapter in the most recently com-
pleted fiscal year.
‘‘(2) L
IMITATION
.—
‘‘(A) I
N 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 improve-
ment 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) E
XCLUSIONS
.—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) S
MALL
P
ROJECTS
.—
‘‘(1) I
N 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 sub-
section (d)(1)(A) that do not satisfy the minimum threshold
under subsection (d)(1)(B).
‘‘(2) G
RANT AMOUNT
.—Each grant made under this sub-
section shall be in an amount that is at least $5,000,000.
‘‘(3) P
ROJECT 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) E
LIGIBLE
P
ROJECT
C
OSTS
.—Grant amounts received for a
project under this section may be used for—
‘‘(1) development phase activities, including planning, feasi-
bility 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, construc-
tion contingencies, acquisition of equipment, and operational
improvements directly related to improving system perform-
ance.
‘‘(g) P
ROJECT
R
EQUIREMENTS
.—The Secretary may select a
project described under this section (other than subsection (e))
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129 STAT. 1335 PUBLIC LAW 114–94—DEC. 4, 2015
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 commit-
ments—
‘‘(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) A
DDITIONAL
C
ONSIDERATIONS
.—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) R
URAL
A
REAS
.—
‘‘(1) I
N 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) E
XCESS 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) R
URAL 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) F
EDERAL
S
HARE
.—
‘‘(1) I
N GENERAL
.—The Federal share of the cost of a project
assisted with a grant under this section may not exceed 60
percent.
‘‘(2) M
AXIMUM 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 pro-
vided for a project receiving a grant under this section may
not exceed 80 percent of the total project cost.
‘‘(3) F
EDERAL LAND MANAGEMENT AGENCIES
.—Notwith-
standing 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) T
REATMENT OF
F
REIGHT
P
ROJECTS
.—Notwithstanding any
other provision of law, a freight project carried out under this
section shall be treated as if the project is located on a Federal-
aid highway.
‘‘(l) TIFIA P
ROGRAM
.—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) C
ONGRESSIONAL
N
OTIFICATION
.—
‘‘(1) N
OTIFICATION
.—
‘‘(A) I
N 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) M
ULTIMODAL 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) C
ONGRESSIONAL 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) R
EPORTS
.—
‘‘(1) A
NNUAL 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) C
OMPTROLLER GENERAL
.—
‘‘(A) A
SSESSMENT
.—The Comptroller General of the
United States shall conduct an assessment of the adminis-
trative establishment, solicitation, selection, and justifica-
tion process with respect to the funding of grants under
this section.
‘‘(B) R
EPORT
.—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 Com-
merce, 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 selec-
tion of each project, if applicable.’’.
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129 STAT. 1337 PUBLIC LAW 114–94—DEC. 4, 2015
(b) C
LERICAL
A
MENDMENT
.—The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item
relating to section 116 the following:
‘‘117. Nationally significant freight and highway projects.’’.
(c) R
EPEAL
.—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 P
ROGRAM
.—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 pro-
vide an eligible entity Federal credit assistance under chapter 6
with respect to a project eligible for assistance under this section.
‘‘(i) A
DDITIONAL
F
UNDING
E
LIGIBILITY FOR
C
ERTAIN
B
RIDGES
.—
‘‘(1) I
N GENERAL
.—Funds apportioned to a State to carry
out the national highway performance program may be obli-
gated for a project for the reconstruction, resurfacing, restora-
tion, rehabilitation, or preservation of a bridge not on the
National Highway System, if the bridge is on a Federal-aid
highway.
‘‘(2) L
IMITATION
.—A State required to make obligations
under subsection (f) shall ensure such requirements are satis-
fied in order to use the flexibility under paragraph (1).
‘‘(j) C
RITICAL
I
NFRASTRUCTURE
.—
‘‘(1) C
RITICAL INFRASTRUCTURE DEFINED
.—In this sub-
section, 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) C
ONSIDERATION
.—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) R
ISK REDUCTION
.—A State may use funds apportioned
under this section for projects intended to reduce the risk
of failure of critical infrastructure in the State.’’.
SEC. 1107. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS.
(a) E
LIGIBILITY
.—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) D
EFINITIONS
.—Section 125(e) of title 23, United States Code,
is amended by striking paragraph (1) and inserting the following:
23 USC
prec. 101.
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129 STAT. 1338 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) D
EFINITIONS
.—In this subsection, the following defini-
tions apply:
‘‘(A) O
PEN TO PUBLIC TRAVEL
.—The term ‘open to public
travel’ means, with respect to a road, that, except during
scheduled periods, extreme weather conditions, or emer-
gencies, the road—
‘‘(i) is maintained;
‘‘(ii) is open to the general public; and
‘‘(iii) can accommodate travel by a standard pas-
senger vehicle, without restrictive gates or prohibitive
signs or regulations, other than for general traffic con-
trol or restrictions based on size, weight, or class of
registration.
‘‘(B) S
TANDARD 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) I
N GENERAL
.—
‘‘(A) S
ET 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-high-
way 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) I
NSTALLATION OF PROTECTIVE DEVICES
.—At least
1
⁄
2
of the funds set aside each fiscal year under subpara-
graph (A) shall be available for the installation of protective
devices at railway-highway crossings.
‘‘(C) O
BLIGATION AVAILABILITY
.—Sums set aside each
fiscal year under subparagraph (A) shall be available for
obligation in the same manner as funds apportioned under
section 104(b)(1).’’.
SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
(a) F
INDINGS
.—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) S
URFACE
T
RANSPORTATION
B
LOCK
G
RANT
P
ROGRAM
.—Sec-
tion 133 of title 23, United States Code, is amended—
(1) by striking subsections (a), (b), (c), and (d) and inserting
the following:
23 USC 133 note.
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129 STAT. 1339 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(a) E
STABLISHMENT
.—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) E
LIGIBLE
P
ROJECTS
.—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 improve-
ments and programs, including railway-highway grade
crossings.
‘‘(5) Fringe and corridor parking facilities and programs
in accordance with section 137 and carpool projects in accord-
ance 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 counter-
measures, 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 public-
private partnerships eligible to receive funding under this title
and chapter 53 of title 49, and the payment of a stipend
to unsuccessful private bidders to offset their proposal develop-
ment 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) L
OCATION OF
P
ROJECTS
.—A surface transportation block
grant project may not be undertaken on a road functionally classi-
fied 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 construc-
tion 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) A
LLOCATIONS OF
A
PPORTIONED
F
UNDS TO
A
REAS
B
ASED
ON
P
OPULATION
.—
‘‘(1) C
ALCULATION
.—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 propor-
tion to their relative shares of the population of the State—
‘‘(i) in urbanized areas of the State with an urban-
ized 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) M
ETROPOLITAN AREAS
.—Funds attributed to an urban-
ized area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that encom-
passes the urbanized area.
‘‘(3) C
ONSULTATION WITH REGIONAL TRANSPORTATION PLAN
-
NING ORGANIZATIONS
.—For purposes of paragraph (1)(A)(iii),
before obligating funding attributed to an area with a popu-
lation greater than 5,000 and less than 200,000, a State shall
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129 STAT. 1341 PUBLIC LAW 114–94—DEC. 4, 2015
consult with the regional transportation planning organizations
that represent the area, if any.
‘‘(4) D
ISTRIBUTION AMONG URBANIZED AREAS OF OVER 200
,
000
POPULATION
.—
‘‘(A) I
N 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) O
THER 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 permis-
sion to base the obligation on other factors and the Sec-
retary grants the request.
‘‘(5) A
PPLICABILITY OF PLANNING REQUIREMENTS
.—Program-
ming and expenditure of funds for projects under this section
shall be consistent with sections 134 and 135.
‘‘(6) P
ERCENTAGE
.—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 sub-
sections (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 S
ET
-A
SIDE
.—
‘‘(1) R
ESERVATION 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 sub-
section 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) A
LLOCATION 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) E
LIGIBLE PROJECTS
.—Funds reserved under this sub-
section 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) A
CCESS TO FUNDS
.—
‘‘(A) I
N 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) E
LIGIBLE 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 adminis-
tration of local transportation safety programs; and
‘‘(viii) any other local or regional governmental
entity with responsibility for or oversight of transpor-
tation 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) C
ONTINUATION 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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129 STAT. 1343 PUBLIC LAW 114–94—DEC. 4, 2015
including the use of apportioned funds described in sub-
section (d)(3)(A) of that section.
‘‘(6) S
TATE FLEXIBILITY
.—
‘‘(A) R
ECREATIONAL 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) L
ARGE URBANIZED AREAS
.—A metropolitan plan-
ning 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) A
NNUAL REPORTS
.—
‘‘(A) I
N 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 apportion-
ment 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) P
UBLIC 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) T
REATMENT OF
P
ROJECTS
.—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) T
ECHNICAL AND
C
ONFORMING
A
MENDMENTS
.—
(1) S
ECTION 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 ‘‘sec-
tion 133(h)’’.
(2) S
ECTION 213
.—Section 213 of title 23, United States
Code, is repealed.
(3) S
ECTION 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) S
ECTION 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) C
HAPTER 1
.—Chapter 1 of title 23, United States Code,
is amended by striking ‘‘surface transportation program’’ each
23 USC 108,140,
142,149,165.
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129 STAT. 1344 PUBLIC LAW 114–94—DEC. 4, 2015
place it appears and inserting ‘‘surface transportation block
grant program’’.
(6) C
HAPTER ANALYSES
.—
(A) C
HAPTER 1
.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the item
relating to section 133 and inserting the following:
‘‘133. Surface transportation block grant program.’’.
(B) C
HAPTER 2
.—The item relating to section 213 in
the analysis for chapter 2 of title 23, United States Code,
is repealed.
(7) O
THER REFERENCES
.—Any reference in any other law,
regulation, document, paper, or other record of the United
States to the surface transportation program under section
133 of title 23, United States Code, shall be deemed to be
a reference to the surface transportation block grant program
under such section.
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b) of title 23, United States Code, is amended—
(1) by striking paragraph (2)(A) and inserting the following:
‘‘(A) I
N 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 Representa-
tives, and the Committee on Environment and Public Works
of the Senate’’ after ‘‘the Secretary’’.
SEC. 1111. BUNDLING OF BRIDGE PROJECTS.
Section 144 of title 23, United States Code, is amended—
(1) in subsection (c)(2)(A) by striking ‘‘the natural condition
of the bridge’’ and inserting ‘‘the natural condition of the water’’;
(2) by redesignating subsection (j) as subsection (k);
(3) by inserting after subsection (i) the following:
‘‘(j) B
UNDLING OF
B
RIDGE
P
ROJECTS
.—
‘‘(1) P
URPOSE
.—The purpose of this subsection is to save
costs and time by encouraging States to bundle multiple bridge
projects as 1 project.
‘‘(2) E
LIGIBLE 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) B
UNDLING 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 pursu-
ant to a contract for engineering and design or construction
between the contractor and an eligible entity.
23 USC 133 note.
23 USC
prec. 201.
23 USC
prec. 101.
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129 STAT. 1345 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(4) I
TEMIZATION
.—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) F
INANCIAL 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) E
NGINEERING COST REIMBURSEMENT
.—The provisions
of section 102(b) do not apply to projects carried out under
this subsection.’’; and
(4) in subsection (k)(2), as redesignated by paragraph (2)
of this section, by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’.
SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
(a) C
ONSTRUCTION OF
F
ERRY
B
OATS AND
F
ERRY
T
ERMINAL
F
ACILITIES
.—Section 147 of title 23, United States Code, is
amended—
(1) in subsection (a), in the subsection heading, by striking
‘‘I
N
G
ENERAL
.—’’ and inserting ‘‘P
ROGRAM
.—’’; and
(2) by striking subsections (d) through (g) and inserting
the following:
‘‘(d) F
ORMULA
.—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 pas-
sengers 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 pas-
sengers 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) R
EDISTRIBUTION OF
U
NOBLIGATED
A
MOUNTS
.—The Sec-
retary 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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129 STAT. 1346 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) M
INIMUM
A
MOUNT
.—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) I
MPLEMENTATION
.—
‘‘(1) D
ATA COLLECTION
.—
‘‘(A) N
ATIONAL FERRY DATABASE
.—Amounts made avail-
able 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) E
LIGIBILITY 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) A
DJUSTMENTS
.—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) A
UTHORIZATION OF
A
PPROPRIATIONS
.—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) P
ERIOD OF
A
VAILABILITY
.—Notwithstanding section 118(b),
funds made available to carry out this section shall remain available
until expended.
‘‘(j) A
PPLICABILITY
.—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 deter-
mined by the Secretary to be inconsistent with this section.’’.
(b) N
ATIONAL
F
ERRY
D
ATABASE
.—Section 1801(e)(4) of
SAFETEA–LU (23 U.S.C. 129 note) is amended by striking subpara-
graph (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) C
ONFORMING
A
MENDMENTS
.—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 PUBLIC LAW 114–94—DEC. 4, 2015
ferry terminal facility, or other eligible project under this sec-
tion.’’;
(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 partici-
pation under this title may be sold, leased, or otherwise dis-
posed 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 pur-
poses under this title.’’.
SEC. 1113. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) I
N
G
ENERAL
.—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 sepa-
ration 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) D
ATA
C
OLLECTION ON
U
NPAVED
P
UBLIC
R
OADS
.—
‘‘(1) I
N GENERAL
.—A State may elect not to collect funda-
mental data elements for the model inventory of roadway ele-
ments 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) R
ULE 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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129 STAT. 1348 PUBLIC LAW 114–94—DEC. 4, 2015
(b) C
OMMERCIAL
M
OTOR
V
EHICLE
S
AFETY
B
EST
P
RACTICES
.—
(1) R
EVIEW
.—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) C
ONSULTATION
.—In conducting the review under para-
graph (1), the Secretary shall consult with State transportation
departments and units of local government.
(3) R
EPORT
.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public
Works of the Senate a report describing the results of the
review conducted under paragraph (1).
SEC. 1114. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
Section 149 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (1)(A)(i)(I) by inserting ‘‘in the des-
ignated 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 fol-
lowing:
‘‘(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 sub-
section (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 PUBLIC LAW 114–94—DEC. 4, 2015
(ii) in subparagraph (B)(i) by striking ‘‘MAP–21t’’
and inserting ‘‘MAP–21’’; and
(C) in paragraph (3) by inserting ‘‘, in a manner con-
sistent with the approach that was in effect on the day
before the date of enactment of MAP–21,’’ after ‘‘the Sec-
retary 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) E
XCEPTION
.—In any State with a population den-
sity of 80 or fewer persons per square mile of land area,
based on the most recent decennial census, the require-
ments 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 anal-
ysis of a metropolitan transportation plan or transpor-
tation 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) C
ALCULATION
.—If subparagraph (A) applies to a
nonattainment or maintenance area in a State, the percent-
age 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) P
ORT
-
RELATED EQUIPMENT AND VEHICLES
.—To meet
the requirements under paragraph (1), a State or metropolitan
planning organization may elect to obligate funds to the most
cost-effective projects to reduce emissions from port-related
landside nonroad or on-road equipment that is operated within
the boundaries of a PM2.5 nonattainment or maintenance
area.’’;
(6) in subsection (l)(1)(B) by inserting ‘‘air quality and
traffic congestion’’ before ‘‘performance targets’’; and
(7) in subsection (m) by striking ‘‘section 104(b)(2)’’ and
inserting ‘‘section 104(b)(4)’’.
SEC. 1115. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
Section 165(a) of title 23, United States Code, is amended—
(1) in paragraph (1) by striking ‘‘$150,000,000’’ and
inserting ‘‘$158,000,000’’; and
(2) in paragraph (2) by striking ‘‘$40,000,000’’ and inserting
‘‘$42,000,000’’.
SEC. 1116. NATIONAL HIGHWAY FREIGHT PROGRAM.
(a) I
N
G
ENERAL
.—Section 167 of title 23, United States Code,
is amended to read as follows:
‘‘§ 167. National highway freight program
‘‘(a) I
N
G
ENERAL
.—
‘‘(1) P
OLICY
.—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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129 STAT. 1350 PUBLIC LAW 114–94—DEC. 4, 2015
the Network provides the foundation for the United States
to compete in the global economy and achieve the goals
described in subsection (b).
‘‘(2) E
STABLISHMENT
.—In support of the goals described
in subsection (b), the Administrator of the Federal Highway
Administration shall establish a national highway freight pro-
gram in accordance with this section to improve the efficient
movement of freight on the National Highway Freight Network.
‘‘(b) G
OALS
.—The goals of the national highway freight program
are—
‘‘(1) to invest in infrastructure improvements and to imple-
ment operational improvements on the highways of the United
States that—
‘‘(A) strengthen the contribution of the National High-
way Freight Network to the economic competitiveness of
the United States;
‘‘(B) reduce congestion and bottlenecks on the National
Highway Freight Network;
‘‘(C) reduce the cost of freight transportation;
‘‘(D) improve the year-round reliability of freight
transportation; and
‘‘(E) increase productivity, particularly for domestic
industries and businesses that create high-value jobs;
‘‘(2) to improve the safety, security, efficiency, and resiliency
of freight transportation in rural and urban areas;
‘‘(3) to improve the state of good repair of the National
Highway Freight Network;
‘‘(4) to use innovation and advanced technology to improve
the safety, efficiency, and reliability of the National Highway
Freight Network;
‘‘(5) to improve the efficiency and productivity of the
National Highway Freight Network;
‘‘(6) to improve the flexibility of States to support multi-
State corridor planning and the creation of multi-State
organizations to increase the ability of States to address high-
way freight connectivity; and
‘‘(7) to reduce the environmental impacts of freight move-
ment on the National Highway Freight Network.
‘‘(c) E
STABLISHMENT OF
N
ATIONAL
H
IGHWAY
F
REIGHT
N
ET
-
WORK
.—
‘‘(1) I
N 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) N
ETWORK 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 des-
ignated as part of the primary highway freight system.
‘‘(d) D
ESIGNATION AND
R
EDESIGNATION OF THE
P
RIMARY
H
IGH
-
WAY
F
REIGHT
S
YSTEM
.—
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129 STAT. 1351 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) I
NITIAL 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 sec-
tion 167(d) of this title, as in effect on the day before the
date of enactment of the FAST Act.
‘‘(2) R
EDESIGNATION OF PRIMARY HIGHWAY FREIGHT
SYSTEM
.—
‘‘(A) I
N 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 high-
way freight system.
‘‘(B) R
EDESIGNATION 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) U
SE 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) I
NPUT
.—In redesignating the primary highway
freight system, the Administrator shall provide an oppor-
tunity for State freight advisory committees, as applicable,
to submit additional miles for consideration.
‘‘(E) F
ACTORS 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 prin-
cipal arterials, including consideration of global and
domestic supply chains;
‘‘(x) critical emerging freight corridors and critical
commerce corridors; and
‘‘(xi) network connectivity.
‘‘(e) C
RITICAL
R
URAL
F
REIGHT
C
ORRIDORS
.—
‘‘(1) I
N 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, develop-
ment, installation, or production areas;
‘‘(C) connects the primary highway freight system, a
roadway described in subparagraph (A) or (B), or the Inter-
state 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) L
IMITATION
.—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) C
RITICAL
U
RBAN
F
REIGHT
C
ORRIDORS
.—
‘‘(1) U
RBANIZED 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) U
RBANIZED 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 rep-
resentative metropolitan planning organization, may designate
a public road within the borders of that area of the State
as a critical urban freight corridor.
‘‘(3) R
EQUIREMENTS 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 alter-
native 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 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(4) L
IMITATION
.—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) D
ESIGNATION AND
C
ERTIFICATION
.—
‘‘(1) D
ESIGNATION
.—States and metropolitan planning
organizations may designate corridors under subsections (e)
and (f) and submit the designated corridors to the Adminis-
trator on a rolling basis.
‘‘(2) C
ERTIFICATION
.—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) H
IGHWAY
F
REIGHT
T
RANSPORTATION
C
ONDITIONS AND
P
ERFORMANCE
R
EPORTS
.—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) U
SE OF
A
PPORTIONED
F
UNDS
.—
‘‘(1) I
N 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) F
ORMULA
.—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) U
SE OF FUNDS
.—
‘‘(A) S
TATES WITH HIGH PRIMARY HIGHWAY FREIGHT
SYSTEM MILEAGE
.—If the proportion of a State under para-
graph (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) S
TATES WITH LOW PRIMARY HIGHWAY FREIGHT
SYSTEM MILEAGE
.—If the proportion of a State under para-
graph (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) F
REIGHT PLANNING
.—Notwithstanding any other provi-
sion of law, effective beginning 2 years after the date of enact-
ment of the FAST Act, a State may not obligate funds appor-
tioned 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) E
LIGIBILITY
.—
‘‘(A) I
N GENERAL
.—Except as provided in this sub-
section, 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) O
THER PROJECTS
.—For each fiscal year, a State
may obligate not more than 10 percent of the total appor-
tionment 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 infrastruc-
ture necessary to facilitate direct intermodal inter-
change, transfer, and access into or out of the facility.
‘‘(C) E
LIGIBLE 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 plan-
ning, feasibility analysis, revenue forecasting, environ-
mental 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 oper-
ational 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 sys-
tems for vehicles, including weigh-in-motion truck
inspection technologies.
‘‘(xiv) Traffic signal optimization, including syn-
chronized and adaptive signals.
‘‘(xv) Work zone management and information sys-
tems.
‘‘(xvi) Highway ramp metering.
‘‘(xvii) Electronic cargo and border security tech-
nologies that improve truck freight movement.
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129 STAT. 1355 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 infrastruc-
ture 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) O
THER 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) A
PPLICABILITY OF PLANNING REQUIREMENTS
.—Program-
ming and expenditure of funds for projects under this section
shall be consistent with the requirements of sections 134 and
135.
‘‘(j) S
TATE
P
ERFORMANCE
T
ARGETS
.—If the Administrator deter-
mines 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 bottle-
necks; and
‘‘(4) a description of the actions the State will undertake
to meet the performance targets of the State.
‘‘(k) I
NTELLIGENT
F
REIGHT
T
RANSPORTATION
S
YSTEM
.—
‘‘(1) D
EFINITION OF INTELLIGENT FREIGHT TRANSPORTATION
SYSTEM
.—In this section, the term ‘intelligent freight transpor-
tation system’ means—
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129 STAT. 1356 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(A) innovative or intelligent technological transpor-
tation systems, infrastructure, or facilities, including ele-
vated 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 intel-
ligent freight lanes.
‘‘(2) O
PERATING STANDARDS
.—The Administrator shall
determine whether there is a need for establishing operating
standards for intelligent freight transportation systems.
‘‘(l) T
REATMENT OF
F
REIGHT
P
ROJECTS
.—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) C
LERICAL
A
MENDMENT
.—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) R
EPEALS
.—Sections 1116, 1117, and 1118 of MAP–21 (23
U.S.C. 167 note), and the items relating to such sections in the
table of contents in section 1(c) of such Act, are repealed.
SEC. 1117. FEDERAL LANDS AND TRIBAL TRANSPORTATION PRO-
GRAMS.
(a) T
RIBAL
D
ATA
C
OLLECTION
.—Section 201(c)(6) of title 23,
United States Code, is amended by adding at the end the following:
‘‘(C) T
RIBAL 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 pro-
gram 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 pro-
gram 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 activi-
ties 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) R
EPORT ON
T
RIBAL
G
OVERNMENT
T
RANSPORTATION
S
AFETY
D
ATA
.—
(1) F
INDINGS
.—Congress finds that—
(A) in many States, the Native American population
is disproportionately represented in fatalities and crash
statistics;
23 USC
prec. 101.
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129 STAT. 1357 PUBLIC LAW 114–94—DEC. 4, 2015
(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 Fed-
eral 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 appro-
priate 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) R
EPORT TO CONGRESS
.—
(A) I
N 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 Infra-
structure 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) P
URPOSES
.—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 motor-
ists.
(C) P
APERLESS 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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129 STAT. 1358 PUBLIC LAW 114–94—DEC. 4, 2015
(D) A
DDITIONAL BUDGETARY RESOURCES
.—The Sec-
retary shall include in the report the identification of Fed-
eral transportation funds provided to Indian tribes by agen-
cies in addition to the Department and the Department
of the Interior.
(c) S
TUDY ON
B
UREAU OF
I
NDIAN
A
FFAIRS
R
OAD
S
AFETY
.—
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 Represent-
atives 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 subpara-
graph (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 fol-
lowing:
‘‘(vi) The Bureau of Reclamation.’’.
SEC. 1120. FEDERAL LANDS PROGRAMMATIC ACTIVITIES.
Section 201(c) of title 23, United States Code, is amended—
(1) in paragraph (6)(A)—
(A) by redesignating clauses (i) and (ii) as subclauses
(I) and (II), respectively (and by moving the subclauses
2 ems to the right);
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129 STAT. 1359 PUBLIC LAW 114–94—DEC. 4, 2015
(B) in the matter preceding subclause (I) (as so redesig-
nated), by striking ‘‘The Secretaries’’ and inserting the
following:
‘‘(i) I
N 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) R
EQUIREMENT
.—Data collected to implement
the tribal transportation program shall be in accord-
ance with the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
‘‘(iii) I
NCLUSIONS
.—Data collected under this para-
graph includes—’’; and
(2) by striking paragraph (7) and inserting the following—
‘‘(7) C
OOPERATIVE RESEARCH AND TECHNOLOGY DEPLOY
-
MENT
.—The Secretary may conduct cooperative research and
technology deployment in coordination with Federal land
management agencies, as determined appropriate by the Sec-
retary.
‘‘(8) F
UNDING
.—
‘‘(A) I
N 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) O
THER 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 inven-
tory described under section 203; and
‘‘(ii) transportation planning activities carried out
by Federal land management agencies eligible for
funding under this chapter.’’.
SEC. 1121. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.
(a) I
N
G
ENERAL
.—Chapter 2 of title 23, United States Code,
is amended by inserting after section 206 the following:
‘‘§ 207. Tribal transportation self-governance program
‘‘(a) E
STABLISHMENT
.—Subject to the requirements of this sec-
tion, 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) E
LIGIBILITY
.—
‘‘(1) I
N 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.
23 USC 207.
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129 STAT. 1360 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(2) C
RITERIA FOR DETERMINING FINANCIAL STABILITY AND
FINANCIAL MANAGEMENT CAPACITY
.—For the purposes of para-
graph (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 evi-
dence of the required financial stability and financial manage-
ment capability.
‘‘(3) C
RITERIA FOR DETERMINING TRANSPORTATION PROGRAM
MANAGEMENT CAPABILITY
.—The Secretary shall require an
Indian tribe to demonstrate transportation program manage-
ment capability, including the capability to manage and com-
plete projects eligible under this title and projects eligible under
chapter 53 of title 49, to gain eligibility for the program.
‘‘(c) C
OMPACTS
.—
‘‘(1) C
OMPACT 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) C
ONTENTS
.—A compact entered into under paragraph
(1) shall set forth the general terms of the government-to-
government relationship between the Indian tribe and the
United States under the program and other terms that will
continue to apply in future fiscal years.
‘‘(3) A
MENDMENTS
.—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) A
NNUAL
F
UNDING
A
GREEMENTS
.—
‘‘(1) F
UNDING AGREEMENT REQUIRED
.—After entering into
a compact with an Indian tribe under subsection (c), the Sec-
retary shall negotiate and enter into a written annual funding
agreement with the Indian tribe.
‘‘(2) C
ONTENTS
.—
‘‘(A) I
N GENERAL
.—
‘‘(i) F
ORMULA FUNDING AND DISCRETIONARY
GRANTS
.—A funding agreement entered into with an
Indian tribe shall authorize the Indian tribe, as deter-
mined 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 avail-
able to Indian tribes to carry out tribal transportation
programs and programs, services, functions, and activi-
ties (or portions thereof) administered by the Secretary
that are otherwise available to Indian tribes.
‘‘(ii) T
RANSFERS OF STATE FUNDS
.—
‘‘(I) I
NCLUSION 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 PUBLIC LAW 114–94—DEC. 4, 2015
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) M
ETHOD 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) R
ESPONSIBILITY FOR TRANSFERRED
FUNDS
.—Notwithstanding any other provision of
law, if a State provides funds described in sub-
clause (I) to an Indian tribe—
‘‘(aa) the State shall not be responsible
for constructing or maintaining a project car-
ried 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 car-
ried 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) A
DMINISTRATION 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) F
LEXIBLE AND INNOVATIVE FINANCING
.—
‘‘(i) I
N 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) T
ERMS AND CONDITIONS
.—
‘‘(I) A
UTHORITY 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) T
ERMS 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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129 STAT. 1362 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 Regula-
tions, as in effect on the date of enactment
of the FAST Act.
‘‘(3) T
ERMS
.—A funding agreement shall set forth—
‘‘(A) terms that generally identify the programs, serv-
ices, 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) S
UBSEQUENT FUNDING AGREEMENTS
.—
‘‘(A) A
PPLICABILITY 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 other-
wise agreed to by the parties, each funding agreement
shall remain in full force and effect until a subsequent
funding agreement is executed.
‘‘(B) E
FFECTIVE 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) C
ONSENT 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) G
ENERAL
P
ROVISIONS
.—
‘‘(1) R
EDESIGN AND CONSOLIDATION
.—
‘‘(A) I
N 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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129 STAT. 1363 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(bb) this title and chapter 53 of title 49;
and
‘‘(cc) any other applicable law.
‘‘(B) E
XCEPTION
.—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) R
ETROCESSION
.—
‘‘(A) I
N GENERAL
.—
‘‘(i) A
UTHORITY OF INDIAN TRIBES
.—An Indian tribe
may retrocede (fully or partially) to the Secretary pro-
grams, services, functions, or activities (or portions
thereof) included in a compact or funding agreement.
‘‘(ii) R
EASSUMPTION OF REMAINING FUNDS
.—Fol-
lowing a retrocession described in clause (i), the Sec-
retary may—
‘‘(I) reassume the remaining funding associ-
ated with the retroceded programs, functions, serv-
ices, 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 pro-
grams, services, functions, or activities (or portions
thereof) to the Secretary of the Interior to carry
out transportation services provided by the Sec-
retary of the Interior; and
‘‘(III) distribute funds not transferred under
subclause (II) in accordance with applicable law.
‘‘(iii) C
ORRECTION 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 Sec-
retary shall not be required to provide additional funds
to complete or correct any programs, functions, serv-
ices, or activities (or portions thereof).
‘‘(B) E
FFECTIVE 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 activi-
ties (or portions thereof), the Secretary of the Interior.
‘‘(f) P
ROVISIONS
R
ELATING TO
S
ECRETARY
.—
‘‘(1) D
ECISIONMAKER
.—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 Depart-
ment than the level of the departmental agency in which
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129 STAT. 1364 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) T
ERMINATION OF COMPACT OR FUNDING AGREEMENT
.—
‘‘(A) A
UTHORITY TO TERMINATE
.—
‘‘(i) P
ROVISION TO BE INCLUDED IN COMPACT OR
FUNDING AGREEMENT
.—A compact or funding agree-
ment shall include a provision authorizing the Sec-
retary, if the Secretary makes a finding described in
subparagraph (B), to—
‘‘(I) terminate the compact or funding agree-
ment (or a portion thereof); and
‘‘(II) reassume the remaining funding associ-
ated with the reassumed programs, functions, serv-
ices, and activities included in the compact or
funding agreement.
‘‘(ii) T
RANSFERS OF FUNDS
.—Out of any funds re-
assumed 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 accord-
ance with applicable law.
‘‘(B) F
INDINGS 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) P
ROHIBITION
.—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) E
XCEPTION
.—
‘‘(i) I
N 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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129 STAT. 1365 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(II) the jeopardy arises out of a failure to
carry out the compact or funding agreement.
‘‘(ii) H
EARINGS
.—If the Secretary terminates a com-
pact 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) B
URDEN 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) C
OST
P
RINCIPLES
.—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 Edu-
cation 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) T
RANSFER OF
F
UNDS
.—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) C
ONSTRUCTION
P
ROGRAMS
.—
‘‘(1) S
TANDARDS
.—Construction projects carried out under
programs administered by an Indian tribe with funds trans-
ferred 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) M
ONITORING
.—Construction programs shall be mon-
itored by the Secretary in accordance with applicable regula-
tions.
‘‘(j) F
ACILITATION
.—
‘‘(1) S
ECRETARIAL INTERPRETATION
.—Except as otherwise
provided by law, the Secretary shall interpret all Federal laws,
Executive orders, and regulations in a manner that will facili-
tate—
‘‘(A) the inclusion of programs, services, functions, and
activities (or portions thereof) and funds associated there-
with, in compacts and funding agreements; and
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129 STAT. 1366 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(B) the implementation of the compacts and funding
agreements.
‘‘(2) R
EGULATION WAIVER
.—
‘‘(A) I
N GENERAL
.—An Indian tribe may submit to the
Secretary a written request to waive application of a regula-
tion promulgated under this section with respect to a com-
pact or funding agreement. The request shall identify the
regulation sought to be waived and the basis for the
request.
‘‘(B) A
PPROVALS AND DENIALS
.—
‘‘(i) I
N GENERAL
.—Not later than 90 days after
the date of receipt of a written request under subpara-
graph (A), the Secretary shall approve or deny the
request in writing.
‘‘(ii) R
EVIEW
.—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) D
EEMED APPROVAL
.—If the Secretary does not
approve or deny a request submitted under subpara-
graph (A) on or before the last day of the 90-day
period referred to in clause (i), the request shall be
deemed approved.
‘‘(iv) D
ENIALS
.—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) F
INALITY OF DECISIONS
.—A decision by the
Secretary under this subparagraph shall be final for
the Department.
‘‘(k) D
ISCLAIMERS
.—
‘‘(1) E
XISTING 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) L
IMITATION 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) A
PPLICABILITY OF
I
NDIAN
S
ELF
-D
ETERMINATION AND
E
DU
-
CATION
A
SSISTANCE
A
CT
.—Except to the extent in conflict with
this section (as determined by the Secretary), the following provi-
sions 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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129 STAT. 1367 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 provi-
sions.
‘‘(9) Section 518 of such Act (25 U.S.C. 458aaa–17), relating
to appeals.
‘‘(m) D
EFINITIONS
.—
‘‘(1) I
N GENERAL
.—In this section, the following definitions
apply (except as otherwise expressly provided):
‘‘(A) C
OMPACT
.—The term ‘compact’ means a compact
between the Secretary and an Indian tribe entered into
under subsection (c).
‘‘(B) D
EPARTMENT
.—The term ‘Department’ means the
Department of Transportation.
‘‘(C) E
LIGIBLE 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) F
UNDING AGREEMENT
.—The term ‘funding agree-
ment’ means a funding agreement between the Secretary
and an Indian tribe entered into under subsection (d).
‘‘(E) I
NDIAN 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 responsibil-
ities 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) P
ROGRAM
.—The term ‘program’ means the tribal
transportation self-governance program established under
this section.
‘‘(G) S
ECRETARY
.—The term ‘Secretary’ means the Sec-
retary of Transportation.
‘‘(H) T
RANSPORTATION PROGRAMS
.—The term ‘transpor-
tation programs’ means all programs administered or
financed by the Department under this title and chapter
53 of title 49.
‘‘(2) A
PPLICABILITY OF OTHER DEFINITIONS
.—In this section,
the definitions set forth in sections 4 and 505 of the Indian
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129 STAT. 1368 PUBLIC LAW 114–94—DEC. 4, 2015
Self-Determination and Education Assistance Act (25 U.S.C.
450b; 458aaa) apply, except as otherwise expressly provided
in this section.
‘‘(n) R
EGULATIONS
.—
‘‘(1) I
N GENERAL
.—
‘‘(A) P
ROMULGATION
.—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) P
UBLICATION OF PROPOSED REGULATIONS
.—Pro-
posed regulations to implement this section shall be pub-
lished in the Federal Register by the Secretary not later
than 21 months after such date of enactment.
‘‘(C) E
XPIRATION OF AUTHORITY
.—The authority to
promulgate regulations under subparagraph (A) shall
expire 30 months after such date of enactment.
‘‘(D) E
XTENSION 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) C
OMMITTEE
.—
‘‘(A) I
N 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) R
EQUIREMENTS
.—The committee shall confer with,
and accommodate participation by, representatives of
Indian tribes, inter-tribal consortia, tribal organizations,
and individual tribal members.
‘‘(C) A
DAPTATION OF PROCEDURES
.—The Secretary shall
adapt the negotiated rulemaking procedures to the unique
context of self-governance and the government-to-govern-
ment relationship between the United States and Indian
tribes.
‘‘(3) E
FFECT
.—The lack of promulgated regulations shall
not limit the effect of this section.
‘‘(4) E
FFECT OF CIRCULARS
,
POLICIES
,
MANUALS
,
GUIDANCE
,
AND RULES
.—Unless expressly agreed to by the participating
Indian tribe in the compact or funding agreement, the partici-
pating 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) C
LERICAL
A
MENDMENT
.—The analysis for chapter 2 of title
23, United States Code, is amended by inserting after the item
relating to section 206 the following:
‘‘207. Tribal transportation self-governance program.’’.
SEC. 1122. STATE FLEXIBILITY FOR NATIONAL HIGHWAY SYSTEM
MODIFICATIONS.
(a) N
ATIONAL
H
IGHWAY
S
YSTEM
F
LEXIBILITY
.—Not later than
90 days after the date of enactment of this Act, the Secretary
shall issue guidance relating to working with State departments
23 USC 103 note.
23 USC
prec. 201.
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129 STAT. 1369 PUBLIC LAW 114–94—DEC. 4, 2015
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) A
DMINISTRATIVE
A
CTIONS
.—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 reclassi-
fied road is located.
(c) N
ATIONAL
H
IGHWAY
S
YSTEM
M
ODIFICATION
R
EGULATIONS
.—
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 High-
way System by withdrawing a road from the National Highway
System.
(d) R
EPORT TO
C
ONGRESS
.—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 Infrastruc-
ture 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) M
ODIFICATIONS TO THE
N
ATIONAL
H
IGHWAY
S
YSTEM
.—Sec-
tion 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 with-
drawal 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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129 STAT. 1370 PUBLIC LAW 114–94—DEC. 4, 2015
(C) by adding at the end the following:
‘‘(II) in the case of the withdrawal of a road, is
reasonable and appropriate.’’.
SEC. 1123. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL
PROJECTS PROGRAM.
(a) P
URPOSE
.—The Secretary shall establish a nationally signifi-
cant 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) E
LIGIBLE
A
PPLICANTS
.—
(1) I
N GENERAL
.—Except as provided in paragraph (2), enti-
ties 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) S
PECIAL RULE
.—A State, county, or unit of local govern-
ment may only apply for funding under the program if spon-
sored by an eligible Federal land management agency or Indian
tribe.
(c) E
LIGIBLE
P
ROJECTS
.—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) E
LIGIBLE
A
CTIVITIES
.—
(1) I
N 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) I
NELIGIBLE ACTIVITIES
.—An eligible applicant may not
use funds received under the program for activities relating
to project design.
(e) A
PPLICATIONS
.—Eligible applicants shall submit to the Sec-
retary an application at such time, in such form, and containing
such information as the Secretary may require.
(f) S
ELECTION
C
RITERIA
.—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;
23 USC 201 note.
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129 STAT. 1371 PUBLIC LAW 114–94—DEC. 4, 2015
(2) improves the condition of critical transportation facili-
ties, 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) F
EDERAL
S
HARE
.—
(1) I
N GENERAL
.—The Federal share of the cost of a project
shall be up to 90 percent.
(2) N
ON
-
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) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There is authorized
to be appropriated to carry out this section $100,000,000 for each
of fiscal years 2016 through 2020. Such sums shall remain available
for a period of 3 fiscal years following the fiscal year for which
the amounts are appropriated.
Subtitle B—Planning and Performance
Management
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘people and freight and’’ and inserting
‘‘people and freight,’’ and
(B) by inserting ‘‘and take into consideration resiliency
needs’’ after ‘‘urbanized areas,’’;
(2) in subsection (c)(2) by striking ‘‘and bicycle transpor-
tation facilities’’ and inserting ‘‘, bicycle transportation facilities,
and intermodal facilities that support intercity transportation,
including intercity buses and intercity bus facilities and com-
muter 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) R
EPRESENTATION
.—
‘‘(A) I
N 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) P
UBLIC TRANSPORTATION REPRESENTATIVE
.—Sub-
ject to the bylaws or enabling statute of the metropolitan
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129 STAT. 1372 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) P
OWERS 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 nat-
ural 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 consump-
tion 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 ship-
pers,’’; 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 transpor-
tation’’; 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 PUBLIC LAW 114–94—DEC. 4, 2015
(8) in subsection (k)(3)—
(A) in subparagraph (A) by inserting ‘‘(including inter-
city 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) C
ONGESTION MANAGEMENT PLAN
.—A metropolitan
planning organization serving a transportation manage-
ment area may develop a plan that includes projects and
strategies that will be considered in the TIP of such metro-
politan 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 serv-
ices, 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 opportuni-
ties.
‘‘(D) P
ARTICIPATION
.—In developing the plan under
subparagraph (C), a metropolitan planning organization
shall consult with employers, private and nonprofit pro-
viders of public transportation, transportation management
organizations, and organizations that provide job access
reverse commute projects or job-related services to low-
income individuals.’’;
(9) in subsection (l)—
(A) by adding a period at the end of paragraph (1);
and
(B) in paragraph (2)(D) by striking ‘‘of less than
200,000’’ and inserting ‘‘with a population of 200,000 or
less’’;
(10) in subsection (n)(1) by inserting ‘‘49’’ after ‘‘chapter
53 of title’’;
(11) in subsection (p) by striking ‘‘Funds set aside under
section 104(f)’’ and inserting ‘‘Funds apportioned under para-
graphs (5)(D) and (6) of section 104(b)’’; and
(12) by adding at the end the following:
‘‘(r) B
I
-S
TATE
M
ETROPOLITAN
P
LANNING
O
RGANIZATION
.—
‘‘(1) D
EFINITION OF BI
-
STATE MPO REGION
.—In this sub-
section, 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) T
REATMENT
.—For the purpose of this title, the Bi-
State MPO Region shall be treated as—
‘‘(A) a metropolitan planning organization;
‘‘(B) a transportation management area under sub-
section (k); and
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129 STAT. 1374 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(C) an urbanized area, which is comprised of a popu-
lation of 145,000 in the State of California and a population
of 65,000 in the State of Nevada.
‘‘(3) S
UBALLOCATED FUNDING
.—
‘‘(A) P
LANNING
.—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 para-
graph (2) of this subsection for the Bi-State MPO
Region in that State; and
‘‘(iii) increase the amount under section
133(d)(1)(A)(i) by the population specified in paragraph
(2) of this subsection for the Bi-State MPO Region
in that State.
‘‘(B) STBGP
SET ASIDE
.—In determining the amounts
under paragraph (2) of section 133(h) that shall be obligated
for a fiscal year in the States of California and Nevada,
the Secretary shall, for the purpose of that subsection,
calculate the populations for each of those States in a
manner consistent with subparagraph (A).’’.
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.
Section 135 of title 23, United States Code, is amended—
(1) in subsection (a)(2) by striking ‘‘and bicycle transpor-
tation facilities’’ and inserting, ‘‘, bicycle transportation facili-
ties, and intermodal facilities that support intercity transpor-
tation, 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 ship-
pers,’’; and
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129 STAT. 1375 PUBLIC LAW 114–94—DEC. 4, 2015
(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 transpor-
tation’’; and
(B) in paragraph (7), in the matter preceding subpara-
graph (A), by striking ‘‘should’’ and inserting ‘‘shall’’; and
(C) in paragraph (8), by inserting ‘‘, including consider-
ation 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 pre-
serve 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 ship-
pers’’; and
(B) by inserting ‘‘(including intercity bus operators),’’
after ‘‘private providers of transportation’’.
Subtitle C—Acceleration of Project
Delivery
SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC
SITES.
(a) H
IGHWAYS
.—Section 138 of title 23, United States Code,
is amended by adding at the end the following:
‘‘(c) S
ATISFACTION OF
R
EQUIREMENTS FOR
C
ERTAIN
H
ISTORIC
S
ITES
.—
‘‘(1) I
N 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) A
VOIDANCE ALTERNATIVE ANALYSIS
.—
‘‘(A) I
N 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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129 STAT. 1376 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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) C
ONCURRENCE
.—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) P
UBLICATION
.—A notice of a determination,
together with each relevant concurrence to that determina-
tion, 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) A
LIGNING HISTORICAL REVIEWS
.—
‘‘(A) I
N 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 con-
sultation requirements of section 306108 of title 54.
‘‘(B) S
ATISFACTION OF CONDITIONS
.—To satisfy sub-
section (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) P
UBLIC
T
RANSPORTATION
.—Section 303 of title 49, United
States Code, is amended by adding at the end the following:
‘‘(e) S
ATISFACTION OF
R
EQUIREMENTS FOR
C
ERTAIN
H
ISTORIC
S
ITES
.—
‘‘(1) I
N 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 imple-
menting 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) A
VOIDANCE ALTERNATIVE ANALYSIS
.—
‘‘(A) I
N 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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129 STAT. 1377 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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) C
ONCURRENCE
.—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) P
UBLICATION
.—A notice of a determination,
together with each relevant concurrence to that determina-
tion, 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) A
LIGNING HISTORICAL REVIEWS
.—
‘‘(A) I
N 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 con-
sultation requirements of section 306108 of title 54.
‘‘(B) S
ATISFACTION OF CONDITIONS
.—To satisfy sub-
section (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 agree-
ment developed under section 306108 of title 54.’’.
SEC. 1302. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL
AUTHORITIES.
(a) T
ITLE
23 A
MENDMENT
.—Section 138 of title 23, United
States Code, as amended by section 1301, is amended by adding
at the end the following:
‘‘(d) R
EFERENCES TO
P
AST
T
RANSPORTATION
E
NVIRONMENTAL
A
UTHORITIES
.—
‘‘(1) S
ECTION 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) S
ECTION 106 REQUIREMENTS
.—The requirements of sec-
tion 306108 of title 54 are commonly referred to as section
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129 STAT. 1378 PUBLIC LAW 114–94—DEC. 4, 2015
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) T
ITLE
49 A
MENDMENT
.—Section 303 of title 49, United
States Code, as amended by section 1301, is amended by adding
at the end the following:
‘‘(f) R
EFERENCES TO
P
AST
T
RANSPORTATION
E
NVIRONMENTAL
A
UTHORITIES
.—
‘‘(1) S
ECTION 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) S
ECTION 106 REQUIREMENTS
.—The requirements of sec-
tion 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) P
RESERVATION OF
P
ARKLANDS
.—Section 138 of title 23,
United States Code, as amended by section 1302, is amended by
adding at the end the following:
‘‘(e) B
RIDGE
E
XEMPTION
F
ROM
C
ONSIDERATION
.—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) P
OLICY ON
L
ANDS
, W
ILDLIFE AND
W
ATERFOWL
R
EFUGES
,
AND
H
ISTORIC
S
ITES
.—Section 303 of title 49, United States Code,
as amended by section 1302, is amended by adding at the end
the following:
‘‘(g) B
RIDGE
E
XEMPTION
F
ROM
C
ONSIDERATION
.—A common
post-1945 concrete or steel bridge or culvert (as described in 77
Fed. Reg. 68790) that is exempt from individual review under
section 306108 of title 54 shall be exempt from consideration under
this section.’’.
SEC. 1304. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT
DECISIONMAKING.
(a) D
EFINITIONS
.—Section 139(a) of title 23, United States Code,
is amended—
(1) by striking paragraph (5) and inserting the following:
‘‘(5) M
ULTIMODAL PROJECT
.—The term ‘multimodal project’
means a project that requires the approval of more than 1
Department of Transportation operating administration or sec-
retarial office.’’; and
(2) by striking paragraph (6) and inserting the following:
‘‘(6) P
ROJECT
.—
‘‘(A) I
N GENERAL
.—The term ‘project’ means any high-
way project, public transportation capital project, or
multimodal project that, if implemented as proposed by
the project sponsor, would require approval by any oper-
ating administration or secretarial office within the Depart-
ment of Transportation.
‘‘(B) C
ONSIDERATIONS
.—In determining whether a
project is a project under subparagraph (A), the Secretary
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129 STAT. 1379 PUBLIC LAW 114–94—DEC. 4, 2015
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 Transpor-
tation.’’.
(b) A
PPLICABILITY
.—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 fol-
lowing:
‘‘(B) R
EQUIREMENTS
.—In carrying out subparagraph
(A), the Secretary shall ensure that programmatic
reviews—
‘‘(i) promote transparency, including the trans-
parency of—
‘‘(I) the analyses and data used in the environ-
mental 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 dura-
tion of the usefulness of the review; and
‘‘(II) a timeline for updating an out-of-date
review;
‘‘(iii) describe—
‘‘(I) the relationship between any pro-
grammatic 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 opportuni-
ties consistent with applicable requirements.’’.
(c) F
EDERAL
L
EAD
A
GENCY
.—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) P
ARTICIPATING
A
GENCIES
.—
(1) I
NVITATION
.—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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129 STAT. 1380 PUBLIC LAW 114–94—DEC. 4, 2015
environmental impact statement or the initiation of an environ-
mental assessment, the lead agency shall identify’’.
(2) S
INGLE NEPA DOCUMENT
.—Section 139(d) of title 23,
United States Code, is amended by adding at the end the
following:
‘‘(8) S
INGLE NEPA DOCUMENT
.—
‘‘(A) I
N GENERAL
.—Except as inconsistent with para-
graph (7), to the maximum extent practicable and con-
sistent 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) U
SE OF DOCUMENT
.—
‘‘(i) I
N GENERAL
.—To the maximum extent prac-
ticable, 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) C
OOPERATION 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) T
REATMENT 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) P
ARTICIPATING AGENCY RESPONSIBILITIES
.—An agency
participating in the environmental review process under this
section shall—
‘‘(A) provide comments, responses, studies, or meth-
odologies 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) P
ROJECT
I
NITIATION
.—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) R
EVIEW 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 expla-
nation of the reasons for that decision; or
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129 STAT. 1381 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(B) requests additional information, and provides to
the project sponsor an accounting regarding what docu-
mentation is necessary to initiate the environmental review
process.
‘‘(4) R
EQUEST TO DESIGNATE A LEAD AGENCY
.—
‘‘(A) I
N 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) S
ECRETARIAL ACTION
.—
‘‘(i) I
N 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) R
EQUIREMENTS
.—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) A
DDITIONAL 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) E
NVIRONMENTAL CHECKLIST
.—
‘‘(A) D
EVELOPMENT
.—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) P
URPOSE
.—The purposes of the checklist are—
‘‘(i) to identify agencies and organizations that can
provide information about natural, cultural, and his-
toric resources;
‘‘(ii) to develop the information needed to deter-
mine the range of alternatives; and
‘‘(iii) to improve interagency collaboration to help
expedite the permitting process for the lead agency
and participating agencies.’’.
(f) P
URPOSE AND
N
EED
.—Section 139(f) of title 23, United States
Code, is amended—
(1) in the subsection heading by inserting ‘‘; A
LTERNATIVES
A
NALYSIS
’’ after ‘‘N
EED
’’; and
(2) in paragraph (4)—
(A) by striking subparagraph (A) and inserting the
following:
‘‘(A) P
ARTICIPATION
.—
‘‘(i) I
N GENERAL
.—As early as practicable during
the environmental review process, the lead agency
shall provide an opportunity for involvement by partici-
pating agencies and the public in determining the
range of alternatives to be considered for a project.
‘‘(ii) C
OMMENTS OF PARTICIPATING AGENCIES
.—To
the maximum extent practicable and consistent with
applicable law, each participating agency receiving an
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129 STAT. 1382 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) E
FFECT OF NONPARTICIPATION
.—A partici-
pating 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 para-
graph (1)’’ and inserting the following:
‘‘(i) D
ETERMINATION
.—Following participation
under subparagraph (A)’’; and
(ii) by adding at the end the following:
‘‘(ii) U
SE
.—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 proc-
esses required for the project unless the alternatives
must be modified—
‘‘(I) to address significant new information or
circumstances, and the lead agency and partici-
pating 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) R
EDUCTION OF DUPLICATION
.—
‘‘(i) I
N GENERAL
.—In carrying out this paragraph,
the lead agency shall reduce duplication, to the max-
imum 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) C
ONSIDERATION OF ALTERNATIVES
.—The lead
agency may eliminate from detailed consideration an
alternative proposed in an environmental impact state-
ment regarding a project if, as determined by the lead
agency—
‘‘(I) the alternative was considered in a metro-
politan 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 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 metropoli-
tan planning process or State environmental
review process, including guidance on the require-
ments 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 com-
ment;
‘‘(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 partici-
pating or cooperating agencies, that the alter-
native 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 alter-
native to be eliminated from consideration is
not necessary for any permit or approval under
any other Federal law.’’.
(g) C
OORDINATION AND
S
CHEDULING
.—
(1) C
OORDINATION 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 environ-
mental impact statement or the initiation of an environ-
mental assessment, the lead agency’’; and
(B) in subparagraph (B)(i) by striking ‘‘may establish
as part of the coordination plan’’ and inserting ‘‘shall estab-
lish as part of such coordination plan’’.
(2) D
EADLINES 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) I
SSUE
I
DENTIFICATION AND
R
ESOLUTION
.—
(1) I
SSUE 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) I
SSUE RESOLUTION
.—Any issue resolved by the lead
agency with the concurrence of participating agencies may not
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129 STAT. 1384 PUBLIC LAW 114–94—DEC. 4, 2015
be reconsidered unless significant new information or cir-
cumstances arise.’’.
(2) F
AILURE 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 ‘‘para-
graph (6)’’.
(3) F
INANCIAL 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) D
ESCRIPTION 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 sub-
section (g)(1)(D).’’.
(i) A
SSISTANCE TO
A
FFECTED
S
TATE AND
F
EDERAL
A
GENCIES
.—
(1) I
N GENERAL
.—Section 139(j) of title 23, United States
Code, is amended by striking paragraph (1) and inserting the
following:
‘‘(1) I
N GENERAL
.—
‘‘(A) A
UTHORITY 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) U
SE OF FUNDS
.—Funds referred to in subpara-
graph (A) may be provided only to support activities that
directly and meaningfully contribute to expediting and
improving permitting and review processes, including plan-
ning, approval, and consultation processes for the project
or program.’’.
(2) A
CTIVITIES ELIGIBLE FOR FUNDING
.—Section 139(j)(2)
of title 23, United States Code, is amended by inserting ‘‘activi-
ties directly related to the environmental review process,’’ before
‘‘dedicated staffing,’’.
(3) A
GREEMENT
.—Section 139(j) of title 23, United States
Code, is amended by striking paragraph (6) and inserting the
following:
‘‘(6) A
GREEMENT
.—Prior to providing funds approved by
the Secretary for dedicated staffing at an affected agency under
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129 STAT. 1385 PUBLIC LAW 114–94—DEC. 4, 2015
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) A
CCELERATED
D
ECISIONMAKING
; I
MPROVING
T
RANSPARENCY
IN
E
NVIRONMENTAL
R
EVIEWS
.—
(1) I
N GENERAL
.—Section 139 of title 23, United States
Code, is amended by adding at the end the following:
‘‘(n) A
CCELERATED
D
ECISIONMAKING IN
E
NVIRONMENTAL
R
EVIEWS
.—
‘‘(1) I
N 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) S
INGLE DOCUMENT
.—To the maximum extent prac-
ticable, the lead agency shall expeditiously develop a single
document that consists of a final environmental impact state-
ment 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 informa-
tion relevant to environmental concerns that bears on the
proposed action or the impacts of the proposed action.
‘‘(o) I
MPROVING
T
RANSPARENCY IN
E
NVIRONMENTAL
R
EVIEWS
.—
‘‘(1) I
N 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 assess-
ment 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 develop-
ment of a project purpose and need and range of alter-
natives under subsection (f); and
‘‘(B) issue reporting standards to meet the require-
ments of subparagraph (A).
‘‘(2) F
EDERAL
,
STATE
,
AND LOCAL AGENCY PARTICIPATION
.—
‘‘(A) F
EDERAL AGENCIES
.—A Federal agency partici-
pating 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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129 STAT. 1386 PUBLIC LAW 114–94—DEC. 4, 2015
to in paragraph (1)(A), consistent with the standards estab-
lished under paragraph (1)(B).
‘‘(B) S
TATE 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) S
TATES 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) C
ONFORMING 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) I
MPLEMENTATION OF
P
ROGRAMMATIC
C
OMPLIANCE
.—
(1) R
ULEMAKING
.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall complete a rule-
making to implement the provisions of section 139(b)(3) of
title 23, United States Code, as amended by this section.
(2) C
ONSULTATION
.—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 appro-
priate use and scope of the programmatic approaches.
(3) R
EQUIREMENTS
.—In carrying out this subsection, the
Secretary shall ensure that the rulemaking meets the require-
ments of section 139(b)(3)(B) of title 23, United States Code,
as amended by this section.
(4) C
OMMENT 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 sub-
section.
SEC. 1305. INTEGRATION OF PLANNING AND ENVIRONMENTAL
REVIEW.
Section 168 of title 23, United States Code, is amended to
read as follows:
‘‘§ 168. Integration of planning and environmental review
‘‘(a) D
EFINITIONS
.—In this section, the following definitions
apply:
‘‘(1) E
NVIRONMENTAL REVIEW PROCESS
.—The term ‘environ-
mental review process’ has the meaning given the term in
section 139(a).
‘‘(2) L
EAD AGENCY
.—The term ‘lead agency’ has the meaning
given the term in section 139(a).
‘‘(3) P
LANNING PRODUCT
.—The term ‘planning product’
means a decision, analysis, study, or other documented informa-
tion 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.
23 USC 139 note.
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129 STAT. 1387 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(4) P
ROJECT
.—The term ‘project’ has the meaning given
the term in section 139(a).
‘‘(5) P
ROJECT SPONSOR
.—The term ‘project sponsor’ has the
meaning given the term in section 139(a).
‘‘(6) R
ELEVANT AGENCY
.—The term ‘relevant agency’ means
the agency with authority under subparagraph (A) or (B) of
subsection (b)(1).
‘‘(b) A
DOPTION OR
I
NCORPORATION BY
R
EFERENCE OF
P
LANNING
P
RODUCTS FOR
U
SE IN
NEPA P
ROCEEDINGS
.—
‘‘(1) I
N 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 assess-
ment, 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) I
DENTIFICATION
.—If the relevant agency makes a deter-
mination to adopt or incorporate by reference and use a plan-
ning product, the relevant agency shall identify the agencies
that participated in the development of the planning products.
‘‘(3) A
DOPTION OR INCORPORATION BY REFERENCE OF PLAN
-
NING PRODUCTS
.—The relevant agency may—
‘‘(A) adopt or incorporate by reference an entire plan-
ning product under paragraph (1); or
‘‘(B) select portions of a planning project under para-
graph (1) for adoption or incorporation by reference.
‘‘(4) T
IMING
.—A determination under paragraph (1) with
respect to the adoption or incorporation by reference of a plan-
ning 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) A
PPLICABILITY
.—
‘‘(1) P
LANNING DECISIONS
.—The relevant agency in the
environmental review process may adopt or incorporate by ref-
erence decisions from a planning product, including—
‘‘(A) whether tolling, private financial assistance, or
other special financial measures are necessary to imple-
ment 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 elimi-
nation of unreasonable alternatives;
‘‘(E) a basic description of the environmental setting;
‘‘(F) a decision with respect to methodologies for anal-
ysis; 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) P
LANNING ANALYSES
.—The relevant agency in the
environmental review process may adopt or incorporate by ref-
erence analyses from a planning product, including—
‘‘(A) travel demands;
‘‘(B) regional development and growth;
‘‘(C) local land use, growth management, and develop-
ment;
‘‘(D) population and employment;
‘‘(E) natural and built environmental conditions;
‘‘(F) environmental resources and environmentally sen-
sitive 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) C
ONDITIONS
.—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 plan-
ning 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 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 cir-
cumstance 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 environ-
mental review process.
‘‘(9) The planning product is appropriate for adoption or
incorporation by reference and use in the environmental review
process for the project and is incorporated in accordance with,
and is sufficient to meet the requirements of, the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and section 1502.21 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of the FAST Act).
‘‘(10) The planning product was approved within the 5-
year period ending on the date on which the information is
adopted or incorporated by reference.
‘‘(e) E
FFECT OF
A
DOPTION OR
I
NCORPORATION BY
R
EFERENCE
.—
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 car-
rying out reviews of the project.
‘‘(f) R
ULES OF
C
ONSTRUCTION
.—
‘‘(1) I
N GENERAL
.—This section does not make the environ-
mental review process applicable to the transportation planning
process conducted under this title and chapter 53 of title 49.
‘‘(2) T
RANSPORTATION 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) P
LANNING PRODUCTS
.—This section does not affect the
use of planning products in the environmental review process
pursuant to other authorities under any other provision of
law or restrict the initiation of the environmental review
process during planning.’’.
SEC. 1306. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.
Section 169(f) of title 23, United States Code, is amended—
(1) by striking ‘‘may use’’ and inserting ‘‘shall give substan-
tial weight to’’; and
(2) by inserting ‘‘or other Federal environmental law’’ before
the period at the end.
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129 STAT. 1390 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) A
SSISTANCE 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) T
ERMINATION 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 non-
compliance;
‘‘(ii) a period of not less than 120 days to take
such corrective action as the Secretary determines to
be necessary to comply with the applicable agreement;
and
‘‘(iii) on request of the Governor of the State, a
detailed description of each responsibility in need of
corrective action regarding an inadequacy identified
under subparagraph (A); and
‘‘(C) the State, after the notification and period
described in clauses (i) and (ii) of subparagraph (B), fails
to take satisfactory corrective action, as determined by
the Secretary.’’.
SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
Section 327 of title 23, United States Code, is amended—
(1) in subsection (a)(2)(B)(iii) by striking ‘‘(42 U.S.C. 13
4321 et seq.)’’ and inserting ‘‘(42 U.S.C. 4321 et seq.)’’;
(2) in subsection (c)(4) by inserting ‘‘reasonably’’ before
‘‘considers necessary’’;
(3) in subsection (e) by inserting ‘‘and without further
approval of’’ after ‘‘in lieu of’’;
(4) in subsection (g)—
(A) by striking paragraph (1) and inserting the fol-
lowing:
‘‘(1) I
N 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 respon-
sibility 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 PUBLIC LAW 114–94—DEC. 4, 2015
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) A
UDIT TEAM
.—
‘‘(A) I
N GENERAL
.—An audit conducted under para-
graph (1) shall be carried out by an audit team determined
by the Secretary, in consultation with the State, in accord-
ance with subparagraph (B).
‘‘(B) C
ONSULTATION
.—Consultation with the State
under subparagraph (A) shall include a reasonable oppor-
tunity 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) T
ERMINATION 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 non-
compliance;
‘‘(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 pro-
vided under subparagraph (B), fails to take satisfactory
corrective action, as determined by the Secretary.’’; and
(6) by adding at the end the following:
‘‘(k) C
APACITY
B
UILDING
.—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) R
ELATIONSHIP TO
L
OCALLY
A
DMINISTERED
P
ROJECTS
.—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 govern-
ment for a locally administered project; or
‘‘(2) provide guidance and training on consolidating and
minimizing the documentation and environmental analyses nec-
essary 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.’’.
SEC. 1309. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRON-
MENTAL REVIEWS.
(a) P
URPOSE
.—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) I
N
G
ENERAL
.—Chapter 3 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 330. Program for eliminating duplication of environmental
reviews
‘‘(a) E
STABLISHMENT
.—
‘‘(1) I
N 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 partici-
pate in the program under this section to conduct environ-
mental 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) P
ARTICIPATING STATES
.—The Secretary may select not
more than 5 States to participate in the program.
‘‘(3) A
LTERNATIVE 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, con-
siders 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, con-
siders appropriate; and
‘‘(iii) related regulations and Executive orders.
‘‘(b) A
PPLICATION
.—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 alter-
native environmental review and approval procedures of the
State, including—
23 USC 330 note.
23 USC 330 note.
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129 STAT. 1393 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 environ-
mental 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) R
EVIEW OF
A
PPLICATION
.—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 dis-
approval, together with a statement of the reasons for the
approval or disapproval.
‘‘(d) A
PPROVAL OF
A
PPLICATION
.—
‘‘(1) I
N GENERAL
.—The Secretary shall approve an applica-
tion submitted under subsection (b) only if—
‘‘(A) the Secretary, with the concurrence of the Chair
and after considering any public comments received pursu-
ant to subsection (c), determines that the laws and regula-
tions of the State described in the application are at least
as stringent as the Federal requirements described in sub-
section (a)(3);
‘‘(B) the Secretary, after considering any public com-
ments received pursuant to subsection (c), determines that
the State has the capacity, including financial and per-
sonnel, 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, dis-
charge, and enforcement of any responsibility
under this section;
‘‘(III) certifies that State laws (including regu-
lations) are in effect that—
‘‘(aa) authorize the State to take the
actions necessary to carry out the responsibil-
ities 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 responsibil-
ities 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 car-
rying out the responsibilities assigned to the State;
‘‘(v) has a term of not more than 5 years; and
‘‘(vi) is renewable.
‘‘(2) E
XCLUSION
.—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 sub-
mitted under this section.
‘‘(e) J
UDICIAL
R
EVIEW
.—
‘‘(1) I
N 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) L
IMITATION ON REVIEW
.—
‘‘(A) I
N GENERAL
.—Notwithstanding any other provi-
sion 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) D
EADLINES
.—
‘‘(i) N
OTIFICATION
.—The State shall notify the Sec-
retary of the final action of the State not later than
10 days after the final action is taken.
‘‘(ii) P
UBLICATION
.—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) S
AVINGS PROVISION
.—Nothing in this subsection
creates a right to judicial review or places any limit on
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129 STAT. 1395 PUBLIC LAW 114–94—DEC. 4, 2015
filing a claim that a person has violated the terms of
a permit, license, or approval.
‘‘(3) N
EW INFORMATION
.—
‘‘(A) I
N GENERAL
.—A State shall consider new informa-
tion 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 regula-
tions).
‘‘(B) T
REATMENT OF FINAL AGENCY ACTION
.—
‘‘(i) I
N GENERAL
.—The final agency action that fol-
lows 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 Reg-
ister by the Secretary of a notice announcing such
action.
‘‘(ii) D
EADLINES
.—
‘‘(I) N
OTIFICATION
.—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) P
UBLICATION
.—The Secretary shall pub-
lish the notice of final action in the Federal Reg-
ister not later than 30 days after the date of receipt
of the notice under subclause (I).
‘‘(f) E
LECTION
.—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) A
DOPTION OR
I
NCORPORATION BY
R
EFERENCE OF
D
OCU
-
MENTS
.—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 docu-
ments 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) R
ELATIONSHIP TO
L
OCALLY
A
DMINISTERED
P
ROJECTS
.—
‘‘(1) I
N 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 govern-
ments for locally administered projects.
‘‘(2) S
COPE
.—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) R
EVIEW AND
T
ERMINATION
.—
‘‘(1) I
N GENERAL
.—A State program approved under this
section shall at all times be in accordance with the requirements
of this section.
‘‘(2) R
EVIEW
.—The Secretary shall review each State pro-
gram approved under this section not less than once every
5 years.
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129 STAT. 1396 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(3) P
UBLIC NOTICE AND COMMENT
.—In conducting the
review process under paragraph (2), the Secretary shall provide
notice and an opportunity for public comment.
‘‘(4) W
ITHDRAWAL OF APPROVAL
.—If the Secretary, in con-
sultation 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) E
XTENSIONS 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) R
EPORT TO
C
ONGRESS
.—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 environ-
mental review and approval procedures;
‘‘(3) a description and assessment of whether implementa-
tion of the program has resulted in more efficient review of
projects; and
‘‘(4) any recommendations for modifications to the program.
‘‘(k) S
UNSET
.—The program shall terminate 12 years after the
date of enactment of this section.
‘‘(l) D
EFINITIONS
.—In this section, the following definitions
apply:
‘‘(1) C
HAIR
.—The term ‘Chair’ means the Chair of the
Council on Environmental Quality.
‘‘(2) M
ULTIMODAL PROJECT
.—The term ‘multimodal project’
has the meaning given that term in section 139(a).
‘‘(3) P
ROGRAM
.—The term ‘program’ means the pilot pro-
gram established under this section.
‘‘(4) P
ROJECT
.—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) R
ULEMAKING
.—
(1) I
N 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 sec-
tion 330 of title 23, United States Code, as added by this
section.
(2) D
ETERMINATION OF STRINGENCY
.—As part of the rule-
making 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
23 USC 330 note.
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129 STAT. 1397 PUBLIC LAW 114–94—DEC. 4, 2015
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 nec-
essary 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) C
LERICAL
A
MENDMENT
.—The analysis for chapter 3 of title
23, United States Code, is amended by adding at the end the
following:
‘‘330. Program for eliminating duplication of environmental reviews.’’.
SEC. 1310. APPLICATION OF CATEGORICAL EXCLUSIONS FOR
MULTIMODAL PROJECTS.
Section 304 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘operating authority that’’ and
inserting ‘‘operating administration or secretarial office
that has expertise but’’; and
(ii) by inserting ‘‘proposed multimodal’’ after ‘‘with
respect to a’’; and
(B) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) L
EAD 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) A
PPLICATION OF
C
ATEGORICAL
E
XCLUSIONS FOR
M
ULTIMODAL
P
ROJECTS
.—In considering the environmental impacts
of a proposed multimodal project, a lead authority may apply cat-
egorical exclusions designated under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) in implementing regula-
tions 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 cat-
egorical 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—
23 USC
prec. 301.
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129 STAT. 1398 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(A) the proposed multimodal project does not individ-
ually or cumulatively have a significant impact on the
environment; and
‘‘(B) extraordinary circumstances do not exist that
merit additional analysis and documentation in an environ-
mental impact statement or environmental assessment
required under that Act.’’; and
(4) by striking subsection (d) and inserting the following:
‘‘(d) C
OOPERATING
A
UTHORITY
E
XPERTISE
.—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) I
N
G
ENERAL
.—Title 49, United States Code, is amended
by inserting after section 304 the following:
‘‘§ 304a. Accelerated decisionmaking in environmental
reviews
‘‘(a) I
N
G
ENERAL
.—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) S
INGLE
D
OCUMENT
.—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) A
DOPTION AND
I
NCORPORATION BY
R
EFERENCE OF
D
OCU
-
MENTS
.—
‘‘(1) A
VOIDING 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) A
DOPTION OF DOCUMENTS OF OTHER OPERATING
ADMINISTRATIONS
.—An operating administration or a secre-
tarial 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
49 USC 304a.
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129 STAT. 1399 PUBLIC LAW 114–94—DEC. 4, 2015
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) I
NCORPORATION BY REFERENCE
.—An operating adminis-
tration or secretarial office within the Department of Transpor-
tation 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 environ-
mental assessment or final environmental impact statement
for a project if—
‘‘(A) the incorporated material is cited in the environ-
mental assessment or final environmental impact state-
ment 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 propri-
etary data that is not available for review and comment.’’.
(b) C
ONFORMING
A
MENDMENT
.—The analysis for chapter 3 of
title 49, United States Code, is amended by inserting after the
item relating to section 304 the following:
‘‘304a. Accelerated decisionmaking in environmental reviews.’’.
SEC. 1312. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT
IN ENVIRONMENTAL REVIEWS.
(a) I
N
G
ENERAL
.—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) I
N
G
ENERAL
.—
‘‘(1) R
EQUESTS TO PROVIDE FUNDS
.—A public entity
receiving financial assistance from the Department of Transpor-
tation 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) U
SE 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) A
CTIVITIES
E
LIGIBLE FOR
F
UNDING
.—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
49 USC 307 note.
49 USC
prec. 301.
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129 STAT. 1400 PUBLIC LAW 114–94—DEC. 4, 2015
review process, dedicated staffing, training of agency personnel,
information gathering and mapping, and development of pro-
grammatic agreements.
‘‘(c) A
MOUNTS
.—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) A
GREEMENTS
.—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) G
UIDANCE
.—
‘‘(1) I
N GENERAL
.—Not later than 180 days after the date
of enactment of this section, the Secretary shall issue guidance
to implement this section.
‘‘(2) F
ACTORS
.—As part of the guidance issued under para-
graph (1), the Secretary shall ensure—
‘‘(A) to the maximum extent practicable, that expe-
diting 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) E
XISTING
A
UTHORITY
.—Nothing in this section may be con-
strued to conflict with section 139(j) of title 23.’’.
(b) C
ONFORMING
A
MENDMENT
.—The analysis for chapter 3 of
title 49, United States Code, is amended by inserting after the
item relating to section 306 the following:
‘‘307. Improving State and Federal agency engagement in environmental reviews.’’.
SEC. 1313. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.
(a) I
N
G
ENERAL
.—Title 49, United States Code, is amended
by inserting after section 309 the following:
‘‘§ 310. Aligning Federal environmental reviews
‘‘(a) C
OORDINATED AND
C
ONCURRENT
E
NVIRONMENTAL
R
EVIEWS
.—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’).
49 USC 310.
49 USC
prec. 301.
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129 STAT. 1401 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(b) C
ONTENTS
.—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 Transpor-
tation’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 environ-
mental reviews and permitting decisions required for the pro-
posed 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) E
NVIRONMENTAL
C
HECKLIST
.—
‘‘(1) I
N 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) P
URPOSE
.—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) I
NTERAGENCY
C
OLLABORATION
.—
‘‘(1) I
N GENERAL
.—Consistent with Federal environmental
statutes, the Secretary of Transportation shall facilitate annual
interagency collaboration sessions at the appropriate jurisdic-
tional level to coordinate business plans and facilitate coordina-
tion of workload planning and workforce management.
‘‘(2) P
URPOSE OF COLLABORATION SESSIONS
.—The inter-
agency collaboration sessions shall ensure that agency staff
is—
‘‘(A) fully engaged;
‘‘(B) utilizing the flexibility of existing regulations, poli-
cies, 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 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(3) F
OCUS OF COLLABORATION SESSIONS
.—The interagency
collaboration sessions, and the interagency collaborations gen-
erated 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) C
ONSULTATION
.—The interagency collaboration ses-
sions shall include a consultation with groups or individuals
representing State, tribal, and local governments that are
engaged in the infrastructure permitting process.
‘‘(e) P
ERFORMANCE
M
EASUREMENT
.—Not later than 1 year after
the date of enactment of this section, the Secretary of Transpor-
tation, in coordination with relevant Federal agencies, shall estab-
lish 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) R
EPORTS
.—
‘‘(1) R
EPORT 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) I
NSPECTOR GENERAL REPORT
.—Not later than 3 years
after the date of enactment of this section, the Inspector Gen-
eral of the Department of Transportation shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastruc-
ture 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) S
AVINGS
P
ROVISION
.—This section shall not apply to any
project subject to section 139 of title 23.’’.
(b) C
ONFORMING
A
MENDMENT
.—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.’’.
SEC. 1314. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FED-
ERAL ASSISTANCE.
(a) A
DJUSTMENT FOR
I
NFLATION
.—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
49 USC
prec. 301.
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129 STAT. 1403 PUBLIC LAW 114–94—DEC. 4, 2015
Price Index prepared by the Department of Labor)’’ after
‘‘$30,000,000’’.
(b) R
ETROACTIVE
A
PPLICATION
.—The first adjustment made
pursuant to the amendments made by subsection (a) shall—
(1) be carried out not later than 60 days after the date
of enactment of this Act; and
(2) reflect the increase in the Consumer Price Index since
July 1, 2012.
SEC. 1315. PROGRAMMATIC AGREEMENT TEMPLATE.
(a) I
N
G
ENERAL
.—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) P
ROGRAMMATIC
A
GREEMENT
T
EMPLATE
.—
‘‘(1) I
N GENERAL
.—The Secretary shall develop a template
programmatic agreement described in subsection (d) that pro-
vides for efficient and adequate procedures for evaluating Fed-
eral 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) U
SE 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) O
UTCOME MEASUREMENTS
.—The Secretary shall estab-
lish 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 sub-
section.’’.
(b) C
ATEGORICAL
E
XCLUSION
D
ETERMINATIONS
.—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 Regula-
tions, to allow a programmatic agreement under this section to
include responsibility for making categorical exclusion determina-
tions—
(1) for actions described in subsections (c) and (d) of section
771.117 of title 23, Code of Federal Regulations; and
(2) that meet the criteria for a categorical exclusion under
section 1508.4 of title 40, Code of Federal Regulations (as
in effect on the date of enactment of this Act), and are identified
in the programmatic agreement.
SEC. 1316. ASSUMPTION OF AUTHORITIES.
(a) I
N
G
ENERAL
.—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) S
UBMISSION OF
R
ECOMMENDATIONS
.—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 Representa-
tives and the Committee on Environment and Public Works of
23 USC 106 note.
23 USC 109 note.
23 USC 109 note.
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129 STAT. 1404 PUBLIC LAW 114–94—DEC. 4, 2015
the Senate recommendations for legislation to permit the assump-
tion of additional authorities by States, including with respect to
real estate acquisition and project design.
SEC. 1317. MODERNIZATION OF THE ENVIRONMENTAL REVIEW
PROCESS.
(a) I
N
G
ENERAL
.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall examine ways to mod-
ernize, simplify, and improve the implementation of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the
Department.
(b) I
NCLUSIONS
.—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) R
EPORT
.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate
a report describing the results of the review carried out under
subsection (a).
SEC. 1318. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT
DELIVERY.
(a) I
N
G
ENERAL
.—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) C
ONTENTS
.—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 PUBLIC LAW 114–94—DEC. 4, 2015
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) R
ECOMMENDATIONS
.—The assessment required under sub-
section (a) shall include recommendations with respect to—
(1) additional opportunities for streamlining the environ-
mental review process, including regulatory or statutory
changes to accelerate the processes of Federal agencies (other
than the Department) with responsibility for reviewing Federal-
aid highway and highway safety construction projects and
public transportation capital projects without negatively
impacting the environment; and
(2) best practices of other Federal agencies that should
be considered for adoption by the Department.
(d) R
EPORT TO
C
ONGRESS
.—The Comptroller General of the
United States shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Com-
mittee 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) P
ROHIBITION
.—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 pur-
chase, operate, or maintain an automated traffic enforcement
system.
(b) E
XCEPTION
.—Subsection (a) does not apply to an automated
traffic enforcement system located in a school zone.
(c) A
UTOMATED
T
RAFFIC
E
NFORCEMENT
S
YSTEM
D
EFINED
.—In
this section, the term ‘‘automated traffic enforcement system’’ means
any camera that captures an image of a vehicle for the purposes
of traffic law enforcement.
SEC. 1402. HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNT-
ABILITY.
(a) I
N
G
ENERAL
.—Section 104 of title 23, United States Code,
is amended by striking subsection (g) and inserting the following:
‘‘(g) H
IGHWAY
T
RUST
F
UND
T
RANSPARENCY AND
A
CCOUNT
-
ABILITY
R
EPORTS
.—
‘‘(1) C
OMPILATION 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) R
EQUIREMENTS
.—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) C
ONTENTS OF REPORTS
.—
‘‘(A) A
PPORTIONED 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 unobli-
gated 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 pro-
grams under section 126.
‘‘(B) P
ROJECT 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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129 STAT. 1407 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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) C
ONFORMING
A
MENDMENT
.—Section 1503 of MAP–21 (23
U.S.C. 104 note; Public Law 112–141) is amended by striking sub-
section (c).
SEC. 1403. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
(a) I
N
G
ENERAL
.—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) I
N
G
ENERAL
.—If monies are deposited into the Highway
Account or Mass Transit Account pursuant to a law enacted subse-
quent 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) A
MOUNT OF
A
DJUSTMENT
.—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 appro-
priated 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) D
ISTRIBUTION OF
A
DJUSTMENT
A
MONG
P
ROGRAMS
.—
‘‘(1) I
N 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
23 USC 105.
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129 STAT. 1408 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(C) adjust the amount that the Secretary would other-
wise have allocated for the program for such fiscal year
by the amount calculated under subparagraph (B).
‘‘(2) F
ORMULA PROGRAMS
.—For a program for which funds
are distributed by formula, the Secretary shall add the adjust-
ment 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) A
VAILABILITY 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) E
XCLUSION OF
E
MERGENCY
R
ELIEF
P
ROGRAM AND
C
OVERED
A
DMINISTRATIVE
E
XPENSES
.—The Secretary shall exclude the emer-
gency relief program under section 125 and covered administrative
expenses from an adjustment of funding under subsection (c)(1).
‘‘(e) A
UTHORIZATION OF
A
PPROPRIATIONS
.—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) R
EVISION TO
O
BLIGATION
L
IMITATIONS
.—
‘‘(1) I
N 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 accord-
ance with such sections.
‘‘(2) E
XCLUSION 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 obliga-
tions under paragraph (1)(B).
‘‘(g) D
EFINITIONS
.—In this section, the following definitions
apply:
‘‘(1) C
OVERED ADMINISTRATIVE EXPENSES
.—The term ‘cov-
ered administrative expenses’ means the administrative
expenses of—
‘‘(A) the Federal Highway Administration, as author-
ized under section 104(a);
‘‘(B) the National Highway Traffic Safety Administra-
tion, 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) H
IGHWAY ACCOUNT
.—The term ‘Highway Account’
means the portion of the Highway Trust Fund that is not
the Mass Transit Account.
‘‘(3) M
ASS TRANSIT ACCOUNT
.—The term ‘Mass Transit
Account’ means the Mass Transit Account of the Highway
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129 STAT. 1409 PUBLIC LAW 114–94—DEC. 4, 2015
Trust Fund established under section 9503(e)(1) of the Internal
Revenue Code of 1986.’’.
(b) C
LERICAL
A
MENDMENT
.—The analysis for such chapter is
amended by inserting after the item relating to section 104 the
following:
‘‘105. Additional deposits into Highway Trust Fund.’’.
SEC. 1404. DESIGN STANDARDS.
(a) I
N
G
ENERAL
.—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 subpara-
graph (D); and
(iv) by inserting after subparagraph (B) the fol-
lowing:
‘‘(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 subpara-
graph (F); and
(iii) by inserting after subparagraph (C) the fol-
lowing:
‘‘(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) D
ESIGN
S
TANDARD
F
LEXIBILITY
.—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 Administra-
tion; and
(B) is adopted by the local jurisdiction; and
(3) the design complies with all other applicable Federal
laws.
23 USC 109 note.
23 USC
prec. 101.
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129 STAT. 1410 PUBLIC LAW 114–94—DEC. 4, 2015
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 inter-
changes inside a transportation management area)’’ after ‘‘the Inter-
state System’’.
SEC. 1406. PERFORMANCE PERIOD ADJUSTMENT.
(a) N
ATIONAL
H
IGHWAY
P
ERFORMANCE
P
ROGRAM
.—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 perform-
ance 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) H
IGHWAY
S
AFETY
I
MPROVEMENT
P
ROGRAM
.—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 establish-
ment of the performance targets’’ and inserting ‘‘safety perform-
ance 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) N
ATIONAL
H
IGHWAY
P
ERFORMANCE
P
ROGRAM
.—Section
119(d)(2)(L) of title 23, United States Code, is amended by inserting
‘‘, including the installation of vehicle-to-infrastructure communica-
tion equipment’’ after ‘‘capital improvements’’.
(b) S
URFACE
T
RANSPORTATION
B
LOCK
G
RANT
P
ROGRAM
.—Sec-
tion 133(b)(1)(D) of title 23, United States Code, is amended by
inserting ‘‘, including the installation of vehicle-to-infrastructure
communication equipment’’ after ‘‘capital improvements’’.
SEC. 1408. FEDERAL SHARE PAYABLE.
(a) I
NNOVATIVE
P
ROJECT
D
ELIVERY
M
ETHODS
.—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 con-
tracting’’;
(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 manu-
factured with reduced greenhouse gas emissions, and
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129 STAT. 1411 PUBLIC LAW 114–94—DEC. 4, 2015
reduce construction-related congestion by rapidly
curing; or’’; and
(b) E
MERGENCY
R
ELIEF
.—Section 120(e)(2) of title 23, United
States Code, is amended by striking ‘‘Federal land access transpor-
tation 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) M
ILK PRODUCTS
.—A vehicle carrying fluid milk prod-
ucts shall be considered a load that cannot be easily dismantled
or divided.’’.
SEC. 1410. INTERSTATE WEIGHT LIMITS.
Section 127 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(m) C
OVERED
H
EAVY
-
DUTY
T
OW AND
R
ECOVERY
V
EHICLES
.—
‘‘(1) I
N GENERAL
.—The vehicle weight limitations set forth
in this section do not apply to a covered heavy-duty tow and
recovery vehicle.
‘‘(2) C
OVERED 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 appro-
priate 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) O
PERATION OF
V
EHICLES ON
C
ERTAIN
H
IGHWAYS IN THE
S
TATE OF
T
EXAS
.—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) C
ERTAIN
L
OGGING
V
EHICLES IN THE
S
TATE OF
W
ISCONSIN
.—
‘‘(1) I
N GENERAL
.—The Secretary shall waive, with respect
to a covered logging vehicle, the application of any vehicle
weight limit established under this section.
‘‘(2) C
OVERED LOGGING VEHICLE DEFINED
.—In this sub-
section, 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) O
PERATION OF
C
ERTAIN
S
PECIALIZED
V
EHICLES ON
C
ERTAIN
H
IGHWAYS IN THE
S
TATE OF
A
RKANSAS
.—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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129 STAT. 1412 PUBLIC LAW 114–94—DEC. 4, 2015
and bridge formula limits under subsection (a) and the width limita-
tion 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) C
ERTAIN
L
OGGING
V
EHICLES IN THE
S
TATE OF
M
IN
-
NESOTA
.—
‘‘(1) I
N GENERAL
.—The Secretary shall waive, with respect
to a covered logging vehicle, the application of any vehicle
weight limit established under this section.
‘‘(2) C
OVERED LOGGING VEHICLE DEFINED
.—In this sub-
section, 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) E
MERGENCY
V
EHICLES
.—
‘‘(1) I
N 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) E
MERGENCY 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) N
ATURAL
G
AS
V
EHICLES
.—A vehicle, if operated by an
engine fueled primarily by natural gas, may exceed any vehicle
weight limit (up to a maximum gross vehicle weight of 82,000
pounds) under this section by an amount that is equal to the
difference between—
‘‘(1) the weight of the vehicle attributable to the natural
gas tank and fueling system carried by that vehicle; and
‘‘(2) the weight of a comparable diesel tank and fueling
system.’’.
SEC. 1411. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION
AND REHABILITATION.
(a) T
OLLING
.—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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129 STAT. 1413 PUBLIC LAW 114–94—DEC. 4, 2015
(3) in subparagraph (B) of paragraph (4) (as so redesig-
nated) by striking ‘‘Federal-aid system’’ and inserting ‘‘Federal-
aid highways’’;
(4) by inserting after paragraph (8) (as so redesignated)—
‘‘(9) E
QUAL ACCESS FOR OVER
-
THE
-
ROAD BUSES
.—An over-
the-road bus that serves the public shall be provided access
to a toll facility under the same rates, terms, and conditions
as public transportation buses.’’; and
(5) in paragraph (10)—
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the following:
‘‘(C) O
VER
-
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 F
ACILITIES
.—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 transpor-
tation buses.’’; and
(D) in paragraph (5)—
(i) by striking subparagraph (A) and inserting the
following:
‘‘(A) S
PECIAL 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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129 STAT. 1414 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 fol-
lowing:
‘‘(1) I
N 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 para-
graph (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 fol-
lowing:
‘‘(D) M
AINTENANCE OF OPERATING PERFORMANCE
.—
‘‘(i) S
UBMISSION 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) N
OTICE 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 implementa-
tion of the plan will make significant progress toward
bringing the HOV facility into compliance with the
minimum average operating speed performance
standard.
‘‘(iii) A
NNUAL 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) C
OMPLIANCE
.—If the public authority fails to bring
a facility into compliance under subparagraph (D), the Sec-
retary shall subject the public authority to appropriate
program sanctions under section 1.36 of title 23, Code
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129 STAT. 1415 PUBLIC LAW 114–94—DEC. 4, 2015
of Federal Regulations (or successor regulations), until the
performance is no longer degraded.
‘‘(F) W
AIVER
.—
‘‘(i) I
N 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 condi-
tions under subparagraph (D); and
‘‘(III) the public authority has made a good
faith effort to improve the performance of the
facility.
‘‘(ii) C
ONDITION
.—The Secretary may require, as
a condition of providing a waiver under this subpara-
graph, that a public authority take additional actions,
as determined by the Secretary, to maximize the oper-
ating 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 subpara-
graph (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) O
VER
-
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) P
UBLIC 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) C
ONSULTATION 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) I
NTERSTATE
S
YSTEM
R
ECONSTRUCTION AND
R
EHABILITATION
P
ILOT
P
ROGRAM
.—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 para-
graphs (8) through (10), respectively; and
23 USC 129 note.
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129 STAT. 1416 PUBLIC LAW 114–94—DEC. 4, 2015
(3) by inserting after paragraph (5) the following:
‘‘(6) R
EQUIREMENTS FOR PROJECT COMPLETION
.—
‘‘(A) G
ENERAL 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 Sec-
retary that fully satisfies the eligibility criteria under
paragraph (3) and the selection criteria under para-
graph (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) E
XCEPTIONS 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 environ-
mental 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) C
ONDITIONS 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 subpara-
graph (A) or receive an extension from the Secretary under
subparagraph (B), or the application will expire.
‘‘(7) D
EFINITION
.—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) A
PPROVAL OF
A
PPLICATIONS
.—The Secretary may approve
an application submitted under section 1604(c) of SAFETEA–LU
(Public Law 109–59; 119 Stat. 1253) if the application, or any
part of the application, was submitted before the deadline specified
in section 1604(c)(8) of that Act.
SEC. 1412. PROJECTS FOR PUBLIC SAFETY RELATING TO IDLING
TRAINS.
Section 130(a) of title 23, United States Code, is amended
by striking ‘‘and the relocation of highways to eliminate grade
crossings’’ and inserting ‘‘the relocation of highways to eliminate
grade crossings, and projects at grade crossings to eliminate hazards
posed by blocked grade crossings due to idling trains’’.
23 USC 129 note.
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129 STAT. 1417 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 1413. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN,
PROPANE, AND NATURAL GAS FUELING CORRIDORS.
(a) I
N
G
ENERAL
.—Chapter 1 of title 23, United States Code,
is amended by inserting after section 150 the following:
‘‘§ 151. National electric vehicle charging and hydrogen, pro-
pane, and natural gas fueling corridors
‘‘(a) I
N
G
ENERAL
.—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 nat-
ural gas fueling technologies across the United States.
‘‘(b) D
ESIGNATION OF
C
ORRIDORS
.—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 des-
ignated by a State or group of States; and
‘‘(3) consider the demand for, and location of, existing elec-
tric vehicle charging stations, hydrogen fueling stations, pro-
pane fueling stations, and natural gas fueling infrastructure.
‘‘(c) S
TAKEHOLDERS
.—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) R
EDESIGNATION
.—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) R
EPORT
.—During designation and redesignation of the cor-
ridors 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
23 USC 151.
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129 STAT. 1418 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 nat-
ural gas fueling infrastructure in those corridors by the end
of fiscal year 2020.’’.
(b) C
ONFORMING
A
MENDMENT
.—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.’’.
(c) O
PERATION OF
B
ATTERY
R
ECHARGING
S
TATIONS IN
P
ARKING
A
REAS
U
SED BY
F
EDERAL
E
MPLOYEES
.—
(1) A
UTHORIZATION
.—
(A) I
N GENERAL
.—The Administrator of General Serv-
ices 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 Serv-
ices 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) A
REAS 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 reimburs-
able 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) U
SE 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) I
MPOSITION OF FEES TO COVER COSTS
.—
(A) F
EES
.—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) D
EPOSIT AND AVAILABILITY OF FEES
.—Any fees col-
lected by the Administrator of General Services or the
42 USC 6364.
23 USC
prec. 101.
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129 STAT. 1419 PUBLIC LAW 114–94—DEC. 4, 2015
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 re-
charging station is located; and
(ii) available for obligation without further appro-
priation during—
(I) the fiscal year collected; and
(II) the fiscal year following the fiscal year
collected.
(3) N
O 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 individ-
uals 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) N
O EFFECT ON SIMILAR AUTHORITIES
.—Nothing in this
subsection—
(A) repeals or limits any existing authorities of a Fed-
eral agency to install, construct, operate, or maintain bat-
tery recharging stations; or
(B) requires a Federal agency to seek reimbursement
for the costs of installing or constructing a battery re-
charging 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) A
NNUAL 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) F
EDERAL 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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129 STAT. 1420 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) E
FFECTIVE DATE
.—This subsection shall apply with
respect to fiscal year 2016 and each succeeding fiscal year.
SEC. 1414. REPEAT OFFENDER CRITERIA.
Section 164(a) of title 23, United States Code, is amended—
(1) by redesignating paragraphs (1) through (4) as para-
graphs (2) through (5), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
‘‘(1)
24
-
7 SOBRIETY PROGRAM
.—The term ‘24-7 sobriety pro-
gram’ 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 gen-
eral practice is that such an individual will be incarcer-
ated)’’; 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) S
PECIAL 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 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 1415. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLI-
NATOR HABITAT AND FORAGE ON TRANSPORTATION
RIGHTS-OF-WAY.
(a) I
N
G
ENERAL
.—Section 319 of title 23, United States Code,
is amended—
(1) in subsection (a) by inserting ‘‘(including the enhance-
ment of habitat and forage for pollinators)’’ before ‘‘adjacent’’;
and
(2) by adding at the end the following:
‘‘(c) E
NCOURAGEMENT OF
P
OLLINATOR
H
ABITAT AND
F
ORAGE
D
EVELOPMENT AND
P
ROTECTION ON
T
RANSPORTATION
R
IGHTS
-
OF
-
WAY
.—In carrying out any program administered by the Secretary
under this title, the Secretary shall, in conjunction with willing
States, as appropriate—
‘‘(1) encourage integrated vegetation management practices
on roadsides and other transportation rights-of-way, including
reduced mowing; and
‘‘(2) encourage the development of habitat and forage for
Monarch butterflies, other native pollinators, and honey bees
through plantings of native forbs and grasses, including
noninvasive, native milkweed species that can serve as migra-
tory way stations for butterflies and facilitate migrations of
other pollinators.’’.
(b) P
ROVISION OF
H
ABITAT
, F
ORAGE
,
AND
M
IGRATORY
W
AY
S
TA
-
TIONS FOR
M
ONARCH
B
UTTERFLIES
, O
THER
N
ATIVE
P
OLLINATORS
,
AND
H
ONEY
B
EES
.—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 polli-
nators, and honey bees,’’ before ‘‘and aesthetic enhancement’’.
SEC. 1416. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY
SYSTEM.
(a) I
DENTIFICATION OF
H
IGH
P
RIORITY
C
ORRIDORS ON
N
ATIONAL
H
IGHWAY
S
YSTEM
.—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 Caro-
lina, 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 High-
way 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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129 STAT. 1422 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 con-
necting 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) I
NCLUSION OF
C
ERTAIN
R
OUTE
S
EGMENTS ON
I
NTERSTATE
S
YSTEM
.—Section 1105(e)(5)(A) of the Intermodal Surface Transpor-
tation 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 ‘‘sub-
section (c)(57), subsection (c)(68)(B), subsection (c)(81), sub-
section (c)(82), and subsection (c)(83)’’.
(c) D
ESIGNATION
.—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) F
UTURE
I
NTERSTATE
D
ESIGNATION
.—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 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 1417. WORK ZONE AND GUARD RAIL SAFETY TRAINING.
(a) I
N
G
ENERAL
.—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 inspec-
tion.’’.
(b) C
LERICAL
A
MENDMENT
.—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) F
UNDAMENTAL
P
ROPERTIES OF
A
SPHALTS
R
EPORT
.—Section
6016(e) of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 2183) is repealed.
(b) E
XPRESS
L
ANES
D
EMONSTRATION
P
ROGRAM
R
EPORTS
.—Sec-
tion 1604(b)(7)(B) of SAFETEA–LU (23 U.S.C. 129 note) is repealed.
SEC. 1420. FLEXIBILITY FOR PROJECTS.
(a) A
UTHORITY
.—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 para-
graph (1).
(b) M
AINTAINING
P
ROTECTIONS
.—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 sub-
section.
23 USC 101 note.
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129 STAT. 1424 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 1421. PRODUCTIVE AND TIMELY EXPENDITURE OF FUNDS.
(a) I
N
G
ENERAL
.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall develop guidance that encour-
ages the use of programmatic approaches to project delivery, expe-
dited 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) I
MPLEMENTATION
.—The Secretary shall work with States
to ensure that any guidance developed under subsection (a) is
consistently implemented by States and the Federal Highway
Administration to—
(1) avoid unnecessary delays in completing projects;
(2) minimize cost overruns; and
(3) ensure the effective use of Federal funding.
SEC. 1422. STUDY ON PERFORMANCE OF BRIDGES.
(a) I
N
G
ENERAL
.—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 mate-
rial 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 tech-
niques 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 evalua-
tion technologies and techniques.
(b) C
ONTENTS
.—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
23 USC 101 note.
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129 STAT. 1425 PUBLIC LAW 114–94—DEC. 4, 2015
of innovative materials and technologies, including, as appro-
priate, 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) P
UBLIC
C
OMMENT
.—Before commissioning the study under
subsection (a), the Administrator shall provide an opportunity for
public comment on the study proposal.
(d) D
ATA
F
ROM
S
TATES
.—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) D
EADLINE
.—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.
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.
(a) I
N
G
ENERAL
.—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 innova-
tive approaches to maintain the right-of-way of Federal-aid high-
ways within the State.
(b) L
IMITATION
.—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) R
EPORT
.—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 Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public Works
of the Senate a report on the results of the pilot program.
(d) S
AVINGS
P
ROVISION
.—Nothing in this section may be con-
strued to affect the requirements of section 111 of title 23, United
States Code.
SEC. 1425. SERVICE CLUB, CHARITABLE ASSOCIATION, OR RELIGIOUS
SERVICE SIGNS.
Notwithstanding section 131 of title 23, United States Code,
and part 750 of title 23, Code of Federal Regulations (or successor
regulations), if a State notifies the Federal Highway Administration,
the State may allow the maintenance of a sign of a service club,
charitable association, or religious service organization—
23 USC 131 note.
23 USC 116 note.
23 USC 137 note.
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129 STAT. 1426 PUBLIC LAW 114–94—DEC. 4, 2015
(1) that exists on the date of enactment of this Act (or
was removed in the 3-year period ending on such date of
enactment); and
(2) the area of which is less than or equal to 32 square
feet.
SEC. 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 infra-
structure 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 Adminis-
tration should—
(1) do all within its power to protect workers in highway
work zones; and
(2) move rapidly to finalize regulations, as directed in sec-
tion 1405 of MAP–21 (126 Stat. 560), to protect the lives and
safety of construction workers in highway work zones from
vehicle intrusions.
SEC. 1428. USE OF DURABLE, RESILIENT, AND SUSTAINABLE MATE-
RIALS AND PRACTICES.
To the extent practicable, the Secretary shall encourage the
use of durable, resilient, and sustainable materials and practices,
including the use of geosynthetic materials and other innovative
technologies, in carrying out the activities of the Federal Highway
Administration.
SEC. 1429. IDENTIFICATION OF ROADSIDE HIGHWAY SAFETY HARD-
WARE DEVICES.
(a) S
TUDY
.—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 evalua-
tion of the devices.
(b) C
ONTENTS
.—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 manufac-
turing 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) I
DENTIFICATION
M
ETHODS
.—The identification methods to
be studied under this section include stamped serial numbers, radio-
frequency identification, and such other methods as the Secretary
determines appropriate.
(d) R
EPORT TO
C
ONGRESS
.—Not later than January 1, 2018,
the Secretary shall submit to Congress a report on the results
of the study under subsection (a).
23 USC 101 note.
23 USC 101 note.
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129 STAT. 1427 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 1430. USE OF MODELING AND SIMULATION TECHNOLOGY.
It is the sense of Congress that the Department should utilize,
to the fullest and most economically feasible extent practicable,
modeling and simulation technology to analyze highway and public
transportation projects authorized by this Act to ensure that these
projects—
(1) will increase transportation capacity and safety,
alleviate congestion, and reduce travel time and environmental
impacts; and
(2) are as cost effective as practicable.
SEC. 1431. NATIONAL ADVISORY COMMITTEE ON TRAVEL AND
TOURISM INFRASTRUCTURE.
(a) F
INDINGS
.—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 terri-
tories 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) E
STABLISHMENT
.—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 recommenda-
tions to the Secretary on matters relating to the role of intermodal
transportation in facilitating mobility related to travel and tourism
activities.
(c) M
EMBERSHIP
.—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 pri-
vate 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 associa-
tions;
(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) R
OLE OF
C
OMMITTEE
.—The Committee shall—
(1) advise the Secretary on current and emerging priorities,
issues, projects, and funding needs related to the use of the
49 USC 301 note.
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129 STAT. 1428 PUBLIC LAW 114–94—DEC. 4, 2015
intermodal transportation network of the United States to facili-
tate 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 gen-
erated 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 rec-
reational 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 transpor-
tation projects that improve travel and tourism; and
(8) address other issues of transportation policy and pro-
grams impacting the movement of travelers for tourism and
recreational purposes, including by making legislative rec-
ommendations.
(e) N
ATIONAL
T
RAVEL AND
T
OURISM
I
NFRASTRUCTURE
S
TRA
-
TEGIC
P
LAN
.—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 transpor-
tation network that create significant congestion problems and
barriers to long-haul passenger travel and tourism;
(3) forecasts of long-haul passenger travel and tourism
volumes for the 20-year period beginning in the year during
which the plan is issued;
(4) an identification of the major transportation facilities
and corridors for current and forecasted long-haul travel and
tourism volumes, the identification of which shall be revised,
as appropriate, in subsequent plans;
(5) an assessment of statutory, regulatory, technological,
institutional, financial, and other barriers to improved long-
haul passenger travel performance (including opportunities for
overcoming the barriers);
(6) best practices for improving the performance of the
national transportation network; and
(7) strategies to improve intermodal connectivity for long-
haul passenger travel and tourism.
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129 STAT. 1429 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 1432. EMERGENCY EXEMPTIONS.
(a) I
N
G
ENERAL
.—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) E
XEMPTIONS AND
E
XPEDITED
P
ROCEDURES
.—
(1) A
LTERNATIVE ARRANGEMENTS
.—Alternative arrange-
ments for an emergency under section 1506.11 of title 40,
Code of Federal Regulations (as in effect on the date of enact-
ment 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) S
TORMWATER DISCHARGE PERMITS
.—A general permit
for stormwater discharges from construction activities, if avail-
able, issued by the Administrator of the Environmental Protec-
tion 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) E
MERGENCY 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) N
ATIONAL 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) E
NDANGERED 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 sub-
section (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) E
XPEDITED 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 sub-
section (a).
(7) O
THER 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.);
23 USC 109 note.
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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.).
SEC. 1433. REPORT ON HIGHWAY TRUST FUND ADMINISTRATIVE
EXPENDITURES.
(a) I
NITIAL
R
EPORT
.—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 administra-
tive expenses of the Federal Highway Administration funded from
the Highway Trust Fund during the 3 most recent fiscal years.
(b) U
PDATES
.—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) I
NCLUSIONS
.—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 adminis-
trative expenses is used as efficiently as practicable; and
(4) the flexibility of the Department to reallocate amounts
from the Highway Trust Fund between full-time equivalent
employees and other functions.
SEC. 1434. AVAILABILITY OF REPORTS.
(a) I
N
G
ENERAL
.—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 enact-
ment of this Act.
(b) D
EADLINE
.—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) H
IGH
-
SPEED
B
ROADBAND
D
EVELOPMENT
I
NITIATIVE
.—
(1) I
N GENERAL
.—Subchapter I of chapter 145 of subtitle
IV of title 40, United States Code, is amended by adding
at the end the following:
‘‘§ 14509. High-speed broadband deployment initiative
‘‘(a) I
N
G
ENERAL
.—The Appalachian Regional Commission may
provide technical assistance, make grants, enter into contracts,
or otherwise provide amounts to individuals or entities in the Appa-
lachian region for projects and activities—
40 USC 14509.
49 USC 308 note.
23 USC 101 note.
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129 STAT. 1431 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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) L
IMITATION ON
A
VAILABLE
A
MOUNTS
.—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) S
OURCES OF
A
SSISTANCE
.—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) F
EDERAL
S
HARE
.—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) C
ONFORMING AMENDMENT
.—The analysis for chapter
145 of title 40, United States Code, is amended by inserting
after the item relating to section 14508 the following:
‘‘14509. High-speed broadband deployment initiative.’’.
(b) A
UTHORIZATION OF
A
PPROPRIATIONS
.—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) H
IGH
-
SPEED
B
ROADBAND
D
EPLOYMENT
I
NITIATIVE
.—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) T
ERMINATION
.—Section 14704 of title 40, United States
Code, is amended by striking ‘‘2012’’ and inserting ‘‘2020’’.
40 USC
prec. 14501.
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129 STAT. 1432 PUBLIC LAW 114–94—DEC. 4, 2015
(d) E
FFECTIVE
D
ATE
.—This section and the amendments made
by this section take effect on October 1, 2015.
SEC. 1437. BORDER STATE INFRASTRUCTURE.
(a) I
N
G
ENERAL
.—After consultation with relevant transpor-
tation 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) U
SE OF
F
UNDS
.—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) C
ERTIFICATION
.—Before making a designation under sub-
section (a), the Governor shall certify that the designation is con-
sistent with transportation planning requirements under title 23,
United States Code.
(d) N
OTIFICATION
.—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 distrib-
uted amount of funds available for obligation by jurisdiction.
(e) L
IMITATION
.—This section applies only to funds apportioned
to a State after the date of enactment of this Act.
(f) D
EADLINE FOR
D
ESIGNATION
.—A designation under sub-
section (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 sub-
section (a) for a fiscal year until the Governor of the State
notifies the Secretary of the termination of the designation.
(g) U
NOBLIGATED
F
UNDS
A
FTER
T
ERMINATION
.—Effective begin-
ning on the date of a termination under subsection (f)(2), all
remaining unobligated funds that were designated under subsection
(a) for the fiscal year for which the designation is being terminated
shall be made available to the State for the purposes described
in section 133(d)(1)(B) of title 23, United States Code.
SEC. 1438. ADJUSTMENTS.
(a) I
N
G
ENERAL
.—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) E
XCLUSIONS
F
ROM
R
ESCISSION
.—The rescission under sub-
section (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
23 USC 101 note.
40 USC 14509
note.
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129 STAT. 1433 PUBLIC LAW 114–94—DEC. 4, 2015
(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) D
ISTRIBUTION
A
MONG
S
TATES
.—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) D
ISTRIBUTION
W
ITHIN
E
ACH
S
TATE
.—The amount to be
rescinded under this section from each program to which the rescis-
sion applies within a State shall be determined by multiplying
the required rescission amount calculated under subsection (c) for
such State by the ratio that—
(1) the unobligated balance as of September 30, 2019, for
such program in such State; bears to
(2) the unobligated balances as of September 30, 2019,
for all programs to which the rescission applies in such State.
SEC. 1439. ELIMINATION OF BARRIERS TO IMPROVE AT-RISK BRIDGES.
(a) T
EMPORARY
A
UTHORIZATION
.—
(1) I
N GENERAL
.—Until the Secretary of the Interior takes
the action described in subsection (b), the take of nesting swal-
lows to facilitate a construction project on a bridge eligible
for funding under title 23, United States Code, with any compo-
nent 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) M
EASURES TO MINIMIZE IMPACTS
.—
(A) N
OTIFICATION 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) N
OTIFICATION 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) A
UTHORIZATION OF
T
AKE
.—
(1) I
N GENERAL
.—The Secretary of the Interior, in consulta-
tion with the Secretary, shall promulgate a regulation under
the authority of section 3 of the Migratory Bird Treaty Act
16 USC 703 note.
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129 STAT. 1434 PUBLIC LAW 114–94—DEC. 4, 2015
(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 con-
sistent with treaties relating to migratory birds that protect
swallow species occurring in the United States.
(2) T
ERMINATION
.—On the effective date of a final rule
under this subsection by the Secretary of the Interior, sub-
section (a) shall have no force or effect.
(c) S
USPENSION OR
W
ITHDRAWAL OF
T
AKE
A
UTHORIZATION
.—
If the Secretary of the Interior, in consultation with the Secretary,
determines that taking of nesting swallows carried out under the
authority provided in subsection (a)(1) is having a significant
adverse impact on swallow populations, the Secretary of the Interior
may suspend that authority through publication in the Federal
Register.
SEC. 1440. AT-RISK PROJECT PREAGREEMENT AUTHORITY.
(a) D
EFINITION OF
P
RELIMINARY
E
NGINEERING
.—In this section,
the term ‘‘preliminary engineering’’ means allowable
preconstruction project development and engineering costs.
(b) A
T
-
RISK
P
ROJECT
P
REAGREEMENT
A
UTHORITY
.—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 sub-
recipient, and the Secretary to proceed with the project; and
(2) request reimbursement of applicable Federal funds after
the project authorization is received.
(c) E
LIGIBILITY
.—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 con-
formity 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) A
T
-
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) R
ESTRICTIONS
.—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
23 USC 121 note.
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129 STAT. 1435 PUBLIC LAW 114–94—DEC. 4, 2015
engineering costs incurred prior to an authorization to proceed
in accordance with this section; or
(3) guarantees Federal funding of the project or the eligi-
bility of the project for future Federal-aid highway funding.
SEC. 1441. REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRA-
TION PROGRAM.
(a) I
N
G
ENERAL
.—The Secretary shall establish a regional infra-
structure demonstration program (referred to in this section as
the ‘‘program’’) to assist entities in developing improved infrastruc-
ture priorities and financing strategies for the accelerated develop-
ment of a project that is eligible for funding under the TIFIA
program under chapter 6 of title 23, United States Code.
(b) D
ESIGNATION OF
R
EGIONAL
I
NFRASTRUCTURE
A
CCELERA
-
TORS
.—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) A
PPLICATION
.—To be eligible for a designation under sub-
section (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) C
RITERIA
.—In evaluating a proposal submitted under sub-
section (c), the Secretary shall consider—
(1) the need for geographic diversity among regional infra-
structure 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 govern-
ments 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 infrastruc-
ture 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 infrastruc-
ture projects available for investment;
(F) to bundle smaller-scale and rural projects into
larger proposals that may be more attractive for invest-
ment; and
(G) to reduce transaction costs for public project spon-
sors.
(e) A
NNUAL
R
EPORT
.—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) A
UTHORIZATION OF
A
PPROPRIATIONS
.—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
23 USC 601 note.
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129 STAT. 1436 PUBLIC LAW 114–94—DEC. 4, 2015
(2) $250,000 for administrative costs of carrying out the
program.
SEC. 1442. SAFETY FOR USERS.
(a) I
N
G
ENERAL
.—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 motor-
ized and nonmotorized users, in all phases of project planning,
development, and operation.
(b) R
EPORT
.—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) B
EST
P
RACTICES
.—Based on the report under subsection
(b), the Secretary shall identify and disseminate examples of best
practices where States have adopted measures that have success-
fully provided for the safe and adequate accommodation of all
users of the surface transportation network in all phases of project
planning, development, and operation.
SEC. 1443. SENSE OF CONGRESS.
It is the sense of Congress that the engineering industry of
the United States continues to provide critical technical expertise,
innovation, and local knowledge to Federal and State agencies
in order to efficiently deliver surface transportation projects to
the public, and Congress recognizes the valuable contributions made
by the engineering industry of the United States and urges the
Secretary to reinforce those partnerships by encouraging State and
local agencies to take full advantage of engineering industry
capabilities to strengthen project performance, improve domestic
competitiveness, and create jobs.
SEC. 1444. EVERY DAY COUNTS INITIATIVE.
(a) I
N
G
ENERAL
.—It is in the national interest for the Depart-
ment, 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 road-
ways 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) E
VERY
D
AY
C
OUNTS
I
NITIATIVE
.—To advance the policy
described in subsection (a), the Administrator of the Federal High-
way 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;
23 USC 101 note.
23 USC 109 note.
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129 STAT. 1437 PUBLIC LAW 114–94—DEC. 4, 2015
(2) shorten the project delivery process;
(3) improve environmental sustainability;
(4) enhance roadway safety; and
(5) reduce congestion.
(c) I
NNOVATION
D
EPLOYMENT
.—
(1) I
N 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) R
EQUIREMENTS
.—In identifying a collection described
in paragraph (1), the Secretary shall take into account market
readiness, impacts, benefits, and ease of adoption of the innova-
tion or practice.
(d) P
UBLICATION
.—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 Develop-
ment Act of 2014 (33 U.S.C. 3907(a)) is amended—
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
SEC. 1446. TECHNICAL CORRECTIONS.
(a) T
ITLE
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 Net-
work’’.
(5) Section 150(c)(3)(B) is amended by striking the semi-
colon 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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129 STAT. 1438 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) T
ITLE
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) T
RANSPORTATION
R
ESEARCH AND
I
NNOVATIVE
T
ECHNOLOGY
A
CT OF
2012.—Section 51001(a)(1) of the Transportation Research
23 USC 142.
23 USC 133.
23 USC 109, 118,
130, 131, 133,
142, 145, 218,
610.
23 USC 104.
23 USC 104.
49 USC
prec. 101.
23 USC 327.
23 USC
prec. 101.
23 USC 150.
23 USC 140.
23 USC 104 note.
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129 STAT. 1439 PUBLIC LAW 114–94—DEC. 4, 2015
and Innovative Technology Act of 2012 (126 Stat. 864) is amended
by striking ‘‘sections 503(b), 503(d), and 509’’ and inserting ‘‘section
503(b)’’.
TITLE II—INNOVATIVE PROJECT
FINANCE
SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT OF 1998 AMENDMENTS.
(a) D
EFINITIONS
.—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) M
ASTER CREDIT AGREEMENT
.—
’’ and all that follows before subparagraph (A) and inserting
the following:
‘‘(10) M
ASTER 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 pro-
gram, 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 infrastruc-
ture that is located within walking distance of, and acces-
sible 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) R
URAL 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) S
TATE INFRASTRUCTURE BANK
.—The term ‘State infra-
structure 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 ‘‘Depart-
ment’’.
(b) D
ETERMINATION OF
E
LIGIBILITY AND
P
ROJECT
S
ELECTION
.—
Section 602 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1) in the matter preceding subpara-
graph (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
‘‘E
LIGIBLE PROJECT COST PARAMETERS
.—’’;
(ii) in subparagraph (A)—
(I) in the matter preceding clause (i), by
striking ‘‘subparagraph (B), to be eligible for assist-
ance under this chapter, a project’’ and inserting
‘‘subparagraph (B), a project under the TIFIA pro-
gram’’;
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129 STAT. 1441 PUBLIC LAW 114–94—DEC. 4, 2015
(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) E
XCEPTIONS
.—
‘‘(i) I
NTELLIGENT TRANSPORTATION SYSTEMS
.—In
the case’’; and
(II) by adding at the end the following:
‘‘(ii) T
RANSIT
-
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) R
URAL PROJECTS
.—In the case of a rural infra-
structure 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) L
OCAL INFRASTRUCTURE PROJECTS
.—Eligible
project costs shall be reasonably anticipated to equal
or exceed $10,000,000 in the case of a project or pro-
gram of projects—
‘‘(I) in which the applicant is a local govern-
ment, 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 subpara-
graph (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) I
N 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) R
URAL 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 demonstra-
tion 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 commit-
ment.’’;
(2) in subsection (b) by striking paragraph (2) and inserting
the following:
‘‘(2) M
ASTER CREDIT AGREEMENTS
.—
‘‘(A) P
ROGRAM 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) A
DEQUATE FUNDING NOT AVAILABLE
.—If the Sec-
retary 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 assist-
ance.’’;
(3) in subsection (c)(1), in the matter preceding subpara-
graph (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) S
ECURED
L
OAN
T
ERMS AND
L
IMITATIONS
.—Section 603 of
title 23, United States Code, is amended—
(1) in subsection (a) by striking paragraph (2) and inserting
the following:
‘‘(2) L
IMITATION 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 comple-
tion 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) I
N GENERAL
.—Except as provided in subparagraph
(B), the amount of’’; and
(ii) by adding at the end the following:
‘‘(B) R
URAL 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 dedi-
cated revenue sources available to a State infra-
structure bank, including repayments from loans
made by the bank for rural infrastructure projects;
and’’;
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129 STAT. 1443 PUBLIC LAW 114–94—DEC. 4, 2015
(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 redesig-
nated) by striking ‘‘The final’’ and inserting the fol-
lowing:
‘‘(A) I
N GENERAL
.—Except as provided in subparagraph
(B), the final’’; and
(iii) by adding at the end the following:
‘‘(B) R
URAL 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 pro-
vided on a project receiving a loan under this chapter’’
and inserting the following:
‘‘(A) I
N GENERAL
.—The total Federal assistance pro-
vided for a project receiving a loan under the TIFIA pro-
gram’’; and
(ii) by adding at the end the following:
‘‘(B) R
URAL 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) S
TREAMLINED
A
PPLICATION
P
ROCESS
.—
‘‘(1) I
N GENERAL
.—Not later than 180 days after the date
of enactment of the FAST Act, the Secretary shall make avail-
able 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) T
ERMS
.—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) P
ROGRAM
A
DMINISTRATION
.—Section 605 of title 23, United
States Code, is amended—
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129 STAT. 1444 PUBLIC LAW 114–94—DEC. 4, 2015
(1) by striking ‘‘this chapter’’ each place it appears and
inserting ‘‘the TIFIA program’’; and
(2) by adding at the end the following:
‘‘(f) A
SSISTANCE TO
S
MALL
P
ROJECTS
.—
‘‘(1) R
ESERVATION 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 antici-
pated not to equal or exceed $75,000,000.
‘‘(2) R
ELEASE OF FUNDS
.—Any funds not used under para-
graph (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) S
TATE AND
L
OCAL
P
ERMITS
.—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) R
EGULATIONS
.—Section 607 of title 23, United States Code,
is amended by striking ‘‘this chapter’’ and inserting ‘‘the TIFIA
program’’.
(g) F
UNDING
.—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 redesig-
nating paragraph (5) as paragraph (4); and
(D) by inserting at the end the following:
‘‘(5) A
DMINISTRATIVE COSTS
.—Of the amounts made avail-
able 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) R
EPORTS TO
C
ONGRESS
.—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 pro-
gram’’.
(i) S
TATE
I
NFRASTRUCTURE
B
ANK
P
ROGRAM
.—Section 610 of
title 23, United States Code, is amended—
(1) in subsection (a) by adding at the end the following:
‘‘(11) R
URAL INFRASTRUCTURE PROJECT
.—The term ‘rural
infrastructure project’ has the meaning given the term in sec-
tion 601.
‘‘(12) R
URAL 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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129 STAT. 1445 PUBLIC LAW 114–94—DEC. 4, 2015
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) R
URAL PROJECTS FUND
.—Subject to subsection (j), the
Secretary may permit a State entering into a cooperative agree-
ment 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) F
ORMS OF
A
SSISTANCE
F
ROM
S
TATE
I
NFRASTRUCTURE
B
ANKS
.—
‘‘(1) I
N 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) S
UBORDINATION 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) M
AXIMUM AMOUNT OF ASSISTANCE
.—A State infrastruc-
ture 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) I
NITIAL 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) P
AYMENT TO
S
TATES FOR
C
ONSTRUCTION
.—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) P
ROJECT
A
PPROVAL AND
O
VERSIGHT
.—Section 106(b)(1) of
title 23, United States Code, is amended by inserting ‘‘(including
payments made pursuant to a long-term concession agreement,
such as availability payments)’’ after ‘‘construction of the project’’.
TITLE III—PUBLIC TRANSPORTATION
SEC. 3001. SHORT TITLE.
This title may be cited as the ‘‘Federal Public Transportation
Act of 2015’’.
SEC. 3002. DEFINITIONS.
Section 5302 of title 49, United States Code, is amended—
(1) in paragraph (1)—
(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 fol-
lowing:
‘‘(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
49 USC 5101
note.
Federal Public
Transportation
Act of 2015.
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129 STAT. 1447 PUBLIC LAW 114–94—DEC. 4, 2015
5311, if, consistent with guidance issued by the Sec-
retary, 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 para-
transit 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) V
ALUE CAPTURE
.—The term ‘value capture’ means
recovering the increased property value to property located
near public transportation resulting from investments in public
transportation.’’.
SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION PLAN-
NING.
(a) I
N
G
ENERAL
.—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 transpor-
tation facilities’’ and inserting ‘‘, bicycle transportation facilities,
and intermodal facilities that support intercity transportation,
including intercity buses and intercity bus facilities and com-
muter 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) R
EPRESENTATION
.—
‘‘(A) I
N 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) P
UBLIC TRANSPORTATION REPRESENTATIVE
.—Sub-
ject 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) P
OWERS 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 nat-
ural disasters’’; and
(iii) in subparagraph (H) by inserting before the
period at the end the following: ‘‘, including consider-
ation of the role that intercity buses may play in
reducing congestion, pollution, and energy consumption
in a cost-effective manner and strategies and invest-
ments that preserve and enhance intercity bus sys-
tems, including systems that are privately owned and
operated’’;
(B) in paragraph (6)(A)—
(i) by inserting ‘‘public ports,’’ before ‘‘freight ship-
pers,’’; 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 transpor-
tation’’; 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 inter-
city 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) C
ONGESTION MANAGEMENT PLAN
.—A metropolitan
planning organization serving a transportation manage-
ment area may develop a plan that includes projects and
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129 STAT. 1449 PUBLIC LAW 114–94—DEC. 4, 2015
strategies that will be considered in the TIP of such metro-
politan 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 serv-
ices, 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 opportuni-
ties.
‘‘(D) P
ARTICIPATION
.—In developing the plan under
subparagraph (C), a metropolitan planning organization
shall consult with employers, private and non-profit pro-
viders of public transportation, transportation management
organizations, and organizations that provide job access
reverse commute projects or job-related services to low-
income individuals.’’;
(9) in subsection (l)—
(A) by adding a period at the end of paragraph (1);
and
(B) in paragraph (2)(D) by striking ‘‘of less than
200,000’’ and inserting ‘‘with a population of 200,000 or
less’’;
(10) in subsection (p) by striking ‘‘Funds set aside under
section 104(f)’’ and inserting ‘‘Funds apportioned under section
104(b)(5)’’; and
(11) by adding at the end the following:
‘‘(r) B
I
-S
TATE
M
ETROPOLITAN
P
LANNING
O
RGANIZATION
.—
‘‘(1) D
EFINITION OF BI
-
STATE MPO REGION
.—In this sub-
section, 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) T
REATMENT
.—For the purpose of this title, the Bi-
State Metropolitan Planning Organization shall be treated as—
‘‘(A) a metropolitan planning organization;
‘‘(B) a transportation management area under sub-
section (k); and
‘‘(C) an urbanized area, which is comprised of a popu-
lation of 145,000 in the State of California and a population
of 65,000 in the State of Nevada.’’.
(b) S
TATEWIDE AND
N
ONMETROPOLITAN
T
RANSPORTATION
P
LAN
-
NING
.—Section 5304 of title 49, United States Code, is amended—
(1) in subsection (a)(2) by striking ‘‘and bicycle transpor-
tation facilities’’ and inserting ‘‘, bicycle transportation facilities,
and intermodal facilities that support intercity transportation,
including intercity buses and intercity bus facilities and com-
muter vanpool providers’’;
(2) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (G) by striking ‘‘and’’ at the
end;
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129 STAT. 1450 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 ship-
pers,’’; 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) E
XCEPTION 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 with-
out 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 fol-
lowing: ‘‘Census, will submit an annual report listing
projects carried out in the preceding fiscal year under this
section for associated transit improvements as defined in
section 5302; and’’.
SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) I
N
G
ENERAL
.—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 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 semi-
colon;
(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) I
N GENERAL
.—In carrying out’’; and
(B) by adding at the end the following:
‘‘(B) O
PTIONAL 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 evalu-
ated as a whole—
‘‘(i) meets the requirements of subsection (d)(2),
subsection (e)(2), or paragraphs (3) and (4) of sub-
section (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 sub-
section (h)(5), as applicable’’ after ‘‘subsection (f)’’; and
(C) by striking paragraph (3)(A) and inserting the fol-
lowing:
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129 STAT. 1452 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(A) P
ROJECT ADVANCEMENT
.—A project receiving a
grant under this section that is part of a program of inter-
related 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 require-
ments; 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 construc-
tion 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 fol-
lowing:
‘‘(1) I
N GENERAL
.—
‘‘(A) E
STIMATION 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) G
RANTS
.—
‘‘(i) G
RANT 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) F
ULL 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 per-
cent from the funds made available under this section.
‘‘(iii) G
RANT 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) G
RANT 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 fol-
lowing:
‘‘(4) R
EMAINING 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) A
VAILABILITY OF
A
MOUNTS
.—
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129 STAT. 1453 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) I
N GENERAL
.—An amount made available or appro-
priated 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 unobli-
gated 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) U
SE 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) S
PECIAL
R
ULE
.—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 cap-
ital cost calculation.
‘‘(q) J
OINT
P
UBLIC
T
RANSPORTATION AND
I
NTERCITY
P
ASSENGER
R
AIL
P
ROJECTS
.—
‘‘(1) I
N 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) E
LIGIBLE 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) P
ROJECT JUSTIFICATION AND LOCAL FINANCIAL COMMIT
-
MENT
.—A project under this subsection shall be evaluated for
project justification and local financial commitment under sub-
sections (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 para-
graph (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) C
ALCULATION OF NET CAPITAL PROJECT COST
.—The Sec-
retary 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) G
OVERNMENT SHARE OF NET CAPITAL PROJECT COST
.—
‘‘(A) G
OVERNMENT SHARE
.—The Government share
shall not exceed 80 percent of the net capital cost attrib-
utable to the public transportation costs of a project under
this subsection as determined under paragraph (4).
‘‘(B) N
ON
-
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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129 STAT. 1454 PUBLIC LAW 114–94—DEC. 4, 2015
from an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital.’’.
(b) E
XPEDITED
P
ROJECT
D
ELIVERY FOR
C
APITAL
I
NVESTMENT
G
RANTS
P
ILOT
P
ROGRAM
.—
(1) D
EFINITIONS
.—In this subsection, the following defini-
tions shall apply:
(A) A
PPLICANT
.—The term ‘‘applicant’’ means a State
or local governmental authority that applies for a grant
under this subsection.
(B) C
APITAL PROJECT
;
FIXED GUIDEWAY
;
LOCAL GOVERN
-
MENTAL AUTHORITY
;
PUBLIC TRANSPORTATION
;
STATE
;
STATE
OF GOOD REPAIR
.—The terms ‘‘capital project’’, ‘‘fixed guide-
way’’, ‘‘local governmental authority’’, ‘‘public transpor-
tation’’, ‘‘State’’, and ‘‘state of good repair’’ have the
meanings given those terms in section 5302 of title 49,
United States Code.
(C) C
ORE 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 substan-
tial progress towards achieving a state of good repair.
(D) C
ORRIDOR
-
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 pro-
vided by rail fixed guideway public transportation sys-
tems—
(i) including—
(I) defined stations;
(II) traffic signal priority for public transpor-
tation 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 invest-
ment; and
(ii) the majority of which does not operate in a
separated right-of-way dedicated for public transpor-
tation use during peak periods.
(E) E
LIGIBLE 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 enact-
ment of this Act.
(F) F
IXED 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;
49 USC 5309
note.
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129 STAT. 1455 PUBLIC LAW 114–94—DEC. 4, 2015
(ii) that represents a substantial investment in
a single route in a defined corridor or subarea; and
(iii) that includes features that emulate the serv-
ices provided by rail fixed guideway public transpor-
tation systems, including—
(I) defined stations;
(II) traffic signal priority for public transpor-
tation 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) N
EW FIXED GUIDEWAY CAPITAL PROJECT
.—The term
‘‘new fixed guideway capital project’’ means—
(i) a fixed guideway capital project that is a min-
imum 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) R
ECIPIENT
.—The term ‘‘recipient’’ means a
recipient of funding under chapter 53 of title 49, United
States Code.
(I) S
MALL START PROJECT
.—The term ‘‘small start
project’’ means a new fixed guideway capital project, a
fixed guideway bus rapid transit project, or a corridor-
based bus rapid transit project for which—
(i) the Federal assistance provided or to be pro-
vided under this subsection is less than $75,000,000;
and
(ii) the total estimated net capital cost is less than
$300,000,000.
(2) G
ENERAL AUTHORITY
.—The Secretary may make grants
under this subsection to States and local governmental authori-
ties to assist in financing—
(A) new fixed guideway capital projects or small start
projects, including the acquisition of real property, the
initial acquisition of rolling stock for the system, the
acquisition of rights-of-way, and relocation, for projects in
the advanced stages of planning and design; and
(B) core capacity improvement projects, including the
acquisition of real property, the acquisition of rights-of-
way, double tracking, signalization improvements, elec-
trification, 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 deter-
mines 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) G
RANT REQUIREMENTS
.—
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129 STAT. 1456 PUBLIC LAW 114–94—DEC. 4, 2015
(A) I
N 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 facili-
ties; 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 partner-
ship, 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 accept-
able degree of local financial commitment (including
evidence of stable and dependable financing sources);
and
(vi) the eligible project will be operated and main-
tained 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 pro-
vider in the service area.
(B) C
ERTIFICATION
.—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 informa-
tion upon which the Secretary may make the determina-
tions required under this paragraph.
(C) T
ECHNICAL 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 PUBLIC LAW 114–94—DEC. 4, 2015
(i) the applicant achieved budget, cost, and rider-
ship 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) F
INANCIAL COMMITMENT
.—
(i) R
EQUIREMENTS
.—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 oper-
ating 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 pro-
posed public transportation system, including
essential feeder bus and other services necessary,
without degradation to the existing level of public
transportation services.
(ii) C
ONSIDERATIONS
.—In assessing the stability,
reliability, and availability of proposed sources of
financing under clause (i), the Secretary shall con-
sider—
(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 pro-
posed 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, manage-
ment or transfer of project risks, expedited project
schedule, financial partnering, and other public-
private partnership strategies.
(E) L
ABOR STANDARDS
.—The requirements under sec-
tion 5333 of title 49, United States Code, shall apply to
each recipient of a grant under this subsection.
(4) P
ROJECT 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 para-
graph (3)(A)(iii); and
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129 STAT. 1458 PUBLIC LAW 114–94—DEC. 4, 2015
(ii) project justification required under paragraph
(3)(A)(iv); and
(D) a certification that the existing public transpor-
tation 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) W
RITTEN NOTICE FROM THE SECRETARY
.—
(A) I
N 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 pro-
vide written notice to the applicant—
(i) of approval of the grant request; or
(ii) if the grant request does not meet the require-
ments under paragraph (4), of disapproval of the grant
request, including a detailed explanation of the reasons
for the disapproval.
(B) C
ONCURRENT 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) W
AIVER
.—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) S
ELECTION 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 Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(8) L
ETTERS OF INTENT AND FULL FUNDING GRANT AGREE
-
MENTS
.—
(A) L
ETTERS OF INTENT
.—
(i) A
MOUNTS 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 com-
plete at least an operable segment.
(ii) T
REATMENT
.—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) F
ULL FUNDING GRANT AGREEMENTS
.—
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129 STAT. 1459 PUBLIC LAW 114–94—DEC. 4, 2015
(i) I
N GENERAL
.—Except as provided in clause (v),
an eligible project shall be carried out under this sub-
section through a full funding grant agreement.
(ii) C
RITERIA
.—The Secretary shall enter into a
full funding grant agreement, based on the require-
ments 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) T
ERMS
.—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 agree-
ment, 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) S
PECIAL FINANCIAL RULES
.—
(I) I
N GENERAL
.—A full funding grant agree-
ment 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) S
TATEMENT OF CONTINGENT COMMIT
-
MENT
.—A full funding grant agreement shall state
that the contingent commitment is not an obliga-
tion of the Federal Government.
(III) I
NTEREST 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 agree-
ment, 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) C
OMPLETION 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) E
XCEPTION
.—
(I) I
N GENERAL
.—The Secretary, to the max-
imum extent practicable, shall provide Federal
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129 STAT. 1460 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 Sec-
retary to provide funding for the project in future
fiscal years.
(II) T
ERMS OF EXPEDITED GRANT AGREE
-
MENTS
.—In executing an expedited grant agree-
ment under this clause, the Secretary may include
in the agreement terms similar to those estab-
lished under clause (iii).
(C) L
IMITATION ON AMOUNTS
.—
(i) I
N GENERAL
.—The Secretary may enter into
full funding grant agreements under this paragraph
for eligible projects that contain contingent commit-
ments to incur obligations in such amounts as the
Secretary determines are appropriate.
(ii) A
PPROPRIATION REQUIRED
.—An obligation may
be made under this paragraph only when amounts
are appropriated for obligation.
(D) N
OTIFICATION TO CONGRESS
.—
(i) I
N 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 Sec-
retary shall notify, in writing, the Committee on
Banking, Housing, and Urban Affairs and the Com-
mittee on Appropriations of the Senate and the Com-
mittee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Rep-
resentatives of the proposed letter of intent or full
funding grant agreement.
(ii) C
ONTENTS
.—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) G
OVERNMENT SHARE OF NET CAPITAL PROJECT COST
.—
(A) I
N GENERAL
.—A grant for an eligible project shall
not exceed 25 percent of the net capital project cost.
(B) R
EMAINDER 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) L
IMITATION ON STATUTORY CONSTRUCTION
.—
Nothing in this subsection shall be construed as authorizing
the Secretary to require a non-Federal financial commit-
ment for a project that is more than 75 percent of the
net capital project cost.
(D) S
PECIAL RULE FOR ROLLING STOCK COSTS
.—In addi-
tion 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 PUBLIC LAW 114–94—DEC. 4, 2015
be made only if a refund of a proportional amount of
the grant of the Federal Government is made at the same
time.
(E) F
AILURE 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 pen-
alty charges allowable by law.
(F) C
REDITING 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) A
VAILABILITY OF AMOUNTS
.—
(A) I
N 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 unobli-
gated to the eligible project at the end of the 4-fiscal-
year period may be used by the Secretary for any purpose
under this subsection.
(B) U
SE OF DEOBLIGATED AMOUNTS
.—An amount avail-
able under this subsection that is deobligated may be used
for any purpose under this subsection.
(11) A
NNUAL 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) B
EFORE AND AFTER STUDY AND REPORT
.—
(A) S
TUDY 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 pre-
dicted and actual benefits and costs of the innovative
project development and delivery methods or innova-
tive financing for the eligible project; and
(iii) identifies reasons for any differences between
predicted and actual outcomes for the eligible project.
(B) S
UBMISSION OF REPORT
.—Not later than 2 years
after an eligible project that is selected under this sub-
section begins revenue operations, the recipient shall
submit to the Secretary a report on the results of the
study conducted under subparagraph (A).
(13) R
ULE OF CONSTRUCTION
.—Nothing in this subsection
shall be construed to—
(A) require the privatization of the operation or mainte-
nance of any project for which an applicant seeks funding
under this subsection;
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129 STAT. 1462 PUBLIC LAW 114–94—DEC. 4, 2015
(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, coordi-
nated, and implemented transportation plans under sec-
tions 5303 and 5304 of title 49, United States Code; or
(D) alter the eligibilities or priorities for assistance
under this subsection or section 5309 of title 49, United
States Code.
SEC. 3006. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH
DISABILITIES.
(a) I
N
G
ENERAL
.—Section 5310 of title 49, United States Code,
is amended—
(1) in subsection (a), by striking paragraph (1) and inserting
the following:
‘‘(1) R
ECIPIENT
.—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) B
EST
P
RACTICES
.—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) P
ILOT
P
ROGRAM FOR
I
NNOVATIVE
C
OORDINATED
A
CCESS AND
M
OBILITY
.—
(1) D
EFINITIONS
.—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) G
ENERAL AUTHORITY
.—The Secretary may make grants
under this subsection to eligible recipients to assist in financing
innovative projects for the transportation disadvantaged that
improve the coordination of transportation services and non-
emergency medical transportation services, including—
(A) the deployment of coordination technology;
(B) projects that create or increase access to community
One-Call/One-Click Centers; and
(C) such other projects as determined appropriate by
the Secretary.
(3) A
PPLICATION
.—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
49 USC 5310
note.
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129 STAT. 1463 PUBLIC LAW 114–94—DEC. 4, 2015
(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 coordi-
nated 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 out-
comes.
(4) R
EPORT
.—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) G
OVERNMENT SHARE OF COSTS
.—
(A) I
N GENERAL
.—The Government share of the cost
of an eligible project carried out under this subsection
shall not exceed 80 percent.
(B) N
ON
-
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) R
ULE OF CONSTRUCTION
.—For purposes of this sub-
section, 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) C
OORDINATED
M
OBILITY
.—
(1) D
EFINITIONS
.—In this subsection, the following defini-
tions apply:
(A) A
LLOCATED 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 per-
mitted by applicable Federal laws.
(B) C
OUNCIL
.—The term ‘‘Council’’ means the Inter-
agency Transportation Coordinating Council on Access and
Mobility established under Executive Order No. 13330 (49
U.S.C. 101 note).
(2) S
TRATEGIC 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 Fed-
eral agency with respect to local transportation coordina-
tion, including nonemergency medical transportation;
(B) identifies a strategy to strengthen interagency
collaboration;
(C) addresses any outstanding recommendations made
by the Council in the 2005 Report to the President relating
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129 STAT. 1464 PUBLIC LAW 114–94—DEC. 4, 2015
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, coordi-
nated 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 regula-
tions that will eliminate Federal barriers to local transpor-
tation 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 transpor-
tation.
(3) D
EVELOPMENT OF COST
-
SHARING POLICY IN COMPLIANCE
WITH APPLICABLE FEDERAL LAWS
.—In establishing the cost-
sharing policy required under paragraph (2), the Council may
consider, to the extent practicable—
(A) the development of recommended strategies for
grantees of programs funded by members of the Council,
including strategies for grantees of programs that fund
nonemergency medical transportation, to use the cost-
sharing policy in a manner that does not violate applicable
Federal laws; and
(B) incorporation of an allocated cost model to facilitate
local coordination efforts that comply with applicable
requirements of programs funded by members of the
Council, such as—
(i) eligibility requirements;
(ii) service delivery requirements; and
(iii) reimbursement requirements.
(4) R
EPORT
.—The Council shall, concurrently with submis-
sion to the President of a report containing final recommenda-
tions of the Council, transmit such report to the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
SEC. 3007. FORMULA GRANTS FOR RURAL AREAS.
(a) I
N
G
ENERAL
.—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 appor-
tioned 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 redesig-
nated) the following:
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129 STAT. 1465 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 unsub-
sidized 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) A
LLOCATION 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) C
ONFORMING
A
MENDMENTS
.—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 subpara-
graph (A), by striking ‘‘5338(a)(2)(E)’’ and inserting
‘‘5338(a)(2)(F)’’;
(B) in paragraph (2)(C), by striking ‘‘5338(a)(2)(E)’’ and
inserting ‘‘5338(a)(2)(F)’’; and
(C) in paragraph (3)(A), by striking ‘‘5338(a)(2)(E)’’ and
inserting ‘‘5338(a)(2)(F)’’.
SEC. 3008. PUBLIC TRANSPORTATION INNOVATION.
(a) C
ONSOLIDATION OF
P
ROGRAMS
.—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 sub-
sections (b) through (g), respectively;
(3) by inserting before subsection (b) (as so redesignated)
the following:
‘‘(a) I
N
G
ENERAL
.—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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129 STAT. 1466 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 fol-
lowing:
‘‘(5) P
ROHIBITION
.—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 techno-
logical advancements in the vehicle.
‘‘(6) D
EFINITIONS
.—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 suffi-
ciently reduces energy consumption or harmful emis-
sions, including direct carbon emissions, when com-
pared 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) L
OW OR
N
O
E
MISSION
V
EHICLE
C
OMPONENT
A
SSESSMENT
.—
‘‘(1) D
EFINITIONS
.—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 Edu-
cation 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) A
SSESSING LOW OR NO EMISSION VEHICLE COMPO
-
NENTS
.—
‘‘(A) I
N GENERAL
.—The Secretary shall competitively
select at least one facility to conduct testing, evaluation,
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129 STAT. 1467 PUBLIC LAW 114–94—DEC. 4, 2015
and analysis of low or no emission vehicle components
intended for use in low or no emission vehicles.
‘‘(B) O
PERATION AND MAINTENANCE
.—
‘‘(i) I
N 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) R
EQUIREMENTS
.—An institution of higher edu-
cation described in clause (i) shall have—
‘‘(I) capacity to carry out transportation-
related advanced component and vehicle evalua-
tion;
‘‘(II) laboratories capable of testing and evalua-
tion; 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) F
EES
.—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) A
VAILABILITY OF AMOUNTS TO PAY FOR ASSESS
-
MENT
.—The Secretary shall enter into a contract or
cooperative agreement with, or make a grant to an institu-
tion 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 estab-
lished and collected pursuant to subparagraph (C).
‘‘(E) V
OLUNTARY 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) C
OMPLIANCE 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 sec-
tion 5318.
‘‘(G) S
EPARATE FACILITY
.—A facility selected under
subparagraph (A) shall be separate and distinct from the
facility operated and maintained under section 5318.
‘‘(3) L
OW OR NO EMISSION VEHICLE COMPONENT PERFORM
-
ANCE REPORTS
.—Not later than 2 years after the date of enact-
ment 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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129 STAT. 1468 PUBLIC LAW 114–94—DEC. 4, 2015
performance, structural integrity, efficiency, and noise of those
low or no emission vehicle components.
‘‘(4) P
UBLIC AVAILABILITY OF ASSESSMENTS
.—Each assess-
ment conducted at a facility selected under paragraph (2)(A)
shall be made publicly available, including to affected indus-
tries.
‘‘(5) R
ULE 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 para-
graph (1) and inserting the following:
‘‘(g) A
NNUAL
R
EPORT ON
R
ESEARCH
.—Not later than the first
Monday in February of each year, the Secretary shall make avail-
able to the public on the Web site of the Department of Transpor-
tation, 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) T
RANSIT
C
OOPERATIVE
R
ESEARCH
P
ROGRAM
.—
‘‘(1) I
N GENERAL
.—The amounts made available under sec-
tion 5338(a)(2)(G)(ii) are available for a public transportation
cooperative research program.
‘‘(2) I
NDEPENDENT GOVERNING BOARD
.—
‘‘(A) E
STABLISHMENT
.—The Secretary shall establish
an independent governing board for the program under
this subsection.
‘‘(B) R
ECOMMENDATIONS
.—The board shall recommend
public transportation research, development, and tech-
nology transfer activities the Secretary considers appro-
priate.
‘‘(3) F
EDERAL ASSISTANCE
.—The Secretary may make grants
to, and enter into cooperative agreements with, the National
Academy of Sciences to carry out activities under this sub-
section that the Secretary considers appropriate.
‘‘(4) G
OVERNMENT 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) L
IMITATION ON APPLICABILITY
.—Subsections (f) and (g)
shall not apply to activities carried out under this subsection.’’.
(b) C
ONFORMING
A
MENDMENTS
.—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 PUBLIC LAW 114–94—DEC. 4, 2015
(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) C
LERICAL
A
MENDMENT
.—The analysis for chapter 53 of such
title is amended by striking the item relating to section 5312
and inserting the following:
‘‘5312. Public transportation innovation.’’.
SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.
(a) I
N
G
ENERAL
.—Section 5314 of title 49, United States Code,
is amended to read as follows:
‘‘§ 5314. Technical assistance and workforce development
‘‘(a) T
ECHNICAL
A
SSISTANCE AND
S
TANDARDS
.—
‘‘(1) T
ECHNICAL ASSISTANCE AND STANDARDS DEVELOP
-
MENT
.—
‘‘(A) I
N GENERAL
.—The Secretary may make grants
and enter into contracts, cooperative agreements, and other
agreements (including agreements with departments, agen-
cies, 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) E
LIGIBLE ACTIVITIES
.—The activities carried out
under subparagraph (A) may include—
‘‘(i) technical assistance; and
‘‘(ii) the development of voluntary and consensus-
based standards and best practices by the public
transportation industry, including standards and best
practices for safety, fare collection, intelligent transpor-
tation systems, accessibility, procurement, security,
asset management to maintain a state of good repair,
operations, maintenance, vehicle propulsion, commu-
nications, and vehicle electronics.
‘‘(2) T
ECHNICAL 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 con-
tracts, 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 assist-
ance, 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
49 USC
prec. 5301.
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129 STAT. 1470 PUBLIC LAW 114–94—DEC. 4, 2015
those of the Department of Transportation through tech-
nical assistance, training, and support services related to
complying with such requirements;
‘‘(C) meet the transportation needs of elderly individ-
uals;
‘‘(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 develop-
ment around transit stations;
‘‘(E) address transportation equity with regard to the
effect that transportation planning, investment, and oper-
ations 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) A
NNUAL 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 Com-
mittee on Appropriations of the House of Representatives a
report that includes—
‘‘(A) a description of each project that received assist-
ance 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) G
OVERNMENT SHARE OF COSTS
.—
‘‘(A) I
N GENERAL
.—The Government share of the cost
of an activity carried out using a grant under this sub-
section may not exceed 80 percent.
‘‘(B) N
ON
-
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 contribu-
tions.
‘‘(b) H
UMAN
R
ESOURCES AND
T
RAINING
.—
‘‘(1) I
N 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 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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) I
NNOVATIVE PUBLIC TRANSPORTATION FRONTLINE
WORKFORCE DEVELOPMENT PROGRAM
.—
‘‘(A) I
N GENERAL
.—The Secretary shall establish a
competitive grant program to assist the development of
innovative activities eligible for assistance under paragraph
(1).
‘‘(B) E
LIGIBLE 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 commu-
nication with first responders and the riding public;
and
‘‘(iv) address current or projected workforce short-
ages by developing partnerships with high schools,
community colleges, and other community organiza-
tions.
‘‘(C) S
ELECTION 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 unemploy-
ment;
‘‘(viii) advance opportunities for minorities, women,
veterans, individuals with disabilities, low-income
populations, and other underserved populations; and
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129 STAT. 1472 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(ix) address in-demand industry sector or occupa-
tion, as such term is defined in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
‘‘(D) P
ROGRAM 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 certifi-
cations or credentials required for specific types of
employment;
‘‘(iv) employment outcomes, including job place-
ment, 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 pro-
gram 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) R
EPORT 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) G
OVERNMENT
’
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) A
VAILABILITY 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) N
ATIONAL
T
RANSIT
I
NSTITUTE
.—
‘‘(1) E
STABLISHMENT
.—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) D
UTIES
.—
‘‘(A) I
N GENERAL
.—In cooperation with the Federal
Transit Administration, State transportation departments,
public transportation authorities, and national and inter-
national 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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129 STAT. 1473 PUBLIC LAW 114–94—DEC. 4, 2015
engaged or to be engaged in Government-aid public
transportation work.
‘‘(B) T
RAINING AND EDUCATIONAL PROGRAMS
.—The
training and educational programs developed under
subparagraph (A) may include courses in recent develop-
ments, 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 transpor-
tation 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) P
ROVISION 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 pro-
gram responsibility; or
‘‘(B) when the education and training are paid under
paragraph (4), by the State, with the approval of the Sec-
retary, through grants and contracts with public and pri-
vate agencies, other institutions, individuals, and the
institute.
‘‘(4) A
VAILABILITY OF AMOUNTS
.—
‘‘(A) I
N 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) E
XISTING 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 Sec-
retary, the Department of Labor, or the Department of
Education.’’.
(b) C
LERICAL
A
MENDMENT
.—The analysis for chapter 53 of such
title is amended by striking the item relating to section 5314
and inserting the following:
‘‘5314. Technical assistance and workforce development.’’.
49 USC
prec. 5301.
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129 STAT. 1474 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 3010. PRIVATE SECTOR PARTICIPATION.
(a) I
N
G
ENERAL
.—Section 5315 of title 49, United States Code,
is amended by adding at the end the following:
‘‘(d) R
ULE OF
C
ONSTRUCTION
.—Nothing in this section shall
be construed to alter—
‘‘(1) the eligibilities, requirements, or priorities for assist-
ance provided under this chapter; or
‘‘(2) the requirements of section 5306(a).’’.
(b) MAP–21 T
ECHNICAL
C
ORRECTION
.—Section 20013(d) of
MAP–21 (Public Law 112–141; 126 Stat. 694) is amended by striking
‘‘5307(c)’’ and inserting ‘‘5307(b)’’.
SEC. 3011. GENERAL PROVISIONS.
Section 5323 of title 49, United States Code, is amended—
(1) in subsection (h)—
(A) in paragraph (1), by striking ‘‘or’’ at the end;
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following:
‘‘(2) pay incremental costs of incorporating art or non-
functional landscaping into facilities, including the costs of
an artist on the design team; or’’;
(2) in subsection (j)—
(A) in paragraph (2), by striking subparagraph (C)
and inserting the following:
‘‘(C) when procuring rolling stock (including train con-
trol, 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) R
OLLING 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) C
ERTIFICATION OF DOMESTIC SUPPLY AND DISCLOSURE
.—
‘‘(A) C
ERTIFICATION OF DOMESTIC SUPPLY
.—If the Sec-
retary denies an application for a waiver under paragraph
49 USC 5303
note.
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129 STAT. 1475 PUBLIC LAW 114–94—DEC. 4, 2015
(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) D
ISCLOSURE
.—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 redesig-
nated, the following:
‘‘(12) S
TEEL 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) D
EFINITION 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 para-
graph, 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) V
ALUE
C
APTURE
R
EVENUE
E
LIGIBLE FOR
L
OCAL
S
HARE
.—
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) S
PECIAL
C
ONDITION ON
C
HARTER
B
US
T
RANSPORTATION
S
ERVICE
.—If, in a fiscal year, the Secretary is prohibited by law
from enforcing regulations related to charter bus service under
part 604 of title 49, Code of Federal Regulations, for any transit
agency that during fiscal year 2008 was both initially granted
a 60-day period to come into compliance with such part 604, and
then was subsequently granted an exception from such part—
‘‘(1) the transit agency shall be precluded from receiving
its allocation of urbanized area formula grant funds for such
fiscal year; and
‘‘(2) any amounts withheld pursuant to paragraph (1) shall
be added to the amount that the Secretary may apportion
under section 5336 in the following fiscal year.’’.
SEC. 3012. PROJECT MANAGEMENT OVERSIGHT.
Section 5327 of title 49, United States Code, is amended—
(1) in subsection (c) by striking ‘‘section 5338(i)’’ and
inserting section ‘‘5338(f)’’ ; and
(2) in subsection (d)—
(A) in paragraph (1)—
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129 STAT. 1476 PUBLIC LAW 114–94—DEC. 4, 2015
(i) by striking ‘‘section 5338(i)’’ and inserting sec-
tion 5338(f); and
(ii) by striking ‘‘and’’ at the end; and
(B) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) a requirement that oversight—
‘‘(A) begin during the project development phase of
a project, unless the Secretary finds it more appropriate
to begin the oversight during another phase of the project,
to maximize the transportation benefits and cost savings
associated with project management oversight; and
‘‘(B) be limited to quarterly reviews of compliance by
the recipient with the project management plan approved
under subsection (b) unless the Secretary finds that the
recipient requires more frequent oversight because the
recipient has failed to meet the requirements of such plan
and the project may be at risk of going over budget or
becoming behind schedule; and
‘‘(3) a process for recipients that the Secretary has found
require more frequent oversight to return to quarterly reviews
for purposes of paragraph (2)(B).’’.
SEC. 3013. PUBLIC TRANSPORTATION SAFETY PROGRAM.
Section 5329 of title 49, United States Code, is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (C) by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (D) as subpara-
graph (E); and
(C) by inserting after subparagraph (C) the following:
‘‘(D) minimum safety standards to ensure the safe oper-
ation 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 consider-
ation—
‘‘(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 Sec-
retary determines necessary and appropriate;
and’’;
(2) in subsection (e)—
(A) by redesignating paragraphs (8) and (9) as para-
graphs (9) and (10), respectively; and
(B) by inserting after paragraph (7) the following:
‘‘(8) F
EDERAL SAFETY MANAGEMENT
.—
‘‘(A) I
N 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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129 STAT. 1477 PUBLIC LAW 114–94—DEC. 4, 2015
to ensure the enforcement of Federal safety regulation,
or is incapable of providing adequate safety oversight con-
sistent 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) T
EMPORARY 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 sub-
section.
‘‘(C) F
AILURE 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 deter-
mination, 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 modifica-
tion has been certified; and
‘‘(iii) use any other authorities authorized under
this chapter considered necessary and appropriate.
‘‘(D) A
DMINISTRATIVE 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 transpor-
tation 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 with-
hold funds’’; and
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129 STAT. 1478 PUBLIC LAW 114–94—DEC. 4, 2015
(B) by inserting ‘‘or (1)(E)’’ after ‘‘paragraph (1)(D)’’;
and
(6) by striking subsection (h) and inserting the following:
‘‘(h) R
ESTRICTIONS AND
P
ROHIBITIONS
.—
‘‘(1) R
ESTRICTIONS AND PROHIBITIONS
.—The Secretary shall
issue restrictions and prohibitions by whatever means are
determined necessary and appropriate, without regard to sec-
tion 5334(c), if, through testing, inspection, investigation, audit,
or research carried out under this chapter, the Secretary deter-
mines 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) N
OTICE
.—The notice of restriction or prohibition shall
describe the condition or practice, the subsequent risk and
the standards and procedures required to address the restric-
tion or prohibition.
‘‘(3) C
ONTINUED AUTHORITY
.—Nothing in this subsection
shall be construed as limiting the Secretary’s authority to main-
tain 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 fol-
lowing:
‘‘(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 fol-
lowing:
‘‘(3) of amounts not apportioned under paragraphs (1) and
(2)—
‘‘(A) for fiscal years 2016 through 2018, 1.5 percent
shall be apportioned to urbanized areas with populations
of less than 200,000 in accordance with subsection (i);
and
‘‘(B) for fiscal years 2019 and 2020, 2 percent shall
be apportioned to urbanized areas with populations of less
than 200,000 in accordance with subsection (i);’’.
SEC. 3015. STATE OF GOOD REPAIR GRANTS.
(a) I
N
G
ENERAL
.—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) U
SE OF FUNDS
.—Amounts apportioned under this sub-
section 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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129 STAT. 1479 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(e) G
OVERNMENT
S
HARE OF
C
OSTS
.—
‘‘(1) C
APITAL 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) R
EMAINING 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) C
ONFORMING
A
MENDMENTS
.—Section 5337 of such title is
further amended—
(1) in subsection (c)(1) by striking ‘‘5338(a)(2)(I)’’ and
inserting ‘‘5338(a)(2)(K)’’; and
(2) in subsection (d)(2) by striking ‘‘5338(a)(2)(I)’’ and
inserting ‘‘5338(a)(2)(K)’’.
SEC. 3016. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, is amended to
read as follows:
‘‘SEC. 5338. AUTHORIZATIONS.
‘‘(a) G
RANTS
.—
‘‘(1) I
N GENERAL
.—There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sec-
tions 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) A
LLOCATION OF FUNDS
.—Of the amounts made avail-
able 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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129 STAT. 1480 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 facili-
ties 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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129 STAT. 1481 PUBLIC LAW 114–94—DEC. 4, 2015
fiscal year 2020, to carry out section 5340 to provide finan-
cial 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) R
ESEARCH
, D
EVELOPMENT
, D
EMONSTRATION
,
AND
D
EPLOY
-
MENT
P
ROGRAM
.—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) T
ECHNICAL
A
SSISTANCE AND
T
RAINING
.—There are author-
ized to be appropriated to carry out section 5314, $5,000,000 for
each of fiscal years 2016 through 2020.
‘‘(d) C
APITAL
I
NVESTMENT
G
RANTS
.—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) A
DMINISTRATION
.—
‘‘(1) I
N GENERAL
.—There are authorized to be appropriated
to carry out section 5334, $115,016,543 for each of fiscal years
2016 through 2020.
‘‘(2) S
ECTION 5329
.—Of the amounts authorized to be appro-
priated 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) S
ECTION 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) O
VERSIGHT
.—
‘‘(1) I
N 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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129 STAT. 1482 PUBLIC LAW 114–94—DEC. 4, 2015
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) A
CTIVITIES
.—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 secu-
rity, 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) G
OVERNMENT SHARE OF COSTS
.—The Government shall
pay the entire cost of carrying out a contract under this sub-
section.
‘‘(4) A
VAILABILITY OF CERTAIN FUNDS
.—Funds made avail-
able 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) G
RANTS AS
C
ONTRACTUAL
O
BLIGATIONS
.—
‘‘(1) G
RANTS 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 contrac-
tual obligation of the Government to pay the Government share
of the cost of the project.
‘‘(2) G
RANTS 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) A
VAILABILITY OF
A
MOUNTS
.—Amounts made available by
or appropriated under this section shall remain available until
expended.’’.
SEC. 3017. GRANTS FOR BUSES AND BUS FACILITIES.
(a) I
N
G
ENERAL
.—Section 5339 of title 49, United States Code,
is amended to read as follows:
‘‘§ 5339. Grants for buses and bus facilities
‘‘(a) F
ORMULA
G
RANTS
.—
‘‘(1) D
EFINITIONS
.—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, Amer-
ican Samoa, and the United States Virgin Islands.
‘‘(2) G
ENERAL 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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129 STAT. 1483 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(A) to replace, rehabilitate, and purchase buses and
related equipment, including technological changes or
innovations to modify low or no emission vehicles or facili-
ties; and
‘‘(B) to construct bus-related facilities.
‘‘(3) G
RANT 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) E
LIGIBLE RECIPIENTS
.—
‘‘(A) R
ECIPIENTS
.—Eligible recipients under this sub-
section 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) S
UBRECIPIENTS
.—A recipient that receives a grant
under this subsection may allocate amounts of the grant
to subrecipients that are public agencies or private non-
profit organizations engaged in public transportation.
‘‘(5) D
ISTRIBUTION OF GRANT FUNDS
.—Funds allocated
under section 5338(a)(2)(L) shall be distributed as follows:
‘‘(A) N
ATIONAL 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) D
ISTRIBUTION USING POPULATION AND SERVICE FAC
-
TORS
.—The remainder of the funds not otherwise distrib-
uted under subparagraph (A) shall be allocated pursuant
to the formula set forth in section 5336 other than sub-
section (b).
‘‘(6) T
RANSFERS OF APPORTIONMENTS
.—
‘‘(A) T
RANSFER 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) T
RANSFER 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) G
OVERNMENT SHARE OF COSTS
.—
‘‘(A) C
APITAL 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) R
EMAINING 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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129 STAT. 1484 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(ii) from revenues derived from the sale of adver-
tising and concessions;
‘‘(iii) from an undistributed cash surplus, a replace-
ment or depreciation cash fund or reserve, or new
capital;
‘‘(iv) from amounts received under a service agree-
ment with a State or local social service agency or
private social service organization; or
‘‘(v) from revenues generated from value capture
financing mechanisms.
‘‘(8) P
ERIOD 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) P
ILOT PROGRAM FOR COST
-
EFFECTIVE CAPITAL INVEST
-
MENT
.—
‘‘(A) I
N 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) P
URPOSE 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 des-
ignated recipients under section 5326.
‘‘(C) R
EQUESTS 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) A
LLOCATIONS 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) A
LLOCATIONS TO ELIGIBLE RECIPIENTS IN STATE
POOLS
.—A State shall distribute the amount that is allo-
cated 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 manage-
ment plans of the recipients under section 5326.
‘‘(F) A
LLOCATION 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 PUBLIC LAW 114–94—DEC. 4, 2015
eligible recipient for that period pursuant to the formulas
referred to in paragraph (5).
‘‘(G) G
RANTS
.—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 subpara-
graph (E).
‘‘(b) B
USES AND
B
US
F
ACILITIES
C
OMPETITIVE
G
RANTS
.—
‘‘(1) I
N 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) G
RANT CONSIDERATIONS
.—In making grants under this
subsection, the Secretary shall consider the age and condition
of buses, bus fleets, related equipment, and bus-related facili-
ties.
‘‘(3) S
TATEWIDE 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 sub-
section (a)(4)) in an urbanized area in a State.
‘‘(4) R
EQUIREMENTS FOR THE SECRETARY
.—The Secretary
shall—
‘‘(A) disclose all metrics and evaluation procedures to
be used in considering grant applications under this sub-
section 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) R
URAL 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) G
RANT REQUIREMENTS
.—
‘‘(A) I
N 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) G
OVERNMENT SHARE OF COSTS
.—The Government
share of the cost of an eligible project carried out under
this subsection shall not exceed 80 percent.
‘‘(7) A
VAILABILITY 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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129 STAT. 1486 PUBLIC LAW 114–94—DEC. 4, 2015
made available to an eligible project in the following fiscal
year.
‘‘(8) L
IMITATION
.—Of the amounts made available under
this subsection, not more than 10 percent may be awarded
to a single grantee.
‘‘(c) L
OW OR
N
O
E
MISSION
G
RANTS
.—
‘‘(1) D
EFINITIONS
.—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 pro-
gram 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 facili-
ties 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 suffi-
ciently reduces energy consumption or harmful emis-
sions, including direct carbon emissions, when com-
pared 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) G
ENERAL AUTHORITY
.—The Secretary may make grants
to recipients to finance eligible projects under this subsection.
‘‘(3) G
RANT REQUIREMENTS
.—
‘‘(A) I
N GENERAL
.—A grant under this subsection shall
be subject to the requirements of section 5307.
‘‘(B) G
OVERNMENT SHARE OF COSTS FOR CERTAIN
PROJECTS
.—Section 5323(i) applies to eligible projects car-
ried out under this subsection, unless the recipient requests
a lower grant percentage.
‘‘(C) C
OMBINATION OF FUNDING SOURCES
.—
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129 STAT. 1487 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(i) C
OMBINATION PERMITTED
.—An eligible project
carried out under this subsection may receive funding
under section 5307 or any other provision of law.
‘‘(ii) G
OVERNMENT SHARE
.—Nothing in this
subparagraph shall be construed to alter the Govern-
ment share required under paragraph (7), section 5307,
or any other provision of law.
‘‘(4) C
OMPETITIVE PROCESS
.—The Secretary shall—
‘‘(A) not later than 30 days after the date on which
amounts are made available for obligation under this sub-
section 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 Sec-
retary solicited the grant applications.
‘‘(5) C
ONSIDERATION
.—In awarding grants under this sub-
section, 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 emis-
sion buses; and
‘‘(B) are part of a long-term integrated fleet manage-
ment plan for the recipient.
‘‘(6) A
VAILABILITY 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) G
OVERNMENT SHARE OF COSTS
.—
‘‘(A) I
N GENERAL
.—The Federal share of the cost of
an eligible project carried out under this subsection shall
not exceed 80 percent.
‘‘(B) N
ON
-
FEDERAL SHARE
.—The non-Federal share of
the cost of an eligible project carried out under this sub-
section may be derived from in-kind contributions.’’.
(b) T
ECHNICAL AND
C
ONFORMING
A
MENDMENT
.—The analysis
for chapter 53 of title 49, United States Code, is amended by
striking the item relating to section 5339 and inserting the fol-
lowing:
‘‘5339. Grants for buses and bus facilities.’’.
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—
49 USC 5338
note.
49 USC
prec. 5301.
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129 STAT. 1488 PUBLIC LAW 114–94—DEC. 4, 2015
(1) $9,347,604,639 in fiscal year 2016;
(2) $9,733,706,043 in fiscal year 2017;
(3) $9,733,353,407 in fiscal year 2018;
(4) $9,939,380,030 in fiscal year 2019; and
(5) $10,150,348,462 in fiscal year 2020.
SEC. 3019. INNOVATIVE PROCUREMENT.
(a) D
EFINITION
.—In this section, the term ‘‘grantee’’ means
a recipient or subrecipient of assistance under chapter 53 of title
49, United States Code.
(b) C
OOPERATIVE
P
ROCUREMENT
.—
(1) D
EFINITIONS
;
GENERAL RULES
.—
(A) D
EFINITIONS
.—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 sub-
clause (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 coopera-
tive procurement contract using assistance provided
under chapter 53 of title 49, United States Code.
(B) G
ENERAL RULES
.—
(i) P
ROCUREMENT 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) V
OLUNTARY PARTICIPATION
.—Participation by
grantees in a cooperative procurement contract shall
be voluntary.
(iii) C
ONTRACT TERMS
.—The lead procurement
agency or lead nonprofit entity for a cooperative
procurement contract shall develop the terms of the
contract.
(iv) D
URATION
.—A cooperative procurement con-
tract—
(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
49 USC 5325
note.
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129 STAT. 1489 PUBLIC LAW 114–94—DEC. 4, 2015
(III) may be in effect for a total period of
not more than 5 years, including each extension
authorized under subclause (II).
(v) A
DMINISTRATIVE EXPENSES
.—A lead procure-
ment 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 pro-
viding 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 sub-
clause (I), may incorporate the cost into the price
of the contract or directly charge the participants
for the cost, but not both.
(2) S
TATE COOPERATIVE PROCUREMENT SCHEDULES
.—
(A) A
UTHORITY
.—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 pur-
chase 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) A
PPLICABILITY 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 govern-
ment when using non-Federal funds, to the extent that
the policies and procedures are in conformance with
applicable Federal law.
(3) P
ILOT PROGRAM FOR NONPROFIT COOPERATIVE PROCURE
-
MENTS
.—
(A) E
STABLISHMENT
.—The Secretary shall establish
and carry out a pilot program to demonstrate the effective-
ness of cooperative procurement contracts administered by
eligible nonprofit entities.
(B) D
ESIGNATION
.—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) N
OTICE 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) J
OINT PROCUREMENT CLEARINGHOUSE
.—
(A) I
N GENERAL
.—The Secretary shall establish a
clearinghouse for the purpose of allowing grantees to aggre-
gate planned rolling stock purchases and identify joint
procurement participants.
(B) N
ONPROFIT CONSULTATION
.—In establishing the
clearinghouse under subparagraph (A), the Secretary may
consult with nonprofit entities with expertise in public
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129 STAT. 1490 PUBLIC LAW 114–94—DEC. 4, 2015
transportation or procurement, and other stakeholders as
the Secretary determines appropriate.
(C) I
NFORMATION ON PROCUREMENTS
.—The clearing-
house may include information on bus size, engine type,
floor type, and any other attributes necessary to identify
joint procurement participants.
(D) L
IMITATIONS
.—
(i) A
CCESS
.—The clearinghouse shall only be acces-
sible to the Federal Transit Administration, a nonprofit
entity coordinating for such clearinghouse with the
Secretary, and grantees.
(ii) P
ARTICIPATION
.—No grantee shall be required
to submit procurement information to the database.
(c) L
EASING
A
RRANGEMENTS
.—
(1) C
APITAL LEASE DEFINED
.—
(A) I
N 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) M
AINTENANCE
.—A capital lease may require that
the lessor provide maintenance of the rolling stock or
related equipment covered by the lease.
(2) P
ROGRAM TO SUPPORT INNOVATIVE LEASING ARRANGE
-
MENTS
.—
(A) A
UTHORITY
.—A grantee may use assistance pro-
vided 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) G
RANTEE 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) E
LIGIBLE 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 equip-
ment;
(ii) associated financing costs, including interest,
legal fees, and financial advisor fees;
(iii) ancillary costs such as delivery and installa-
tion charges; and
(iv) maintenance costs.
(D) T
ERMS
.—A grantee shall negotiate the terms of
any lease agreement that the grantee enters into.
(E) A
PPLICABILITY OF PROCUREMENT REQUIREMENTS
.—
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129 STAT. 1491 PUBLIC LAW 114–94—DEC. 4, 2015
(i) L
EASE REQUIREMENTS
.—Part 639 of title 49,
Code of Federal Regulations, or any successor regula-
tion, and implementing guidance applicable to leasing
shall not apply to a capital lease.
(ii) B
UY AMERICA
.—The requirements under sec-
tion 5323(j) of title 49, United States Code, shall apply
to a capital lease.
(3) C
APITAL LEASING OF CERTAIN ZERO EMISSION VEHICLE
COMPONENTS
.—
(A) D
EFINITIONS
.—In this paragraph—
(i) the term ‘‘removable power source’’—
(I) means a power source that is separately
installed in, and removable from, a zero emission
vehicle; and
(II) may include a battery, a fuel cell, an ultra-
capacitor, or other advanced power source used
in a zero emission vehicle; and
(ii) the term ‘‘zero emission vehicle’’ has the
meaning given the term in section 5339(c) of title 49,
United States Code.
(B) L
EASED 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) E
LIGIBLE CAPITAL LEASE
.—A grantee may acquire
a removable power source by itself through a capital lease.
(D) P
ROCUREMENT 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) R
EPORTING REQUIREMENT
.—Not later than 3 years after
the date on which a grantee enters into a capital lease under
this subsection, the grantee shall submit to the Secretary a
report that contains—
(A) an evaluation of the overall costs and benefits
of leasing rolling stock; and
(B) a comparison of the expected short-term and long-
term maintenance costs of leasing versus buying rolling
stock.
(5) R
EPORT
.—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 evalua-
tion of the program including the evaluation of the data
reported in paragraph (4).
(d) B
UY
A
MERICA
.—The requirements of section 5323(j) of title
49, United States Code, shall apply to all procurements under
this section.
SEC. 3020. REVIEW OF PUBLIC TRANSPORTATION SAFETY STANDARDS.
(a) R
EVIEW
R
EQUIRED
.—
(1) I
N GENERAL
.—Not later than 90 days after the date
of enactment of this Act, the Secretary shall begin a review
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129 STAT. 1492 PUBLIC LAW 114–94—DEC. 4, 2015
of the safety standards and protocols used in public transpor-
tation systems in the United States that examines the efficacy
of existing standards and protocols.
(2) C
ONTENTS 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 proto-
cols 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 transpor-
tation personnel compliance and readiness in emer-
gency 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 sys-
tems;
(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 proto-
cols 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) E
VALUATION
.—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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129 STAT. 1493 PUBLIC LAW 114–94—DEC. 4, 2015
(c) R
EPORT
.—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 sub-
section (b);
(3) a comprehensive set of recommendations to improve
the safety of the public transportation industry, including rec-
ommendations 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) S
TUDY
.—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 informa-
tion 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) C
OORDINATION
.—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) I
NPUT
.—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) R
EPORT
.—Not later than 18 months after the date of enact-
ment of this Act, the National Academies of Sciences, Engineering,
and Medicine shall issue a report, with the findings of the study
under subsection (a), including any recommendations on statutory
changes regarding evidentiary protections that will increase public
transportation safety.
SEC. 3022. IMPROVED PUBLIC TRANSPORTATION SAFETY MEASURES.
(a) R
EQUIREMENTS
.—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) C
ONSIDERATION
.—In the proposed rulemaking, the Secretary
shall consider—
(1) different safety needs of drivers of different modes;
(2) differences in operating environments;
49 USC 5329
note.
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129 STAT. 1494 PUBLIC LAW 114–94—DEC. 4, 2015
(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 procure-
ments and vehicles currently in revenue service.
(c) S
AVINGS
C
LAUSE
.—Nothing in this section may be construed
as prohibiting the Secretary from issuing different comprehensive
worker protections, including standards for mitigating assaults.
SEC. 3023. PARATRANSIT SYSTEM UNDER FTA APPROVED COORDI-
NATED 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) R
EPORT
.—Not later than 180 days after the date of enact-
ment 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) C
ONTENTS
.—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 deter-
mined 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 commu-
nities.
SEC. 3025. REPORT ON PARKING SAFETY.
(a) S
TUDY
.—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 alter-
native 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 appro-
priate.
(b) R
EPORT
.—Not later than 8 months after the date of enact-
ment of this Act, the Secretary shall submit to the Committee
42 USC 12143
note.
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129 STAT. 1495 PUBLIC LAW 114–94—DEC. 4, 2015
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Banking, Housing, and Urban Affairs
of the Senate a report on the results of the study.
(c) R
ECOMMENDATIONS
.—The Secretary shall include in the
report recommendations to Congress on the best ways to use innova-
tive 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 METRO-
POLITAN AREA TRANSIT AUTHORITY.
(a) D
EFINITIONS
.—In this section, the following definitions
apply:
(1) C
OMPACT
.—The term ‘‘Compact’’ means the Washington
Metropolitan Area Transit Authority Compact (Public Law 89–
774; 80 Stat. 1324).
(2) F
EDERAL 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) T
RANSIT AUTHORITY
.—The term ‘‘Transit Authority’’
means the Washington Metropolitan Area Transit Authority
established under Article III of the Compact.
(b) A
PPOINTMENT BY
S
ECRETARY OF
T
RANSPORTATION
.—
(1) I
N GENERAL
.—For any appointment made on or after
the date of enactment of this Act, the Secretary of Transpor-
tation shall have sole authority to appoint Federal Directors
to the Board of Directors of the Transit Authority.
(2) A
MENDMENT TO COMPACT
.—The signatory parties to
the Compact shall amend the Compact as necessary in accord-
ance 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 serv-
ices;
(2) whether services to low-income riders declined after
MAP–21 was implemented; and
(3) if guidance provided by the Federal Transit Administra-
tion encouraged public transportation agencies to maintain and
support services to low-income riders to allow them to access
jobs, medical services, and other life necessities.
SEC. 3028. AUTHORIZATION OF GRANTS FOR POSITIVE TRAIN CON-
TROL.
(a) I
N
G
ENERAL
.—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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129 STAT. 1496 PUBLIC LAW 114–94—DEC. 4, 2015
the installation of positive train control systems required under
section 20157 of title 49, United States Code.
(b) U
SES
.—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) C
REDIT
A
SSISTANCE
.—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) E
LIGIBLE
R
ECIPIENTS
.—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) P
ROJECT
M
ANAGEMENT
O
VERSIGHT
.—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) S
AVINGS
C
LAUSE
.—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) G
RANTS
F
INANCED
F
ROM
H
IGHWAY
T
RUST
F
UND
.—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 Govern-
ment to pay the Government share of the cost of the project.
(h) A
VAILABILITY OF
A
MOUNTS
.—Notwithstanding subsection (j),
amounts made available under this section shall remain available
until expended.
(i) O
BLIGATION
L
IMITATION
.—Funds made available under this
section shall be subject to obligation limit of section 3018 of the
Federal Public Transportation Act of 2015.
(j) S
UNSET
.—The Secretary of Transportation shall provide the
grants, direct loans, and loan guarantees under subsections (b)
and (c) by September 30, 2018.
SEC. 3029. AMENDMENT TO TITLE 5.
(a) I
N
G
ENERAL
.—Section 5313 of title 5, United States Code,
is amended by adding at the end the following:
‘‘Federal Transit Administrator.’’.
(b) C
ONFORMING
A
MENDMENT
.—Section 5314 of title 5, United
States Code, is amended by striking ‘‘Federal Transit Adminis-
trator.’’.
(c) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall take effect on the first day of the first pay period beginning
on or after the first day of the first fiscal year beginning after
the date of enactment of this Act.
SEC. 3030. TECHNICAL AND CONFORMING CHANGES.
(a) R
EPEAL
.—Section 20008(b) of MAP–21 (49 U.S.C. 5309 note)
is repealed.
(b) R
EPEAL
S
ECTION
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.
49 USC
prec. 5301.
5 USC 5313 note.
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129 STAT. 1497 PUBLIC LAW 114–94—DEC. 4, 2015
(c) R
EPEAL OF
S
ECTION
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) R
EPEAL OF
S
ECTION
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) S
ECTION
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 Transpor-
tation Act of 2012’’ and inserting ‘‘Federal Public Transportation
Act of 2015’’.
(f) S
ECTION
5340.—Section 5340 of title 49, United States Code,
is amended—
(1) by striking subsection (b); and
(2) by inserting the following:
‘‘(b) A
LLOCATION
.—The Secretary shall apportion the amounts
made available under section 5338(b)(2)(N) in accordance with sub-
section (c) and subsection (d).’’.
(g) C
HAPTER
105
OF
T
ITLE
49, U
NITED
S
TATES
C
ODE
.—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 ‘‘sec-
tion 5302’’; and
(2) in paragraph (2)(A), by striking ‘‘mass transportation’’
and inserting ‘‘public transportation’’.
TITLE IV—HIGHWAY TRAFFIC SAFETY
SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.
(a) I
N
G
ENERAL
.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) H
IGHWAY 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) H
IGHWAY 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) N
ATIONAL 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;
49 USC
prec. 5301.
49 USC
prec. 5301.
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129 STAT. 1498 PUBLIC LAW 114–94—DEC. 4, 2015
(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) N
ATIONAL 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) H
IGH
-
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) A
DMINISTRATIVE 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) P
ROHIBITION ON
O
THER
U
SES
.—Except as otherwise pro-
vided 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) A
PPLICABILITY OF
T
ITLE
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) R
EGULATORY
A
UTHORITY
.—Grants awarded under this title
shall be carried out in accordance with regulations issued by the
Secretary.
(e) S
TATE
M
ATCHING
R
EQUIREMENTS
.—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 avail-
able 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) G
RANT
A
PPLICATION AND
D
EADLINE
.—To receive a grant
under chapter 4 of title 23, United States Code, a State shall
23 USC 402 note.
23 USC 402 note.
23 USC 401 note.
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129 STAT. 1499 PUBLIC LAW 114–94—DEC. 4, 2015
submit an application, and the Secretary shall establish a single
deadline for such applications to enable the award of grants early
in the next fiscal year.
SEC. 4002. HIGHWAY SAFETY PROGRAMS.
Section 402 of title 23, United States Code, is amended—
(1) in subsection (a)(2)(A)—
(A) in clause (vi) by striking ‘‘and’’ at the end;
(B) in clause (vii) by inserting ‘‘and’’ after the semi-
colon; 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) S
URVEY
.—A State in which an automated traffic
enforcement system is installed shall expend funds appor-
tioned 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 Oper-
ational 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) R
ESTRICTION
.—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) E
LECTRONIC SUBMISSION
.—The Secretary, in coordina-
tion 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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129 STAT. 1500 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(x) support for school-based driver’s education
classes to improve teen knowledge about—
‘‘(I) safe driving practices; and
‘‘(II) State graduated driving license require-
ments, 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 fol-
lowing:
‘‘(2) F
UNDING
.—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) L
IMITATION ON
D
RUG AND
A
LCOHOL
S
URVEY
D
ATA
.—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) F
EDERAL
S
HARE
.—The Federal share of the cost of any
project or activity carried out under this section may be not more
than 100 percent.’’.
SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM.
(a) I
N
G
ENERAL
.—Section 404 of title 23, United States Code,
is amended to read as follows:
‘‘§ 404. High-visibility enforcement program
‘‘(a) I
N
G
ENERAL
.—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) P
URPOSE
.—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) A
DVERTISING
.—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 popu-
lations, including those who listen to, read, or watch nontraditional
media.
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129 STAT. 1501 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(d) C
OORDINATION
W
ITH
S
TATES
.—The Secretary shall coordi-
nate with States in carrying out the campaigns under this section,
including advertising funded under subsection (c), with consider-
ation 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) U
SE OF
F
UNDS
.—Funds made available to carry out this
section may be used only for activities described in subsection
(c).
‘‘(f) D
EFINITIONS
.—In this section, the following definitions
apply:
‘‘(1) C
AMPAIGN
.—The term ‘campaign’ means a high-visi-
bility traffic safety law enforcement campaign.
‘‘(2) S
TATE
.—The term ‘State’ has the meaning given that
term in section 401.’’.
(b) C
LERICAL
A
MENDMENT
.—The analysis for chapter 4 of title
23, United States Code, is amended by striking the item relating
to section 404 and inserting the following:
‘‘404. High-visibility enforcement program.’’.
SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) G
ENERAL
A
UTHORITY
.—Section 405(a) of title 23, United
States Code, is amended to read as follows:
‘‘(a) G
ENERAL
A
UTHORITY
.—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) O
CCUPANT 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) S
TATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVE
-
MENTS
.—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) I
MPAIRED 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) D
ISTRACTED 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) M
OTORCYCLIST 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)).
23 USC
prec. 401.
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129 STAT. 1502 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(6) S
TATE 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) N
ONMOTORIZED 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 non-
motorized safety (as described in subsection (h)).
‘‘(8) T
RANSFERS
.—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) M
AINTENANCE OF EFFORT
.—
‘‘(A) C
ERTIFICATION
.—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 sub-
sections 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) W
AIVER
.—Upon the request of a State, the Sec-
retary 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) P
OLITICAL SUBDIVISIONS
.—A State may provide the
funds awarded under this section to a political subdivision
of the State or an Indian tribal government.’’.
(b) H
IGH
S
EATBELT
U
SE
R
ATE
.—Section 405(b)(4)(B) of title
23, United States Code, is amended by striking ‘‘75 percent’’ and
inserting ‘‘100 percent’’.
(c) I
MPAIRED
D
RIVING
C
OUNTERMEASURES
.—Section 405(d) of
title 23, United States Code, is amended—
(1) by striking paragraph (4) and inserting the following:
‘‘(4) U
SE OF GRANT AMOUNTS
.—
‘‘(A) R
EQUIRED 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) A
UTHORIZED PROGRAMS
.—Medium-range and low-
range States may use grant funds for—
‘‘(i) any of the purposes described in subparagraph
(A);
‘‘(ii) hiring a full-time or part-time impaired
driving coordinator of the State’s activities to address
the enforcement and adjudication of laws regarding
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129 STAT. 1503 PUBLIC LAW 114–94—DEC. 4, 2015
driving while impaired by alcohol, drugs, or the com-
bination 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 profes-
sionals in handling impaired driving cases, hiring
traffic safety resource prosecutors, hiring judicial out-
reach liaisons, and establishing driving while intoxi-
cated courts;
‘‘(iv) alcohol ignition interlock programs;
‘‘(v) improving blood-alcohol concentration testing
and reporting;
‘‘(vi) paid and earned media in support of high-
visibility enforcement efforts, conducting standardized
field sobriety training, advanced roadside impaired
driving evaluation training, and drug recognition
expert training for law enforcement, and equipment
and related expenditures used in connection with
impaired driving enforcement in accordance with cri-
teria 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 sys-
tems; and
‘‘(x) costs associated with a 24-7 sobriety program.
‘‘(C) O
THER PROGRAMS
.—Low-range States may use
grant funds for any expenditure designed to reduce
impaired driving based on problem identification and may
use not more than 50 percent of funds made available
under this subsection for any project or activity eligible
for funding under section 402. Medium-range and high-
range States may use funds for any expenditure designed
to reduce impaired driving based on problem identification
upon approval by the Secretary.’’;
(2) in paragraph (6)—
(A) by amending the paragraph heading to read as
follows: ‘‘A
DDITIONAL GRANTS
.—’’;
(B) in subparagraph (A) by amending the subparagraph
heading to read as follows: ‘‘G
RANTS 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) G
RANTS TO STATES WITH 24
-
7 SOBRIETY PRO
-
GRAMS
.—The Secretary shall make a separate grant under
this subsection to each State that—
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129 STAT. 1504 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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) F
UNDING
.—
‘‘(i) F
UNDING 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) F
UNDING 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) E
XCEPTIONS
.—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 loca-
tion’’ after ‘‘per day’’; and
(B) in subparagraph (D) by striking the second period
at the end.
(d) D
ISTRACTED
D
RIVING
G
RANTS
.—Section 405(e) of title 23,
United States Code, is amended to read as follows:
‘‘(e) D
ISTRACTED
D
RIVING
G
RANTS
.—
‘‘(1) I
N 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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129 STAT. 1505 PUBLIC LAW 114–94—DEC. 4, 2015
and enacts and enforces a law that meets the requirements
set forth in paragraphs (2) and (3).
‘‘(2) P
ROHIBITION 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 commu-
nication device while stopped in traffic.
‘‘(3) P
ROHIBITION 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 commu-
nication device while stopped in traffic.
‘‘(4) P
ERMITTED EXCEPTIONS
.—A law that meets the require-
ments set forth in paragraph (2) or (3) may provide exceptions
for—
‘‘(A) a driver who uses a personal wireless communica-
tions 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 Sec-
retary through a rulemaking process.
‘‘(5) U
SE OF GRANT FUNDS
.—
‘‘(A) I
N 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 con-
taining 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) F
LEXIBILITY
.—
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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 dis-
tracted driving data to the most recent Model Min-
imum Uniform Crash Criteria published by the
Secretary.
‘‘(6) A
DDITIONAL DISTRACTED DRIVING GRANTS
.—
‘‘(A) I
N 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 sec-
ondary 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) U
SE OF GRANT FUNDS
.—
‘‘(i) I
N 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 informa-
tion and awareness purposes.
‘‘(ii) F
ISCAL 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) F
ISCAL 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 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(7) A
LLOCATION TO SUPPORT STATE DISTRACTED DRIVING
LAWS
.—Of the amounts available under this subsection in a
fiscal year for distracted driving grants, the Secretary may
expend not more than $5,000,000 for the development and
placement of broadcast media to reduce distracted driving of
motor vehicles.
‘‘(8) G
RANT AMOUNT
.—The allocation of grant funds to a
State under this subsection for a fiscal year shall be in propor-
tion to the State’s apportionment under section 402 for fiscal
year 2009.
‘‘(9) D
EFINITIONS
.—In this subsection, the following defini-
tions apply:
‘‘(A) D
RIVING
.—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) P
ERSONAL WIRELESS COMMUNICATIONS DEVICE
.—
The term ‘personal wireless communications device’—
‘‘(i) means a device through which personal wire-
less 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) P
RIMARY 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) P
UBLIC ROAD
.—The term ‘public road’ has the
meaning given such term in section 402(c).
‘‘(E) T
EXTING
.—The term ‘texting’ means reading from
or manually entering data into a personal wireless commu-
nications 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) M
OTORCYCLIST
S
AFETY
.—Section 405(f) of title 23, United
States Code, is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) G
RANT AMOUNT
.—The allocation of grant funds to a
State under this subsection for a fiscal year shall be in propor-
tion 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) F
LEXIBILITY
.—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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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) S
HARE
-
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 lan-
guage, 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) M
INIMUM
R
EQUIREMENTS FOR
S
TATE
G
RADUATED
D
RIVER
L
ICENSING
I
NCENTIVE
G
RANT
P
ROGRAM
.—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) L
ICENSING PROCESS
.—A State is in compliance
with the 2-stage licensing process described in this subpara-
graph 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 edu-
cation or training course; or
‘‘(bb) obtain at least 50 hours of behind-
the-wheel training, with at least 10 hours at
night, with a licensed driver; and
‘‘(VI) remains in effect until the driver—
‘‘(aa) reaches 16 years of age and enters
the intermediate stage; or
‘‘(bb) reaches 18 years of age;
‘‘(ii) an intermediate stage that—
‘‘(I) commences immediately after the expira-
tion 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 per-
sonal 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 prohibi-
tion a primary offense;
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129 STAT. 1509 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 pas-
senger 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 indi-
vidual 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) S
PECIAL 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) N
ONMOTORIZED
S
AFETY
.—Section 405 of title 23, United
States Code, is amended by adding at the end the following:
‘‘(h) N
ONMOTORIZED
S
AFETY
.—
‘‘(1) G
ENERAL 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) F
EDERAL 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) E
LIGIBILITY
.—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) U
SE 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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129 STAT. 1510 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(B) enforcement mobilizations and campaigns
designed to enforce State traffic laws applicable to pedes-
trian 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) G
RANT AMOUNT
.—The allocation of grant funds to a
State under this subsection for a fiscal year shall be in propor-
tion 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) T
RACKING
P
ROCESS
.—The Secretary shall develop a process
to identify and mitigate possible systemic issues across States and
regional offices by reviewing oversight findings and recommended
actions identified in triennial State management reviews.’’.
SEC. 4007. STOP MOTORCYCLE CHECKPOINT FUNDING.
Notwithstanding section 153 of title 23, United States Code,
the Secretary may not provide a grant or any funds to a State,
county, town, township, Indian tribe, municipality, or other local
government that may be used for any program—
(1) to check helmet usage; or
(2) to create checkpoints that specifically target motorcycle
operators or motorcycle passengers.
SEC. 4008. MARIJUANA-IMPAIRED DRIVING.
(a) S
TUDY
.—The Secretary, in consultation with the heads of
other Federal agencies as appropriate, shall conduct a study on
marijuana-impaired driving.
(b) I
SSUES
T
O
B
E
E
XAMINED
.—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 impair-
ment 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) R
EPORT
.—
(1) I
N 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 Com-
mittee 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) C
ONTENTS
.—The report shall include, at a minimum,
the following:
(A) F
INDINGS
.—The findings of the Secretary based
on the study, including, at a minimum, the following:
23 USC 153 note.
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129 STAT. 1511 PUBLIC LAW 114–94—DEC. 4, 2015
(i) An assessment of methodologies and tech-
nologies for measuring driver impairment resulting
from the use of marijuana, including the use of mari-
juana 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) R
ECOMMENDATIONS
.—The recommendations of the
Secretary based on the study, including, at a minimum,
the following:
(i) Effective and efficient methods for training law
enforcement personnel, including drug recognition
experts, to detect or measure the level of impairment
of a motor vehicle operator who is under the influence
of marijuana by the use of technology or otherwise.
(ii) If feasible, an impairment standard for driving
under the influence of marijuana.
(iii) Methodologies for increased data collection
regarding the prevalence and effects of marijuana-
impaired driving.
(d) M
ARIJUANA
D
EFINED
.—In this section, the term ‘‘marijuana’’
includes all substances containing tetrahydrocannabinol.
SEC. 4009. INCREASING PUBLIC AWARENESS OF THE DANGERS OF
DRUG-IMPAIRED DRIVING.
(a) A
DDITIONAL
A
CTIONS
.—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) R
EPORT
.—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 Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives a report that describes the additional actions under-
taken by the Administration pursuant to subsection (a).
SEC. 4010. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGI-
BILITY.
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;
23 USC 405 note.
23 USC 402 note.
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129 STAT. 1512 PUBLIC LAW 114–94—DEC. 4, 2015
(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) U
SE OF
G
RANT
F
UNDS
.—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 ‘‘A
UTHORIZA
-
TION OF
A
PPROPRIATIONS
’’ and inserting ‘‘F
UNDING
’’;
(B) by striking paragraph (1) and inserting the fol-
lowing:
‘‘(1) I
N 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) O
THER 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 obli-
gated during such fiscal year.’’.
SEC. 4012. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL
AND DRUG USE BY DRIVERS.
Not later than 180 days after the date on which the Comptroller
General of the United States reviews and reports on the overall
value of the National Roadside Survey to researchers and other
public safety stakeholders, the differences between a National Road-
side Survey site and typical law enforcement checkpoints, and the
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129 STAT. 1513 PUBLIC LAW 114–94—DEC. 4, 2015
effectiveness of the National Roadside Survey methodology at pro-
tecting the privacy of the driving public, as requested by the Com-
mittee 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 Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives that—
(1) identifies any legal and technical barriers to capturing
adequate data on the prevalence of the use of wireless commu-
nications devices while driving; and
(2) provides recommendations on how to address such bar-
riers.
SEC. 4014. TECHNICAL CORRECTIONS.
Title 23, United States Code, is amended as follows:
(1) Section 402 is amended—
(A) in subsection (b)(1)—
(i) in subparagraph (C) by striking ‘‘paragraph (3)’’
and inserting ‘‘paragraph (2)’’; and
(ii) in subparagraph (E)—
(I) by striking ‘‘in which’’ and inserting ‘‘for
which’’; and
(II) by striking ‘‘under subsection (f)’’ and
inserting ‘‘under subsection (k)’’; and
(B) in subsection (k)(5), as redesignated by this Act,
by striking ‘‘under paragraph (2)(A)’’ and inserting ‘‘under
paragraph (3)(A)’’.
(2) Section 403(e) is amended by striking ‘‘chapter 301’’
and inserting ‘‘chapter 301 of title 49’’.
(3) Section 405 is amended—
(A) in subsection (d)—
(i) in paragraph (5) by striking ‘‘under section
402(c)’’ and inserting ‘‘under section 402’’; and
(ii) in paragraph (6)(D), as redesignated by this
Act, by striking ‘‘on the basis of the apportionment
formula set forth in section 402(c)’’ and inserting ‘‘in
proportion to the State’s apportionment under section
402 for fiscal year 2009’’; and
(B) in subsection (f)(4)(A)(iv)—
(i) by striking ‘‘such as the’’ and inserting
‘‘including’’; and
(ii) by striking ‘‘developed under subsection (g)’’.
SEC. 4015. EFFECTIVE DATE FOR CERTAIN PROGRAMS.
Notwithstanding any other provision of this Act, except for
the technical corrections in section 4014, the amendments made
by this Act to sections 164, 402, and 405 of title 23, United States
Code, shall be effective on October 1, 2016.
23 USC 164 note.
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129 STAT. 1514 PUBLIC LAW 114–94—DEC. 4, 2015
TITLE V—MOTOR CARRIER SAFETY
Subtitle A—Motor Carrier Safety Grant
Consolidation
SEC. 5101. GRANTS TO STATES.
(a) M
OTOR
C
ARRIER
S
AFETY
A
SSISTANCE
P
ROGRAM
.—Section
31102 of title 49, United States Code, is amended to read as
follows:
‘‘§ 31102. Motor carrier safety assistance program
‘‘(a) I
N
G
ENERAL
.—The Secretary of Transportation shall admin-
ister a motor carrier safety assistance program funded under section
31104.
‘‘(b) G
OAL
.—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 part-
nership 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 commer-
cial 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, commer-
cial motor vehicle, and driver safety regulations and practices
consistent with Federal requirements; and
‘‘(4) assessing and improving statewide performance by set-
ting program goals and meeting performance standards, meas-
ures, and benchmarks.
‘‘(c) S
TATE
P
LANS
.—
‘‘(1) I
N GENERAL
.—In carrying out the program, the Sec-
retary shall prescribe procedures for a State to submit a mul-
tiple-year plan, and annual updates thereto, under which the
State agrees to assume responsibility for improving motor car-
rier safety by adopting and enforcing State regulations, stand-
ards, and orders that are compatible with the regulations,
standards, and orders of the Federal Government on commer-
cial motor vehicle safety and hazardous materials transpor-
tation safety.
‘‘(2) C
ONTENTS
.—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 PUBLIC LAW 114–94—DEC. 4, 2015
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 sec-
tion 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 inves-
tigations 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 Govern-
ment and the State;
‘‘(I) provides that the State will grant maximum reci-
procity for inspections conducted under the North American
Inspection Standards through the use of a nationally
accepted system that allows ready identification of pre-
viously 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 develop-
ment 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 collec-
tion, 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 appro-
priate 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 regu-
lations 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 commer-
cial motor vehicle drivers from the highways of the
United States through adequate enforcement of regula-
tions on the use of alcohol and controlled substances
and by ensuring ready roadside access to alcohol detec-
tion and measuring equipment;
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129 STAT. 1516 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 commer-
cial 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 Com-
prehensive 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 dedi-
cated 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 sanc-
tions;
‘‘(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 noncommer-
cial motor vehicles and commercial motor vehicles informa-
tion on best practices for driving safely in the vicinity
of noncommercial and commercial motor vehicles;
‘‘(U) provides that the State will enforce the registra-
tion requirements of sections 13902 and 31134 by prohib-
iting 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 loca-
tions 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 pas-
sengers 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 PUBLIC LAW 114–94—DEC. 4, 2015
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 defi-
ciencies 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 Sec-
retary 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 pro-
gram funds authorized under section 31104(a)(1).
‘‘(3) P
UBLICATION
.—
‘‘(A) I
N GENERAL
.—Subject to subparagraph (B), the
Secretary shall publish each approved State multiple-year
plan, and each annual update thereto, on a publically acces-
sible Internet Web site of the Department of Transportation
not later than 30 days after the date the Secretary approves
the plan or update.
‘‘(B) L
IMITATION
.—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 proce-
dures that would reasonably be expected to risk cir-
cumvention of the law.
‘‘(d) E
XCLUSION OF
U.S. T
ERRITORIES
.—The requirement that
a State conduct safety audits of new entrant motor carriers under
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129 STAT. 1518 PUBLIC LAW 114–94—DEC. 4, 2015
subsection (c)(2)(Y) does not apply to a territory of the United
States unless required by the Secretary.
‘‘(e) I
NTRASTATE
C
OMPATIBILITY
.—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 regu-
lations 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) M
AINTENANCE OF
E
FFORT
.—
‘‘(1) B
ASELINE
.—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) A
DJUSTED BASELINE AFTER FISCAL YEAR 2017
.—At the
request of a State, the Secretary may evaluate additional docu-
mentation 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 alloca-
tion formula under section 5106 of the FAST Act, and this
adjusted baseline will replace the maintenance of effort require-
ment under paragraph (1).
‘‘(3) W
AIVERS
.—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) L
EVEL 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) U
SE OF
U
NIFIED
C
ARRIER
R
EGISTRATION
F
EES
A
GREE
-
MENT
.—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 mainte-
nance of effort required by subsection (f).
‘‘(h) U
SE OF
G
RANTS
T
O
E
NFORCE
O
THER
L
AWS
.—When
approved as part of a State’s plan under subsection (c), the State
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129 STAT. 1519 PUBLIC LAW 114–94—DEC. 4, 2015
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 regula-
tions, for—
‘‘(A) enforcement of commercial motor vehicle size and
weight limitations at locations, excluding fixed-weight
facilities, such as near steep grades or mountainous ter-
rains, 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 commer-
cial 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 activi-
ties 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) E
VALUATION OF
P
LANS AND
A
WARD OF
G
RANTS
.—
‘‘(1) A
WARDS
.—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) O
PPORTUNITY 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) A
LLOCATION OF
F
UNDS
.—
‘‘(1) I
N GENERAL
.—The Secretary, by regulation, shall pre-
scribe allocation criteria for funds made available under section
31104(a)(1).
‘‘(2) A
NNUAL 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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129 STAT. 1520 PUBLIC LAW 114–94—DEC. 4, 2015
plans approved under this section in accordance with the cri-
teria prescribed under paragraph (1).
‘‘(3) E
LECTIVE ADJUSTMENTS
.—Subject to the availability
of funding and notwithstanding fluctuations in the data ele-
ments 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 with-
holding provisions of subsection (k).
‘‘(k) P
LAN
M
ONITORING
.—
‘‘(1) I
N 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) W
ITHHOLDING OF FUNDS
.—
‘‘(A) D
ISAPPROVAL
.—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 regula-
tions, standards, or orders described in subsection (c)(1),
or the State is otherwise not in compliance with the require-
ments 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) N
ONCOMPLIANCE WITHHOLDING
.—In lieu of with-
drawing 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 non-
compliance;
‘‘(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 noncompli-
ance.
‘‘(3) J
UDICIAL 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 jurisdic-
tion in an administrative or a judicial proceeding that com-
menced before the notice of disapproval or withholding if the
issues involved are not related directly to the reasons for the
disapproval or withholding.
‘‘(l) H
IGH
P
RIORITY
P
ROGRAM
.—
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129 STAT. 1521 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) I
N GENERAL
.—The Secretary shall administer a high
priority program funded under section 31104(a)(2) for the pur-
poses described in paragraphs (2) and (3).
‘‘(2) A
CTIVITIES RELATED TO MOTOR CARRIER SAFETY
.—The
Secretary may make discretionary grants to and enter into
cooperative agreements with States, local governments, feder-
ally 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 haz-
ardous materials;
‘‘(D) improve safe transportation of goods and persons
in foreign commerce;
‘‘(E) demonstrate new technologies to improve commer-
cial motor vehicle safety;
‘‘(F) support participation in performance and registra-
tion 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 compli-
ance 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) I
NNOVATIVE TECHNOLOGY DEPLOYMENT GRANT PRO
-
GRAM
.—
‘‘(A) I
N 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) P
URPOSES
.—The purposes of the program shall
be—
‘‘(i) to advance the technological capability and
promote the deployment of intelligent transportation
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129 STAT. 1522 PUBLIC LAW 114–94—DEC. 4, 2015
system applications for commercial motor vehicle oper-
ations, 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 commer-
cial motor vehicle operations and Federal and
State commercial motor vehicle regulatory require-
ments.
‘‘(C) E
LIGIBILITY
.—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 net-
works 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 procure-
ment, software and system development, and infra-
structure 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 devel-
oped by the Federal Motor Carrier Safety Administra-
tion to verify that its systems conform with the
national intelligent transportation systems architec-
ture, applicable standards, and protocols for commer-
cial motor vehicle information systems and networks.
‘‘(D) U
SE OF FUNDS
.—Grant funds received under this
paragraph may be used—
‘‘(i) for deployment activities and activities to
develop new and innovative advanced technology solu-
tions that support commercial motor vehicle informa-
tion systems and networks;
‘‘(ii) for planning activities, including the develop-
ment 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 asso-
ciated with innovative technology.
‘‘(E) S
ECRETARY AUTHORIZATION
.—The Secretary is
authorized to award a State funding for the operation
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129 STAT. 1523 PUBLIC LAW 114–94—DEC. 4, 2015
and maintenance costs associated with innovative tech-
nology deployment with funds made available under sec-
tions 31104(a)(1) and 31104(a)(2).’’.
(b) C
OMMERCIAL
M
OTOR
V
EHICLE
O
PERATORS
G
RANT
P
RO
-
GRAM
.—Section 31103 of title 49, United States Code, is amended
to read as follows:
‘‘§ 31103. Commercial motor vehicle operators grant program
‘‘(a) I
N
G
ENERAL
.—The Secretary shall administer a commercial
motor vehicle operators grant program funded under section 31104.
‘‘(b) P
URPOSE
.—The purpose of the grant program is to train
individuals in the safe operation of commercial motor vehicles (as
defined in section 31301).
‘‘(c) V
ETERANS
.—In administering grants under this section,
the Secretary shall award priority to grant applications for pro-
grams to train former members of the armed forces (as defined
in section 101 of title 10) in the safe operation of such vehicles.’’.
(c) A
UTHORIZATION OF
A
PPROPRIATIONS
.—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) F
INANCIAL
A
SSISTANCE
P
ROGRAMS
.—The following sums
are authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account):
‘‘(1) M
OTOR 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) H
IGH PRIORITY ACTIVITIES PROGRAM
.—Subject to sub-
section (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) C
OMMERCIAL MOTOR VEHICLE OPERATORS GRANT PRO
-
GRAM
.—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) C
OMMERCIAL DRIVER
’
S LICENSE PROGRAM IMPLEMENTA
-
TION 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) R
EIMBURSEMENT AND
P
AYMENT TO
R
ECIPIENTS FOR
G
OVERNMENT
S
HARE OF
C
OSTS
.—
‘‘(1) I
N GENERAL
.—Amounts made available under sub-
section (a) shall be used to reimburse financial assistance recipi-
ents proportionally for the Federal Government’s share of the
costs incurred.
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129 STAT. 1524 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(2) R
EIMBURSEMENT 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) V
OUCHERS
.—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) D
EDUCTIONS FOR
P
ARTNER
T
RAINING AND
P
ROGRAM
S
UP
-
PORT
.—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) G
RANTS AND
C
OOPERATIVE
A
GREEMENTS AS
C
ONTRACTUAL
O
BLIGATIONS
.—The approval of a financial assistance agreement
by the Secretary under section 31102, 31103, or 31313 is a contrac-
tual obligation of the Federal Government for payment of the Fed-
eral Government’s share of costs in carrying out the provisions
of the grant or cooperative agreement.
‘‘(e) E
LIGIBLE
A
CTIVITIES
.—The Secretary shall establish criteria
for eligible activities to be funded with financial assistance agree-
ments under this section and publish those criteria in a notice
of funding availability before the financial assistance program
application period.
‘‘(f) P
ERIOD OF
A
VAILABILITY OF
F
INANCIAL
A
SSISTANCE
A
GREE
-
MENT
F
UNDS FOR
R
ECIPIENT
E
XPENDITURES
.—The period of avail-
ability 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 agree-
ment 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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129 STAT. 1525 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(g) C
ONTRACT
A
UTHORITY
; I
NITIAL
D
ATE OF
A
VAILABILITY
.—
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) A
VAILABILITY OF
F
UNDING
.—Amounts made available under
this section shall remain available until expended.
‘‘(i) R
EALLOCATION
.—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) C
LERICAL
A
MENDMENT
.—The analysis for chapter 311 of
title 49, United States Code, is amended by striking the items
relating to sections 31102, 31103, and 31104 and inserting the
following:
‘‘31102. Motor carrier safety assistance program.
‘‘31103. Commercial motor vehicle operators grant program.
‘‘31104. Authorization of appropriations.’’.
(e) C
ONFORMING
A
MENDMENTS
.—
(1) S
AFETY 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) I
NFORMATION SYSTEMS
;
PERFORMANCE AND REGISTRA
-
TION INFORMATION PROGRAM
.—Section 31106(b) of title 49,
United States Code, is amended by striking paragraph (4).
(3) B
ORDER 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) P
ERFORMANCE 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) C
OMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET
-
WORKS 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) S
AFETY 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) G
RANT 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) M
AINTENANCE OF EFFORT AS CONDITION ON GRANTS TO
STATES
.—Section 103(c) of the Motor Carrier Safety Improve-
ment Act of 1999 (49 U.S.C. 31102 note) is repealed.
(9) S
TATE 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) B
ORDER STAFFING STANDARDS
.—Section 218(d) of the
Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133
note) is amended—
49 USC
prec. 31100.
49 USC
prec. 31100.
49 USC
prec. 31100.
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129 STAT. 1526 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) W
INTER HOME HEATING OIL DELIVERY STATE FLEXI
-
BILITY 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) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall take effect on October 1, 2016.
(g) T
RANSITION
.—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 SYS-
TEMS MANAGEMENT.
Section 31106(b) of title 49, United States Code, is amended
in the subsection heading by striking ‘‘P
ROGRAM
’’ and inserting
‘‘S
YSTEMS
M
ANAGEMENT
’’.
SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.
(a) I
N
G
ENERAL
.—Subchapter I of chapter 311 of title 49, United
States Code, is amended by adding at the end the following:
‘‘§ 31110. Authorization of appropriations
‘‘(a) A
DMINISTRATIVE
E
XPENSES
.—There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the Secretary of Transportation to pay adminis-
trative expenses of the Federal Motor Carrier Safety Administra-
tion—
‘‘(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) U
SE OF
F
UNDS
.—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 manage-
ment 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.
49 USC 31110.
49 USC 31102
note.
49 USC 31102
note.
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129 STAT. 1527 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(c) O
UTREACH AND
E
DUCATION
P
ROGRAM
.—
‘‘(1) I
N 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) F
EDERAL 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) F
UNDING
.—From amounts made available under sub-
section (a), the Secretary shall make available not more than
$4,000,000 each fiscal year to carry out this subsection.
‘‘(d) C
ONTRACT
A
UTHORITY
; I
NITIAL
D
ATE OF
A
VAILABILITY
.—
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) F
UNDING
A
VAILABILITY
.—Amounts made available under
this section shall remain available until expended.
‘‘(f) C
ONTRACTUAL
O
BLIGATION
.—The approval of funds by the
Secretary under this section is a contractual obligation of the Fed-
eral Government for payment of the Federal Government’s share
of costs.’’.
(b) C
LERICAL
A
MENDMENT
.—The analysis for chapter 311 of
title 49, United States Code, is amended by adding at the end
of the items relating to subchapter I the following:
‘‘31110. Authorization of appropriations.’’.
(c) C
ONFORMING
A
MENDMENTS
.—
(1) A
DMINISTRATIVE EXPENSES
;
AUTHORIZATION OF APPRO
-
PRIATIONS
.—Section 31104 of title 49, United States Code, is
amended—
(A) by striking subsection (i); and
(B) by redesignating subsections (j) and (k) as sub-
sections (i) and (j), respectively.
(2) U
SE 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) I
NTERNATIONAL 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 IMPLEMENTA-
TION.
(a) I
N
G
ENERAL
.—Section 31313 of title 49, United States Code,
is amended to read as follows:
‘‘§ 31313. Commercial driver’s license program implementa-
tion financial assistance program
‘‘(a) F
INANCIAL
A
SSISTANCE
P
ROGRAM
.—
49 USC 3100
note.
49 USC 3100.
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129 STAT. 1528 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) I
N 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) S
TATE 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 require-
ments of section 31311; and
‘‘(B) in the case of a State that is making a good
faith effort toward substantial compliance with the require-
ments of section 31311, to improve the State’s implementa-
tion 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 stand-
ards developed under section 32303(b) of the Commer-
cial Motor Vehicle Safety Enhancement Act of 2012
(49 U.S.C. 31304 note).
‘‘(3) P
RIORITY 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 edu-
cation, 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 cir-
cumstances;
‘‘(C) address emerging issues relating to commercial
driver’s license improvements;
‘‘(D) support innovative ideas and solutions to commer-
cial driver’s license program issues; or
‘‘(E) address other commercial driver’s license issues,
as determined by the Secretary.
‘‘(b) P
ROHIBITIONS
.—A recipient may not use financial assist-
ance funds awarded under this section to rent, lease, or buy land
or buildings.
‘‘(c) R
EPORT
.—The Secretary shall issue an annual report on
the activities carried out under this section.
‘‘(d) A
PPORTIONMENT
.—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) F
UNDING
.—For fiscal years beginning after September 30,
2016, this section shall be funded under section 31104.’’.
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129 STAT. 1529 PUBLIC LAW 114–94—DEC. 4, 2015
(b) C
LERICAL
A
MENDMENT
.—The analysis for chapter 313 of
title 49, United States Code, is amended by striking the item
relating to section 31313 and inserting the following:
‘‘31313. Commercial driver’s license program implementation financial assistance
program.’’.
SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY PRO-
GRAMS FOR FISCAL YEAR 2016.
(a) M
OTOR
C
ARRIER
S
AFETY
A
SSISTANCE
P
ROGRAM
G
RANT
E
XTENSION
.—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) E
XTENSION OF
G
RANT
P
ROGRAMS
.—Section 4101(c) of
SAFETEA–LU (119 Stat. 1715; Public Law 109–59) is amended
to read as follows:
‘‘(c) A
UTHORIZATION OF
A
PPROPRIATIONS
.—The following sums
are authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account):
‘‘(1) C
OMMERCIAL DRIVER
’
S LICENSE PROGRAM IMPROVEMENT
GRANTS
.—For carrying out the commercial driver’s license pro-
gram improvement grants program under section 31313 of title
49, United States Code, $30,000,000 for fiscal year 2016.
‘‘(2) B
ORDER ENFORCEMENT GRANTS
.—For border enforce-
ment grants under section 31107 of that title $32,000,000 for
fiscal year 2016.
‘‘(3) P
ERFORMANCE AND REGISTRATION INFORMATION SYS
-
TEMS 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) C
OMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET
-
WORKS 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) S
AFETY DATA IMPROVEMENT GRANTS
.—For safety data
improvement grants under section 4128 of this Act $3,000,000
for fiscal year 2016.’’.
(c) H
IGH
-P
RIORITY
A
CTIVITIES
.—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) N
EW
E
NTRANT
A
UDITS
.—Section 31144(g)(5)(B) of title 49,
United States Code, is amended to read as follows:
‘‘(B) S
ET 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) G
RANT
P
ROGRAM FOR
C
OMMERCIAL
M
OTOR
V
EHICLE
O
PERA
-
TORS
.—Section 4134(c) of SAFETEA–LU (49 U.S.C. 31301 note)
is amended to read as follows:
‘‘(c) F
UNDING
.—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) C
OMMERCIAL
V
EHICLE
I
NFORMATION
S
YSTEMS AND
N
ET
-
WORKS
D
EPLOYMENT
.—
49 USC
prec. 31301.
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129 STAT. 1530 PUBLIC LAW 114–94—DEC. 4, 2015
(1) I
N 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 activi-
ties, including the development or updating of program
or top level design plans.’’; and
(B) in subsection (d)(4) by adding at the end the fol-
lowing: ‘‘Funds may also be used for planning activities,
including the development or updating of program or top
level design plans.’’.
(2) I
NNOVATIVE 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 pro-
gram.
SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ALLOCA-
TION.
(a) W
ORKING
G
ROUP
.—
(1) E
STABLISHMENT
.—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) M
EMBERSHIP
.—
(A) I
N GENERAL
.—Subject to subparagraph (B), the
working group shall consist of representatives of the fol-
lowing:
(i) The Federal Motor Carrier Safety Administra-
tion.
(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) C
OMPOSITION
.—Representatives of State commer-
cial motor vehicle safety agencies shall comprise at least
51 percent of the membership.
(3) N
EW 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) R
ECOMMENDATION
.—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 Sec-
retary regarding a new allocation formula for the motor carrier
safety assistance program.
49 USC 31102
note.
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129 STAT. 1531 PUBLIC LAW 114–94—DEC. 4, 2015
(5) E
XEMPTION
.—The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the working group established
under this subsection.
(6) P
UBLICATION
.—The Administrator of the Federal Motor
Carrier Safety Administration shall publish on a publicly acces-
sible 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) N
OTICE OF
P
ROPOSED
R
ULEMAKING
.—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) B
ASIS FOR
F
ORMULA
.—The Secretary shall ensure that the
new allocation formula for the motor carrier safety assistance pro-
gram 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) F
UNDING
A
MOUNTS
P
RIOR TO
D
EVELOPMENT OF
N
EW
A
LLOCATION
F
ORMULA
.—
(1) I
NTERIM 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) A
DJUSTMENTS
.—Subject to the availability of funding
and notwithstanding fluctuations in the data elements used
by the Secretary, the initial amounts resulting from the calcula-
tion 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) I
MMEDIATE 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) F
UTURE WITHHOLDINGS
.—Beginning on the date that
the new allocation formula for the motor carrier safety assist-
ance 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) T
ERMINATION OF
W
ORKING
G
ROUP
.—The working group
established under subsection (a) shall terminate on the date of
the implementation of the new allocation formula for the motor
carrier safety assistance program.
SEC. 5107. MAINTENANCE OF EFFORT CALCULATION.
(a) B
EFORE
N
EW
A
LLOCATION
F
ORMULA
.—
(1) F
ISCAL YEAR 2017
.—If a new allocation formula for the
motor carrier safety assistance program has not been estab-
lished 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) S
UBSEQUENT FISCAL YEARS
.—The Secretary may use
the methodology for calculating the maintenance of effort base-
line specified in paragraph (1) for fiscal year 2018 and subse-
quent fiscal years if a new allocation formula for the motor
carrier safety assistance program has not been established for
that fiscal year.
(b) B
EGINNING
W
ITH
N
EW
A
LLOCATION
F
ORMATION
.—
(1) I
N 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 deter-
mines that a waiver or modification—
(A) is equitable due to reasonable circumstances;
49 USC 31102
note.
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129 STAT. 1533 PUBLIC LAW 114–94—DEC. 4, 2015
(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) A
DJUSTMENT 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 enact-
ment 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 subpara-
graph (A); or
(ii) if the number is not greater than 0, the Sec-
retary shall calculate the maintenance of effort using
the methodology in subparagraph (A).
(3) M
AINTENANCE OF EFFORT AMOUNT
.—
(A) I
N 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) D
EADLINE
.—If a State does not request a waiver
or modification under this subsection before September
30 during the first fiscal year that the Secretary imple-
ments 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) M
AINTENANCE 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) T
ERMINATION OF
E
FFECTIVENESS
.—The authority of the Sec-
retary 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’’.
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) R
EGULATORY
I
MPACT
A
NALYSIS
.—
‘‘(1) I
N 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) S
COPE
.—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) P
UBLIC
P
ARTICIPATION
.—
‘‘(1) I
N 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) R
EQUIREMENTS
.—Each advance notice of proposed rule-
making 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 ana-
lyzing 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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129 STAT. 1535 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(3) W
AIVER
.—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) R
ULE OF
C
ONSTRUCTION
.—Nothing in subsection (f) or (g)
may be construed to limit the contents of an advance notice of
proposed rulemaking.’’.
SEC. 5203. GUIDANCE.
(a) I
N
G
ENERAL
.—
(1) D
ATE OF ISSUANCE AND POINT OF CONTACT
.—Each guid-
ance 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) P
UBLIC ACCESSIBILITY
.—
(A) I
N 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) R
EDACTION
.—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) I
NCORPORATION 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) R
EISSUANCE
.—If a guidance document is not incor-
porated into regulations in accordance with paragraph (3), the
Administrator shall—
(A) reissue an updated version of the guidance docu-
ment; and
(B) review and reissue an updated version of the guid-
ance document every 5 years until the date on which the
guidance document is removed or incorporated into
applicable regulations.
(b) I
NITIAL
R
EVIEW
.—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 Administra-
tion 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) R
EGULAR
R
EVIEW
.—
(1) I
N GENERAL
.—Subject to paragraph (2), not less than
once every 5 years, the Administrator shall conduct a com-
prehensive review of the guidance documents issued by the
Federal Motor Carrier Safety Administration to determine
whether such documents are—
(A) consistent and clear;
49 USC 113 note.
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129 STAT. 1536 PUBLIC LAW 114–94—DEC. 4, 2015
(B) uniformly and consistently enforced; and
(C) still necessary.
(2) N
OTICE 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) R
EPORT
.—
(A) I
N 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) C
ONTENTS
.—A report under subparagraph (A) shall
include a summary of the response of the Administration
to comments received under paragraph (2).
(d) G
UIDANCE
D
OCUMENT
D
EFINED
.—In this section, the term
‘‘guidance document’’ means a document issued by the Federal
Motor Carrier Safety Administration that—
(1) provides an interpretation of a regulation of the
Administration; or
(2) includes an enforcement policy of the Administration
available to the public.
SEC. 5204. PETITIONS.
(a) I
N
G
ENERAL
.—The Administrator of the Federal Motor Car-
rier 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 peti-
tion’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) T
REATMENT OF
M
ULTIPLE
P
ETITIONS
.—The Administrator
may treat multiple similar petitions as a single petition for the
purposes of subsection (a).
(c) P
ETITION
D
EFINED
.—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;
49 USC 113 note.
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129 STAT. 1537 PUBLIC LAW 114–94—DEC. 4, 2015
(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 Adminis-
tration shall revise the regulations under part 385 of title 49,
Code of Federal Regulations, as necessary, to incorporate by ref-
erence the certification standards for roadside inspectors issued
by the Commercial Vehicle Safety Alliance.
SEC. 5206. APPLICATIONS.
(a) R
EVIEW
P
ROCESS
.—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 para-
graphs (4) through (9), respectively; and
(3) by inserting after paragraph (1) the following:
‘‘(2) L
ENGTH OF EXEMPTION AND RENEWAL
.—An exemption
may be granted under paragraph (1) for no longer than 5
years and may be renewed, upon request, for subsequent 5-
year periods if the Secretary continues to make the finding
under paragraph (1).
‘‘(3) O
PPORTUNITY 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) A
DMINISTRATIVE
E
XEMPTIONS
.—
(1) I
N 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) A
DDITIONAL ADMINISTRATIVE EXEMPTIONS
.—Any exemp-
tion 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.
49 USC 31315
note.
49 USC 31148
note.
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129 STAT. 1538 PUBLIC LAW 114–94—DEC. 4, 2015
PART II—COMPLIANCE, SAFETY,
ACCOUNTABILITY REFORM
SEC. 5221. CORRELATION STUDY.
(a) I
N
G
ENERAL
.—The Administrator of the Federal Motor Car-
rier Safety Administration (referred to in this part as the ‘‘Adminis-
trator’’) 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) S
COPE OF
S
TUDY
.—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 percent-
iles 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 prob-
lems 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 car-
riers of freight;
(G) the differences in the rates at which safety viola-
tions are reported to the Federal Motor Carrier Safety
Administration for inclusion in the SMS by various enforce-
ment 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
49 USC 31100
note.
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129 STAT. 1539 PUBLIC LAW 114–94—DEC. 4, 2015
(C) the recommendations and findings of the Comp-
troller 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) R
EPORT
.—Not later than 18 months after the date of enact-
ment 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 Infrastruc-
ture 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) C
ORRECTIVE
A
CTION
P
LAN
.—
(1) I
N 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 Adminis-
trator shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representa-
tives a corrective action plan that—
(A) responds to the deficiencies or opportunities identi-
fied by the report;
(B) identifies how the Federal Motor Carrier Safety
Administration will address such deficiencies or opportuni-
ties; and
(C) provides an estimate of the cost, including with
respect to changes in staffing, enforcement, and data collec-
tion, necessary to address such deficiencies or opportuni-
ties.
(2) P
ROGRAM REFORMS
.—The corrective action plan sub-
mitted under paragraph (1) shall include an implementation
plan that—
(A) includes benchmarks;
(B) includes programmatic reforms, revisions to regula-
tions, 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) I
NSPECTOR
G
ENERAL
R
EVIEW
.—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 Comp-
troller 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 Transpor-
tation 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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129 STAT. 1540 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 5222. BEYOND COMPLIANCE.
(a) I
N
G
ENERAL
.—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) I
MPLEMENTATION
.—The Administrator shall carry out sub-
section (a) by—
(1) incorporating a methodology into the CSA program;
or
(2) establishing a safety BASIC in the SMS.
(c) P
ROCESS
.—
(1) I
N 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, tech-
nologies, 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) C
ONTENTS
.—A process developed under paragraph (1)
shall—
(A) provide for a petition process for reviewing
advanced safety equipment, enhanced driver fitness meas-
ures, fleet safety management tools, technologies, and pro-
grams, and other standards; and
(B) seek input and participation from industry stake-
holders, including commercial motor vehicle drivers, tech-
nology manufacturers, vehicle manufacturers, motor car-
riers, law enforcement, safety advocates, and the Motor
Carrier Safety Advisory Committee.
(d) Q
UALIFICATION
.—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) M
ONITORING
.—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) D
ISSEMINATION OF
I
NFORMATION
.—The Administrator shall
maintain on a publicly accessible Internet Web site of the Depart-
ment information on—
(1) the advanced safety equipment, enhanced driver fitness
measures, fleet safety management tools, technologies, and pro-
grams, 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
49 USC 31100
note.
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129 STAT. 1541 PUBLIC LAW 114–94—DEC. 4, 2015
management tools, technologies, and programs, and other
standards.
(g) R
EPORT
.—Not later than 3 years after the date of enactment
of this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report on the—
(1) number of motor carriers receiving recognition,
including credit or an improved SMS percentile, under this
section; and
(2) safety performance of such carriers.
SEC. 5223. DATA CERTIFICATION.
(a) I
N
G
ENERAL
.—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) L
IMITATION ON THE
U
SE OF
CSA A
NALYSIS
.—Information
regarding alerts and the relative percentile for each BASIC devel-
oped 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) C
ONTINUED
P
UBLIC
A
VAILABILITY OF
D
ATA
.—Notwith-
standing any other provision of this section, inspection and violation
information submitted to the Federal Motor Carrier Safety Adminis-
tration by commercial motor vehicle inspectors and qualified law
enforcement officials, out-of-service rates, and absolute measures
shall remain available to the public.
(d) E
XCEPTIONS
.—
(1) I
N 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
49 USC 31100
note.
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129 STAT. 1542 PUBLIC LAW 114–94—DEC. 4, 2015
(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) N
OTATION
.—The notation described in paragraph (1)(C)
shall include the following: ‘‘Readers should not draw conclu-
sions 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) R
ULE OF CONSTRUCTION
.—Nothing in this section may
be construed to restrict the official use by State enforcement
agencies of the data collected by State enforcement personnel.
SEC. 5224. DATA IMPROVEMENT.
(a) F
UNCTIONAL
S
PECIFICATIONS
.—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) F
UNCTIONALITY
.—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) E
FFECTIVE
D
ATA
M
ANAGEMENT
.—The Administrator shall
ensure that internal systems and databases accept and effectively
manage data using uniform standards.
(d) C
ONSULTATION
W
ITH THE
S
TATES
.—Before implementing
the functional specifications developed pursuant to subsection (a)
or the standards described in subsection (c), the Administrator
shall seek input from the State agencies responsible for enforcing
section 31102 of title 49, United States Code.
SEC. 5225. ACCIDENT REVIEW.
(a) I
N
G
ENERAL
.—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) D
UTIES
.—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) R
EPORT
.—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) P
REVENTABLE
D
EFINED
.—In this section, the term ‘‘prevent-
able’’ has the meaning given that term in Appendix B of part
49 USC 31100
note.
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129 STAT. 1543 PUBLIC LAW 114–94—DEC. 4, 2015
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) I
N
G
ENERAL
.—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) V
EHICLE
S
AFETY
T
ECHNOLOGY
D
EFINED
.—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) R
ULE OF
C
ONSTRUCTION
.—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 sub-
section (a).
SEC. 5302. PRIORITIZING STATUTORY RULEMAKINGS.
The Administrator of the Federal Motor Carrier Safety
Administration shall prioritize the completion of each outstanding
rulemaking required by statute before beginning any other rule-
making, unless the Secretary determines that there is a significant
need for such other rulemaking and notifies Congress of such deter-
mination.
SEC. 5303. SAFETY REPORTING SYSTEM.
(a) I
N
G
ENERAL
.—Not later than 1 year after the date of enact-
ment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transpor-
tation 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) C
ONTENTS
.—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
49 USC 113 note.
49 USC 31136
note.
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129 STAT. 1544 PUBLIC LAW 114–94—DEC. 4, 2015
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 fail-
ures proven to be repaired are not used in the calculation
of Behavior Analysis and Safety Improvement Category
scores;
(D) the ability of roadside inspectors to access self-
reported equipment failures;
(E) the cost to establish and administer a self-reporting
system;
(F) the ability for a self-reporting system to track indi-
vidual commercial motor vehicles through unique identi-
fiers; and
(G) whether a self-reporting system would yield demon-
strable safety benefits;
(2) an identification of any regulatory or statutory impedi-
ments 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) I
N
G
ENERAL
.—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) R
EPORT
.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall publish on a publicly accessible
Internet Web site of the Department and submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the assessment conducted
under subsection (a), including any recommendations for improving
the effectiveness of the program (including recommendations for
legislative changes).
SEC. 5305. HIGH RISK CARRIER REVIEWS.
(a) I
N
G
ENERAL
.—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 min-
imum, a review shall be conducted whenever a motor carrier is
among the highest risk carriers for 4 consecutive months.
(b) R
EPORT
.—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) C
ONFORMING
A
MENDMENT
.—Section 4138 of SAFETEA–LU
(49 U.S.C. 31144 note), and the item relating to that section in
the table of contents in section 1(b) of that Act, are repealed.
SEC. 5306. POST-ACCIDENT REPORT REVIEW.
(a) I
N
G
ENERAL
.—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
49 USC 31144
note.
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129 STAT. 1545 PUBLIC LAW 114–94—DEC. 4, 2015
(2) to report to the Secretary its findings and any rec-
ommendations, including best practices for State post-accident
reports to achieve the data elements described in subsection
(c).
(b) C
OMPOSITION
.—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) C
ONSIDERATIONS
.—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) R
EPORT
.—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 identi-
fying 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) T
ERMINATION
.—The working group shall terminate not more
than 180 days after the date on which the Secretary makes rec-
ommendations under subsection (d)(3).
SEC. 5307. IMPLEMENTING SAFETY REQUIREMENTS.
(a) I
N
G
ENERAL
.—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 Com-
mittee 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) A
DDITIONAL
C
ONTENTS
.—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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129 STAT. 1546 PUBLIC LAW 114–94—DEC. 4, 2015
(3) any other details associated with the status of the
rulemaking.
(c) R
ULEMAKINGS
.—The Secretary shall submit a written
notification under subsection (a) for each of the following
rulemakings:
(1) The rulemaking required under section 31306a(a)(1)
of title 49, United States Code.
(2) The rulemaking required under section 31137(a) of title
49, United States Code.
(3) The rulemaking required under section 31305(c) of title
49, United States Code.
(4) The rulemaking required under section 31601 of division
C of MAP–21 (49 U.S.C. 30111 note).
(5) A rulemaking concerning motor carrier safety fitness
determinations.
(6) A rulemaking concerning commercial motor vehicle
safety required by an Act of Congress enacted on or after
August 1, 2005, and incomplete for more than 2 years.
Subtitle D—Commercial Motor Vehicle
Drivers
SEC. 5401. OPPORTUNITIES FOR VETERANS.
(a) S
TANDARDS FOR
T
RAINING AND
T
ESTING OF
V
ETERAN
O
PERA
-
TORS
.—Section 31305 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(d) S
TANDARDS FOR
T
RAINING AND
T
ESTING OF
V
ETERAN
O
PERA
-
TORS
.—
‘‘(1) I
N GENERAL
.—Not later than December 31, 2016, the
Secretary shall modify the regulations prescribed under sub-
sections (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 indi-
vidual 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) D
EFINITIONS
.—In this subsection, the following defini-
tions apply:
‘‘(A) A
RMED FORCES
.—The term ‘armed forces’ has the
meaning given that term in section 101(a) of title 10.
‘‘(B) C
OVERED INDIVIDUAL
.—The term ‘covered indi-
vidual’ 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) R
ESERVE COMPONENTS
.—The term ‘reserve compo-
nents’ means—
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129 STAT. 1547 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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) I
MPLEMENTATION OF
A
DMINISTRATIVE
R
ECOMMENDATIONS
.—
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) I
MPLEMENTATION OF THE
M
ILITARY
C
OMMERCIAL
D
RIVER
’
S
L
ICENSE
A
CT
.—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) C
ONFORMING
A
MENDMENT
.—Section 31311(a)(12)(C)(ii) of
title 49, United States Code, is amended to read as follows:
‘‘(ii) is an active duty member of—
‘‘(I) the armed forces (as that term is defined in
section 101(a) of title 10); or
‘‘(II) the reserve components (as that term is
defined in section 31305(d)(2) of this title); and’’.
SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS.
(a) I
N
G
ENERAL
.—Section 31306 of title 49, United States Code,
is amended—
(1) in subsection (b)(1)—
(A) by redesignating subparagraph (B) as subpara-
graph (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)—
49 USC 31311
note.
49 USC 31301
note.
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129 STAT. 1548 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) G
UIDELINES
.—Not later than 1 year after the date of enact-
ment 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) I
N
G
ENERAL
.—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 examina-
tion and provide a medical certificate for purposes of compliance
with the requirements of section 31149 of title 49, United States
Code.
(b) C
ERTIFICATION
.—The certification described under sub-
section (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) N
ATIONAL
R
EGISTRY OF
M
EDICAL
E
XAMINERS
.—The Sec-
retary, 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) D
EFINITIONS
.—In this section, the following definitions
apply:
(1) P
HYSICIAN
-
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 certifi-
cate pursuant to section 31149 of title 49, United States
Code.
(2) Q
UALIFIED 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
49 USC 31149
note.
49 USC 31306
note.
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129 STAT. 1549 PUBLIC LAW 114–94—DEC. 4, 2015
(C) has never, with respect to such section, been found
to have acted fraudulently, including by fraudulently
awarding a medical certificate.
(3) V
ETERAN
.—The term ‘‘veteran’’ has the meaning given
the term in section 101 of title 38, United States Code.
(e) S
TATUTORY
C
ONSTRUCTION
.—Nothing in this section shall
be construed to change any statutory penalty associated with fraud
or abuse.
SEC. 5404. COMMERCIAL DRIVER PILOT PROGRAM.
(a) I
N
G
ENERAL
.—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) D
ATA
C
OLLECTION
.—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) L
IMITATIONS
.—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) W
ORKING
G
ROUP
.—
(1) E
STABLISHMENT
.—The Secretary shall conduct, monitor,
and evaluate the pilot program in consultation with a working
group to be established by the Secretary consisting of represent-
atives of the armed forces, industry, drivers, safety advocacy
organizations, and State licensing and enforcement officials.
(2) D
UTIES
.—The working group shall review the data col-
lected 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) R
EPORT
.—Not later than 1 year after the date on which
the pilot program is concluded, the Secretary shall submit to Con-
gress a report describing the findings of the pilot program and
the recommendations of the working group.
(f) D
EFINITIONS
.—In this section, the following definitions apply:
(1) A
CCIDENT
.—The term ‘‘accident’’ has the meaning given
that term in section 390.5 of title 49, Code of Federal Regula-
tions, as in effect on the date of enactment of this Act.
(2) A
RMED FORCES
.—The term ‘‘armed forces’’ has the
meaning given that term in section 101(a) of title 10, United
States Code.
(3) C
OMMERCIAL MOTOR VEHICLE
.—The term ‘‘commercial
motor vehicle’’ has the meaning given that term in section
31301 of title 49, United States Code.
(4) C
OVERED 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
49 USC 31315
note.
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129 STAT. 1550 PUBLIC LAW 114–94—DEC. 4, 2015
(ii) reserve components (as defined in section
31305(d)(2) of title 49, United States Code, as added
by this Act); and
(C) qualified in a Military Occupational Specialty to
operate a commercial motor vehicle or similar vehicle.
Subtitle E—General Provisions
SEC. 5501. DELAYS IN GOODS MOVEMENT.
(a) R
EPORT
.—
(1) I
N GENERAL
.—Not later than 1 year after the date
of enactment of this Act, the Inspector General of the Depart-
ment shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate
a report on the average length of time that operators of commer-
cial motor vehicles are delayed before the loading and unloading
of such vehicles and at other points in the pick-up and delivery
process.
(2) C
ONTENTS
.—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) C
OLLECTION OF
D
ATA
.—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 opera-
tors of commercial motor vehicles before the loading and unloading
of such vehicles and at other points in the pick-up and delivery
process.
SEC. 5502. EMERGENCY ROUTE WORKING GROUP.
(a) I
N
G
ENERAL
.—
(1) E
STABLISHMENT
.—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) M
EMBERS
.—The working group shall include represent-
atives from—
(A) State highway transportation departments or agen-
cies;
(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) C
ONSIDERATIONS
.—In determining best practices under sub-
section (a), the working group shall consider whether—
49 USC 14103
note.
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129 STAT. 1551 PUBLIC LAW 114–94—DEC. 4, 2015
(1) impediments currently exist that prevent expeditious
State approval of special permits for vehicles involved in emer-
gency 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 identi-
fied under paragraph (2) as a certified emergency route if
a motor vehicle that exceeds the otherwise applicable Federal
and State truck length or width limits may safely operate
along such route during periods of declared emergency and
recovery from such periods; and
(4) an online map could be created to identify each pre-
designated emergency route under paragraph (3), including
information on specific limitations, obligations, and notification
requirements along that route.
(c) R
EPORT
.—
(1) S
UBMISSION
.—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) P
UBLICATION
.—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 Inter-
net Web site of the Department.
(d) N
OTIFICATION
.—Not later than 6 months after the date
the Secretary receives the report under subsection (c)(1), the Sec-
retary shall notify the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate on the actions
the Secretary and the States have taken to implement the rec-
ommendations included in the report.
(e) T
ERMINATION
.—The working group shall terminate 1 year
after the date the Secretary receives the report under subsection
(c)(1).
SEC. 5503. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING
GROUP.
(a) W
ORKING
G
ROUP
.—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) M
EMBERSHIP
.—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) R
ECOMMENDATIONS
.—
(1) C
ONTENTS
.—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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129 STAT. 1552 PUBLIC LAW 114–94—DEC. 4, 2015
(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) D
EADLINE
.—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 Depart-
ment.
(d) R
EPORT
.—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) T
ERMINATION
.—The working group shall terminate 1 year
after the date the working group makes its recommendations under
subsection (c)(2).
SEC. 5504. TECHNOLOGY IMPROVEMENTS.
(a) I
N
G
ENERAL
.—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) R
EQUIREMENTS
.—The study conducted under subsection (a)
shall—
(1) evaluate the efficacy of the existing information tech-
nology, 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, proce-
dures, 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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129 STAT. 1553 PUBLIC LAW 114–94—DEC. 4, 2015
for the purpose of improving the efficacy of the systems, proce-
dures, and programs described in paragraph (1).
SEC. 5505. NOTIFICATION REGARDING MOTOR CARRIER REGISTRA-
TION.
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 Com-
mittee 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 registra-
tion 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.
Not later than 18 months after the date of enactment of this
Act, and each year thereafter, the Administrator of the Federal
Motor Carrier Safety Administration shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that—
(1) describes, for each State, the status of skills testing
for applicants for a commercial driver’s license, including—
(A) the average wait time from the date an applicant
requests to take a skills test to the date the applicant
has the opportunity to complete such test;
(B) the average wait time from the date an applicant,
upon failure of a skills test, requests a retest to the date
the applicant has the opportunity to complete such retest;
(C) the actual number of qualified commercial driver’s
license examiners available to test applicants; and
(D) the number of testing sites available through the
State department of motor vehicles and whether this
number has increased or decreased from the previous year;
and
(2) describes specific steps that the Administrator is taking
to address skills testing delays in States that have average
skills test or retest wait times of more than 7 days from
the date an applicant requests to test or retest to the date
the applicant has the opportunity to complete such test or
retest.
SEC. 5507. ELECTRONIC LOGGING DEVICE REQUIREMENTS.
Section 31137(b) of title 49, United States Code, is amended—
(1) in paragraph (1)(C) by striking ‘‘apply to’’ and inserting
‘‘except as provided in paragraph (3), apply to’’; and
(2) by adding at the end the following:
‘‘(3) E
XCEPTION
.—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.’’.
49 USC 31305
note.
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129 STAT. 1554 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 5508. TECHNICAL CORRECTIONS.
(a) T
ITLE
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) R
EGISTRA
-
TION AS
M
OTOR
C
ARRIER
R
EQUIRED
.—’’ and all that follows
through ‘‘(1) I
N GENERAL
.—A freight forwarder’’ and inserting
‘‘(d) R
EGISTRATION AS
M
OTOR
C
ARRIER
R
EQUIRED
.—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 ‘‘H
OUSEHOLD
G
OODS
’’ in the heading.
(5) Section 14916 is amended by striking the section des-
ignation and heading and inserting the following:
‘‘§ 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 pro-
posed 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) I
N 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) M
OTOR
C
ARRIER
S
AFETY
I
MPROVEMENT
A
CT OF
1999.—Sec-
tion 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) T
RANSPORTING
P
ROPERTY
.—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;
49 USC 31138
note.
49 USC 31307.
49 USC 31144.
49 USC 31149
note.
49 USC 31137.
49 USC 14901.
49 USC 14901
note.
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129 STAT. 1555 PUBLIC LAW 114–94—DEC. 4, 2015
(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 cur-
rent minimum levels of financial responsibility in fatal
accidents; and
(5) the impact of increased levels on motor carrier safety
and accident reduction.
(b) T
RANSPORTING
P
ASSENGERS
.—
(1) I
N 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 com-
plete a study specific to the minimum financial responsibility
requirements for motor carriers of passengers.
(2) S
TUDY 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 pas-
sengers, 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) C
ONSULTATION
.—In conducting a study under para-
graph (1), the Secretary shall consult with—
(A) representatives of the over-the-road bus and private
school bus transportation industries, including representa-
tives of bus drivers; and
(B) insurers of motor carriers of passengers.
(4) R
EPORT
.—If the Secretary undertakes a study under
paragraph (1), the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.
SEC. 5510. SAFETY STUDY REGARDING DOUBLE-DECKER
MOTORCOACHES.
(a) S
TUDY
.—The Secretary, in consultation with State transpor-
tation 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 motor-
coach equipped with a device designed by the motorcoach manufac-
turer to attach to the rear of the motorcoach for use in transporting
passenger baggage.
(b) R
EPORT
.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary shall submit a report containing
the results of the study to—
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129 STAT. 1556 PUBLIC LAW 114–94—DEC. 4, 2015
(1) the Committee on Transportation and Infrastructure
of the House of Representatives; and
(2) the Committee on Commerce, Science, and Transpor-
tation 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, pro-
grams 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 pri-
vate 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 inves-
tigation under the Administrator’s jurisdiction.’’.
SEC. 5513. REPORT ON DESIGN AND IMPLEMENTATION OF WIRELESS
ROADSIDE INSPECTION SYSTEMS.
(a) I
N
G
ENERAL
.—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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129 STAT. 1557 PUBLIC LAW 114–94—DEC. 4, 2015
Representatives a report regarding the design, development, testing,
and implementation of wireless roadside inspection systems.
(b) E
LEMENTS
.—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 oper-
ations’’.
SEC. 5515. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER COM-
MUTING.
(a) E
FFECTS OF
C
OMMUTING
.—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) R
EPORT
.—Not later than 18 months after the date of enact-
ment 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 des-
ignated 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 center-
line miles by more than 5 percent and is expected to increase
safety performance.
SEC. 5517. REPORT ON MOTOR CARRIER FINANCIAL RESPONSIBILITY.
(a) I
N
G
ENERAL
.—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 responsi-
bility required under section 31139 of title 49, United States Code.
(b) C
ONTENTS
.—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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129 STAT. 1558 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 5518. COVERED FARM VEHICLES.
Section 32934(b)(1) of MAP–21 (49 U.S.C. 31136 note) is
amended by striking ‘‘from’’ and all that follows through the period
at end and inserting the following: ‘‘from—
‘‘(A) a requirement described in subsection (a) or a
compatible State requirement; or
‘‘(B) any other minimum standard provided by a State
relating to the operation of that vehicle.’’.
SEC. 5519. OPERATORS OF HI-RAIL VEHICLES.
(a) I
N
G
ENERAL
.—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) H
I
-R
AIL
V
EHICLE
D
EFINED
.—In this section, the term ‘‘hi-
rail vehicle’’ means an internal rail flaw detection vehicle equipped
with flange hi-rails.
SEC. 5520. AUTOMOBILE TRANSPORTER.
(a) A
UTOMOBILE
T
RANSPORTER
D
EFINED
.—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 combina-
tion.’’.
(b) T
RUCK
T
RACTOR
D
EFINED
.—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) B
ACKHAUL
D
EFINED
.—Section 31111(a) of title 49, United
States Code, is amended by adding at the end the following:
‘‘(5) B
ACKHAUL
.—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) S
TINGER
-S
TEERED
A
UTOMOBILE
T
RANSPORTERS
.—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’’.
49 USC 31136
note.
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129 STAT. 1559 PUBLIC LAW 114–94—DEC. 4, 2015
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) R
EADY
M
IXED
C
ONCRETE
D
ELIVERY
V
EHICLES
.—
‘‘(1) I
N 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 documenta-
tion 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 main-
tains 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) D
EFINITION
.—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 para-
graph if such limitation is between 50 and 75 air miles and
applies only to movements that take place entirely within the
State.’’.
SEC. 5523. COMMERCIAL DELIVERY OF LIGHT- AND MEDIUM-DUTY
TRAILERS.
(a) D
EFINITIONS
.—Section 31111(a) of title 49, United States
Code, is amended by adding at the end the following:
‘‘(6) T
RAILER 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 trans-
porter combination.
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129 STAT. 1560 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(7) T
OWAWAY TRAILER TRANSPORTER COMBINATION
.—The
term ‘towaway trailer transporter combination’ means a com-
bination 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 prop-
erty and constitute inventory property of a manufacturer,
distributor, or dealer of such trailers or semitrailers.’’.
(b) G
ENERAL
L
IMITATIONS
.—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 combina-
tion.’’.
(c) C
ONFORMING
A
MENDMENTS
.—
(1) P
ROPERTY
-
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 trans-
porter combination (as defined in section 31111(a))’’.
(2) A
CCESS TO INTERSTATE SYSTEM
.—Section 31114(a)(2)
of such title is amended by inserting ‘‘any towaway trailer
transporter combination (as defined in section 31111(a)),’’ after
‘‘passengers,’’.
SEC. 5524. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN
WELDING TRUCKS USED IN PIPELINE INDUSTRY.
(a) C
OVERED
M
OTOR
V
EHICLE
D
EFINED
.—In this section, the
term ‘‘covered motor vehicle’’ means a motor vehicle that—
(1) is traveling in the State in which the vehicle is reg-
istered 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) F
EDERAL
R
EQUIREMENTS
.—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 chap-
ters 139 and 311 of title 49, United States Code.
(2) Any requirement relating to driver qualifications estab-
lished 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.
49 USC 31136
note.
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129 STAT. 1561 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 5525. REPORT.
(a) I
N
G
ENERAL
.—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) C
ONSULTATION
.—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 appro-
priate.
TITLE VI—INNOVATION
SEC. 6001. SHORT TITLE.
This title may be cited as the ‘‘Transportation for Tomorrow
Act of 2015’’.
SEC. 6002. AUTHORIZATION OF APPROPRIATIONS.
(a) I
N
G
ENERAL
.—The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) H
IGHWAY 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) T
ECHNOLOGY 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) T
RAINING 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) I
NTELLIGENT 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) U
NIVERSITY 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) B
UREAU 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) A
DMINISTRATION
.—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).
23 USC 501 note.
23 USC 101 note.
Transportation
for Tomorrow Act
of 2015.
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129 STAT. 1562 PUBLIC LAW 114–94—DEC. 4, 2015
(c) A
PPLICABILITY OF
T
ITLE
23, U
NITED
S
TATES
C
ODE
.—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 deter-
mined 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) P
UBLICATION
.—
‘‘(i) I
N 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 para-
graph.
‘‘(ii) I
NCLUSIONS
.—The report under clause (i) may
include an analysis of—
‘‘(I) Federal, State, and local cost savings;
‘‘(II) project delivery time improvements;
‘‘(III) reduced fatalities; and
‘‘(IV) congestion impacts.’’.
SEC. 6004. ADVANCED TRANSPORTATION AND CONGESTION MANAGE-
MENT TECHNOLOGIES DEPLOYMENT.
Section 503(c) of title 23, United States Code, is amended
by adding at the end the following:
‘‘(4) A
DVANCED TRANSPORTATION TECHNOLOGIES DEPLOY
-
MENT
.—
‘‘(A) I
N 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 invest-
ment.
‘‘(B) C
RITERIA
.—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 invest-
ments, 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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129 STAT. 1563 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 transpor-
tation;
‘‘(vi) monitor transportation assets to improve
infrastructure management, reduce maintenance costs,
prioritize investment decisions, and ensure a state of
good repair;
‘‘(vii) deliver economic benefits by reducing delays,
improving system performance, and providing for the
efficient and reliable movement of goods and services;
or
‘‘(viii) accelerate the deployment of vehicle-to-
vehicle, vehicle-to-infrastructure, autonomous vehicles,
and other technologies.
‘‘(C) A
PPLICATIONS
.—
‘‘(i) R
EQUEST
.—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) C
ONTENTS
.—An application submitted under
this subparagraph shall include the following:
‘‘(I) P
LAN
.—A plan to deploy and provide for
the long-term operation and maintenance of
advanced transportation and congestion manage-
ment technologies to improve safety, efficiency,
system performance, and return on investment.
‘‘(II) O
BJECTIVES
.—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) R
ESULTS
.—Quantifiable safety, mobility,
and environmental benefit projections such as
data-driven estimates of how the project will
improve the region’s transportation system effi-
ciency and reduce traffic congestion.
‘‘(IV) P
ARTNERSHIPS
.—A plan for partnering
with the private sector or public agencies,
including multimodal and multijurisdictional enti-
ties, research institutions, organizations rep-
resenting transportation and technology leaders,
or other transportation stakeholders.
‘‘(V) L
EVERAGING
.—A plan to leverage and
optimize existing local and regional advanced
transportation technology investments.
‘‘(D) G
RANT SELECTION
.—
‘‘(i) G
RANT 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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129 STAT. 1564 PUBLIC LAW 114–94—DEC. 4, 2015
to not less than 5 and not more than 10 eligible enti-
ties.
‘‘(ii) G
EOGRAPHIC 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) T
ECHNOLOGY DIVERSITY
.—In awarding a
grant under this paragraph, the Secretary shall ensure,
to the extent practicable, that grant recipients rep-
resent diverse technology solutions.
‘‘(E) U
SE OF GRANT FUNDS
.—A grant recipient may
use funds awarded under this paragraph to deploy
advanced transportation and congestion management tech-
nologies, including—
‘‘(i) advanced traveler information systems;
‘‘(ii) advanced transportation management tech-
nologies;
‘‘(iii) infrastructure maintenance, monitoring, and
condition assessment;
‘‘(iv) advanced public transportation systems;
‘‘(v) transportation system performance data collec-
tion, analysis, and dissemination systems;
‘‘(vi) advanced safety systems, including vehicle-
to-vehicle and vehicle-to-infrastructure communica-
tions, technologies associated with autonomous
vehicles, and other collision avoidance technologies,
including systems using cellular technology;
‘‘(vii) integration of intelligent transportation sys-
tems with the Smart Grid and other energy distribu-
tion 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) R
EPORT 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 pro-
vides; and
‘‘(ii) how the project has met the original expecta-
tions 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 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(IV) lessons learned and recommendations for
future deployment strategies to optimize transpor-
tation efficiency and multimodal system perform-
ance.
‘‘(G) R
EPORT
.—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 pro-
jected 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 transpor-
tation information to make informed travel decisions;
‘‘(vii) provided cost savings to transportation agen-
cies, businesses, and the traveling public; or
‘‘(viii) provided other benefits to transportation
users and the general public.
‘‘(H) A
DDITIONAL 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 require-
ments 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) F
UNDING
.—
‘‘(i) I
N 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) E
XPENSES 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) F
EDERAL SHARE
.—The Federal share of the cost
of a project for which a grant is awarded under this sub-
section shall not exceed 50 percent of the cost of the project.
‘‘(K) G
RANT 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) E
XPENSES FOR GRANT RECIPIENTS
.—A grant
recipient under this paragraph may use not more than
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129 STAT. 1566 PUBLIC LAW 114–94—DEC. 4, 2015
5 percent of the funds awarded each fiscal year to carry
out planning and reporting requirements.
‘‘(M) G
RANT FLEXIBILITY
.—
‘‘(i) I
N 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) P
ROGRAMS
.—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) D
ISTRIBUTION
.—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) D
EFINITIONS
.—In this paragraph, the following
definitions apply:
‘‘(i) E
LIGIBLE 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 subdivi-
sion of a State or local government or a multijuris-
dictional group or a consortia of research institutions
or academic institutions.
‘‘(ii) A
DVANCED AND CONGESTION MANAGEMENT
TRANSPORTATION TECHNOLOGIES
.—The term ‘advanced
transportation and congestion management tech-
nologies’ means technologies that improve the effi-
ciency, safety, or state of good repair of surface
transportation systems, including intelligent transpor-
tation systems.
‘‘(iii) M
ULTIJURISDICTIONAL 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 imple-
ment the advanced transportation technologies
deployment initiative across jurisdictional bound-
aries; and
‘‘(II) is an eligible entity under this para-
graph.’’.
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129 STAT. 1567 PUBLIC LAW 114–94—DEC. 4, 2015
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 sup-
port to national freight policy goals.’’.
SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PURPOSES.
Section 514(b) of title 23, United States Code, is amended—
(1) in paragraph (8) by striking ‘‘and’’ at the end;
(2) in paragraph (9) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(10) to assist in the development of cybersecurity research
in cooperation with relevant modal administrations of the
Department of Transportation and other Federal agencies to
help prevent hacking, spoofing, and disruption of connected
and automated transportation vehicles.’’.
SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM PROGRAM
REPORT.
Section 515(h)(4) of title 23, United States Code, is amended
in the matter preceding subparagraph (A)—
(1) by striking ‘‘February 1 of each year after the date
of enactment of the Transportation Research and Innovative
Technology Act of 2012’’ and inserting ‘‘May 1 of each year’’;
and
(2) by striking ‘‘submit to Congress’’ and inserting ‘‘make
available to the public on a Department of Transportation
website’’.
SEC. 6008. INTELLIGENT TRANSPORTATION SYSTEM NATIONAL
ARCHITECTURE AND STANDARDS.
Section 517(a)(3) of title 23, United States Code, is amended
by striking ‘‘memberships are comprised of, and represent,’’ and
inserting ‘‘memberships include representatives of’’.
SEC. 6009. COMMUNICATION SYSTEMS DEPLOYMENT REPORT.
Section 518(a) of title 23, United States Code, is amended
in the matter preceding paragraph (1) by striking ‘‘Not later than
3’’ and all that follows through ‘‘House of Representatives’’ and
inserting ‘‘Not later than July 6, 2016, the Secretary shall make
available to the public on a Department of Transportation website
a report’’.
SEC. 6010. INFRASTRUCTURE DEVELOPMENT.
(a) I
N
G
ENERAL
.—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 intel-
ligent transportation system infrastructure, equipment, and
systems; and
23 USC 519 note.
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129 STAT. 1568 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(2) to the maximum extent practicable, shall not be used
for the construction of physical surface transportation infra-
structure unless the construction is incidental and critically
necessary to the implementation of an intelligent transportation
system project.’’.
(b) T
ECHNICAL AND
C
ONFORMING
A
MENDMENTS
.—
(1) C
LERICAL AMENDMENT
.—The analysis for chapter 5 of
title 23, United States Code, is amended by adding at the
end the following:
‘‘519. Infrastructure development.’’.
(2) T
ECHNICAL AMENDMENT
.—The item relating to section
512 in the analysis for chapter 5 of title 23, United States
Code, is amended to read as follows:
‘‘512. National ITS program plan.’’.
SEC. 6011. DEPARTMENTAL RESEARCH PROGRAMS.
(a) A
SSISTANT
S
ECRETARY FOR
R
ESEARCH AND
T
ECHNOLOGY
.—
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 Sec-
retary for Research and Technology,’’ after ‘‘Governmental
Affairs,’’.
(b) R
ESEARCH
A
CTIVITIES
.—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 ‘‘I
N
G
ENERAL
.—The Secretary of’’;
(3) in subsection (b) by striking ‘‘In carrying’’ and inserting
‘‘R
ESPONSIBILITIES
.—In carrying’’;
(4) in subsection (c) by striking ‘‘The Secretary’’ and
inserting ‘‘P
UBLICATIONS
.—The Secretary’’; and
(5) by adding at the end the following:
‘‘(d) D
UTIES
.—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, anal-
ysis, and reporting.
‘‘(4) Education and training in transportation and transpor-
tation-related fields.
‘‘(5) Activities of the Volpe National Transportation Sys-
tems Center.
‘‘(6) Coordination in support of multimodal and multidisci-
plinary research activities.
‘‘(e) A
DDITIONAL
A
UTHORITIES
.—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 con-
duct research into transportation service and infrastructure
assurance and to carry out other research activities of the
Department of Transportation;
23 USC
prec. 501.
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129 STAT. 1569 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(2) carry out, on a cost-shared basis, collaborative research
and development to encourage innovative solutions to
multimodal transportation problems and stimulate the deploy-
ment 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 incor-
porated 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, coun-
ties, institutions of higher education, associations, and the
agents of those entities to carry out joint transportation
research and technology efforts.
‘‘(f) F
EDERAL
S
HARE
.—
‘‘(1) I
N 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) E
XCEPTION
.—If the Secretary determines that the
activity is of substantial public interest or benefit, the Secretary
may approve a greater Federal share.
‘‘(3) N
ON
-
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 sub-
section (e)(3).
‘‘(g) P
ROGRAM
E
VALUATION AND
O
VERSIGHT
.—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 appro-
priated for the coordination, evaluation, and oversight of the pro-
grams administered by the Office of the Assistant Secretary for
Research and Technology.
‘‘(h) U
SE OF
T
ECHNOLOGY
.—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) W
AIVER OF
A
DVERTISING
R
EQUIREMENTS
.—Section 6101 of
title 41 shall not apply to a contract, grant, or other agreement
entered into under this section.’’.
(c) C
LERICAL
A
MENDMENT
.—The item relating to section 330
in the analysis of chapter 3 of title 49, United States Code, is
amended to read as follows:
‘‘330. Research activities.’’.
(d) T
ECHNICAL AND
C
ONFORMING
A
MENDMENTS
.—
(1) T
ITLE 5 AMENDMENTS
.—
49 USC
prec. 301.
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129 STAT. 1570 PUBLIC LAW 114–94—DEC. 4, 2015
(A) P
OSITIONS AT LEVEL II
.—Section 5313 of title 5,
United States Code, is amended by striking ‘‘The Under
Secretary of Transportation for Security.’’.
(B) P
OSITIONS 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) P
OSITIONS AT LEVEL V
.—Section 5316 of title 5,
United States Code, is amended by striking ‘‘Associate
Deputy Secretary, Department of Transportation.’’.
(2) B
UREAU OF TRANSPORTATION STATISTICS
.—Section 6302
of title 49, United States Code, is amended by striking sub-
section (a) and inserting the following:
‘‘(a) I
N
G
ENERAL
.—There shall be within the Department of
Transportation the Bureau of Transportation Statistics.’’.
SEC. 6012. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRA-
TION.
(a) R
EPEAL
.—Section 112 of title 49, United States Code, is
repealed.
(b) C
LERICAL
A
MENDMENT
.—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’’.
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) C
OOPERATIVE
R
ESEARCH
.—
‘‘(1) I
N GENERAL
.—As part of the program established under
subsection (a), the Secretary may carry out cooperative research
on hazardous materials transport.
‘‘(2) N
ATIONAL ACADEMIES
.—The Secretary may enter into
an agreement with the National Academies to support research
described in paragraph (1).
‘‘(3) R
ESEARCH
.—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
49 USC
prec. 101.
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129 STAT. 1571 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(G) materials and equipment testing.’’.
SEC. 6015. OFFICE OF INTERMODALISM.
(a) R
EPEAL
.—Section 5503 of title 49, United States Code, is
repealed.
(b) C
LERICAL
A
MENDMENT
.—The analysis for chapter 55 of title
49, United States Code, is amended by striking the item relating
to section 5503.
SEC. 6016. UNIVERSITY TRANSPORTATION CENTERS.
Section 5505 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5505. University transportation centers program
‘‘(a) U
NIVERSITY
T
RANSPORTATION
C
ENTERS
P
ROGRAM
.—
‘‘(1) E
STABLISHMENT 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) R
OLE 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 transpor-
tation 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) C
OMPETITIVE
S
ELECTION
P
ROCESS
.—
‘‘(1) A
PPLICATIONS
.—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) R
ESTRICTION
.—
‘‘(A) L
IMITATION
.—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) E
XCEPTION 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) C
OORDINATION
.—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) G
ENERAL SELECTION CRITERIA
.—
‘‘(A) I
N 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 identi-
fied in chapter 65.
‘‘(B) C
RITERIA
.—The Secretary, in consultation with
the Assistant Secretary for Research and Technology and
the Administrator of the Federal Highway Administration
49 USC
prec. 5501.
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129 STAT. 1572 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 Sec-
retary 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 leader-
ship 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 pro-
grams 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, edu-
cation, 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) T
RANSPARENCY
.—
‘‘(A) I
N 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) R
EPORTS
.—The Secretary shall submit to the
Committees on Transportation and Infrastructure and
Science, Space, and Technology of the House of Representa-
tives 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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129 STAT. 1573 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(i) specific criteria of evaluation used in the
review;
‘‘(ii) descriptions of the review process; and
‘‘(iii) explanations of the selected awards.
‘‘(6) O
UTSIDE 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) G
RANTS
.—
‘‘(1) I
N 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 avail-
able to the selected recipients.
‘‘(2) N
ATIONAL TRANSPORTATION CENTERS
.—
‘‘(A) I
N GENERAL
.—Subject to subparagraph (B), the
Secretary shall provide grants to 5 consortia that the Sec-
retary determines best meet the criteria described in sub-
section (b)(4).
‘‘(B) R
ESTRICTIONS
.—
‘‘(i) I
N 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) F
OCUSED 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) M
ATCHING REQUIREMENT
.—
‘‘(i) I
N 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) S
OURCES
.—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) R
EGIONAL UNIVERSITY TRANSPORTATION CENTERS
.—
‘‘(A) L
OCATION OF REGIONAL CENTERS
.—One regional
university transportation center shall be located in each
of the 10 Federal regions that comprise the Standard Fed-
eral Regions established by the Office of Management and
Budget in the document entitled ‘Standard Federal Regions’
and dated April 1974 (circular A–105).
‘‘(B) S
ELECTION 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 Fed-
eral region to be served; and
‘‘(iii) whether the consortium of institutions dem-
onstrates 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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129 STAT. 1574 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(II) a historical track record of awarding grad-
uate 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) R
ESTRICTIONS
.—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) M
ATCHING REQUIREMENTS
.—
‘‘(i) I
N 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) S
OURCES
.—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) F
OCUSED 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, conges-
tion, connected vehicles, connected infrastructure, and
autonomous vehicles.
‘‘(4) T
IER 1 UNIVERSITY TRANSPORTATION CENTERS
.—
‘‘(A) I
N 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) M
ATCHING REQUIREMENT
.—
‘‘(i) I
N 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) S
OURCES
.—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) F
OCUSED RESEARCH
.—In awarding grants under
this section, consideration shall be given to minority
institutions, as defined by section 365 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067k), or consortia that
include such institutions that have demonstrated an ability
in transportation-related research.
‘‘(d) P
ROGRAM
C
OORDINATION
.—
‘‘(1) I
N 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) A
NNUAL REVIEW AND EVALUATION
.—Not less frequently
than annually, and consistent with the plan developed under
section 6503, the Secretary shall—
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129 STAT. 1575 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 Environ-
ment and Public Works and Commerce, Science, and
Transportation of the Senate a report describing that
review and evaluation.
‘‘(3) P
ROGRAM 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 Sec-
retary under this section.
‘‘(e) L
IMITATION ON
A
VAILABILITY OF
A
MOUNTS
.—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) I
NFORMATION
C
OLLECTION
.—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 satis-
faction assessments, shall not be subject to chapter 35 of title
44.’’.
SEC. 6017. BUREAU OF TRANSPORTATION STATISTICS.
Section 6302 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(d) I
NDEPENDENCE OF
B
UREAU
.—
‘‘(1) I
N 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 Govern-
ment with respect to the substance of any statistical tech-
nical reports or press releases lawfully prepared by the
Director.
‘‘(2) B
UDGET AUTHORITY
.—The Director shall have a signifi-
cant 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) E
XCEPTIONS
.—The Secretary shall direct external sup-
port functions, such as the coordination of activities involving
multiple modal administrations.
‘‘(4) I
NFORMATION 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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129 STAT. 1576 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 6018. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.
(a) I
N
G
ENERAL
.—Chapter 63 of title 49, United States Code,
is amended by adding at the end the following:
‘‘§ 6314. Port performance freight statistics program
‘‘(a) I
N
G
ENERAL
.—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) R
EPORTS
.—
‘‘(1) P
ORT 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) P
ORT PERFORMANCE MEASURES
.—The Director shall col-
lect 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 nec-
essary information to the Bureau that includes statistics
on capacity and throughput as applicable to the specific
configuration of the port.
‘‘(c) R
ECOMMENDATIONS
.—
‘‘(1) I
N GENERAL
.—The Director shall obtain recommenda-
tions for—
‘‘(A) port performance measures, including specifica-
tions 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) W
ORKING 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 Corpora-
tion;
‘‘(H) the Bureau of Labor Statistics;
‘‘(I) the Maritime Advisory Committee for Occupational
Safety and Health;
‘‘(J) the Advisory Committee on Supply Chain Competi-
tiveness;
‘‘(K) 1 representative from the rail industry;
‘‘(L) 1 representative from the trucking industry;
‘‘(M) 1 representative from the maritime shipping
industry;
49 USC 6314.
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129 STAT. 1577 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(N) 1 representative from a labor organization for
each industry described in subparagraphs (K) through (M);
‘‘(O) 1 representative from the International Long-
shoremen’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) R
ECOMMENDATIONS
.—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) A
CCESS TO
D
ATA
.—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 pro-
tected in accordance with the Confidential Information Protec-
tion and Statistical Efficiency Act of 2002 (44 U.S.C. 3501
note; Public Law 107–347).’’.
(b) P
ROHIBITION ON
C
ERTAIN
D
ISCLOSURES
; C
OPIES OF
R
EPORTS
.—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) C
LERICAL
A
MENDMENT
.—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.’’.
SEC. 6019. RESEARCH PLANNING.
(a) F
INDINGS
.—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 Depart-
ment;
(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—
49 USC 6501
note.
49 USC
prec. 6301.
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129 STAT. 1578 PUBLIC LAW 114–94—DEC. 4, 2015
(A) build stakeholder confidence in the final product;
and
(B) lead to the improved implementation of research
findings.
(b) R
ESEARCH
P
LANNING
.—
(1) I
N GENERAL
.—Subtitle III of title 49, United States
Code, is amended by inserting after chapter 63 the following:
‘‘CHAPTER 65—RESEARCH PLANNING
‘‘Sec.
‘‘6501. Annual modal research plans.
‘‘6502. Consolidated research database.
‘‘6503. Transportation research and development 5-year strategic plan.
‘‘SEC. 6501. ANNUAL MODAL RESEARCH PLANS.
‘‘(a) M
ODAL
P
LANS
R
EQUIRED
.—
‘‘(1) I
N 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 Assist-
ant 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) R
ELATIONSHIP TO STRATEGIC PLAN
.—Each plan sub-
mitted under paragraph (1), after the plan required in 2016,
shall be consistent with the strategic plan developed under
section 6503.
‘‘(b) R
EVIEW
.—
‘‘(1) I
N GENERAL
.—Not later than September 1 of each
year, the Assistant Secretary, for each plan and outlook sub-
mitted 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) P
UBLICATIONS
.—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) R
EJECTION 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) F
UNDING
L
IMITATIONS
.—No funds may be expended by
the Department of Transportation on research that has been deter-
mined 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
49 USC 6501.
49 USC
prec. 6501.
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129 STAT. 1579 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(4) the Assistant Secretary certifies to Congress that such
research is necessary, and provides justification for such certifi-
cation.
‘‘(d) C
ERTIFICATION
.—
‘‘(1) I
N 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) C
ORRECTIVE ACTION PLAN
.—If the Secretary, after
submitting a certification under paragraph (1), identifies
duplication of research within the Department of Transpor-
tation, the Secretary shall—
‘‘(A) notify Congress of the duplicative research; and
‘‘(B) submit to Congress a corrective action plan to
eliminate the duplicative research.
‘‘SEC. 6502. CONSOLIDATED RESEARCH DATABASE.
‘‘(a) R
ESEARCH
A
BSTRACT
D
ATABASE
.—
‘‘(1) I
N 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) C
ONTENTS
.—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 applica-
tions;
‘‘(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) F
UNDING
R
EPORT
.—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 descrip-
tions 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 descrip-
tions of projects funded at $5,000,000 or more.
49 USC 6502.
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129 STAT. 1580 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(c) P
ERFORMANCE
P
LANS AND
R
EPORTS
.—In the plans and
reports submitted under sections 1115 and 1116 of title 31, the
Secretary shall include—
‘‘(1) a summary of the Federal transportation research and
development activities for the previous fiscal year in each topic
area;
‘‘(2) the amount spent in each topic area;
‘‘(3) a description of the extent to which the research and
development is meeting the expectations described in section
6503(c)(1); and
‘‘(4) any amendments to the strategic plan developed under
section 6503.
‘‘SEC. 6503. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR
STRATEGIC PLAN.
‘‘(a) I
N
G
ENERAL
.—The Secretary shall develop a 5-year
transportation research and development strategic plan to guide
future Federal transportation research and development activities.
‘‘(b) C
ONSISTENCY
.—The strategic plan developed under sub-
section (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) C
ONTENTS
.—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 activi-
ties 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) C
ONSIDERATIONS
.—The Secretary shall ensure that the
strategic plan developed under this section—
‘‘(1) reflects input from a wide range of external stake-
holders;
‘‘(2) includes and integrates the research and development
programs of all of the modal administrations of the Department
49 USC 6503.
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129 STAT. 1581 PUBLIC LAW 114–94—DEC. 4, 2015
of Transportation, including aviation, transit, rail, and mari-
time 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) I
NTERIM
R
EPORT
.—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) T
ECHNICAL AND
C
ONFORMING
A
MENDMENT
.—The table of
chapters for subtitle III of title 49, United States Code, is amended
by adding at the end the following:
‘‘63. Bureau of Transportation Statistics ............................................................. 6301
‘‘65. Research planning ......................................................................................... 6501’’.
(d) T
ECHNICAL AND
C
ONFORMING
A
MENDMENTS
.—
(1) C
HAPTER 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 ‘‘transpor-
tation 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 Sec-
retary 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) I
NTELLIGENT TRANSPORTATION SYSTEMS
.—The Intel-
ligent 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 Sur-
face 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
49 USC 5101.
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129 STAT. 1582 PUBLIC LAW 114–94—DEC. 4, 2015
the transportation research and development strategic plan
under section 6503 of title 49’’.
(3) I
NTELLIGENT TRANSPORTATION SYSTEM RESEARCH
.—Sec-
tion 5305(h)(3)(A) of SAFETEA–LU (23 U.S.C. 512 note; Public
Law 109–59) is amended by striking ‘‘the strategic plan under
section 508 of title 23, United States Code’’ and inserting ‘‘the
5-year strategic plan under 6503 of title 49, United States
Code’’.
SEC. 6020. SURFACE TRANSPORTATION SYSTEM FUNDING ALTER-
NATIVES.
(a) I
N
G
ENERAL
.—The Secretary shall establish a program to
provide grants to States to demonstrate user-based alternative rev-
enue mechanisms that utilize a user fee structure to maintain
the long-term solvency of the Highway Trust Fund.
(b) A
PPLICATION
.—To be eligible for a grant under this section,
a State or group of States shall submit to the Secretary an applica-
tion in such form and containing such information as the Secretary
may require.
(c) O
BJECTIVES
.—The Secretary shall ensure that the activities
carried out using funds provided under this section meet the fol-
lowing 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 alter-
native 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) U
SE OF
F
UNDS
.—A State or group of States receiving funds
under this section to test the design, acceptance, and implementa-
tion of a user-based alternative revenue mechanism—
(1) shall address—
(A) the implementation, interoperability, public accept-
ance, 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 alter-
native revenue mechanism;
(D) market-based congestion mitigation, if appropriate;
(E) equity concerns, including the impacts of the user-
based alternative revenue mechanism on differing income
groups, various geographic areas, and the relative burdens
on rural and urban drivers;
(F) ease of compliance for different users of the
transportation system; and
(G) the reliability and security of technology used to
implement the user-based alternative revenue mechanism;
and
(2) may address—
23 USC 503 note.
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129 STAT. 1583 PUBLIC LAW 114–94—DEC. 4, 2015
(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) C
ONSIDERATION
.—The Secretary shall consider geographic
diversity in awarding grants under this section.
(f) L
IMITATIONS ON
R
EVENUE
C
OLLECTED
.—Any revenue col-
lected through a user-based alternative revenue mechanism estab-
lished using funds provided under this section shall not be consid-
ered a toll under section 301 of title 23, United States Code.
(g) F
EDERAL
S
HARE
.—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) R
EPORT TO
S
ECRETARY
.—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) B
IENNIAL
R
EPORTS
.—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) F
UNDING
.—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) G
RANT
F
LEXIBILITY
.—If, by August 1 of each fiscal year,
the Secretary determines that there are not enough grant applica-
tions that meet the requirements of this section for a fiscal year,
Secretary shall transfer to the program under section 503(b) of
title 23, United States Code—
(1) any of the funds reserved for the fiscal year under
subsection (j) that the Secretary has not yet awarded under
this section; and
(2) an amount of obligation limitation equal to the amount
of funds that the Secretary transfers under paragraph (1).
SEC. 6021. FUTURE INTERSTATE STUDY.
(a) F
UTURE
I
NTERSTATE
S
YSTEM
S
TUDY
.—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) M
ETHODOLOGIES
.—In conducting the study, the Transpor-
tation Research Board shall build on the methodologies examined
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129 STAT. 1584 PUBLIC LAW 114–94—DEC. 4, 2015
and recommended in the report prepared for the American Associa-
tion of State Highway and Transportation Officials titled ‘‘National
Cooperative Highway Research Program Project 20–24(79): Speci-
fications for a National Study of the Future 3R, 4R, and Capacity
Needs of the Interstate System’’, dated December 2013.
(c) C
ONTENTS OF
S
TUDY
.—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) C
ONSIDERATIONS
.—In carrying out the study, the Transpor-
tation Research Board shall determine the need for reconstruction
and improvement of the Interstate System by considering—
(1) future demands on transportation infrastructure deter-
mined 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 perform-
ance 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) C
ONSULTATION
.—In carrying out the study, the Transpor-
tation 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) R
EPORT
.—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 Infrastruc-
ture of the House of Representatives a report on the results of
the study conducted under this section.
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129 STAT. 1585 PUBLIC LAW 114–94—DEC. 4, 2015
(g) F
UNDING
.—From amounts authorized to carry out the High-
way 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) S
TUDY
.—
(1) I
N 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) M
ETHODOLOGY
.—In carrying out the study, the Sec-
retary shall—
(A) conduct a thorough review of relevant peer-
reviewed research published during at least the past 5
years;
(B) analyze impacts of different types of pavement
on all motor vehicle types, including commercial vehicles;
(C) specifically examine the impact of pavement
deformation and deflection; and
(D) analyze impacts of different types of pavement
on road conditions and road repairs.
(3) C
ONSULTATION
.—In carrying out the study, the Sec-
retary shall consult with—
(A) modal administrations of the Department and other
Federal agencies, including the National Institute of Stand-
ards and Technology;
(B) State departments of transportation;
(C) industry stakeholders; and
(D) appropriate academic experts.
(b) R
EPORT
.—
(1) I
N 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) C
ONTENTS
.—The report shall include—
(A) a summary of the different types of pavements
analyzed in the study and the impacts of pavement dura-
bility and sustainability on safety, vehicle fuel consump-
tion, 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 con-
cerning transportation, the Secretary may convene an interagency
working group—
(1) to identify opportunities for coordination between the
Department and universities and the private sector; and
(2) to identify and develop a plan to address related
workforce development needs.
SEC. 6024. COLLABORATION AND SUPPORT.
The Secretary may solicit the support of, and identify opportuni-
ties to collaborate with, other Federal research agencies and
49 USC 301 note.
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129 STAT. 1586 PUBLIC LAW 114–94—DEC. 4, 2015
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 tech-
nology 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) C
ONGESTION
R
ESEARCH
.—The Secretary may conduct
research on the reduction of traffic congestion.
(b) C
ONSIDERATION
.—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 alle-
viating current and future traffic congestion challenges;
(2) assess and analyze traffic, transit, and freight data
from various sources relevant to efforts to reduce traffic conges-
tion 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 sug-
gest improvements in effective communication of such data
and information in real time;
(4) develop and disseminate suggested strategies and solu-
tions 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) I
DENTIFYING
I
NFORMATION
.—The Secretary shall ensure that
information used pursuant to this section does not contain identi-
fying information of any individual.
(d) R
EPORT
.—Not later than 1 year after the completion of
research under this section, the Secretary may make available
on a public website a report on any activities under this section.
SEC. 6027. SMART CITIES TRANSPORTATION PLANNING STUDY.
(a) I
N
G
ENERAL
.—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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129 STAT. 1587 PUBLIC LAW 114–94—DEC. 4, 2015
(2) to assess future planning, infrastructure, and invest-
ment 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) C
OMPONENTS
.—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) R
EPORTING
.—Not later than 18 months after the date of
enactment of this Act, the Secretary may publish the report con-
taining the results of the study conducted under subsection (a)
to a public website.
SEC. 6028. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
(a) P
ERFORMANCE
M
ANAGEMENT
D
ATA
S
UPPORT
.—The Adminis-
trator of the Federal Highway Administration shall develop, use,
and maintain data sets and data analysis tools to assist metropoli-
tan planning organizations, States, and the Federal Highway
Administration in carrying out performance management analyses
(including the performance management requirements under sec-
tion 150 of title 23, United States Code).
(b) I
NCLUSIONS
.—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
23 USC 150 note.
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129 STAT. 1588 PUBLIC LAW 114–94—DEC. 4, 2015
(B) to evaluate the effects of project investments on
performance.
(c) F
UNDING
.—From amounts authorized to carry out the High-
way Research and Development Program, the Administrator of
the Federal Highway Administration may use up to $10,000,000
for each of fiscal years 2016 through 2020 to carry out this section.
TITLE VII—HAZARDOUS MATERIALS
TRANSPORTATION
SEC. 7001. SHORT TITLE.
This title may be cited as the ‘‘Hazardous Materials Transpor-
tation Safety Improvement Act of 2015’’.
Subtitle A—Authorizations
SEC. 7101. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5128. Authorization of appropriations
‘‘(a) I
N
G
ENERAL
.—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) H
AZARDOUS
M
ATERIALS
E
MERGENCY
P
REPAREDNESS
F
UND
.—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) H
AZARDOUS
M
ATERIALS
T
RAINING
G
RANTS
.—From the Haz-
ardous Materials Emergency Preparedness Fund established pursu-
ant 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) C
OMMUNITY
S
AFETY
G
RANTS
.—Of the amounts made avail-
able 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) C
REDITS TO
A
PPROPRIATIONS
.—
‘‘(1) E
XPENSES
.—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) A
VAILABILITY OF AMOUNTS
.—Amounts made available
under this section shall remain available until expended.’’.
49 USC 5101
note.
Hazardous
Materials
Transportation
Safety
Improvement Act
of 2015.
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129 STAT. 1589 PUBLIC LAW 114–94—DEC. 4, 2015
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) F
EDERALLY
D
ECLARED
D
ISASTERS AND
E
MERGENCIES
.—
‘‘(1) I
N 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 move-
ment 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) P
ERIOD 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 objec-
tives of this chapter.
‘‘(3) S
TATEMENT 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) L
IMITATION ON
D
ENIAL
.—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 disqualifica-
tion 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 insuffi-
cient to address the safety concerns identified during the course
of the comprehensive review.’’.
SEC. 7203. IMPROVING THE EFFECTIVENESS OF PLANNING AND
TRAINING GRANTS.
(a) P
LANNING AND
T
RAINING
G
RANTS
.—Section 5116 of title
49, United States Code, is amended—
(1) by redesignating subsections (c) through (k) as sub-
sections (b) through (j), respectively,
(2) by striking subsection (b); and
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129 STAT. 1590 PUBLIC LAW 114–94—DEC. 4, 2015
(3) by striking subsection (a) and inserting the following:
‘‘(a) P
LANNING AND
T
RAINING
G
RANTS
.—(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 jurisdic-
tion 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 transpor-
tation of hazardous material in accordance with existing regulations
or National Fire Protection Association standards for competence
of responders to accidents and incidents involving hazardous mate-
rials.
‘‘(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 Fed-
eral 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 con-
sistent with the objectives of this section.
‘‘(4) A State or Indian tribe receiving a grant under this sub-
section 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 Sec-
retary, to provide the training if—
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129 STAT. 1591 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(i) the agreement allows the Secretary and the State
or Indian tribe to conduct random examinations, inspec-
tions, 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 trans-
ported 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 effec-
tively managing planning and training grants; and
‘‘(F) any other factors the Secretary determines are appro-
priate to carry out this subsection.’’.
(b) T
ECHNICAL AND
C
ONFORMING
A
MENDMENTS
.—
(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 ‘‘sub-
section (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) S
AVINGS
C
LAUSE
.—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.
49 USC 5116
note.
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129 STAT. 1592 PUBLIC LAW 114–94—DEC. 4, 2015
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 spe-
cial permit other than a new special permit or a modifica-
tion 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) D
ISCLOSURE OF
F
INAL
A
CTION
.—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, modi-
fication 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) W
ITHDRAWAL
.—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) S
AVINGS
C
LAUSE
.—Nothing in this section shall prohibit
the Secretary from issuing standards or regulations regarding the
safety of external product piping on cargo tanks transporting flam-
mable liquids after the withdrawal is carried out pursuant to sub-
section (a).
SEC. 7207. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION EXAMINA-
TIONS.
(a) I
N
G
ENERAL
.—Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
49 USC 5103
note.
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129 STAT. 1593 PUBLIC LAW 114–94—DEC. 4, 2015
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) E
VALUATION
.—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 quali-
fied and capable of performing classifications, and make rec-
ommendations 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 suffi-
ciently 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 classi-
fications, 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 Regula-
tions, of those applications how many classifications rec-
ommended 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) A
CTION
P
LAN
.—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) R
EGULATIONS
.—If the report required under subsection (a)
recommends new regulations in order for the Secretary to have
confidence in the accuracy of classification recommendations ren-
dered by persons approved to perform classification examinations
required under section 173.56(b) of title 49, Code of Federal Regula-
tions, the Secretary shall consider such recommendations, and if
determined appropriate, issue regulations to address the rec-
ommendations not later than 18 months after the date of the
publication of the plan under subsection (c).
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
49 USC 31305
note.
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129 STAT. 1594 PUBLIC LAW 114–94—DEC. 4, 2015
part 383 of title 49, Code of Federal Regulations, if the license
holder—
(1) is acting within the scope of the license holder’s employ-
ment as an employee of a custom harvester operation,
agrichemical business, farm retail outlet and supplier, or live-
stock 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) C
OMMUNITY
S
AFETY
G
RANTS
.—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 haz-
ardous materials, including Class 3 flammable liquids by rail;
and
‘‘(2) training State and local personnel responsible for
enforcing the safe transportation of hazardous materials,
including Class 3 flammable liquids.’’.
SEC. 7302. REAL-TIME EMERGENCY RESPONSE INFORMATION.
(a) I
N
G
ENERAL
.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary, in consultation with appropriate
Federal agencies, shall issue regulations that—
(1) require a Class I railroad transporting hazardous mate-
rials—
(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 des-
ignated 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
49 USC 20103
note.
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129 STAT. 1595 PUBLIC LAW 114–94—DEC. 4, 2015
public health or safety emergency involving the rail transpor-
tation 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 mate-
rial changes to any volumes or frequencies of trains trav-
eling through a county;
(C) identification and a description of the Class 3 flam-
mable 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 emer-
gency 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 mate-
rials;
(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 incor-
porate the Class II railroad or Class III railroad’s train consist
information within the existing framework described in para-
graph (1).
(b) D
EFINITIONS
.—In this section:
(1) A
PPLICABLE 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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129 STAT. 1596 PUBLIC LAW 114–94—DEC. 4, 2015
(2) C
LASS I RAILROAD
;
CLASS II RAILROAD
;
CLASS III RAIL
-
ROAD
.—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) C
LASS 3 FLAMMABLE LIQUID
.—The term ‘‘Class 3 flam-
mable liquid’’ has the meaning given the term flammable liquid
in section 173.120(a) of title 49, Code of Federal Regulations.
(4) F
USION 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) H
AZARDOUS 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) H
IGH
-
HAZARD FLAMMABLE TRAIN
.—The term ‘‘high-
hazard flammable train’’ means a single train transporting
20 or more tank cars loaded with a Class 3 flammable liquid
in a continuous block or a single train transporting 35 or
more tank cars loaded with a Class 3 flammable liquid through-
out the train consist.
(7) T
RAIN 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) S
AVINGS
C
LAUSE
.—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 rep-
resenting or including first responders, emergency response officials,
and law enforcement personnel.
SEC. 7303. EMERGENCY RESPONSE.
(a) I
N
G
ENERAL
.—The Comptroller General of the United States
shall conduct a study to determine whether limitations or weak-
nesses exist in the emergency response information carried by train
crews transporting hazardous materials.
(b) C
ONTENTS
.—In conducting the study under subsection (a),
the Comptroller General shall evaluate the differences between
the emergency response information carried by train crews trans-
porting hazardous materials and the emergency response guidance
provided in the Emergency Response Guidebook issued by the
Department of Transportation.
(c) R
EPORT
.—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 sub-
section (a) and any recommendations for legislative action.
SEC. 7304. PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS
3 FLAMMABLE LIQUIDS.
(a) I
N
G
ENERAL
.—Except as provided for in subsection (b),
beginning on the date of enactment of this Act, all DOT–111 speci-
fication railroad tank cars used to transport Class 3 flammable
liquids shall meet the DOT–117, DOT–117P, or DOT–117R speci-
fications in part 179 of title 49, Code of Federal Regulations, regard-
less of train composition.
(b) P
HASE
-O
UT
S
CHEDULE
.—Certain tank cars not meeting
DOT–117, DOT–117P, or DOT–117R specifications on the date of
49 USC 20155
note.
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129 STAT. 1597 PUBLIC LAW 114–94—DEC. 4, 2015
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 speci-
fied in paragraphs (1) and (2), May 1, 2029.
(c) R
ETROFITTING
S
HOP
C
APACITY
.—The Secretary may extend
the deadlines established under paragraphs (3) and (4) of subsection
(b) for a period not to exceed 2 years if the Secretary determines
that insufficient retrofitting shop capacity will prevent the phase-
out of tank cars not meeting the DOT–117, DOT–117P, or DOT–
117R specifications by the deadlines set forth in such paragraphs.
(d) C
ONFORMING
R
EGULATORY
A
MENDMENTS
.—
(1) I
N 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 nec-
essary 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 require-
ments of this section.
(2) I
MPLEMENTATION
.—Nothing in this section shall be con-
strued to require the Secretary to issue regulations, except
as required under paragraph (1), to implement this section.
(e) S
AVINGS
C
LAUSE
.—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) C
LASS
3 F
LAMMABLE
L
IQUID
D
EFINED
.—In this section, the
term ‘‘Class 3 flammable liquid’’ has the meaning given the term
flammable liquid in section 173.120(a) of title 49, Code of Federal
Regulations.
SEC. 7305. THERMAL BLANKETS.
(a) R
EQUIREMENTS
.—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
49 USC 20155
note.
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129 STAT. 1598 PUBLIC LAW 114–94—DEC. 4, 2015
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) S
AVINGS
C
LAUSE
.—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 sub-
section (a).
SEC. 7306. MINIMUM REQUIREMENTS FOR TOP FITTINGS PROTECTION
FOR CLASS DOT–117R TANK CARS.
(a) P
ROTECTIVE
H
OUSING
.—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 drain-
age 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) P
RESSURE
R
ELIEF
D
EVICES
.—
(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) A
LTERNATIVE
P
ROTECTION
.—As an alternative to the protec-
tive 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 PUBLIC LAW 114–94—DEC. 4, 2015
(d) I
MPLEMENTATION
.—Nothing in this section shall be con-
strued to require the Secretary to issue regulations to implement
this section.
(e) S
AVINGS
C
LAUSE
.—Nothing in this section shall prohibit
the Secretary from approving new technologies, methods or require-
ments 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 Com-
mittee 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 imple-
mented;
(3) a plan for completing such final rule as soon as prac-
ticable; and
(4) the estimated date of completion of such final rule.
SEC. 7308. MODIFICATION REPORTING.
(a) I
N
G
ENERAL
.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall implement a reporting require-
ment 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) T
ANK
C
AR
D
ATA
.—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 modi-
fied, 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) T
ANK
C
AR
S
HOP
D
ATA
.—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-
49 USC 20155
note.
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129 STAT. 1600 PUBLIC LAW 114–94—DEC. 4, 2015
valid estimates of the anticipated number of tank cars those facili-
ties expect to modify to DOT–117R specification, or equivalent,
or build to the DOT–117 specification, or equivalent.
(d) F
REQUENCY
.—The Secretary shall collect the data under
subsection (b) and conduct the survey under subsection (c) annually
until May 1, 2029.
(e) I
NFORMATION
P
ROTECTIONS
.—
(1) I
N GENERAL
.—The Secretary shall only report data in
industry-wide totals and shall treat company-specific informa-
tion as confidential business information.
(2) L
EVEL 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) D
ESIGNEE
.—The Secretary may—
(A) designate the Director of the Bureau of Transpor-
tation 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) R
EPORT
.—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 Transpor-
tation of the Senate; and
(2) the Committee on Transportation and Infrastructure
of the House of Representatives.
(g) D
EFINITION OF
C
LASS
3 F
LAMMABLE
L
IQUID
.—In this section,
the term ‘‘Class 3 flammable liquid’’ has the meaning given the
term flammable liquid in section 173.120 of title 49, Code of Federal
Regulations.
SEC. 7309. REPORT ON CRUDE OIL CHARACTERISTICS RESEARCH
STUDY.
Not later than 180 days after the research completion of the
comprehensive Crude Oil Characteristics Research Sampling, Anal-
ysis, 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 Com-
merce, 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 Representa-
tives, and the Committee on Energy and Commerce of the House
of Representatives that contains—
(1) the results of the comprehensive Crude Oil Characteris-
tics 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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129 STAT. 1601 PUBLIC LAW 114–94—DEC. 4, 2015
(B) legislation to improve the safe transport of crude
oil.
SEC. 7310. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY.
(a) I
N
G
ENERAL
.—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) C
ONTENTS
.—ln conducting the study under subsection (a),
the Secretary shall evaluate—
(1) the level and structure of insurance, including self-
insurance, available in the private market against the full
liability potential for damages arising from an accident or
incident involving a train transporting hazardous materials;
(2) the level and structure of insurance that would be
necessary and appropriate—
(A) to efficiently allocate risk and financial responsi-
bility for claims; and
(B) to ensure that a railroad carrier transporting haz-
ardous materials can continue to operate despite the risk
of an accident or incident; and
(3) the potential applicability, for a train transporting haz-
ardous 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 Govern-
ment.
(c) R
EPORT
.—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 Transpor-
tation of the Senate; and
(2) the Committee on Transportation and Infrastructure
of the House of Representatives.
(d) D
EFINITIONS
.—ln this section:
(1) H
AZARDOUS 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) R
AILROAD CARRIER
.—The term ‘‘railroad carrier’’ has
the meaning given the term in section 20102 of title 49, United
States Code.
SEC. 7311. STUDY AND TESTING OF ELECTRONICALLY CONTROLLED
PNEUMATIC BRAKES.
(a) G
OVERNMENT
A
CCOUNTABILITY
O
FFICE
S
TUDY
.—
(1) I
N 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) S
TUDY ELEMENTS
.—In completing the independent
evaluation under paragraph (1), the Comptroller General shall
examine the following issues related to ECP brake systems:
49 USC 20141
note.
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129 STAT. 1602 PUBLIC LAW 114–94—DEC. 4, 2015
(A) Data and modeling results on safety benefits rel-
ative to conventional brakes and to other braking tech-
nologies 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 chal-
lenges, 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 integra-
tion complexities, component availability issues, and tank
car shop capabilities.
(F) Analysis of international experiences with the use
of advanced braking technologies.
(3) R
EPORT
.—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) E
MERGENCY
B
RAKING
A
PPLICATION
T
ESTING
.—
(1) I
N GENERAL
.—The Secretary shall enter into an agree-
ment with the National Academy of Sciences to—
(A) complete testing of ECP brake systems during
emergency braking application, including more than 1 sce-
nario 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 Transpor-
tation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the testing.
(2) I
NDEPENDENT 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 appro-
priate, 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 Stand-
ards 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) T
ESTING 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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129 STAT. 1603 PUBLIC LAW 114–94—DEC. 4, 2015
(C) the measures of in-train forces; and
(D) the stopping distance.
(4) F
UNDING
.—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) E
QUIPMENT
.—
(A) R
ECEIPT
.—The National Academy of Sciences and
each contractor described in paragraph (2) may receive
or use rolling stock, track, and other equipment or infra-
structure from a railroad carrier or other private entity
for the purposes of conducting the testing required under
this section.
(B) C
ONTRACTED 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) E
VIDENCE
-B
ASED
A
PPROACH
.—
(1) A
NALYSIS
.—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) D
ETERMINATION
.—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 determina-
tion 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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129 STAT. 1604 PUBLIC LAW 114–94—DEC. 4, 2015
(3) S
AVINGS CLAUSE
.—Nothing in this section shall be con-
strued to prohibit the Secretary from implementing the final
rule described under subsection (b)(2)(A) prior to the determina-
tion 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 pursu-
ant to this subsection.
(d) D
EFINITIONS
.—In this section, the following definitions
apply:
(1) A
PPLICABLE ECP BRAKE SYSTEM REQUIREMENTS
.—The
term ‘‘applicable ECP brake system requirements’’ means sec-
tions 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) C
LASS 3 FLAMMABLE LIQUID
.—The term ‘‘Class 3 flam-
mable 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) I
N 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) I
NCLUSIONS
.—The term ‘‘ECP brake system’’
includes dual mode and stand-alone ECP brake systems.
(6) R
AILROAD CARRIER
.—The term ‘‘railroad carrier’’ has
the meaning given the term in section 20102 of title 49, United
States Code.
(7) R
EPORT DATE
.—The term ‘‘report date’’ means the date
that the reports under subsections (a)(3) and (b)(1)(B) are
required to be transmitted pursuant to those subsections.
TITLE VIII—MULTIMODAL FREIGHT
TRANSPORTATION
SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION.
(a) I
N
G
ENERAL
.—Subtitle IX of title 49, United States Code,
is amended to read as follows:
49 USC
prec. 70101.
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129 STAT. 1605 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘Subtitle IX—Multimodal Freight
Transportation
‘‘Chapter Sec.
‘‘701. Multimodal freight policy ............................................................................ 70101
‘‘702. Multimodal freight transportation planning and information ................. 70201
‘‘CHAPTER 701—MULTIMODAL FREIGHT POLICY
‘‘Sec.
‘‘70101. National multimodal freight policy.
‘‘70102. National freight strategic plan.
‘‘70103. National Multimodal Freight Network.
‘‘§ 70101. National multimodal freight policy
‘‘(a) I
N
G
ENERAL
.—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) G
OALS
.—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 competitive-
ness 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 cen-
ters;
‘‘(B) travel between rural areas and population centers;
and
‘‘(C) travel from the Nation’s ports, airports, and gate-
ways to the National Multimodal Freight Network;
‘‘(8) to improve the flexibility of States to support multi-
State corridor planning and the creation of multi-State
organizations to increase the ability of States to address
multimodal freight connectivity;
‘‘(9) to reduce the adverse environmental impacts of freight
movement on the National Multimodal Freight Network; and
49 USC 70101.
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129 STAT. 1606 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 govern-
ments.
‘‘(c) I
MPLEMENTATION
.—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 pro-
mote freight planning and coordination.
‘‘§ 70102. National freight strategic plan
‘‘(a) I
N
G
ENERAL
.—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) C
ONTENTS
.—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 oper-
ational 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 encour-
aging 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.
49 USC 70102.
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129 STAT. 1607 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(c) U
PDATES
.—Not later than 5 years after the date of comple-
tion 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) C
ONSULTATION
.—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 transpor-
tation, metropolitan planning organizations, and other appro-
priate public and private transportation stakeholders.
‘‘§ 70103. National Multimodal Freight Network
‘‘(a) I
N
G
ENERAL
.—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 move-
ment 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) I
NTERIM
N
ETWORK
.—
‘‘(1) I
N 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) N
ETWORK COMPONENTS
.—The interim National
Multimodal Freight Network shall include—
‘‘(A) the National Highway Freight Network, as estab-
lished 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 Com-
merce 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.
49 USC 70103.
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129 STAT. 1608 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(c) F
INAL
N
ETWORK
.—
‘‘(1) I
N GENERAL
.—Not later than 1 year after the date
of enactment of this section, the Under Secretary, after solic-
iting 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 facili-
ties 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) F
ACTORS
.—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 impor-
tance 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, agri-
culture, 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) C
ONSIDERATIONS
.—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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129 STAT. 1609 PUBLIC LAW 114–94—DEC. 4, 2015
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) S
TATE INPUT
.—
‘‘(A) I
N GENERAL
.—Each State that proposes additional
designations for the National Multimodal Freight Network
shall—
‘‘(i) consider nominations for additional designa-
tions from metropolitan planning organizations and
State freight advisory committees, as applicable, within
the State;
‘‘(ii) consider nominations for additional designa-
tions from owners and operators of port, rail, pipeline,
and airport facilities; and
‘‘(iii) ensure that additional designations are con-
sistent with the State transportation improvement pro-
gram or freight plan.
‘‘(B) C
RITICAL RURAL FREIGHT FACILITIES AND COR
-
RIDORS
.—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 explo-
ration, 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 impor-
tance to the economy of the State.
‘‘(C) L
IMITATION
.—
‘‘(i) I
N GENERAL
.—A State may propose additional
designations to the National Multimodal Freight Net-
work 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) D
ETERMINATION 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) S
UBMISSION 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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129 STAT. 1610 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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) R
EDESIGNATION OF
N
ATIONAL
M
ULTIMODAL
F
REIGHT
N
ET
-
WORK
.—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
‘‘Sec.
‘‘70201. State freight advisory committees.
‘‘70202. State freight plans.
‘‘70203. Transportation investment data and planning tools.
‘‘70204. Savings provision.
‘‘§ 70201. State freight advisory committees
‘‘(a) I
N
G
ENERAL
.—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) R
OLE OF
C
OMMITTEE
.—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.
‘‘§ 70202. State freight plans
‘‘(a) I
N
G
ENERAL
.—Each State that receives funding under sec-
tion 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) P
LAN
C
ONTENTS
.—A State freight plan described in sub-
section (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 cor-
ridors designated within the State under section 70103
of this title; and
49 USC 70202.
49 USC 70201.
49 USC
prec. 70201.
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129 STAT. 1611 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(B) critical rural and urban freight corridors des-
ignated 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 oper-
ational strategies, including freight intelligent transportation
systems, that improve the safety and efficiency of freight move-
ment, were considered;
‘‘(6) in the case of roadways on which travel by heavy
vehicles (including mining, agricultural, energy cargo or equip-
ment, and timber vehicles) is projected to substantially deterio-
rate the condition of the roadways, a description of improve-
ments that may be required to reduce or impede the deteriora-
tion;
‘‘(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 com-
mittee, if applicable.
‘‘(c) R
ELATIONSHIP TO
L
ONG
-R
ANGE
P
LAN
.—
‘‘(1) I
NCORPORATION
.—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) F
ISCAL 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) P
LANNING
P
ERIOD
.—A State freight plan described in sub-
section (a) shall address a 5-year forecast period.
‘‘(e) U
PDATES
.—
‘‘(1) I
N GENERAL
.—A State shall update a State freight
plan described in subsection (a) not less frequently than once
every 5 years.
‘‘(2) F
REIGHT 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) I
N
G
ENERAL
.—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-
49 USC 70203.
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129 STAT. 1612 PUBLIC LAW 114–94—DEC. 4, 2015
based approach to evaluate proposed freight-related and other
transportation projects, including—
‘‘(A) methodologies for systematic analysis of benefits
and costs on a national or regional basis;
‘‘(B) tools for ensuring that the evaluation of freight-
related and other transportation projects could consider
safety, economic competitiveness, urban and rural access,
environmental sustainability, and system condition in the
project selection process;
‘‘(C) improved methods for data collection and trend
analysis;
‘‘(D) encouragement of public-private collaboration to
carry out data sharing activities while maintaining the
confidentiality of all proprietary data; and
‘‘(E) other tools to assist in effective transportation
planning;
‘‘(2) identify transportation-related model data elements
to support a broad range of evaluation methods and techniques
to assist in making transportation investment decisions; and
‘‘(3) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing freight
flow data collection efforts that could reduce identified freight
data gaps and deficiencies and help improve forecasts of freight
transportation demand.
‘‘(b) C
ONSULTATION
.—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).
‘‘§ 70204. Savings provision
‘‘Nothing in this subtitle provides additional authority to regu-
late or direct private activity on freight networks designated under
this subtitle.’’.
(b) C
LERICAL
A
MENDMENT
.—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 TRANS-
PORTATION AND INNOVATIVE FI-
NANCE BUREAU
SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE
FINANCE BUREAU.
(a) I
N
G
ENERAL
.—Chapter 1 of title 49, United States Code,
is amended by adding at the end the following:
‘‘§ 116. National Surface Transportation and Innovative
Finance Bureau
‘‘(a) E
STABLISHMENT
.—The Secretary of Transportation shall
establish a National Surface Transportation and Innovative Finance
Bureau in the Department.
‘‘(b) P
URPOSES
.—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);
49 USC 116.
49 USC
prec. 101.
49 USC 70204.
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129 STAT. 1613 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 sub-
section (f); and
‘‘(5) to reduce costs and risks to taxpayers in project
delivery and procurement in accordance with subsection (g).
‘‘(c) E
XECUTIVE
D
IRECTOR
.—
‘‘(1) A
PPOINTMENT
.—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) D
UTIES
.—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 estab-
lished under section 117 in accordance with this section;
and
‘‘(D) carry out such additional duties as the Secretary
may prescribe.
‘‘(d) A
DMINISTRATION OF
C
ERTAIN
A
PPLICATION
P
ROCESSES
.—
‘‘(1) I
N GENERAL
.—The Bureau shall administer the applica-
tion processes for the following programs:
‘‘(A) The infrastructure finance programs authorized
under chapter 6 of title 23.
‘‘(B) The railroad rehabilitation and improvement
financing program authorized under sections 501 through
503 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 821–823).
‘‘(C) Amount allocations authorized under section
142(m) of the Internal Revenue Code of 1986.
‘‘(D) The nationally significant freight and highway
projects program under section 117 of title 23.
‘‘(2) C
ONGRESSIONAL NOTIFICATION
.—The Executive
Director shall ensure that the congressional notification
requirements for each program referred to in paragraph (1)
are followed in accordance with the statutory provisions
applicable to the program.
‘‘(3) R
EPORTS
.—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) C
OORDINATION
.—In administering the application proc-
esses for the programs referred to in paragraph (1), the Execu-
tive Director shall coordinate with appropriate officials in the
Department and its modal administrations responsible for
administering such programs.
‘‘(5) S
TREAMLINING 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 Com-
mittee on Commerce, Science, and Transportation, the Com-
mittee on Banking, Housing, and Urban Affairs, and the Com-
mittee on Environment and Public Works of the Senate a
report that—
‘‘(A) evaluates the application processes for the pro-
grams referred to in paragraph (1);
‘‘(B) identifies administrative and legislative actions
that would improve the efficiency of the application proc-
esses without diminishing Federal oversight; and
‘‘(C) describes how the Executive Director will imple-
ment administrative actions identified under subparagraph
(B) that do not require an Act of Congress.
‘‘(6) P
ROCEDURES AND TRANSPARENCY
.—
‘‘(A) P
ROCEDURES
.—With respect to the programs
referred to in paragraph (1), the Executive Director shall—
‘‘(i) establish procedures for analyzing and evalu-
ating applications and for utilizing the recommenda-
tions of the Council on Credit and Finance;
‘‘(ii) establish procedures for addressing late-
arriving applications, as applicable, and commu-
nicating 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) R
EVIEW
.—
‘‘(i) I
N GENERAL
.—The Comptroller General of the
United States shall review the compliance of the Execu-
tive Director with the requirements of this paragraph.
‘‘(ii) R
ECOMMENDATIONS
.—The Comptroller Gen-
eral may make recommendations to the Executive
Director in order to improve compliance with the
requirements of this paragraph.
‘‘(iii) R
EPORT
.—Not later than 3 years after the
date of enactment of this section, the Comptroller Gen-
eral 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) I
NNOVATIVE
F
INANCING
B
EST
P
RACTICES
.—
‘‘(1) I
N 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 partner-
ships.
‘‘(2) A
CTIVITIES
.—The Bureau shall carry out paragraph
(1)—
‘‘(A) by making Federal credit assistance programs
more accessible to eligible recipients;
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129 STAT. 1615 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(B) by providing advice and expertise to eligible enti-
ties that seek to leverage public and private funding;
‘‘(C) by sharing innovative financing best practices and
case studies from eligible entities with other eligible enti-
ties 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 prac-
tices, including best practices related to—
‘‘(I) accurate and reliable assumptions for ana-
lyzing 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 appro-
priate by the Bureau;
‘‘(ii) standard contracts for the most common types
of public-private partnerships for transportation facili-
ties; 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) T
RANSPARENCY
.—The Bureau shall—
‘‘(A) ensure the transparency of a project receiving
credit assistance under a program referred to in subsection
(d)(1) and procured as a public-private partnership by—
‘‘(i) requiring the sponsor of the project to undergo
a value for money analysis or a comparable analysis
prior to deciding to advance the project as a public-
private partnership;
‘‘(ii) requiring the analysis required under subpara-
graph (A), and other key terms of the relevant public-
private partnership agreement, to be made publicly
available by the project sponsor at an appropriate time;
‘‘(iii) not later than 3 years after the date of
completion of the project, requiring the sponsor of the
project to conduct a review regarding whether the pri-
vate 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 partner-
ships.
‘‘(4) S
UPPORT TO PROJECT SPONSORS
.—At the request of
an eligible entity, the Bureau shall provide technical assistance
to the eligible entity regarding proposed public-private partner-
ship agreements for transportation facilities, including assist-
ance in performing a value for money analysis or comparable
analysis.
‘‘(f) E
NVIRONMENTAL
R
EVIEW AND
P
ERMITTING
.—
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129 STAT. 1616 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) I
N 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) A
CTIVITIES
.—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 permit-
ting 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) S
UPPORT 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 Depart-
ment, 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 environ-
mental permits.
‘‘(g) P
ROJECT
P
ROCUREMENT
.—
‘‘(1) I
N GENERAL
.—The Bureau shall promote best practices
in procurement for a project receiving assistance under a pro-
gram referred to in subsection (d)(1) by developing, in coordina-
tion 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) P
ROCUREMENT 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) D
ATA COLLECTION
.—The Bureau shall—
‘‘(A) collect information related to procurement bench-
marks 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) E
LIMINATION AND
C
ONSOLIDATION OF
D
UPLICATIVE
O
FFICES
.—
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129 STAT. 1617 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) E
LIMINATION OF OFFICES
.—The Secretary may elimi-
nate any office within the Department if the Secretary deter-
mines 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) C
ONSOLIDATION 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) S
TAFFING AND BUDGETARY RESOURCES
.—
‘‘(A) I
N GENERAL
.—The Secretary shall ensure that the
Bureau is adequately staffed and funded.
‘‘(B) S
TAFFING
.—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) S
AVINGS PROVISION
.—If the Secretary transfers
a position to the Bureau under subparagraph (B), the Sec-
retary, in coordination with the appropriate modal adminis-
tration, shall ensure that the transfer of the position does
not adversely affect the obligations of the modal adminis-
tration under any Federal law.
‘‘(D) B
UDGETARY RESOURCES
.—
‘‘(i) T
RANSFER 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 allo-
cated to any office or office function that is eliminated
or consolidated under this subsection to carry out the
purposes of the Bureau.
‘‘(ii) T
RANSFER OF FUNDS ALLOCATED TO ADMINIS
-
TRATIVE 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) N
OTIFICATION
.—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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129 STAT. 1618 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(i) S
AVINGS
P
ROVISIONS
.—
‘‘(1) L
AWS 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) R
ESPONSIBILITIES
.—Nothing in this section may be con-
strued 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 implementa-
tion for the programs and projects subject to this section.
‘‘(3) A
PPLICABILITY
.—Nothing in this section may be con-
strued 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) D
EFINITIONS
.—In this section, the following definitions
apply:
‘‘(1) B
UREAU
.—The term ‘Bureau’ means the National Sur-
face Transportation and Innovative Finance Bureau of the
Department.
‘‘(2) D
EPARTMENT
.—The term ‘Department’ means the
Department of Transportation.
‘‘(3) E
LIGIBLE 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) E
XECUTIVE DIRECTOR
.—The term ‘Executive Director’
means the Executive Director of the Bureau.
‘‘(5) M
ULTIMODAL PROJECT
.—The term ‘multimodal project’
means a project involving the participation of more than 1
modal administration or secretarial office within the Depart-
ment.
‘‘(6) P
ROJECT
.—The term ‘project’ means a highway project,
public transportation capital project, freight or passenger rail
project, or multimodal project.’’.
(b) C
LERICAL
A
MENDMENT
.—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) I
N
G
ENERAL
.—Chapter 1 of title 49, United States Code,
as amended by this Act, is further amended by adding at the
end the following:
‘‘§ 117. Council on Credit and Finance
‘‘(a) E
STABLISHMENT
.—The Secretary of Transportation shall
establish a Council on Credit and Finance in accordance with this
section.
‘‘(b) M
EMBERSHIP
.—
‘‘(1) I
N 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 Sec-
retary for Budget and Programs.
‘‘(D) The General Counsel of the Department of
Transportation.
‘‘(E) The Assistant Secretary for Transportation Policy.
49 USC 117.
49 USC 101.
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129 STAT. 1619 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(F) The Administrator of the Federal Highway
Administration.
‘‘(G) The Administrator of the Federal Transit Adminis-
tration.
‘‘(H) The Administrator of the Federal Railroad
Administration.
‘‘(2) A
DDITIONAL MEMBERS
.—The Secretary may designate
up to 3 additional officials of the Department to serve as
at-large members of the Council.
‘‘(3) C
HAIRPERSON AND VICE CHAIRPERSON
.—
‘‘(A) C
HAIRPERSON
.—The Deputy Secretary of
Transportation shall serve as the chairperson of the
Council.
‘‘(B) V
ICE CHAIRPERSON
.—The Chief Financial Officer
and Assistant Secretary for Budget and Programs shall
serve as the vice chairperson of the Council.
‘‘(4) E
XECUTIVE DIRECTOR
.—The Executive Director of the
National Surface Transportation and Innovative Finance
Bureau shall serve as a nonvoting member of the Council.
‘‘(c) D
UTIES
.—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 assist-
ance under such programs; and
‘‘(5) carry out such additional duties as the Secretary may
prescribe.’’.
(b) C
LERICAL
A
MENDMENT
.—The analysis for such chapter is
further amended by adding at the end the following:
‘‘117. Council on Credit and Finance.’’.
TITLE X—SPORT FISH RESTORATION
AND RECREATIONAL BOATING SAFETY
SEC. 10001. ALLOCATIONS.
(a) A
UTHORIZATION
.—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) I
N
G
ENERAL
.—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 sec-
tion 14(e)’’;
(B) in paragraph (1), by striking ‘‘18.5 percent’’ and
inserting ‘‘18.673 percent’’;
49 USC
prec. 101.
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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) B
OATING INFRASTRUCTURE IMPROVEMENT
.—
‘‘(A) I
N 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) L
IMITATION
.—Not more than 75 percent of the
amount under subparagraph (A) shall be available for
projects under either of the sections referred to in subpara-
graph (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) S
ET
-
ASIDE FOR COAST GUARD ADMINISTRATION
.—
‘‘(A) I
N 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) A
VAILABLE 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 there-
after, 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 pre-
ceding 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 sub-
section (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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129 STAT. 1621 PUBLIC LAW 114–94—DEC. 4, 2015
(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 per-
cent’’; and
(D) by adding at the end the following:
‘‘(2) The Secretary shall deduct from the amount to be appor-
tioned 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) S
UBMISSION AND
A
PPROVAL OF
P
LANS AND
P
ROJECTS
.—Sec-
tion 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) U
NEXPENDED OR
U
NOBLIGATED
F
UNDS
.—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) C
OOPERATION
.—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) O
THER
A
CTIVITIES
.—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 appro-
priation 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) R
EPEAL
.—The Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777 et seq.) is amended—
(1) by striking section 15; and
(2) by redesignating section 16 as section 15.
SEC. 10002. RECREATIONAL BOATING SAFETY.
Section 13107 of title 46, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘(1) Subject to paragraph (2) and sub-
section (c),’’ and inserting ‘‘Subject to subsection (c),’’;
(B) by striking ‘‘the sum of (A) the amount made avail-
able from the Boat Safety Account for that fiscal year
under section 15 of the Dingell-Johnson Sport Fish Restora-
tion Act and (B)’’; and
(C) by striking paragraph (2); and
(2) in subsection (c)—
(A) by striking the subsection designation and para-
graph (1) and inserting the following:
16 USC 777 note.
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129 STAT. 1622 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 pro-
grams 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 compli-
ance with chapter 43 of this title; and
‘‘(ii) not more than $1,500,000 is available to conduct by
grant or contract a survey of levels of recreational boating
participation and related matters in the United States.’’; and
(B) in paragraph (2)—
(i) by striking ‘‘No funds’’ and inserting ‘‘On and
after October 1, 2016, no funds’’; and
(ii) by striking ‘‘traditionally’’.
TITLE XI—RAIL
SEC. 11001. SHORT TITLE.
This title may be cited as the ‘‘Passenger Rail Reform and
Investment Act of 2015’’.
Subtitle A—Authorizations
SEC. 11101. AUTHORIZATION OF GRANTS TO AMTRAK.
(a) N
ORTHEAST
C
ORRIDOR
.—There are authorized to be appro-
priated to the Secretary for the use of Amtrak for activities associ-
ated 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) N
ATIONAL
N
ETWORK
.—There are authorized to be appro-
priated to the Secretary for the use of Amtrak for activities associ-
ated 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) P
ROJECT
M
ANAGEMENT
O
VERSIGHT
.—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) G
ULF
C
OAST
W
ORKING
G
ROUP
.—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
49 USC 20101
note.
Passenger Rail
Reform and
Investment Act
of 2015.
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129 STAT. 1623 PUBLIC LAW 114–94—DEC. 4, 2015
working group established under section 11304 of this Act and
carry out its responsibilities under such section.
(e) C
OMPETITION
.—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 appro-
priated 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) S
TATE
-
SUPPORTED
R
OUTE
C
OMMITTEE
.—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) N
ORTHEAST
C
ORRIDOR
C
OMMISSION
.—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) N
ORTHEAST
C
ORRIDOR
.—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) S
MALL
B
USINESS
P
ARTICIPATION
S
TUDY
.—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) I
N
G
ENERAL
.—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) P
ROJECT
M
ANAGEMENT
O
VERSIGHT
.—The Secretary may
withhold up to 1 percent from the amount appropriated under
subsection (a) of this section for the costs of project management
oversight of grants carried out under section 24407 of title 49,
United States Code.
SEC. 11103. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD
REPAIR.
(a) I
N
G
ENERAL
.—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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129 STAT. 1624 PUBLIC LAW 114–94—DEC. 4, 2015
(b) P
ROJECT
M
ANAGEMENT
O
VERSIGHT
.—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) I
N
G
ENERAL
.—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) P
ROJECT
M
ANAGEMENT
O
VERSIGHT
.—The Secretary may
withhold up to 1 percent from the amount appropriated under
subsection (a) of this section for the costs of project management
oversight of grants carried out under section 24408 of title 49,
United States Code.
SEC. 11105. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK
OFFICE OF INSPECTOR GENERAL.
There are authorized to be appropriated to the Office of
Inspector General of Amtrak the following amounts:
(1) For fiscal year 2016, $20,000,000.
(2) For fiscal year 2017, $20,500,000.
(3) For fiscal year 2018, $21,000,000.
(4) For fiscal year 2019, $21,500,000.
(5) For fiscal year 2020, $22,000,000.
SEC. 11106. DEFINITIONS.
(a) T
ITLE
49 A
MENDMENTS
.—Section 24102 of title 49, United
States Code, is amended—
(1) by redesignating paragraphs (5) through (9) as para-
graphs (7) through (11), respectively;
(2) by inserting after paragraph (4) the following new para-
graphs:
‘‘(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 phys-
ical 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) C
ONFORMING
A
MENDMENTS
.—
(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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129 STAT. 1625 PUBLIC LAW 114–94—DEC. 4, 2015
by striking ‘‘24102(5)(B) and (D)’’ and inserting ‘‘24102(7)(B)
and (D)’’.
Subtitle B—Amtrak Reforms
SEC. 11201. ACCOUNTS.
(a) I
N
G
ENERAL
.—Chapter 243 of title 49, United States Code,
is amended by adding at the end the following:
‘‘§ 24317. Accounts
‘‘(a) P
URPOSE
.—The purpose of this section is to—
‘‘(1) promote the effective use and stewardship by Amtrak
of Amtrak revenues, Federal, State, and third party invest-
ments, appropriations, grants and other forms of financial
assistance, and other sources of funds; and
‘‘(2) enhance the transparency of the assignment of reve-
nues and costs among Amtrak business lines while ensuring
the health of the Northeast Corridor and National Network.
‘‘(b) A
CCOUNT
S
TRUCTURE
.—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) F
INANCIAL
S
OURCES
.—In defining the account structure
and improvements to accounting methodologies required under sub-
section (b), the Secretary shall ensure, to the greatest extent prac-
ticable, 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 Cor-
ridor 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 pas-
senger 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, appro-
priations, grants and other forms of financial assistance, com-
pensation, 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.
49 USC 24317.
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129 STAT. 1626 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(d) F
INANCIAL
U
SES
.—In defining the account structure and
improvements to accounting methodologies required under sub-
section (b), the Secretary shall ensure, to the greatest extent prac-
ticable, that amounts assigned to the Northeast Corridor and
National Network accounts shall be used by Amtrak for the fol-
lowing:
‘‘(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, remanu-
facturing, overhauling, or improving equipment and associ-
ated facilities used for intercity rail passenger transpor-
tation 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) I
MPLEMENTATION AND
R
EPORTING
.—
‘‘(1) I
N 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) U
PDATED 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) A
CCOUNT
M
ANAGEMENT
.—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 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(g) T
RANSFER
A
UTHORITY
.—
‘‘(1) I
N 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 North-
east 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) R
EPORT
.—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 compari-
son 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 sce-
nario in which no transfer was made.
‘‘(3) N
OTIFICATIONS
.—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 para-
graph (2).
‘‘(h) R
EPORT
.—Not later than 2 years after the date of enact-
ment 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) D
EFINITION OF
N
ORTHEAST
C
ORRIDOR
.—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) C
ONFORMING
A
MENDMENT
.—The table of contents for
chapter 243 is amended by adding at the end the following:
‘‘24317. Accounts.’’.
49 USC
prec. 24301.
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129 STAT. 1628 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 11202. AMTRAK GRANT PROCESS.
(a) R
EQUIREMENTS AND
P
ROCEDURES
.—Chapter 243 of title 49,
United States Code, is further amended by adding at the end
the following:
‘‘§ 24318. Costs and revenues
‘‘(a) A
LLOCATION
.—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 appro-
priately allocated to the Northeast Corridor, including train services
or infrastructure, or the National Network, including proportional
shares of common and fixed costs.
‘‘(b) R
ULE OF
C
ONSTRUCTION
.—Nothing in this section shall
be construed to limit the ability of Amtrak to enter into an agree-
ment with 1 or more States to allocate operating and capital costs
under section 209 of the Passenger Rail Investment and Improve-
ment Act of 2008 (49 U.S.C. 24101 note).
‘‘(c) D
EFINITION OF
N
ORTHEAST
C
ORRIDOR
.—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.
‘‘§ 24319. Grant process
‘‘(a) P
ROCEDURES FOR
G
RANT
R
EQUESTS
.—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 Representa-
tives substantive and procedural requirements, including schedules,
for grant requests under this section.
‘‘(b) G
RANT
R
EQUESTS
.—Amtrak shall transmit to the Secretary
grant requests for Federal funds appropriated to the Secretary
of Transportation for the use of Amtrak.
‘‘(c) C
ONTENTS
.—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 activi-
ties, 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) R
EVIEW AND
A
PPROVAL
.—
‘‘(1) T
HIRTY
-
DAY APPROVAL PROCESS
.—
‘‘(A) I
N GENERAL
.—Not later than 30 days after the
date that Amtrak submits a grant request under this sec-
tion, the Secretary of Transportation shall complete a
review of the request and provide notice to Amtrak that—
‘‘(i) the request is approved; or
49 USC 24319.
49 USC 24318.
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129 STAT. 1629 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(ii) the request is disapproved, including the rea-
son for the disapproval and an explanation of any
incomplete or deficient items.
‘‘(B) G
RANT AGREEMENT
.—If a grant request is
approved, the Secretary shall enter into a grant agreement
with Amtrak.
‘‘(2) F
IFTEEN
-
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) M
ODIFIED REQUESTS
.—Not later than 15 days after
the date that Amtrak submits a modified request under para-
graph (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 Com-
mittee on Appropriations of the House of Representatives the
remaining deficiencies and recommend a process for resolving
the outstanding portions of the request.
‘‘(e) P
AYMENTS TO
A
MTRAK
.—
‘‘(1) I
N 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) S
CHEDULE
.—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 sub-
section (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) E
XCEPTIONS
.—The Secretary may make a payment
to Amtrak of appropriated funds—
‘‘(A) more frequently than the schedule under para-
graph (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 percent-
age allocations in the event of a continuing resolution or
in the absence of an appropriations Act for the duration
of a fiscal year.
‘‘(f) A
VAILABILITY OF
A
MOUNTS AND
E
ARLY
A
PPROPRIATIONS
.—
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) L
IMITATIONS ON
U
SE
.—Amounts appropriated to the Sec-
retary 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) D
EFINITION OF
N
ORTHEAST
C
ORRIDOR
.—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) C
ONFORMING
A
MENDMENTS
.—The table of contents for
chapter 243 is further amended by adding at the end the following:
‘‘24318. Costs and revenues.
‘‘24319. Grant process.’’.
(c) R
EPEALS
.—
(1) E
STABLISHMENT 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) A
UTHORIZATION 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.
SEC. 11203. 5-YEAR BUSINESS LINE AND ASSET PLANS.
(a) A
MTRAK
5-Y
EAR
B
USINESS
L
INE AND
A
SSET
P
LANS
.—Chapter
243 of title 49, United States Code, is further amended by inserting
after section 24319 the following:
‘‘§ 24320. Amtrak 5-year business line and asset plans
‘‘(a) I
N
G
ENERAL
.—
‘‘(1) F
INAL 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) F
ISCAL 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) A
MTRAK
5-Y
EAR
B
USINESS
L
INE
P
LANS
.—
‘‘(1) A
MTRAK BUSINESS LINES
.—Amtrak shall prepare a 5-
year business line plan for each of the following business lines
and services:
‘‘(A) Northeast Corridor train services.
‘‘(B) State-supported routes operated by Amtrak.
‘‘(C) Long-distance routes operated by Amtrak.
‘‘(D) Ancillary services operated by Amtrak, including
commuter operations and other revenue generating activi-
ties as determined by the Secretary in coordination with
Amtrak.
‘‘(2) C
ONTENTS OF 5
-
YEAR BUSINESS LINE PLANS
.—The 5-
year business line plan for each business line shall include,
at a minimum—
49 USC 24320.
49 USC
prec. 24101.
49 USC
prec. 24301.
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129 STAT. 1631 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 reve-
nues and other funding received from States;
‘‘(C) projected ridership levels for all passenger oper-
ations;
‘‘(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 oper-
ations;
‘‘(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 reli-
ability 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 estab-
lished 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) D
EFINITION OF NORTHEAST CORRIDOR
.—Notwith-
standing 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) A
MTRAK
5-Y
EAR
A
SSET
P
LANS
.—
‘‘(1) A
SSET 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 infra-
structure, and the associated facilities that support the
operation, maintenance, and improvement of those assets.
‘‘(B) Passenger rail equipment, including all Amtrak-
controlled rolling stock, locomotives, and mechanical shop
facilities that are used to overhaul equipment.
‘‘(C) Stations, including all Amtrak-controlled pas-
senger 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 transpor-
tation system.
‘‘(2) C
ONTENTS 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 rel-
evant 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 pri-
marily 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 man-
dates;
‘‘(ii) identifies each project or program that is asso-
ciated 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 oper-
ations, safety, reliability, and resilience;
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129 STAT. 1633 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 require-
ments of this subsection, Amtrak shall—
‘‘(A) consult with each business line described in sub-
section (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) E
VALUATION OF NATIONAL ASSETS COSTS
.—The Sec-
retary 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 oper-
ations 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) D
EFINITION OF NATIONAL ASSETS
.—In this section, the
term ‘national assets’ means the Nation’s core rail assets shared
among Amtrak services, including national reservations, secu-
rity, training and training centers, and other assets associated
with Amtrak’s national rail passenger transportation system.
‘‘(6) R
ESTRUCTURING 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) E
XEMPTION
.—
‘‘(A) I
N GENERAL
.—Upon written request from the
Amtrak Board of Directors, the Secretary may exempt
Amtrak from including in a plan required under this sub-
section any information described in paragraphs (1) and
(2).
‘‘(B) P
UBLIC 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) I
NCLUSION IN PLAN
.—Amtrak shall include in the
plan required under this subsection any request granted
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129 STAT. 1634 PUBLIC LAW 114–94—DEC. 4, 2015
under subparagraph (A) and justification under subpara-
graph (B).
‘‘(d) S
TANDARDS TO
P
ROMOTE
F
INANCIAL
S
TABILITY
.—In pre-
paring 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 Pas-
senger Rail Investment and Improvement Act of 2008 (49 U.S.C.
24101 note).’’.
(b) E
FFECTIVE
D
ATES
.—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) C
ONFORMING
A
MENDMENTS
.—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) R
EPEAL OF
5-Y
EAR
F
INANCIAL
P
LAN
.—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) A
MENDMENT
.—Chapter 247 of title 49, United States Code,
is amended by adding at the end the following:
‘‘§ 24712. State-supported routes operated by Amtrak
‘‘(a) S
TATE
-S
UPPORTED
R
OUTE
C
OMMITTEE
.—
‘‘(1) E
STABLISHMENT
.—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 sec-
tion 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) M
EMBERSHIP
.—
‘‘(A) I
N 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) N
ON
-
VOTING MEMBERS
.—The Committee may
invite and accept other non-voting members to participate
in Committee activities, as appropriate.
‘‘(3) D
ECISIONMAKING
.—The Committee shall establish a
bloc voting system under which, at a minimum—
49 USC 24712.
49 USC
prec. 24301.
49 USC 24320
note.
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129 STAT. 1635 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 mem-
bers 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) M
EETINGS
;
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 decision-
making procedures to be used in accordance with paragraph
(3); and
‘‘(B) be adopted in accordance with such decision-
making procedures.
‘‘(5) C
OMMITTEE DECISIONS
.—Decisions made by the Com-
mittee in accordance with the Committee’s rules and proce-
dures, once established, are binding on all Committee members.
‘‘(6) C
OST ALLOCATION METHODOLOGY
.—
‘‘(A) I
N 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) P
ROCEDURES FOR CHANGING METHODOLOGY
.—The
rules and procedures implemented under paragraph (4)
shall include procedures for changing the cost allocation
methodology.
‘‘(C) R
EQUIREMENTS
.—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) I
NVOICES AND
R
EPORTS
.—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 finan-
cial 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) D
ISPUTE
R
ESOLUTION
.—
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129 STAT. 1636 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) R
EQUEST 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 sub-
section (b), implementation or compliance with the cost alloca-
tion 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 Transpor-
tation Board conduct dispute resolution under this subsection.
‘‘(2) P
ROCEDURES
.—The Surface Transportation Board shall
establish procedures for resolution of disputes brought before
it under this subsection, which may include provision of profes-
sional mediation services.
‘‘(3) B
INDING EFFECT
.—A decision of the Surface Transpor-
tation Board under this subsection shall be binding on the
parties to the dispute.
‘‘(4) O
BLIGATION
.—Nothing in this subsection shall affect
the obligation of a State to pay an amount not in dispute.
‘‘(d) A
SSISTANCE
.—
‘‘(1) I
N 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) F
INANCIAL 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 deter-
mines necessary.
‘‘(e) P
ERFORMANCE
M
ETRICS
.—In negotiating a contract for oper-
ation 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) S
TATEMENT OF
G
OALS AND
O
BJECTIVES
.—
‘‘(1) I
N GENERAL
.—The Committee shall develop a state-
ment of goals, objectives, and associated recommendations con-
cerning the future of State-supported routes operated by
Amtrak. The statement shall identify the roles and responsibil-
ities 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 Com-
mittee may consult with such relevant entities, as the Com-
mittee considers appropriate, when developing the statement.
‘‘(2) T
RANSMISSION OF STATEMENT OF GOALS AND OBJEC
-
TIVES
.—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 Transpor-
tation and Infrastructure of the House of Representatives.
‘‘(g) R
ULE OF
C
ONSTRUCTION
.—The decisions of the Com-
mittee—
‘‘(1) shall pertain to the rail operations of Amtrak and
related activities of trains operated by Amtrak on State-spon-
sored routes; and
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129 STAT. 1637 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(2) shall not pertain to the rail operations or related
activities of services operated by other rail carriers on State-
supported routes.
‘‘(h) D
EFINITION OF
S
TATE
.—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) T
ECHNICAL AND
C
ONFORMING
A
MENDMENTS
.—
(1) T
ABLE OF CONTENTS
.—The table of contents for chapter
247 of title 49, United States Code, is amended by adding
at the end the following:
‘‘24712. State-supported routes operated by Amtrak.’’.
(2) P
ASSENGER 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 sub-
sections (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 direc-
tors’’;
(B) in subparagraph (B) by inserting ‘‘, who shall serve
as a nonvoting member of the Board’’ after ‘‘Amtrak’’; and
(C) in subparagraph (C) by striking ‘‘7’’ and inserting
‘‘8’’; and
(2) in subsection (e), by inserting ‘‘who are eligible to vote’’
after ‘‘serving’’.
SEC. 11206. ROUTE AND SERVICE PLANNING DECISIONS.
Section 208 of the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 24101 note) is amended to read as follows:
‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLAN-
NING DECISIONS.
‘‘(a) M
ETHODOLOGY
D
EVELOPMENT
.—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 methodolo-
gies 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) C
ONSIDERATIONS
.—Amtrak shall require the independent
entity, in developing the methodologies described in subsection (a),
to consider—
‘‘(1) the current and expected performance and service
quality of intercity rail passenger transportation operations,
including cost recovery, on-time performance, ridership, on-
board services, stations, facilities, equipment, and other serv-
ices;
‘‘(2) the connectivity of a route with other routes;
49 USC 24701.
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129 STAT. 1638 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(3) the transportation needs of communities and popu-
lations that are not well served by intercity rail passenger
transportation service or by other forms of intercity transpor-
tation;
‘‘(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 infrastruc-
ture over which Amtrak operates, Interstate Compacts estab-
lished by Congress and States, Amtrak employee representa-
tives, 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) R
ECOMMENDATIONS
.—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) C
ONSIDERATION OF
R
ECOMMENDATIONS
.—Not later than
90 days after the date on which the recommendations are trans-
mitted 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) A
MENDMENT
.—Chapter 243 of title 49, United States Code,
is further amended by adding at the end the following new section:
‘‘§ 24321. Food and beverage reform
‘‘(a) P
LAN
.—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) C
ONSIDERATIONS
.—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) S
AVINGS
C
LAUSE
.—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—
40 USC 24321
note.
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129 STAT. 1639 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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) N
O
F
EDERAL
F
UNDING FOR
O
PERATING
L
OSSES
.—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) R
EPORT
.—Not later than 120 days after the date of enact-
ment 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) C
ONFORMING
A
MENDMENT
.—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:
‘‘24321. Food and beverage reform.’’.
SEC. 11208. ROLLING STOCK PURCHASES.
(a) A
MENDMENT
.—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) I
N
G
ENERAL
.—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) C
ONTENTS
.—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 gen-
eral 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) R
ULE OF
C
ONSTRUCTION
.—Nothing in this section shall
be construed as requiring Amtrak to disclose confidential informa-
tion regarding a potential vendor’s proposed pricing or other sen-
sitive business information prior to contract execution or prohibiting
49 USC 24322.
49 USC
prec. 24301.
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129 STAT. 1640 PUBLIC LAW 114–94—DEC. 4, 2015
Amtrak from entering into a contract after submission of a business
case analysis under subsection (a).’’.
(b) C
ONFORMING
A
MENDMENT
.—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.’’.
SEC. 11209. LOCAL PRODUCTS AND PROMOTIONAL EVENTS.
(a) I
N
G
ENERAL
.—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) P
ROGRAM
D
ESIGN
.—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 pro-
motional 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) P
ROGRAM
A
DMINISTRATION
.—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 stand-
ards;
(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) R
EPORT
.—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 oper-
ational outcomes of the pilot programs and include any plan for
future action.
(e) R
ULE OF
C
ONSTRUCTION
.—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).
49 USC 24305
note.
49 USC 24301.
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129 STAT. 1641 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 11210. AMTRAK PILOT PROGRAM FOR PASSENGERS TRANS-
PORTING DOMESTICATED CATS AND DOGS.
(a) I
N
G
ENERAL
.—Not later than 1 year after the date of enact-
ment 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) P
ET
P
OLICY
.—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 require-
ments 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 require-
ments 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 min-
imum, covers the full costs of the pilot program.
(c) R
EPORT
.—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 Transpor-
tation 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) L
IMITATION ON
S
TATUTORY
C
ONSTRUCTION
.—
(1) S
ERVICE ANIMALS
.—The pilot program under subsection
(a) shall be separate from and in addition to the policy gov-
erning 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) A
DDITIONAL TRAIN CARS
.—Nothing in this section may
be interpreted to require Amtrak to add additional train cars
or modify existing train cars.
(3) F
EDERAL FUNDS
.—No Federal funds may be used to
implement the pilot program required under this section.
SEC. 11211. RIGHT-OF-WAY LEVERAGING.
(a) R
EQUEST FOR
P
ROPOSALS
.—
(1) I
N GENERAL
.—Not later than 1 year after the date
of enactment of this Act, Amtrak shall issue a Request for
49 USC 24305
note.
49 USC 24305
note.
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129 STAT. 1642 PUBLIC LAW 114–94—DEC. 4, 2015
Proposals seeking qualified persons or entities to utilize right-
of-way and real estate owned, controlled, or managed by
Amtrak for telecommunications systems, energy distribution
systems, and other activities considered appropriate by Amtrak.
(2) C
ONTENTS
.—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) D
EADLINE
.—Amtrak shall set a deadline for the submis-
sion of proposals that is not later than 1 year after the issuance
of the Request for Proposals under paragraph (1).
(b) C
ONSIDERATION OF
P
ROPOSALS
.—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) R
EPORT
.—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 Pro-
posals required by this section, including summary information
of any proposals submitted to Amtrak and any proposals accepted
by the Amtrak Board of Directors.
(d) S
AVINGS
C
LAUSE
.—Nothing in this section shall be construed
to limit Amtrak’s ability to utilize right-of-way or real estate assets
that it currently owns, controls, or manages or constrain Amtrak’s
ability to enter into agreements with other parties to utilize such
assets.
SEC. 11212. STATION DEVELOPMENT.
(a) R
EPORT ON
D
EVELOPMENT
O
PTIONS
.—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 Infrastruc-
ture of the House of Representatives that describes—
(1) options to enhance economic development and accessi-
bility 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) R
EQUEST FOR
I
NFORMATION
.—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
49 USC 24305
note.
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129 STAT. 1643 PUBLIC LAW 114–94—DEC. 4, 2015
stations served by Amtrak to formally express an interest in com-
pleting the requirements of this section.
(c) P
ROPOSALS
.—
(1) R
EQUEST 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 disadvan-
taged 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) C
ONSIDERATION OF PROPOSALS
.—Not later than 1 year
after the date the Request for Proposals is issued under para-
graph (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 imple-
ment any qualified proposal.
(d) R
EPORT
.—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) D
EFINITIONS
.—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) S
AVINGS
C
LAUSE
.—Nothing in this section shall be construed
to limit Amtrak’s ability to develop its stations, terminals, or other
assets, to constrain Amtrak’s ability to enter into and carry out
agreements with other parties to enhance development at or around
Amtrak stations or terminals, or to affect any station development
initiatives ongoing as of the date of enactment of this Act.
SEC. 11213. AMTRAK BOARDING PROCEDURES.
(a) R
EPORT
.—Not later than 9 months after the date of enact-
ment 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 rail-
road 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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129 STAT. 1644 PUBLIC LAW 114–94—DEC. 4, 2015
(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 rec-
ommendations.
(b) C
ONSIDERATION OF
R
ECOMMENDATIONS
.—Not later than 6
months after the report is submitted under subsection (a), the
Amtrak Board of Directors shall consider each recommendation
provided under subsection (a)(3) for implementation at appropriate
locations across the Amtrak system.
SEC. 11214. AMTRAK DEBT.
Section 205 of the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 24101 note) is amended—
(1) by striking ‘‘as of the date of enactment of this Act’’
each place it appears;
(2) in subsection (a)—
(A) by inserting ‘‘, to the extent provided in advance
in appropriations Acts’’ after ‘‘Amtrak’s indebtedness’’; and
(B) by striking the second sentence;
(3) in subsection (b) by striking ‘‘The Secretary of the
Treasury, in consultation’’ and inserting ‘‘To the extent amounts
are provided in advance in appropriations Acts, the Secretary
of the Treasury, in consultation’’;
(4) in subsection (d), by inserting ‘‘, to the extent provided
in advance in appropriations Acts’’ after ‘‘as appropriate’’;
(5) in subsection (e)—
(A) in paragraph (1) by striking ‘‘by section 102 of
this division’’; and
(B) in paragraph (2) by striking ‘‘by section 102’’ and
inserting ‘‘for Amtrak’’;
(6) in subsection (g) by inserting ‘‘, unless that debt receives
credit assistance, including direct loans and loan guarantees,
under chapter 6 of title 23, United States Code or title V
of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 821 et seq.)’’ after ‘‘Secretary’’; and
(7) by striking subsection (h).
SEC. 11215. 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 para-
graph (1) are administrative, eliminate such requirements; and
(3) submit to Congress a report with any recommendations
for repealing any other duplicative requirements.
Subtitle C—Intercity Passenger Rail Policy
SEC. 11301. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.
(a) I
N
G
ENERAL
.—Chapter 244 of title 49, United States Code,
is amended by adding at the end the following:
49 USC 24320
note.
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129 STAT. 1645 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘§ 24407. Consolidated rail infrastructure and safety
improvements
‘‘(a) G
ENERAL
A
UTHORITY
.—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) E
LIGIBLE
R
ECIPIENTS
.—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 estab-
lished 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 para-
graphs (1) through (5).
‘‘(9) The Transportation Research Board and any entity
with which it contracts in the development of rail-related
research, including cooperative research programs.
‘‘(10) A University transportation center engaged in rail-
related research.
‘‘(11) A non-profit labor organization representing a class
or craft of employees of rail carriers or rail carrier contractors.
‘‘(c) E
LIGIBLE
P
ROJECTS
.—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 separa-
tions, 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 rail-
road 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 integra-
tion between rail service and other modes, including between
49 USC 24407.
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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 pro-
gram or institute designed to improve rail safety.
‘‘(11) Any research that the Secretary considers necessary
to advance any particular aspect of rail-related capital, oper-
ations, or safety improvements.
‘‘(12) Workforce development and training activities, coordi-
nated 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) A
PPLICATION
P
ROCESS
.—The Secretary shall prescribe the
form and manner of filing an application under this section.
‘‘(e) P
ROJECT
S
ELECTION
C
RITERIA
.—
‘‘(1) I
N 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 pro-
posed 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) O
THER CONSIDERATIONS
.—The Secretary shall also con-
sider the following:
‘‘(A) The degree to which the proposed project’s busi-
ness 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 con-
tributions.
‘‘(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 rel-
evant to the successful delivery of the project.
‘‘(3) B
ENEFITS
.—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) P
ERFORMANCE
M
EASURES
.—The Secretary shall establish
performance measures for each grant recipient to assess progress
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129 STAT. 1647 PUBLIC LAW 114–94—DEC. 4, 2015
in achieving strategic goals and objectives. The Secretary may
require a grant recipient to periodically report information related
to such performance measures.
‘‘(g) R
URAL
A
REAS
.—
‘‘(1) I
N 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) D
EFINITION 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) F
EDERAL
S
HARE OF
T
OTAL
P
ROJECT
C
OSTS
.—
‘‘(1) T
OTAL 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) F
EDERAL SHARE
.—The Federal share of total project
costs under this section shall not exceed 80 percent.
‘‘(3) T
REATMENT 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) A
PPLICABILITY
.—Except as specifically provided in this sec-
tion, the use of any amounts appropriated for grants under this
section shall be subject to the requirements of this chapter.
‘‘(j) A
VAILABILITY
.—Amounts appropriated for carrying out this
section shall remain available until expended.
‘‘(k) L
IMITATION
.—The requirements of sections 24402, 24403,
and 24404 and the definition contained in 24401(1) shall not apply
to this section.
‘‘(l) S
PECIAL
T
RANSPORTATION
C
IRCUMSTANCES
.—
‘‘(1) I
N GENERAL
.—In carrying out this chapter, the Sec-
retary 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 consider-
ations, for the purpose of funding transportation-related
capital projects.
‘‘(2) D
EFINITION
.—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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129 STAT. 1648 PUBLIC LAW 114–94—DEC. 4, 2015
exclusively used for tourist, scenic, and excursion railroad oper-
ations.’’.
(b) C
ONFORMING
A
MENDMENT
.—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:
‘‘24407. Consolidated rail infrastructure and safety improvements.’’.
(c) R
EPEALS
.—
(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.
SEC. 11302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD
REPAIR.
(a) A
MENDMENT
.—Chapter 249 of title 49, United States Code,
is amended by inserting after section 24910 the following:
‘‘§ 24911. Federal-State partnership for state of good repair
‘‘(a) D
EFINITIONS
.—In this section:
‘‘(1) A
PPLICANT
.—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 sub-
paragraphs (A) through (F).
‘‘(2) C
APITAL PROJECT
.—The term ‘capital project’ means—
‘‘(A) a project primarily intended to replace, rehabili-
tate, or repair major infrastructure assets utilized for pro-
viding 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) I
NTERCITY RAIL PASSENGER TRANSPORTATION
.—The
term ‘intercity rail passenger transportation’ has the meaning
given the term in section 24102.
‘‘(4) N
ORTHEAST CORRIDOR
.—The term ‘Northeast Corridor’
means—
‘‘(A) the main rail line between Boston, Massachusetts
and the District of Columbia;
49 USC 24911.
49 USC
prec. 22101.
49 USC
prec. 20101.
49 USC
prec. 24101.
49 USC
prec. 24401.
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129 STAT. 1649 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 main-
tain lines described in subparagraphs (A) and (B).
‘‘(5) Q
UALIFIED RAILROAD ASSET
.—The term ‘qualified rail-
road 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) G
RANT
P
ROGRAM
A
UTHORIZED
.—The Secretary of Transpor-
tation 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) E
LIGIBLE
P
ROJECTS
.—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 main-
tained 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) P
ROJECT
S
ELECTION
C
RITERIA
.—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 con-
tributions;
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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 Sec-
retary or required by law; and
‘‘(F) any other relevant factors, as determined by the
Secretary.
‘‘(e) N
ORTHEAST
C
ORRIDOR
P
ROJECTS
.—
‘‘(1) C
OMPLIANCE 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) C
APITAL 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) F
EDERAL
S
HARE OF
T
OTAL
P
ROJECT
C
OSTS
.—
‘‘(1) T
OTAL 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) F
EDERAL SHARE
.—The Federal share of total costs for
a project under this section shall not exceed 80 percent.
‘‘(3) T
REATMENT 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) L
ETTERS OF
I
NTENT
.—
‘‘(1) I
N 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 participa-
tion 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) C
ONGRESSIONAL NOTIFICATION
.—
‘‘(A) I
N 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 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 Infra-
structure of the House of Representatives; and
‘‘(iv) the Committee on Appropriations of the House
of Representatives.
‘‘(B) C
ONTENTS
.—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) A
PPROPRIATIONS REQUIRED
.—An obligation or adminis-
trative commitment may be made under this section only when
amounts are appropriated for such purpose.
‘‘(h) A
VAILABILITY
.—Amounts appropriated for carrying out this
section shall remain available until expended.
‘‘(i) G
RANT
C
ONDITIONS
.—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) C
ONFORMING
A
MENDMENT
.—The table of contents for
chapter 249 is amended by inserting after the item relating to
section 24910 the following:
‘‘24911. Federal-State partnership for state of good repair.’’.
SEC. 11303. RESTORATION AND ENHANCEMENT GRANTS.
(a) I
N
G
ENERAL
.—Chapter 244 of title 49, United States Code,
is further amended by adding at the end the following:
‘‘§ 24408. Restoration and enhancement grants
‘‘(a) A
PPLICANT
D
EFINED
.—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 estab-
lished 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) G
RANTS
A
UTHORIZED
.—The Secretary of Transportation
shall develop and implement a program for issuing operating assist-
ance grants to applicants, on a competitive basis, for the purpose
of initiating, restoring, or enhancing intercity rail passenger
transportation.
‘‘(c) A
PPLICATION
.—An applicant for a grant under this section
shall submit to the Secretary—
‘‘(1) a capital and mobilization plan that—
49 USC 24408.
49 USC
prec. 24901.
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129 STAT. 1652 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(A) describes any capital investments, service plan-
ning actions (such as environmental reviews), and mobiliza-
tion actions (such as qualification of train crews) required
for initiation of intercity rail passenger transportation; and
‘‘(B) includes the timeline for undertaking and com-
pleting 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 oper-
ator;
‘‘(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 subpara-
graph (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 agree-
ments 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) P
RIORITIES
.—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, construc-
tion, and other actions necessary for initiation of service have
been completed or nearly completed;
‘‘(2) that would restore service over routes formerly oper-
ated 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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129 STAT. 1653 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(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 cov-
erage of the existing national network of intercity rail passenger
service.
‘‘(e) L
IMITATIONS
.—
‘‘(1) D
URATION
.—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) L
IMITATION
.—Not more than 6 of the operating assist-
ance grants awarded pursuant to subsection (b) may be simulta-
neously active.
‘‘(3) M
AXIMUM 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) U
SE
W
ITH
C
APITAL
G
RANTS AND
O
THER
F
EDERAL
F
UNDING
.—A recipient of an operating assistance grant under sub-
section (b) may use that grant in combination with other Federal
grants awarded that would benefit the applicable service.
‘‘(g) A
VAILABILITY
.—Amounts appropriated for carrying out this
section shall remain available until expended.
‘‘(h) C
OORDINATION
W
ITH
A
MTRAK
.—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 facili-
ties 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) C
ONDITIONS
.—
‘‘(1) G
RANT AGREEMENT
.—The Secretary shall require a
grant recipient under this section to enter into a grant agree-
ment 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) I
NSTALLMENTS
;
TERMINATION
.—The Secretary may—
‘‘(A) award grants under this section in installments,
as the Secretary considers appropriate; and
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129 STAT. 1654 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) G
RANT CONDITIONS
.—The Secretary shall require each
recipient of a grant under this section to comply with the
grant requirements of section 24405.
‘‘(j) R
EPORT
.—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 sec-
tion, 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) C
ONFORMING
A
MENDMENTS
.—
(1) C
HAPTER 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 transpor-
tation 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 transpor-
tation (as defined in section 24102(3)).’’; and
(2) T
ABLE 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 pas-
senger rail service corridor capital assistance’’ and inserting
‘‘Rail improvement grants’’.
49 USC
prec. 20101.
49 USC
prec. 24401.
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129 STAT. 1655 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 11304. GULF COAST RAIL SERVICE WORKING GROUP.
(a) I
N
G
ENERAL
.—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) M
EMBERSHIP
.—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) R
ESPONSIBILITIES
.—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) R
EPORT
.—Not later than 9 months after the date of enact-
ment 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 pas-
senger transportation in the region; and
(5) any other information the working group determines
appropriate.
(e) F
UNDING
.—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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129 STAT. 1656 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 11305. NORTHEAST CORRIDOR COMMISSION.
(a) C
OMPOSITION
.—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 oper-
ations’’;
(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) S
TATEMENT OF
G
OALS AND
R
ECOMMENDATIONS
.—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 Pas-
senger Rail Investment and Improvement Act of 2008’’; and
(3) by adding at the end the following:
‘‘(3) S
UBMISSION OF STATEMENT OF GOALS
,
RECOMMENDA
-
TIONS
,
AND PERFORMANCE REPORTS
.—The Commission shall
submit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives—
‘‘(A) any updates made to the statement of goals devel-
oped 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) C
OST
A
LLOCATION
P
OLICY
.—Section 24905(c) of title 49,
United States Code, is amended—
(1) in the subsection heading by striking ‘‘A
CCESS
C
OSTS
’’
and inserting ‘‘A
LLOCATION OF
C
OSTS
’’;
(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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129 STAT. 1657 PUBLIC LAW 114–94—DEC. 4, 2015
(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 Rep-
resentatives;
‘‘(D) not later than October 1, 2015, adopt and imple-
ment 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 non-
binding mediation to reach an agreement under this sec-
tion.’’;
(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 proce-
dures and procedural schedule applicable to a pro-
ceeding 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) R
EQUEST FOR DISPUTE RESOLUTION
.—If a dispute arises
with the implementation of, or compliance with, the policy
developed under paragraph (1), the Commission, Amtrak, or
public authorities providing commuter rail passenger transpor-
tation on the Northeast Corridor may request that the Surface
Transportation Board conduct dispute resolution. The Surface
Transportation Board shall establish procedures for resolution
of disputes brought before it under this paragraph, which may
include the provision of professional mediation services.’’.
(d) C
ONFORMING
A
MENDMENTS
.—
(1) T
ITLE 49
.—Section 24905 of title 49, United States Code,
is amended—
(A) in the section heading by striking ‘‘
INFRASTRUC
-
TURE AND OPERATIONS ADVISORY
’’;
(B) in subsection (a)—
(i) in the heading by striking ‘‘I
NFRASTRUCTURE
AND
O
PERATIONS
A
DVISORY
’’; and
(ii) by striking ‘‘Infrastructure and Operations
Advisory’’;
(C) by striking subsection (d);
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129 STAT. 1658 PUBLIC LAW 114–94—DEC. 4, 2015
(D) by redesignating subsections (e) and (f) as sub-
sections (d) and (e), respectively;
(E) in subsection (d), as so redesignated—
(i) by striking ‘‘to the Commission’’ and inserting
‘‘to the Secretary for the use of the Commission and
the Northeast Corridor Safety Committee’’; and
(ii) by striking ‘‘for the period encompassing fiscal
years 2009 through 2013 to carry out this section’’
and inserting ‘‘to carry out this section during fiscal
years 2016 through 2020, in addition to any amounts
withheld under section 11101(g) of the Passenger Rail
Reform and Investment Act of 2015’’; and
(F) in subsection (e)(2), as so redesignated, by striking
‘‘on the main line.’’ and inserting ‘‘on the main line and
meet annually with the Commission on the topic of North-
east Corridor safety and security.’’.
(2) T
ABLE OF CONTENTS
.—The table of contents for chapter
249 of title 49, United States Code, is amended by striking
the item relating to section 24905 and inserting the following:
‘‘24905. Northeast Corridor Commission.’’.
SEC. 11306. NORTHEAST CORRIDOR PLANNING.
(a) A
MENDMENT
.—Chapter 249 of title 49, United States Code,
is amended—
(1) by redesignating section 24904 as section 24903; and
(2) by inserting after section 24903, as so redesignated,
the following:
‘‘§ 24904. Northeast Corridor planning
‘‘(a) N
ORTHEAST
C
ORRIDOR
C
APITAL
I
NVESTMENT
P
LAN
.—
‘‘(1) R
EQUIREMENT
.—Not later than May 1 of each year,
the Northeast Corridor Commission established under section
24905 (referred to in this section as the ‘Commission’) shall—
‘‘(A) develop a capital investment plan for the North-
east Corridor; and
‘‘(B) submit the capital investment plan to the Sec-
retary of Transportation and the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House
of Representatives.
‘‘(2) C
ONTENTS
.—The capital investment plan shall—
‘‘(A) reflect coordination and network optimization
across the entire Northeast Corridor;
‘‘(B) integrate the individual capital and service plans
developed by each operator using the methods described
in the cost allocation policy developed under section
24905(c);
‘‘(C) cover a period of 5 fiscal years, beginning with
the first fiscal year after the date on which the plan is
completed;
‘‘(D) notwithstanding section 24902(b), identify,
prioritize, and phase the implementation of projects and
programs to achieve the service outcomes identified in the
Northeast Corridor service development plan and the asset
condition needs identified in the Northeast Corridor asset
management plans, once available, and consider—
49 USC 24904.
49 USC
prec. 24901.
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129 STAT. 1659 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(i) the benefits and costs of capital investments
in the plan;
‘‘(ii) project and program readiness;
‘‘(iii) the operational impacts; and
‘‘(iv) Federal and non-Federal funding availability;
‘‘(E) categorize capital projects and programs as pri-
marily associated with—
‘‘(i) normalized capital replacement and basic infra-
structure renewals;
‘‘(ii) replacement or rehabilitation of major North-
east Corridor infrastructure assets, including tunnels,
bridges, stations, and other assets;
‘‘(iii) statutory, regulatory, or other legal mandates;
‘‘(iv) improvements to support service enhance-
ments or growth; or
‘‘(v) strategic initiatives that will improve overall
operational performance or lower costs;
‘‘(F) identify capital projects and programs that are
associated with more than 1 category described in subpara-
graph (E);
‘‘(G) describe the anticipated outcomes of each project
or program, including an assessment of—
‘‘(i) the potential effect on passenger accessibility,
operations, safety, reliability, and resiliency;
‘‘(ii) the ability of infrastructure owners and opera-
tors to meet regulatory requirements if the project
or program is not funded; and
‘‘(iii) the benefits and costs; and
‘‘(H) include a financial plan.
‘‘(3) F
INANCIAL PLAN
.—The financial plan under paragraph
(2)(H) shall—
‘‘(A) identify funding sources and financing methods;
‘‘(B) identify the expected allocated shares of costs
pursuant to the cost allocation policy developed under sec-
tion 24905(c);
‘‘(C) identify the projects and programs that the
Commission expects will receive Federal financial assist-
ance; and
‘‘(D) identify the eligible entity or entities that the
Commission expects will receive the Federal financial
assistance described under subparagraph (C) and imple-
ment each capital project.
‘‘(b) F
AILURE
T
O
D
EVELOP A
C
APITAL
I
NVESTMENT
P
LAN
.—If
a capital investment plan has not been developed by the Commis-
sion for a given fiscal year, then the funds assigned to the Northeast
Corridor account established under section 24317(b) for that fiscal
year may be spent only on—
‘‘(1) capital projects described in clause (i) or (iii) of sub-
section (a)(2)(E) of this section; or
‘‘(2) capital projects described in subsection (a)(2)(E)(iv)
or (v) of this section that are for the sole benefit of Amtrak.
‘‘(c) N
ORTHEAST
C
ORRIDOR
A
SSET
M
ANAGEMENT
.—
‘‘(1) C
ONTENTS
.—With regard to its infrastructure, Amtrak
and each State and public transportation entity that owns
infrastructure that supports or provides for intercity rail pas-
senger transportation on the Northeast Corridor shall develop
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129 STAT. 1660 PUBLIC LAW 114–94—DEC. 4, 2015
an asset management system and develop and update, as nec-
essary, a Northeast Corridor asset management plan for each
service territory described in subsection (a) that—
‘‘(A) is consistent with the Federal Transit Administra-
tion process, as authorized under section 5326, when imple-
mented; and
‘‘(B) includes, at a minimum—
‘‘(i) an inventory of all capital assets owned by
the developer of the asset management plan;
‘‘(ii) an assessment of asset condition;
‘‘(iii) a description of the resources and processes
necessary to bring or maintain those assets in a state
of good repair, including decision-support tools and
investment prioritization methods; and
‘‘(iv) a description of changes in asset condition
since the previous version of the plan.
‘‘(2) T
RANSMITTAL
.—Each entity described in paragraph (1)
shall transmit to the Commission—
‘‘(A) not later than 2 years after the date of enactment
of the Passenger Rail Reform and Investment Act of 2015,
a Northeast Corridor asset management plan developed
under paragraph (1); and
‘‘(B) at least biennially thereafter, an update to such
plan.
‘‘(d) N
ORTHEAST
C
ORRIDOR
S
ERVICE
D
EVELOPMENT
P
LAN
U
PDATES
.—Not less frequently than once every 10 years, the
Commission shall update the Northeast Corridor service develop-
ment plan.
‘‘(e) D
EFINITION OF
N
ORTHEAST
C
ORRIDOR
.—In this section, the
term ‘Northeast Corridor’ means the main line between Boston,
Massachusetts, and the District of Columbia, and the Northeast
Corridor branch lines connecting to Harrisburg, Pennsylvania,
Springfield, Massachusetts, and Spuyten Duyvil, New York,
including the facilities and services used to operate and maintain
those lines.’’.
(b) C
ONFORMING
A
MENDMENTS
.—
(1) N
OTE AND MORTGAGE
.—Section 24907(a) of title 49,
United States Code, is amended by striking ‘‘section 24904
of this title’’ and inserting ‘‘section 24903’’.
(2) T
ABLE OF CONTENTS
.—The table of contents for chapter
249 of title 49, United States Code, is amended—
(A) by redesignating the item relating to section 24904
as relating to section 24903; and
(B) by inserting after the item relating to section 24903,
as so redesignated, the following:
‘‘24904. Northeast Corridor planning.’’.
(3) R
EPEAL
.—Section 211 of the Passenger Rail Investment
and Improvement Act of 2008 (49 U.S.C. 24902 note) is
repealed.
SEC. 11307. COMPETITION.
(a) C
OMPETITIVE
P
ASSENGER
R
AIL
S
ERVICE
P
ILOT
P
ROGRAM
.—
Section 24711 of title 49, United States Code, is amended to read
as follows:
49 USC
prec. 24901.
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129 STAT. 1661 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘§ 24711. Competitive passenger rail service pilot program
‘‘(a) I
N
G
ENERAL
.—Not later than 18 months after the date
of enactment of the Passenger Rail Reform and Investment Act
of 2015, the Secretary of Transportation shall promulgate a rule
to implement a pilot program for competitive selection of eligible
petitioners described in subsection (b)(3) in lieu of Amtrak to operate
not more than 3 long-distance routes (as defined in section 24102)
operated by Amtrak on the date of enactment of such Act.
‘‘(b) P
ILOT
P
ROGRAM
R
EQUIREMENTS
.—
‘‘(1) I
N GENERAL
.—The pilot program shall—
‘‘(A) allow a petitioner described in paragraph (3) to
petition the Secretary to provide intercity rail passenger
transportation over a long-distance route described in sub-
section (a) for an operation period of 4 years from the
date of commencement of service by the winning bidder
and, at the option of the Secretary, consistent with the
rule promulgated under subsection (a), allow the contract
to be renewed for 1 additional operation period of 4 years;
‘‘(B) require the Secretary to—
‘‘(i) notify the petitioner and Amtrak of receipt
of the petition under subparagraph (A) and to publish
in the Federal Register a notice of receipt not later
than 30 days after the date of receipt;
‘‘(ii) establish a deadline, of not more than 120
days after the notice of receipt is published in the
Federal Register under clause (i), by which both the
petitioner and Amtrak, if Amtrak chooses to do so,
would be required to submit a complete bid to provide
intercity rail passenger transportation over the
applicable route; and
‘‘(iii) upon selecting a winning bid, publish in the
Federal Register the identity of the winning bidder,
the long distance route that the bidder will operate,
a detailed justification of the reasons why the Secretary
selected the bid, and any other information the Sec-
retary determines appropriate for public comment for
a reasonable period of time not to exceed 30 days
after the date on which the Secretary selects the bid;
‘‘(C) require that each bid—
‘‘(i) describe the capital needs, financial projections,
and operational plans, including staffing plans, for the
service, and such other factors as the Secretary con-
siders appropriate; and
‘‘(ii) be made available by the winning bidder to
the public after the bid award with any appropriate
redactions for confidential or proprietary information;
‘‘(D) for a route that receives funding from a State
or States, require that for each bid received from a peti-
tioner described in paragraph (3), other than such State
or States, the Secretary have the concurrence of the State
or States that provide funding for that route; and
‘‘(E) for a winning bidder that is not or does not include
Amtrak, require the Secretary to execute a contract not
later than 270 days after the deadline established under
subparagraph (B)(ii) and award to the winning bidder—
‘‘(i) subject to paragraphs (4) and (5), the right
and obligation to provide intercity rail passenger
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129 STAT. 1662 PUBLIC LAW 114–94—DEC. 4, 2015
transportation over that route subject to such perform-
ance standards as the Secretary may require; and
‘‘(ii) an operating subsidy, as determined by the
Secretary, for—
‘‘(I) the first year at a level that does not
exceed 90 percent of the level in effect for that
specific route during the fiscal year preceding the
fiscal year in which the petition was received,
adjusted for inflation; and
‘‘(II) any subsequent years at the level cal-
culated under subclause (I), adjusted for inflation.
‘‘(2) L
IMITATION
.—The requirements under paragraph
(1)(E), including the amounts of operating subsidies in the
first and any subsequent years under paragraph (1)(E)(ii), shall
not apply to a winning bidder that is or includes Amtrak.
‘‘(3) E
LIGIBLE PETITIONERS
.—The following parties are
eligible to submit petitions under paragraph (1):
‘‘(A) A rail carrier or rail carriers that own the infra-
structure over which Amtrak operates a long-distance
route, or another rail carrier that has a written agreement
with a rail carrier or rail carriers that own such infrastruc-
ture.
‘‘(B) A State, group of States, or State-supported joint
powers authority or other sub-State governance entity
responsible for provision of intercity rail passenger
transportation with a written agreement with the rail car-
rier or rail carriers that own the infrastructure over which
Amtrak operates a long-distance route and that host or
would host the intercity rail passenger transportation.
‘‘(C) A State, group of States, or State-supported joint
powers authority or other sub-State governance entity
responsible for provision of intercity rail passenger
transportation and a rail carrier with a written agreement
with another rail carrier or rail carriers that own the
infrastructure over which Amtrak operates a long-distance
route and that host or would host the intercity rail pas-
senger transportation.
‘‘(4) P
ERFORMANCE STANDARDS
.—The performance stand-
ards required under paragraph (1)(E)(i) shall meet or exceed
the performance required of or achieved by Amtrak on the
applicable route during the last fiscal year.
‘‘(5) A
GREEMENT GOVERNING ACCESS ISSUES
.—Unless the
winning bidder already has applicable access rights or agree-
ments in place or includes a rail carrier that owns the infra-
structure used in the operation of the route, a winning bidder
that is not or does not include Amtrak shall enter into a
written agreement governing access issues between the winning
bidder and the rail carrier or rail carriers that own the infra-
structure over which the winning bidder would operate and
that host or would host the intercity rail passenger transpor-
tation.
‘‘(c) A
CCESS TO
F
ACILITIES
; E
MPLOYEES
.—If the Secretary
awards the right and obligation to provide intercity rail passenger
transportation over a route described in this section to an eligible
petitioner—
‘‘(1) the Secretary shall, if necessary to carry out the pur-
poses of this section, require Amtrak to provide access to the
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129 STAT. 1663 PUBLIC LAW 114–94—DEC. 4, 2015
Amtrak-owned reservation system, stations, and facilities
directly related to operations of the awarded routes to the
eligible petitioner awarded a contract under this section, in
accordance with subsection (g);
‘‘(2) an employee of any person, except as provided in
a collective bargaining agreement, used by such eligible peti-
tioner in the operation of a route under this section shall
be considered an employee of that eligible petitioner and subject
to the applicable Federal laws and regulations governing
similar crafts or classes of employees of Amtrak; and
‘‘(3) the winning bidder shall provide hiring preference
to qualified Amtrak employees displaced by the award of the
bid, consistent with the staffing plan submitted by the bidder,
and shall be subject to the grant conditions under section
24405.
‘‘(d) C
ESSATION OF
S
ERVICE
.—If an eligible petitioner awarded
a route under this section ceases to operate the service or fails
to fulfill an obligation under a contract required under subsection
(b)(1)(E), the Secretary, in collaboration with the Surface Transpor-
tation Board, shall take any necessary action consistent with this
title to enforce the contract and ensure the continued provision
of service, including—
‘‘(1) the installment of an interim rail carrier;
‘‘(2) providing to the interim rail carrier under paragraph
(1) an operating subsidy necessary to provide service; and
‘‘(3) rebidding the contract to operate the intercity rail
passenger transportation.
‘‘(e) B
UDGET
A
UTHORITY
.—
‘‘(1) I
N GENERAL
.—The Secretary shall provide to a winning
bidder that is not or does not include Amtrak and that is
selected under this section any appropriations withheld under
section 11101(e) of the Passenger Rail Reform and Investment
Act of 2015, or any subsequent appropriation for the same
purpose, necessary to cover the operating subsidy described
in subsection (b)(1)(E)(ii).
‘‘(2) A
TTRIBUTABLE COSTS
.—If the Secretary selects a win-
ning bidder that is not or does not include Amtrak, the Sec-
retary shall provide to Amtrak an appropriate portion of the
appropriations under section 11101(b) of the Passenger Rail
Reform and Investment Act of 2015, or any subsequent appro-
priation for the same purpose, to cover any cost directly attrib-
utable to the termination of Amtrak service on the route and
any indirect costs to Amtrak imposed on other Amtrak routes
as a result of losing service on the route operated by the
winning bidder. Any amount provided by the Secretary to
Amtrak under this paragraph shall not be deducted from or
have any effect on the operating subsidy described in subsection
(b)(1)(E)(ii).
‘‘(f) R
EPORTING
.—If the Secretary does not promulgate the final
rule before the deadline under subsection (a), the Secretary shall,
not later than 19 months after the date of enactment of the Pas-
senger Rail Reform and Investment Act of 2015 and every 90
days thereafter until the rule is complete, notify the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives in writing—
‘‘(1) the reasons why the rule has not been issued;
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129 STAT. 1664 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(2) a plan for completing the rule as soon as reasonably
practicable; and
‘‘(3) the estimated date of completion of the rule.
‘‘(g) D
ISPUTES
.—
‘‘(1) P
ETITIONING SURFACE TRANSPORTATION BOARD
.—If
Amtrak and the eligible petitioner awarded a route under this
section cannot agree upon terms to carry out subsection (c)(1),
either party may petition the Surface Transportation Board
for a determination as to—
‘‘(A) whether access to Amtrak’s facility or equipment,
or the provisions of services by Amtrak, is necessary under
subsection (c)(1); and
‘‘(B) whether the operation of Amtrak’s other services
will not be unreasonably impaired by such access.
‘‘(2) S
URFACE TRANSPORTATION BOARD DETERMINATION
.—
If the Surface Transportation Board determines access to
Amtrak’s facilities or equipment, or the provision of services
by Amtrak, is necessary under paragraph (1)(A) and the oper-
ation of Amtrak’s other services will not be unreasonably
impaired under paragraph (1)(B), the Board shall issue an
order that—
‘‘(A) requires Amtrak to provide the applicable facili-
ties, equipment, and services; and
‘‘(B) determines reasonable compensation, liability, and
other terms for the use of the facilities and equipment
and the provision of the services.
‘‘(h) L
IMITATION
.—Not more than 3 long-distance routes may
be selected under this section for operation by a winning bidder
that is not or does not include Amtrak.
‘‘(i) P
RESERVATION OF
R
IGHT TO
C
OMPETITION ON
S
TATE
-S
UP
-
PORTED
R
OUTES
.—Nothing in this section shall be construed as
prohibiting a State from introducing competition for intercity rail
passenger transportation or services on its State-supported route
or routes.
‘‘(j) S
AVINGS
C
LAUSE
.—Nothing in this section shall affect
Amtrak’s access rights to railroad rights-of-way and facilities.’’.
(b) C
ONFORMING
A
MENDMENT
.—The table of contents for section
24711 of title 49, United States Code, is amended to read as
follows:
‘‘24711. Competitive passenger rail service pilot program.’’.
(c) R
EPORT
.—Not later than 4 years after the date of
implementation of the pilot program under section 24711 of title
49, United States Code, and quadrennially thereafter until the
pilot program is discontinued, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the results of the pilot program
to date and any recommendations for further action.
SEC. 11308. PERFORMANCE-BASED PROPOSALS.
(a) S
OLICITATION OF
P
ROPOSALS
.—
(1) I
N GENERAL
.—Not later than 30 days after the date
of enactment of this Act, the Secretary shall issue a request
for proposals for projects for the financing, design, construction,
operation, and maintenance of a high-speed passenger rail
system operating within a high-speed rail corridor, including—
49 USC 24711
note.
49 USC
prec. 24701.
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129 STAT. 1665 PUBLIC LAW 114–94—DEC. 4, 2015
(A) the Northeast Corridor;
(B) the California Corridor;
(C) the Empire Corridor;
(D) the Pacific Northwest Corridor;
(E) the South Central Corridor;
(F) the Gulf Coast Corridor;
(G) the Chicago Hub Network;
(H) the Florida Corridor;
(I) the Keystone Corridor;
(J) the Northern New England Corridor; and
(K) the Southeast Corridor.
(2) S
UBMISSION
.—Proposals shall be submitted to the Sec-
retary not later than 180 days after the publication of the
request for proposals under paragraph (1).
(3) P
ERFORMANCE STANDARD
.—Proposals submitted under
paragraph (2) shall meet any standards established by the
Secretary. For corridors with existing intercity passenger rail
service, proposals shall also be designed to achieve a reduction
of existing minimum intercity rail service trip times between
the main corridor city pairs by a minimum of 25 percent.
In the case of a proposal submitted with respect to paragraph
(1)(A), the proposal shall be designed to achieve a 2-hour or
less express service between Washington, District of Columbia,
and New York City, New York.
(4) C
ONTENTS
.—A proposal submitted under this subsection
shall include—
(A) the names and qualifications of the persons submit-
ting the proposal and the entities proposed to finance,
design, construct, operate, and maintain the railroad, rail-
road equipment, and related facilities, stations, and infra-
structure;
(B) a detailed description of the proposed rail service,
including possible routes, required infrastructure invest-
ments and improvements, equipment needs and type, train
frequencies, peak and average operating speeds, and trip
times;
(C) a description of how the project would comply with
all applicable Federal rail safety and security laws, orders,
and regulations;
(D) the locations of proposed stations, which maximize
the usage of existing infrastructure to the extent possible,
and the populations such stations are intended to serve;
(E) the type of equipment to be used, including any
technologies, to achieve trip time goals;
(F) a description of any proposed legislation needed
to facilitate all aspects of the project;
(G) a financing plan identifying—
(i) projected revenue, and sources thereof;
(ii) the amount of any requested public contribu-
tion toward the project, and proposed sources;
(iii) projected annual ridership projections for the
first 10 years of operations;
(iv) annual operations and capital costs;
(v) the projected levels of capital investments
required both initially and in subsequent years to
maintain a state-of-good-repair necessary to provide
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129 STAT. 1666 PUBLIC LAW 114–94—DEC. 4, 2015
the initially proposed level of service or higher levels
of service;
(vi) projected levels of private investment and
sources thereof, including the identity of any person
or entity that has made or is expected to make a
commitment to provide or secure funding and the
amount of such commitment; and
(vii) projected funding for the full fair market com-
pensation for any asset, property right or interest,
or service acquired from, owned, or held by a private
person or Federal entity that would be acquired,
impaired, or diminished in value as a result of a
project, except as otherwise agreed to by the private
person or entity;
(H) a description of how the project would contribute
to the development of a national high-speed passenger
rail system and an intermodal plan describing how the
system will facilitate convenient travel connections with
other transportation services;
(I) a description of how the project will ensure compli-
ance with Federal laws governing the rights and status
of employees associated with the route and service,
including those specified in section 24405 of title 49, United
States Code;
(J) a description of how the design, construction,
implementation, and operation of the project will accommo-
date and allow for future growth of existing and projected
intercity, commuter, and freight rail service;
(K) a description of how the project would comply
with Federal and State environmental laws and regula-
tions, of what environmental impacts would result from
the project, and of how any adverse impacts would be
mitigated; and
(L) a description of the project’s impacts on highway
and aviation congestion, energy consumption, land use,
and economic development in the service area.
(b) D
ETERMINATION AND
E
STABLISHMENT OF
C
OMMISSIONS
.—
Not later than 90 days after receipt of the proposals under sub-
section (a), the Secretary shall—
(1) make a determination as to whether any such pro-
posals—
(A) contain the information required under paragraphs
(3) and (4) of subsection (a);
(B) are sufficiently credible to warrant further consid-
eration;
(C) are likely to result in a positive impact on the
Nation’s transportation system; and
(D) are cost-effective and in the public interest;
(2) establish a commission for each corridor with 1 or
more proposals that the Secretary determines satisfy the
requirements of paragraph (1); and
(3) forward to each commission established under para-
graph (2) the applicable proposals for review and consideration.
(c) C
OMMISSIONS
.—
(1) M
EMBERS
.—Each commission established under sub-
section (b)(2) shall include—
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129 STAT. 1667 PUBLIC LAW 114–94—DEC. 4, 2015
(A) the Governors of the affected States, or their respec-
tive designees;
(B) mayors of appropriate municipalities with stops
along the proposed corridor, or their respective designees;
(C) a representative from each freight railroad carrier
using the relevant corridor, if applicable;
(D) a representative from each transit authority using
the relevant corridor, if applicable;
(E) representatives of nonprofit employee labor
organizations representing affected railroad employees; and
(F) the President of Amtrak or his or her designee.
(2) A
PPOINTMENT AND SELECTION
.—The Secretary shall
appoint the members under paragraph (1). In selecting each
commission’s members to fulfill the requirements under sub-
paragraphs (B) and (E) of paragraph (1), the Secretary shall
consult with the Chairperson and Ranking Member of the Com-
mittee on Commerce, Science, and Transportation of the Senate
and of the Committee on Transportation and Infrastructure
of the House of Representatives.
(3) C
HAIRPERSON AND VICE
-
CHAIRPERSON SELECTION
.—The
Chairperson and Vice-Chairperson shall be elected from among
members of each commission.
(4) Q
UORUM AND VACANCY
.—
(A) Q
UORUM
.—A majority of the members of each
commission shall constitute a quorum.
(B) V
ACANCY
.—Any vacancy in each commission shall
not affect its powers and shall be filled in the same manner
in which the original appointment was made.
(d) C
OMMISSION
C
ONSIDERATION
.—
(1) I
N GENERAL
.—Each commission established under sub-
section (b)(2) shall be responsible for reviewing the proposal
or proposals forwarded to it under that subsection and, not
later than 90 days after the establishment of the commission,
shall transmit to the Secretary a report, including—
(A) a summary of each proposal received;
(B) services to be provided under each proposal,
including projected ridership, revenues, and costs;
(C) proposed public and private contributions for each
proposal;
(D) the advantages offered by the proposal over existing
intercity passenger rail services;
(E) public operating subsidies or assets needed for
the proposed project;
(F) possible risks to the public associated with the
proposal, including risks associated with project financing,
implementation, completion, safety, and security;
(G) a ranked list of the proposals recommended for
further consideration under subsection (e) in accordance
with each proposal’s projected positive impact on the
Nation’s transportation system;
(H) an identification of any proposed Federal legislation
that would facilitate implementation of the projects and
Federal legislation that would be required to implement
the projects; and
(I) any other recommendations by the commission con-
cerning the proposed projects.
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129 STAT. 1668 PUBLIC LAW 114–94—DEC. 4, 2015
(2) V
ERBAL PRESENTATION
.—Proposers shall be given an
opportunity to make a verbal presentation to the commission
to explain their proposals.
(3) A
UTHORIZATION OF APPROPRIATIONS
.—There is author-
ized to be appropriated to the Secretary for the use of each
commission established under subsection (b)(2) such sums as
are necessary to carry out this section.
(e) S
ELECTION BY
S
ECRETARY
.—
(1) I
N GENERAL
.—Not later than 60 days after receiving
the recommended proposals of the commissions established
under subsection (b)(2), the Secretary shall—
(A) review such proposals and select any proposal that
provides substantial benefits to the public and the national
transportation system, is cost-effective, offers significant
advantages over existing services, and meets other relevant
factors determined appropriate by the Secretary; and
(B) submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives a report containing any proposal with respect
to subsection (a)(1)(A) that is selected by the Secretary
under subparagraph (A) of this paragraph, all the informa-
tion regarding the proposal provided to the Secretary under
subsection (d), and any other information the Secretary
considers relevant.
(2) S
UBSEQUENT REPORT
.—Following the submission of the
report under paragraph (1)(B), the Secretary shall submit to
the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report containing
any proposal with respect to subparagraphs (B) through (K)
of subsection (a)(1) that are selected by the Secretary under
paragraph (1) of this subsection, all the information regarding
the proposal provided to the Secretary under subsection (d),
and any other information the Secretary considers relevant.
(3) L
IMITATION ON REPORT SUBMISSION
.—The report
required under paragraph (2) shall not be submitted by the
Secretary until the report submitted under paragraph (1)(B)
has been considered through a hearing by the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives on the report submitted under paragraph
(1)(B).
(f) N
O
A
CTIONS
W
ITHOUT
A
DDITIONAL
A
UTHORITY
.—No Federal
agency may take any action to implement, establish, facilitate,
or otherwise act upon any proposal submitted under this section,
other than those actions specifically authorized by this section,
without explicit statutory authority enacted after the date of enact-
ment of this Act.
(g) A
DEQUATE
R
ESOURCES
.—Before taking any action author-
ized under this section the Secretary shall certify to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that the Secretary has sufficient resources that
are adequate to undertake the program established under this
section.
(h) D
EFINITIONS
.—In this section:
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129 STAT. 1669 PUBLIC LAW 114–94—DEC. 4, 2015
(1) I
NTERCITY PASSENGER RAIL
.—The term ‘‘intercity pas-
senger rail’’ has the meaning given the term in section 24102
of title 49, United States Code.
(2) S
TATE
.—The term ‘‘State’’ means any of the 50 States
or the District of Columbia.
SEC. 11309. LARGE CAPITAL PROJECT REQUIREMENTS.
Section 24402 of title 49, United States Code, is amended
by inserting after subsection (i) the following:
‘‘(j) L
ARGE
C
APITAL
P
ROJECT
R
EQUIREMENTS
.—
‘‘(1) I
N GENERAL
.—For a grant awarded under this chapter
for an amount in excess of $1,000,000,000, the following condi-
tions shall apply:
‘‘(A) The Secretary may not obligate any funding unless
the applicant demonstrates, to the satisfaction of the Sec-
retary, that the applicant has committed, and will be able
to fulfill, the non-Federal share required for the grant
within the applicant’s proposed project completion time-
table.
‘‘(B) The Secretary may not obligate any funding for
work activities that occur after the completion of final
design unless—
‘‘(i) the applicant submits a financial plan to the
Secretary that generally identifies the sources of the
non-Federal funding required for any subsequent seg-
ments or phases of the corridor service development
program covering the project for which the grant is
awarded;
‘‘(ii) the grant will result in a useable segment,
a transportation facility, or equipment, that has oper-
ational independence; and
‘‘(iii) the intercity passenger rail benefits antici-
pated to result from the grant, such as increased speed,
improved on-time performance, reduced trip time,
increased frequencies, new service, safety improve-
ments, improved accessibility, or other significant
enhancements, are detailed by the grantee and
approved by the Secretary.
‘‘(C)(i) The Secretary shall ensure that the project is
maintained to the level of utility that is necessary to sup-
port the benefits approved under subparagraph (B)(iii) for
a period of 20 years from the date on which the useable
segment, transportation facility, or equipment described
in subparagraph (B)(ii) is placed in service.
‘‘(ii) If the project property is not maintained as
required under clause (i) for a 12-month period, the grant
recipient shall refund a pro-rata share of the Federal con-
tribution, based upon the percentage remaining of the 20-
year period that commenced when the project property
was placed in service.
‘‘(2) E
ARLY WORK
.—The Secretary may allow a grantee
subject to this subsection to engage in at-risk work activities
subsequent to the conclusion of final design if the Secretary
determines that such work activities are reasonable and nec-
essary.’’.
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129 STAT. 1670 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 11310. SMALL BUSINESS PARTICIPATION STUDY.
(a) S
TUDY
.—The Secretary shall conduct a nationwide disparity
and availability study on the availability and use of small business
concerns owned and controlled by socially and economically dis-
advantaged individuals and veteran-owned small businesses in pub-
licly funded intercity rail passenger transportation projects.
(b) R
EPORT
.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit a report containing the
results of the study conducted under subsection (a) to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(c) D
EFINITIONS
.—In this section:
(1) S
MALL BUSINESS CONCERN
.—The term ‘‘small business
concern’’ has the meaning given such term in section 3 of
the Small Business Act (15 U.S.C. 632), except that the term
does not include any concern or group of concerns controlled
by the same socially and economically disadvantaged individual
or individuals that have average annual gross receipts during
the preceding 3 fiscal years in excess of $22,410,000, as adjusted
annually by the Secretary for inflation.
(2) S
OCIALLY AND ECONOMICALLY DISADVANTAGED INDI
-
VIDUAL
.—The term ‘‘socially and economically disadvantaged
individual’’ has the meaning given such term in section 8(d)
of the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to such Act, except
that women shall be presumed to be socially and economically
disadvantaged individuals for purposes of this section.
(3) V
ETERAN
-
OWNED SMALL BUSINESS
.—The term ‘‘veteran-
owned small business’’ has the meaning given the term ‘‘small
business concern owned and controlled by veterans’’ in section
3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except
that the term does not include any concern or group of concerns
controlled by the same veterans that have average annual
gross receipts during the preceding 3 fiscal years in excess
of $22,410,000, as adjusted annually by the Secretary for infla-
tion.
SEC. 11311. SHARED-USE STUDY.
(a) I
N
G
ENERAL
.—Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with Amtrak,
commuter rail passenger transportation authorities, other railroad
carriers, railroad carriers that own rail infrastructure over which
both passenger and freight trains operate, States, the Surface
Transportation Board, the Northeast Corridor Commission estab-
lished under section 24905 of title 49, United States Code, the
State-Supported Route Committee established under section 24712
of such title, and groups representing rail passengers and cus-
tomers, as appropriate, shall complete a study that evaluates—
(1) the shared use of right-of-way by passenger and freight
rail systems; and
(2) the operational, institutional, and legal structures that
would best support improvements to the systems referred to
in paragraph (1).
(b) A
REAS OF
S
TUDY
.—In conducting the study under subsection
(a), the Secretary shall evaluate—
49 USC 20101
note.
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129 STAT. 1671 PUBLIC LAW 114–94—DEC. 4, 2015
(1) the access and use of railroad right-of-way by a rail
carrier that does not own the right-of-way, such as passenger
rail services that operate over privately-owned right-of-way,
including an analysis of—
(A) access agreements;
(B) costs of access; and
(C) the resolution of disputes relating to such access
or costs;
(2) the effectiveness of existing contractual, statutory, and
regulatory mechanisms for establishing, measuring, and
enforcing train performance standards, including—
(A) the manner in which passenger train delays are
recorded;
(B) the assignment of responsibility for such delays;
and
(C) the use of incentives and penalties for performance;
(3) the strengths and weaknesses of the existing mecha-
nisms described in paragraph (2) and possible approaches to
address the weaknesses;
(4) mechanisms for measuring and maintaining public
benefits resulting from publicly funded freight or passenger
rail improvements, including improvements directed towards
shared-use right-of-way by passenger and freight rail;
(5) approaches to operations, capacity, and cost estimation
modeling that—
(A) allow for transparent decisionmaking; and
(B) protect the proprietary interests of all parties;
(6) liability requirements and arrangements, including—
(A) whether to expand statutory liability limits to addi-
tional parties;
(B) whether to revise the current statutory liability
limits;
(C) whether current insurance levels of passenger rail
operators are adequate and whether to establish minimum
insurance requirements for such passenger rail operators;
and
(D) whether to establish alternative insurance models,
including other models administered by the Federal
Government;
(7) the effect on rail passenger services, operations, liability
limits, and insurance levels of the assertion of sovereign immu-
nity by a State; and
(8) other issues identified by the Secretary.
(c) R
EPORT
.—Not later than 60 days after the study under
subsection (a) is complete, the Secretary shall submit to the Com-
mittee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report that includes—
(1) the results of the study; and
(2) any recommendations for further action, including any
legislative proposals consistent with such recommendations.
(d) I
MPLEMENTATION
.—The Secretary shall integrate, as appro-
priate, the recommendations submitted under subsection (c) into
the financial assistance programs under subtitle V of title 49, United
States Code, and section 502 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822).
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129 STAT. 1672 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 11312. NORTHEAST CORRIDOR THROUGH-TICKETING AND
PROCUREMENT EFFICIENCIES.
(a) T
HROUGH
-T
ICKETING
S
TUDY
.—
(1) I
N GENERAL
.—Not later than 3 years after the date
of enactment of this Act, the Northeast Corridor Commission
established under section 24905(a) of title 49, United States
Code (referred to in this section as the ‘‘Commission’’), in con-
sultation with Amtrak and the commuter rail passenger
transportation providers along the Northeast Corridor, shall
complete a study on the feasibility of and options for permitting
through-ticketing between Amtrak service and commuter rail
services on the Northeast Corridor.
(2) C
ONTENTS
.—In completing the study under paragraph
(1), the Northeast Corridor Commission shall—
(A) examine the current state of intercity and com-
muter rail ticketing technologies, policies, and other rel-
evant aspects on the Northeast Corridor;
(B) consider and recommend technology, process,
policy, or other options that would permit through-ticketing
to allow intercity and commuter rail passengers to pur-
chase, in a single transaction, travel that utilizes Amtrak
and connecting commuter rail services;
(C) consider options to expand through-ticketing to
include local transit services;
(D) summarize costs, benefits, opportunities, and
impediments to developing such through-ticketing options;
and
(E) develop a proposed methodology, including cost and
schedule estimates, for carrying out a pilot program on
through-ticketing on the Northeast Corridor.
(3) R
EPORT
.—Not later than 60 days after the date the
study under paragraph (1) is complete, the Commission shall
submit to the Secretary, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representa-
tives a report that includes—
(A) the results of the study; and
(B) any recommendations for further action.
(4) R
EVIEW
.—Not later than 180 days after receipt of the
report under paragraph (3), the Secretary shall review the
report and recommend best practices in developing through
ticketing for other areas outside of the Northeast Corridor.
The Secretary shall transmit the best practices to the State-
Supported Route Committee established under section 24712
of title 49, United States Code.
(b) J
OINT
P
ROCUREMENT
S
TUDY
.—
(1) I
N GENERAL
.—Not later than 3 years after the date
of enactment of this Act, the Secretary, in cooperation with
the Commission, Amtrak, and commuter rail transportation
authorities on the Northeast Corridor, shall complete a study
of the potential benefits resulting from Amtrak and such
authorities undertaking select joint procurements for common
materials, assets, and equipment when expending Federal
funds for such joint procurements.
(2) C
ONTENTS
.—In completing the study under paragraph
(1), the Secretary shall consider—
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129 STAT. 1673 PUBLIC LAW 114–94—DEC. 4, 2015
(A) the types of materials, assets, and equipment that
are regularly purchased by Amtrak and such authorities
that are similar and could be jointly procured;
(B) the potential benefits of such joint procurements,
including lower procurement costs, better pricing, greater
market relevancy, and other efficiencies;
(C) the potential costs of such joint procurements;
(D) any significant impediments to undertaking joint
procurements, including any necessary harmonization and
reconciliation of Federal and State procurement or safety
regulations or standards and other requirements; and
(E) whether to create Federal incentives or require-
ments relating to considering or carrying out joint procure-
ments when expending Federal funds.
(3) T
RANSMISSION
.—Not later than 60 days after completing
the study required under this subsection, the Secretary shall
submit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that includes—
(A) the results of the study; and
(B) any recommendations for further action.
(c) N
ORTHEAST
C
ORRIDOR
.—In this section, the term ‘‘Northeast
Corridor’’ means the Northeast Corridor main line between Boston,
Massachusetts, and the District of Columbia, and the Northeast
Corridor branch lines connecting to Harrisburg, Pennsylvania,
Springfield, Massachusetts, and Spuyten Duyvil, New York,
including the facilities and services used to operate and maintain
those lines.
SEC. 11313. DATA AND ANALYSIS.
(a) D
ATA
.—Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with the Surface Transpor-
tation Board, Amtrak, freight railroads, State and local govern-
ments, and regional business, tourism, and economic development
agencies shall conduct a data needs assessment to—
(1) support the development of an efficient and effective
intercity passenger rail network;
(2) identify the data needed to conduct cost-effective mod-
eling and analysis for intercity passenger rail development
programs;
(3) determine limitations to the data used for inputs;
(4) develop a strategy to address such limitations;
(5) identify barriers to accessing existing data;
(6) develop recommendations regarding whether the
authorization of additional data collection for intercity pas-
senger rail travel is warranted; and
(7) determine which entities should be responsible for
generating or collecting needed data.
(b) B
ENEFIT
-C
OST
A
NALYSIS
.—Not later than 180 days after
the date of enactment of this Act, the Secretary shall enhance
the usefulness of assessments of benefits and costs for intercity
passenger rail and freight rail projects by—
(1) providing ongoing guidance and training on developing
benefit and cost information for rail projects;
49 USC 24407
note.
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129 STAT. 1674 PUBLIC LAW 114–94—DEC. 4, 2015
(2) providing more direct and consistent requirements for
assessing benefits and costs across transportation funding pro-
grams, including the appropriate use of discount rates;
(3) requiring applicants to clearly communicate the method-
ology used to calculate the project benefits and costs, including
non-proprietary information on—
(A) assumptions underlying calculations;
(B) strengths and limitations of data used; and
(C) the level of uncertainty in estimates of project
benefits and costs; and
(4) ensuring that applicants receive clear and consistent
guidance on values to apply for key assumptions used to esti-
mate potential project benefits and costs.
(c) C
ONFIDENTIAL
D
ATA
.—The Secretary shall protect all sen-
sitive and confidential information to the greatest extent permitted
by law. Nothing in this section shall require any entity to provide
information to the Secretary in the absence of a voluntary agree-
ment.
SEC. 11314. AMTRAK INSPECTOR GENERAL.
(a) A
UTHORITY
.—
(1) I
N GENERAL
.—The Inspector General of Amtrak shall
have the authority available to other Inspectors General, as
necessary in carrying out the duties specified in the Inspector
General Act of 1978 (5 U.S.C. App.), to investigate any alleged
violation of sections 286, 287, 371, 641, 1001, 1002 and 1516
of title 18, United States Code.
(2) A
GENCY
.—For purposes of sections 286, 287, 371, 641,
1001, 1002, and 1516 of title 18, United States Code, Amtrak
and the Amtrak Office of Inspector General, shall be considered
a corporation in which the United States has a proprietary
interest as set forth in section 6 of such title.
(b) A
SSESSMENT
.—The Inspector General of Amtrak shall—
(1) not later than 60 days after the date of enactment
of this Act, initiate an assessment to determine whether current
expenditures or procurements involving Amtrak’s fulfillment
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) utilize competitive, market-driven provisions that are
applicable throughout the entire term of such related expendi-
tures or procurements; and
(2) not later than 6 months after the date of enactment
of this Act, transmit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representa-
tives the assessment under paragraph (1).
(c) L
IMITATION
.—The authority provided by subsection (a) shall
be effective only with respect to a fiscal year for which Amtrak
receives a Federal subsidy.
SEC. 11315. MISCELLANEOUS PROVISIONS.
(a) T
ITLE
49 A
MENDMENTS
.—
(1) A
UTHORITY
.—Section 22702(b)(4) of title 49, United
States Code, is amended by striking ‘‘5 years for reapproval
by the Secretary’’ and inserting ‘‘4 years for acceptance by
the Secretary’’.
(2) C
ONTENTS OF STATE RAIL PLANS
.—Section 22705(a) of
title 49, United States Code, is amended by striking paragraph
(12).
5 USC app. 8G.
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129 STAT. 1675 PUBLIC LAW 114–94—DEC. 4, 2015
(b) P
ASSENGER
R
AIL
I
NVESTMENT AND
I
MPROVEMENT
A
CT
A
MENDMENTS
.—Section 305 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note) is amended—
(1) in subsection (a) by inserting after ‘‘equipment manufac-
turers,’’ the following: ‘‘nonprofit organizations representing
employees who perform overhaul and maintenance of passenger
railroad equipment,’’;
(2) in subsection (c) by striking ‘‘, and may establish a
corporation, which may be owned or jointly-owned by Amtrak,
participating States, or other entities, to perform these func-
tions’’; and
(3) in subsection (e) by striking ‘‘and establishing a jointly-
owned corporation to manage that equipment’’.
(c) C
ERTAIN
P
ROJECTS
.—A project described in 1307(a)(3) of
SAFETEA–LU (Public Law 109–59) may be eligible for the Railroad
Rehabilitation and Improvement Financing program if the Secretary
determines such project meets the requirements of sections 502
and 503 of the Railroad Revitalization and Regulatory Reform Act
of 1976.
(d) C
LARIFICATION
.—
(1) A
MENDMENT
.—Section 20157(g) of title 49, United
States Code, is amended by adding at the end the following
new paragraph:
‘‘(4) C
LARIFICATION
.—
‘‘(A) P
ROHIBITIONS
.—The Secretary is prohibited from—
‘‘(i) approving or disapproving a revised plan sub-
mitted under subsection (a)(1);
‘‘(ii) considering a revised plan under subsection
(a)(1) as a request for amendment under section
236.1021 of title 49, Code of Federal Regulations; or
‘‘(iii) requiring the submission, as part of the
revised plan under subsection (a)(1), of—
‘‘(I) only a schedule and sequence under sub-
section (a)(2)(A)(iii)(VII); or
‘‘(II) both a schedule and sequence under sub-
section (a)(2)(A)(iii)(VII) and an alternative
schedule and sequence under subsection (a)(2)(B).
‘‘(B) C
IVIL PENALTY AUTHORITY
.—Except as provided
in paragraph (2) and this paragraph, nothing in this sub-
section shall be construed to limit the Secretary’s authority
to assess civil penalties pursuant to subsection (e), con-
sistent with the requirements of this section.
‘‘(C) R
ETAINED REVIEW AUTHORITY
.—The Secretary
retains the authority to review revised plans submitted
under subsection (a)(1) and is authorized to require modi-
fications of those plans to the extent necessary to ensure
that such plans include the descriptions under subsection
(a)(2)(A)(i), the contents under subsection (a)(2)(A)(ii), and
the year or years, totals, and summary under subsection
(a)(2)(A)(iii)(I) through (VI).’’.
(2) C
ONFORMING AMENDMENT
.—Section 20157(g)(3) of title
49, United States Code, is amended by striking ‘‘by paragraph
(2) and subsection (k)’’ and inserting ‘‘to conform with this
section’’.
23 USC 322 note.
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129 STAT. 1676 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 11316. TECHNICAL AND CONFORMING AMENDMENTS.
(a) A
SSISTANCE TO
F
AMILIES OF
P
ASSENGERS
I
NVOLVED IN
R
AIL
P
ASSENGER
A
CCIDENTS
.—Section 1139 of title 49, United States
Code, is amended—
(1) in subsection (a)(1), by striking ‘‘phone number’’ and
inserting ‘‘telephone number’’;
(2) in subsection (a)(2), by striking ‘‘post trauma commu-
nication with families’’ and inserting ‘‘post-trauma communica-
tion with families’’; and
(3) in subsection (j), by striking ‘‘railroad passenger
accident’’ each place it appears and inserting ‘‘rail passenger
accident’’.
(b) S
OLID
W
ASTE
R
AIL
T
RANSFER
F
ACILITY
L
AND
-U
SE
E
XEMP
-
TION
.—Section 10909 of title 49, United States Code, is amended—
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘Clean Railroad Act of 2008’’ and inserting
‘‘Clean Railroads Act of 2008’’; and
(2) in subsection (e), by striking ‘‘Upon the granting of
petition from the State’’ and inserting ‘‘Upon the granting of
a petition from the State’’.
(c) R
ULEMAKING
P
ROCESS
.—Section 20116 of title 49, United
States Code, is amended—
(1) by inserting ‘‘(2)’’ before ‘‘the code, rule, standard,
requirement, or practice has been subject to notice and comment
under a rule or order issued under this part.’’ and indenting
accordingly;
(2) by inserting ‘‘(1)’’ after ‘‘unless’’ and indenting accord-
ingly;
(3) in paragraph (1), as redesignated, by striking ‘‘order,
or’’ and inserting ‘‘order; or’’; and
(4) in the matter preceding paragraph (1), as redesignated,
by striking ‘‘unless’’ and inserting ‘‘unless—’’.
(d) E
NFORCEMENT
R
EPORT
.—Section 20120(a) of title 49, United
States Code, is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘website’’ and inserting ‘‘Web site’’;
(2) in paragraph (1), by striking ‘‘accident and incidence
reporting’’ and inserting ‘‘accident and incident reporting’’;
(3) in paragraph (2)(G), by inserting ‘‘and’’ at the end;
and
(4) in paragraph (5)(B), by striking ‘‘Administrative Hearing
Officer or Administrative Law Judge’’ and inserting ‘‘adminis-
trative hearing officer or administrative law judge’’.
(e) R
AILROAD
S
AFETY
R
ISK
R
EDUCTION
P
ROGRAM
.—Section
20156 of title 49, United States Code, is amended—
(1) in subsection (c), by inserting a comma after ‘‘In devel-
oping its railroad safety risk reduction program’’; and
(2) in subsection (g)(1)—
(A) by inserting a comma after ‘‘good faith’’; and
(B) by striking ‘‘non-profit’’ and inserting ‘‘nonprofit’’.
(f) R
OADWAY
U
SER
S
IGHT
D
ISTANCE AT
H
IGHWAY
-R
AIL
G
RADE
C
ROSSINGS
.—Section 20159 of title 49, United States Code, is
amended by striking ‘‘the Secretary’’ and inserting ‘‘the Secretary
of Transportation’’.
(g) N
ATIONAL
C
ROSSING
I
NVENTORY
.—Section 20160 of title 49,
United States Code, is amended—
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129 STAT. 1677 PUBLIC LAW 114–94—DEC. 4, 2015
(1) in subsection (a)(1), by striking ‘‘concerning each pre-
viously unreported crossing through which it operates or with
respect to the trackage over which it operates’’ and inserting
‘‘concerning each previously unreported crossing through which
it operates with respect to the trackage over which it operates’’;
and
(2) in subsection (b)(1)(A), by striking ‘‘concerning each
crossing through which it operates or with respect to the track-
age over which it operates’’ and inserting ‘‘concerning each
crossing through which it operates with respect to the trackage
over which it operates’’.
(h) M
INIMUM
T
RAINING
S
TANDARDS AND
P
LANS
.—Section
20162(a)(3) of title 49, United States Code, is amended by striking
‘‘railroad compliance with Federal standards’’ and inserting ‘‘rail-
road carrier compliance with Federal standards’’.
(i) D
EVELOPMENT AND
U
SE OF
R
AIL
S
AFETY
T
ECHNOLOGY
.—
Section 20164(a) of title 49, United States Code, is amended by
striking ‘‘after enactment of the Railroad Safety Enhancement Act
of 2008’’ and inserting ‘‘after the date of enactment of the Rail
Safety Improvement Act of 2008’’.
(j) R
AIL
S
AFETY
I
MPROVEMENT
A
CT OF
2008.—
(1) T
ABLE OF CONTENTS
.—Section 1(b) of division A of the
Rail Safety Improvement Act of 2008 (Public Law 110–432;
122 Stat. 4848) is amended—
(A) in the item relating to section 307 by striking
‘‘website’’ and inserting ‘‘Web site’’;
(B) in the item relating to title VI by striking ‘‘solid
waste facilities’’ and inserting ‘‘solid waste rail transfer
facilities’’; and
(C) in the item relating to section 602 by striking
‘‘solid waste transfer facilities’’ and inserting ‘‘solid waste
rail transfer facilities’’.
(2) D
EFINITIONS
.—Section 2(a)(1) of division A of the Rail
Safety Improvement Act of 2008 (Public Law 110–432; 122
Stat. 4849) is amended in the matter preceding subparagraph
(A), by inserting a comma after ‘‘at grade’’.
(3) R
AILROAD SAFETY STRATEGY
.—Section 102(a)(6) of title
I of division A of the Rail Safety Improvement Act of 2008
(49 U.S.C. 20101 note) is amended by striking ‘‘Improving the
safety of railroad bridges, tunnels, and related infrastructure
to prevent accidents, incidents, injuries, and fatalities caused
by catastrophic failures and other bridge and tunnel failures.’’
and inserting ‘‘Improving the safety of railroad bridges, tunnels,
and related infrastructure to prevent accidents, incidents,
injuries, and fatalities caused by catastrophic and other failures
of such infrastructure.’’.
(4) O
PERATION LIFESAVER
.—Section 206(a) of title II of divi-
sion A of the Rail Safety Improvement Act of 2008 (49 U.S.C.
22501 note) is amended by striking ‘‘Public Service Announce-
ments’’ and inserting ‘‘public service announcements’’.
(5) U
PDATE OF FEDERAL RAILROAD ADMINISTRATION
’
S WEB
SITE
.—Section 307 of title III of division A of the Rail Safety
Improvement Act of 2008 (49 U.S.C. 103 note) is amended—
(A) in the heading by striking ‘‘
FEDERAL RAILROAD
ADMINISTRATION
’
S WEBSITE
’’ and inserting ‘‘
FEDERAL
RAILROAD ADMINISTRATION WEB SITE
’’;
49 USC 20102
note.
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129 STAT. 1678 PUBLIC LAW 114–94—DEC. 4, 2015
(B) by striking ‘‘website’’ each place it appears and
inserting ‘‘Web site’’; and
(C) by striking ‘‘website’s’’ and inserting ‘‘Web site’s’’.
(6) A
LCOHOL AND CONTROLLED SUBSTANCE TESTING FOR
MAINTENANCE
-
OF
-
WAY EMPLOYEES
.—Section 412 of title IV of
division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20140 note) is amended by striking ‘‘Secretary of
Transportation’’ and inserting ‘‘Secretary’’.
(7) T
UNNEL INFORMATION
.—Section 414 of title IV of divi-
sion A of the Rail Safety Improvement Act of 2008 (49 U.S.C.
20103 note) is amended—
(A) by striking ‘‘parts 171.8, 173.115’’ and inserting
‘‘sections 171.8, 173.115’’; and
(B) by striking ‘‘part 1520.5’’ and inserting ‘‘section
1520.5’’.
(8) S
AFETY INSPECTIONS IN MEXICO
.—Section 416 of title
IV of division A of the Rail Safety Improvement Act of 2008
(49 U.S.C. 20107 note) is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘Secretary of Transportation’’ and inserting ‘‘Secretary’’;
and
(B) in paragraph (4), by striking ‘‘subsection’’ and
inserting ‘‘section’’.
(9) H
EADING OF TITLE VI
.—The heading of title VI of divi-
sion A of the Rail Safety Improvement Act of 2008 (122 Stat.
4900) is amended by striking ‘‘SOLID WASTE FACILITIES’’
and inserting ‘‘SOLID WASTE RAIL TRANSFER FACILI-
TIES’’.
(10) H
EADING OF SECTION 602
.—The heading of section 602
of title VI of division A of the Rail Safety Improvement Act
of 2008 (122 Stat. 4900) is amended by striking ‘‘
SOLID WASTE
TRANSFER FACILITIES
’’ and inserting ‘‘
SOLID WASTE RAIL
TRANSFER FACILITIES
’’.
(k) C
ONTINGENT
I
NTEREST
R
ECOVERIES
.—Section 22106(b) of
title 49, United States Code, is amended by striking ‘‘interest
thereof’’ and inserting ‘‘interest thereon’’.
(l) M
ISSION
.—Section 24101(b) of title 49, United States Code,
is amended by striking ‘‘of subsection (d)’’ and inserting ‘‘set forth
in subsection (c)’’.
(m) T
ABLE OF
C
ONTENTS
A
MENDMENT
.—The table of contents
for chapter 243 of title 49, United States Code, is amended by
striking the item relating to section 24316 and inserting the fol-
lowing:
‘‘24316. Plans to address the needs of families of passengers involved in rail pas-
senger accidents.’’.
(n) A
MTRAK
.—Chapter 247 of title 49, United States Code,
is amended—
(1) in section 24706—
(A) in subsection (a)—
(i) in paragraph (1) by striking ‘‘a discontinuance
under section 24704 or or’’; and
(ii) in paragraph (2) by striking ‘‘section 24704
or’’; and
(B) in subsection (b) by striking ‘‘section 24704 or’’;
and
49 USC
prec. 24301.
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129 STAT. 1679 PUBLIC LAW 114–94—DEC. 4, 2015
(2) in section 24709 by striking ‘‘The Secretary of the
Treasury and the Attorney General,’’ and inserting ‘‘The Sec-
retary of Homeland Security,’’.
(o) R
AIL
C
OOPERATIVE
R
ESEARCH
P
ROGRAM
.—Section 24910(b)
of title 49, United States Code, is amended—
(1) in paragraph (12) by striking ‘‘and’’ at the end;
(2) in paragraph (13) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(14) to improve overall safety of intercity passenger and
freight rail operations.’’.
(p) S
ECRETARIAL
O
VERSIGHT
.—Section 24403 of title 49, United
States Code, is amended by striking subsection (b).
Subtitle D—Safety
SEC. 11401. HIGHWAY-RAIL GRADE CROSSING SAFETY.
(a) M
ODEL
S
TATE
H
IGHWAY
-R
AIL
G
RADE
C
ROSSING
A
CTION
P
LAN
.—
(1) I
N GENERAL
.—Not later than 1 year after the date
of enactment of this Act, the Administrator of the Federal
Railroad Administration shall develop a model of a State-spe-
cific highway-rail grade crossing action plan and distribute
the plan to each State.
(2) C
ONTENTS
.—The plan developed under paragraph (1)
shall include—
(A) methodologies, tools, and data sources for identi-
fying and evaluating highway-rail grade crossing safety
risks, including the public safety risks posed by blocked
highway-rail grade crossings due to idling trains;
(B) best practices to reduce the risk of highway-rail
grade crossing accidents or incidents and to alleviate the
blockage of highway-rail grade crossings due to idling
trains, including strategies for—
(i) education, including model stakeholder engage-
ment plans or tools;
(ii) engineering, including the benefits and costs
of different designs and technologies used to mitigate
highway-rail grade crossing safety risks; and
(iii) enforcement, including the strengths and
weaknesses associated with different enforcement
methods;
(C) for each State, a customized list and data set
of the highway-rail grade crossing accidents or incidents
in that State over the past 3 years, including the location,
number of deaths, and number of injuries for each accident
or incident, and a list of highway-rail grade crossings in
that State that have experienced multiple accidents or
incidents over the past 3 years; and
(D) contact information of a Department of Transpor-
tation safety official available to assist the State in
adapting the model plan to satisfy the requirements under
subsection (b).
(b) S
TATE
H
IGHWAY
-R
AIL
G
RADE
C
ROSSING
A
CTION
P
LANS
.—
(1) R
EQUIREMENTS
.—Not later than 18 months after the
Administrator develops and distributes the model plan under
49 USC 22501
note.
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129 STAT. 1680 PUBLIC LAW 114–94—DEC. 4, 2015
subsection (a), the Administrator shall promulgate a rule that
requires—
(A) each State, except the 10 States identified under
section 202 of the Rail Safety Improvement Act of 2008
(49 U.S.C. 22501 note), to develop and implement a State
highway-rail grade crossing action plan; and
(B) each State identified under section 202 of the Rail
Safety Improvement Act of 2008 (49 U.S.C. 22501 note)
to—
(i) update the State action plan under such section;
and
(ii) submit to the Administrator—
(I) the updated State action plan; and
(II) a report describing what the State did
to implement its previous State action plan under
such section and how the State will continue to
reduce highway-rail grade crossing safety risks.
(2) C
ONTENTS
.—Each State plan required under this sub-
section shall—
(A) identify highway-rail grade crossings that have
experienced recent highway-rail grade crossing accidents
or incidents or multiple highway-rail grade crossing
accidents or incidents, or are at high-risk for accidents
or incidents;
(B) identify specific strategies for improving safety at
highway-rail grade crossings, including highway-rail grade
crossing closures or grade separations; and
(C) designate a State official responsible for managing
implementation of the State action plan under subpara-
graph (A) or (B) of paragraph (1), as applicable.
(3) A
SSISTANCE
.—The Administrator shall provide assist-
ance to each State in developing and carrying out, as appro-
priate, the State action plan under this subsection.
(4) P
UBLIC AVAILABILITY
.—Each State shall submit a final
State plan under this subsection to the Administrator for
publication. The Administrator shall make each approved State
plan publicly available on an official Internet Web site.
(5) C
ONDITIONS
.—The Secretary may condition the
awarding of a grant to a State under chapter 244 of title
49, United States Code, on that State submitting an acceptable
State action plan under this subsection.
(6) R
EVIEW OF ACTION PLANS
.—Not later than 60 days
after the date of receipt of a State action plan under this
subsection, the Administrator shall—
(A) if the State action plan is approved, notify the
State and publish the State action plan under paragraph
(4); and
(B) if the State action plan is incomplete or deficient,
notify the State of the specific areas in which the plan
is deficient and allow the State to complete the plan or
correct the deficiencies and resubmit the plan under para-
graph (1).
(7) D
EADLINE
.—Not later than 60 days after the date of
a notice under paragraph (6)(B), a State shall complete the
plan or correct the deficiencies and resubmit the plan.
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129 STAT. 1681 PUBLIC LAW 114–94—DEC. 4, 2015
(8) F
AILURE TO COMPLETE OR CORRECT PLAN
.—If a State
fails to meet the deadline under paragraph (7), the Adminis-
trator shall post on the Web site under paragraph (4) a notice
that the State has an incomplete or deficient highway-rail
grade crossing action plan.
(c) R
EPORT
.—Not later than the date that is 3 years after
the Administrator publishes the final rule under subsection (b)(1),
the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report on—
(1) the specific strategies identified by States to improve
safety at highway-rail grade crossings, including crossings with
multiple accidents or incidents; and
(2) the progress each State described under subsection
(b)(1)(B) has made in implementing its action plan.
(d) R
AILWAY
-H
IGHWAY
C
ROSSINGS
F
UNDS
.—The Secretary may
use funds made available to carry out section 130 of title 23,
United States Code, to provide States with funds to develop a
State highway-rail grade crossing action plan under subsection
(b)(1)(A) or to update a State action plan under subsection (b)(1)(B).
(e) D
EFINITIONS
.—In this section:
(1) H
IGHWAY
-
RAIL GRADE CROSSING
.—The term ‘‘highway-
rail grade crossing’’ means a location within a State, other
than a location where 1 or more railroad tracks cross 1 or
more railroad tracks at grade, where—
(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways,
crosses 1 or more railroad tracks either at grade or grade-
separated; or
(B) a pathway explicitly authorized by a public
authority or a railroad carrier that is dedicated for the
use of non-vehicular traffic, including pedestrians,
bicyclists, and others, that is not associated with a public
highway, road, or street, or a private roadway, crosses
1 or more railroad tracks either at grade or grade-sepa-
rated.
(2) S
TATE
.—The term ‘‘State’’ means a State of the United
States or the District of Columbia.
SEC. 11402. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS.
(a) I
N
G
ENERAL
.—The Secretary, in consultation with railroad
carriers, shall conduct a study to—
(1) determine whether limitations or weaknesses exist
regarding the availability and usefulness for safety purposes
of data on private highway-rail grade crossings; and
(2) evaluate existing engineering practices on private high-
way-rail grade crossings.
(b) C
ONTENTS
.—In conducting the study under subsection (a),
the Secretary shall make recommendations as necessary to
improve—
(1) the utility of the data on private highway-rail grade
crossings; and
(2) the implementation of private highway-rail crossing
safety measures, including signage and warning systems.
(c) R
EPORT
.—Not later than 3 years after the date of enactment
of this Act, the Secretary shall transmit to the Committee on
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129 STAT. 1682 PUBLIC LAW 114–94—DEC. 4, 2015
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives a report of the findings of the study and any rec-
ommendations for further action.
SEC. 11403. STUDY ON USE OF LOCOMOTIVE HORNS AT HIGHWAY-
RAIL GRADE CROSSINGS.
(a) S
TUDY
.—The Comptroller General of the United States shall
submit a report to Congress containing the results of a study
evaluating the final rule issued on August 17, 2006, entitled ‘‘Use
of Locomotive Horns at Highway-Rail Grade Crossings’’ (71 Fed.
Reg. 47614), including—
(1) the effectiveness of such final rule;
(2) the benefits and costs of establishing quiet zones; and
(3) any barriers to establishing quiet zones.
(b) S
AVINGS
C
LAUSE
.—Nothing in this section shall be construed
to limit or preclude any planned retrospective review by the Sec-
retary of the final rule described in subsection (a).
SEC. 11404. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS
EFFECTIVENESS STUDY.
After the Secretary certifies that each Class I railroad carrier
and each entity providing regularly scheduled intercity or commuter
rail passenger transportation is in compliance with the positive
train control requirements under section 20157(a) of title 49, United
States Code, the Secretary shall—
(1) conduct a study of the possible effectiveness of positive
train control and related technologies on reducing collisions
at highway-rail grade crossings; and
(2) submit a report containing the results of the study
conducted under paragraph (1) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives.
SEC. 11405. BRIDGE INSPECTION REPORTS.
Section 417(d) of the Rail Safety Improvement Act of 2008
(49 U.S.C. 20103 note) is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(1) I
N GENERAL
.—The Secretary’’; and
(2) by adding at the end the following:
‘‘(2) A
VAILABILITY OF BRIDGE CONDITION
.—
‘‘(A) I
N GENERAL
.—A State or political subdivision of
a State may file a request with the Secretary for a public
version of a bridge inspection report generated under sub-
section (b)(5) for a bridge located in such State or political
subdivision’s jurisdiction.
‘‘(B) P
UBLIC VERSION OF REPORT
.—If the Secretary
determines that the request is reasonable, the Secretary
shall require a railroad to submit a public version of the
most recent bridge inspection report, such as a summary
form, for a bridge subject to a request under subparagraph
(A). The public version of a bridge inspection report shall
include the date of last inspection, length of bridge, location
of bridge, type of bridge, type of structure, feature crossed
by bridge, and railroad contact information, along with
a general statement on the condition of the bridge.
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129 STAT. 1683 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(C) P
ROVISION OF REPORT
.—The Secretary shall pro-
vide to a State or political subdivision of a State a public
version of a bridge inspection report submitted under
subparagraph (B).
‘‘(D) T
ECHNICAL ASSISTANCE
.—The Secretary, upon the
reasonable request of State or political subdivision of a
State, shall provide technical assistance to such State or
political subdivision of a State to facilitate the under-
standing of a bridge inspection report.’’.
SEC. 11406. SPEED LIMIT ACTION PLANS.
(a) I
N
G
ENERAL
.—Not later than 90 days after the date of
enactment of this Act, each railroad carrier providing intercity
rail passenger transportation or commuter rail passenger transpor-
tation, in consultation with any applicable host railroad carrier,
shall survey its entire system and identify each main track location
where there is a reduction of more than 20 miles per hour from
the approach speed to a curve, bridge, or tunnel and the maximum
authorized operating speed for passenger trains at that curve,
bridge, or tunnel.
(b) A
CTION
P
LANS
.—Not later than 120 days after the date
that the survey under subsection (a) is complete, a railroad carrier
described in subsection (a) shall submit to the Secretary an action
plan that—
(1) identifies each main track location where there is a
reduction of more than 20 miles per hour from the approach
speed to a curve, bridge, or tunnel and the maximum authorized
operating speed for passenger trains at that curve, bridge,
or tunnel;
(2) describes appropriate actions to enable warning and
enforcement of the maximum authorized speed for passenger
trains at each location identified under paragraph (1),
including—
(A) modification to automatic train control systems,
if applicable, or other signal systems;
(B) increased crew size;
(C) installation of signage alerting train crews of the
maximum authorized speed for passenger trains in each
location identified under paragraph (1);
(D) installation of alerters;
(E) increased crew communication; and
(F) other practices;
(3) contains milestones and target dates for implementing
each appropriate action described under paragraph (2); and
(4) ensures compliance with the maximum authorized speed
at each location identified under paragraph (1).
(c) A
PPROVAL
.—Not later than 90 days after the date on which
an action plan is submitted under subsection (b), the Secretary
shall approve, approve with conditions, or disapprove the action
plan.
(d) A
LTERNATIVE
S
AFETY
M
EASURES
.—The Secretary may
exempt from the requirements of this section each segment of
track for which operations are governed by a positive train control
system certified under section 20157 of title 49, United States
Code, or any other safety technology or practice that would achieve
an equivalent or greater level of safety in reducing derailment
risk.
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129 STAT. 1684 PUBLIC LAW 114–94—DEC. 4, 2015
(e) R
EPORT
.—Not later than 6 months after the date of enact-
ment of this Act, the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes—
(1) the actions railroad carriers have taken in response
to Safety Advisory 2013–08, entitled ‘‘Operational Tests and
Inspections for Compliance With Maximum Authorized Train
Speeds and Other Speed Restrictions’’;
(2) the actions railroad carriers have taken in response
to Safety Advisory 2015–03, entitled ‘‘Operational and Signal
Modifications for Compliance with Maximum Authorized Pas-
senger Train Speeds and Other Speed Restrictions’’; and
(3) the actions the Federal Railroad Administration has
taken to evaluate or incorporate the information and findings
arising from the safety advisories referred to in paragraphs
(1) and (2) into the development of regulatory action and over-
sight activities.
(f) S
AVINGS
C
LAUSE
.—Nothing in this section shall prohibit
the Secretary from applying the requirements of this section to
other segments of track at high risk of overspeed derailment.
SEC. 11407. ALERTERS.
(a) I
N
G
ENERAL
.—The Secretary shall promulgate a rule to
require a working alerter in the controlling locomotive of each
passenger train in intercity rail passenger transportation (as defined
in section 24102 of title 49, United States Code) or commuter
rail passenger transportation (as defined in section 24102 of title
49, United States Code).
(b) R
ULEMAKING
.—
(1) I
N GENERAL
.—The Secretary may promulgate a rule
to specify the essential functionalities of a working alerter,
including the manner in which the alerter can be reset.
(2) A
LTERNATE PRACTICE OR TECHNOLOGY
.—The Secretary
may require or allow a technology or practice in lieu of a
working alerter if the Secretary determines that the technology
or practice would achieve an equivalent or greater level of
safety in enhancing or ensuring appropriate locomotive control.
SEC. 11408. SIGNAL PROTECTION.
(a) I
N
G
ENERAL
.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall initiate a rulemaking
to require that on-track safety regulations, whenever practicable
and consistent with other safety requirements and operational
considerations, include requiring implementation of redundant
signal protection for maintenance-of-way work crews who depend
on a train dispatcher to provide signal protection.
(b) A
LTERNATIVE
S
AFETY
M
EASURES
.—The Secretary shall con-
sider exempting from any final requirements of this section each
segment of track for which operations are governed by a positive
train control system certified under section 20157 of title 49, United
States Code, or any other safety technology or practice that would
achieve an equivalent or greater level of safety in providing addi-
tional signal protection.
SEC. 11409. COMMUTER RAIL TRACK INSPECTIONS.
(a) I
N
G
ENERAL
.—The Secretary shall evaluate track inspection
regulations to determine if a railroad carrier providing commuter
49 USC 20142
note.
49 USC 20501
note.
49 USC 20103
note.
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129 STAT. 1685 PUBLIC LAW 114–94—DEC. 4, 2015
rail passenger transportation on high density commuter railroad
lines should be required to inspect the lines in the same manner
as is required for other commuter railroad lines.
(b) R
ULEMAKING
.—Considering safety, including railroad carrier
employee and contractor safety, system capacity, and other relevant
factors, the Secretary may promulgate a rule for high density com-
muter railroad lines. If, after the evaluation under subsection (a),
the Secretary determines that it is necessary to promulgate a rule,
the Secretary shall specifically consider the following regulatory
requirements for high density commuter railroad lines:
(1) At least once every 2 weeks—
(A) traverse each main line by vehicle; or
(B) inspect each main line on foot.
(2) At least once each month, traverse and inspect each
siding by vehicle or by foot.
(c) R
EPORT
.—If, after the evaluation under subsection (a), the
Secretary determines it is not necessary to revise the regulations
under this section, the Secretary, not later than 18 months after
the date of enactment of this Act, shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report explaining the reasons for not revising
the regulations.
(d) C
ONSTRUCTION
.—Nothing in this section may be construed
to limit the authority of the Secretary to promulgate regulations
or issue orders under any other law.
SEC. 11410. POST-ACCIDENT ASSESSMENT.
(a) I
N
G
ENERAL
.—The Secretary, in cooperation with the
National Transportation Safety Board and Amtrak, shall conduct
a post-accident assessment of the Amtrak Northeast Regional Train
#188 crash on May 12, 2015.
(b) E
LEMENTS
.—The assessment conducted pursuant to sub-
section (a) shall include—
(1) a review of Amtrak’s compliance with the plan for
addressing the needs of the families of passengers involved
in any rail passenger accident, which was submitted pursuant
to section 24316 of title 49, United States Code;
(2) a review of Amtrak’s compliance with the emergency
preparedness plan required under section 239.101(a) of title
49, Code of Federal Regulations;
(3) a determination of any additional action items that
should be included in the plans referred to in paragraphs
(1) and (2) to meet the needs of the passengers involved in
the crash and their families, including—
(A) notification of emergency contacts;
(B) dedicated and trained staff to manage family assist-
ance;
(C) the establishment of a family assistance center
at the accident locale or other appropriate location;
(D) a system for identifying and recovering items
belonging to passengers that were lost in the crash; and
(E) the establishment of a single customer service
entity within Amtrak to coordinate the response to the
needs of the passengers involved in the crash and their
families; and
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129 STAT. 1686 PUBLIC LAW 114–94—DEC. 4, 2015
(4) recommendations for any additional training needed
by Amtrak staff to better implement the plans referred to
in paragraphs (1) and (2), including the establishment of a
regular schedule for training drills and exercises.
(c) R
EPORT TO
C
ONGRESS
.—Not later than 1 year after the
date of enactment of this Act, Amtrak shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes—
(1) Amtrak’s plan to achieve the recommendations referred
to in subsection (b)(4); and
(2) any steps that have been taken to address any defi-
ciencies identified through the assessment.
SEC. 11411. RECORDING DEVICES.
(a) I
N
G
ENERAL
.—Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the following:
‘‘§ 20168. Installation of audio and image recording devices
‘‘(a) I
N
G
ENERAL
.—Not later than 2 years after the date of
enactment of the Passenger Rail Reform and Investment Act of
2015, the Secretary of Transportation shall promulgate regulations
to require each railroad carrier that provides regularly scheduled
intercity rail passenger or commuter rail passenger transportation
to the public to install inward- and outward-facing image recording
devices in all controlling locomotive cabs and cab car operating
compartments in such passenger trains.
‘‘(b) D
EVICE
S
TANDARDS
.—Each inward- and outward-facing
image recording device shall—
‘‘(1) have a minimum 12-hour continuous recording capa-
bility;
‘‘(2) have crash and fire protections for any in-cab image
recordings that are stored only within a controlling locomotive
cab or cab car operating compartment; and
‘‘(3) have recordings accessible for review during an
accident or incident investigation.
‘‘(c) R
EVIEW
.—The Secretary shall establish a process to review
and approve or disapprove an inward- or outward-facing image
recording device for compliance with the standards described in
subsection (b).
‘‘(d) U
SES
.—A railroad carrier subject to the requirements of
subsection (a) that has installed an inward- or outward-facing image
recording device approved under subsection (c) may use recordings
from that inward- or outward-facing image recording device for
the following purposes:
‘‘(1) Verifying that train crew actions are in accordance
with applicable safety laws and the railroad carrier’s operating
rules and procedures, including a system-wide program for
such verification.
‘‘(2) Assisting in an investigation into the causation of
a reportable accident or incident.
‘‘(3) Documenting a criminal act or monitoring unauthor-
ized occupancy of the controlling locomotive cab or car operating
compartment.
‘‘(4) Other purposes that the Secretary considers appro-
priate.
‘‘(e) D
ISCRETION
.—
49 USC 20168.
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129 STAT. 1687 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) I
N GENERAL
.—The Secretary may—
‘‘(A) require in-cab audio recording devices for the pur-
poses described in subsection (d); and
‘‘(B) define in appropriate technical detail the essential
features of the devices required under subparagraph (A).
‘‘(2) E
XEMPTIONS
.—The Secretary may exempt any railroad
carrier subject to the requirements of subsection (a) or any
part of the carrier’s operations from the requirements under
subsection (a) if the Secretary determines that the carrier has
implemented an alternative technology or practice that provides
an equivalent or greater safety benefit or that is better suited
to the risks of the operation.
‘‘(f) T
AMPERING
.—A railroad carrier subject to the requirements
of subsection (a) may take appropriate enforcement or administra-
tive action against any employee that tampers with or disables
an audio or inward- or outward-facing image recording device
installed by the railroad carrier.
‘‘(g) P
RESERVATION OF
D
ATA
.—Each railroad carrier subject to
the requirements of subsection (a) shall preserve recording device
data for 1 year after the date of a reportable accident or incident.
‘‘(h) I
NFORMATION
P
ROTECTIONS
.—The Secretary may not dis-
close publicly any part of an in-cab audio or image recording or
transcript of oral communications by or among train employees
or other operating employees responsible for the movement and
direction of the train, or between such operating employees and
company communication centers, related to an accident or incident
investigated by the Secretary. The Secretary may make public
any part of a transcript or any written depiction of visual informa-
tion that the Secretary determines is relevant to the accident at
the time a majority of the other factual reports on the accident
or incident are released to the public.
‘‘(i) P
ROHIBITED
U
SE
.—An in-cab audio or image recording
obtained by a railroad carrier under this section may not be used
to retaliate against an employee.
‘‘(j) S
AVINGS
C
LAUSE
.—Nothing in this section may be construed
as requiring a railroad carrier to cease or restrict operations upon
a technical failure of an inward- or outward-facing image recording
device or in-cab audio device. Such railroad carrier shall repair
or replace the failed inward- or outward-facing image recording
device as soon as practicable.’’.
(b) C
ONFORMING
A
MENDMENT
.—The table of contents for sub-
chapter II of chapter 201 of title 49, United States Code, is amended
by adding at the end the following:
‘‘20168. Installation of audio and image recording devices.’’.
SEC. 11412. RAILROAD POLICE OFFICERS.
(a) I
N
G
ENERAL
.—Section 28101 of title 49, United States Code,
is amended—
(1) by striking ‘‘employed by’’ each place it appears and
inserting ‘‘directly employed by or contracted by’’;
(2) in subsection (b), by inserting ‘‘or agent, as applicable,’’
after ‘‘an employee’’; and
(3) by adding at the end the following:
‘‘(c) T
RANSFERS
.—
‘‘(1) I
N GENERAL
.—If a railroad police officer directly
employed by or contracted by a rail carrier and certified or
commissioned as a police officer under the laws of a State
49 USC
prec. 20101.
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129 STAT. 1688 PUBLIC LAW 114–94—DEC. 4, 2015
transfers primary employment or residence from the certifying
or commissioning State to another State or jurisdiction, the
railroad police officer, not later than 1 year after the date
of transfer, shall apply to be certified or commissioned as a
police office under the laws of the State of new primary employ-
ment or residence.
‘‘(2) I
NTERIM PERIOD
.—During the period beginning on the
date of transfer and ending 1 year after the date of transfer,
a railroad police officer directly employed by or contracted
by a rail carrier and certified or commissioned as a police
officer under the laws of a State may enforce the laws of
the new jurisdiction in which the railroad police officer resides,
to the same extent as provided in subsection (a).
‘‘(d) T
RAINING
.—
‘‘(1) I
N GENERAL
.—A State may recognize as meeting that
State’s basic police officer certification or commissioning
requirements for qualification as a rail police officer under
this section any individual who successfully completes a pro-
gram at a State-recognized police training academy in another
State or at a Federal law enforcement training center and
who is certified or commissioned as a police officer by that
other State.
‘‘(2) R
ULE OF CONSTRUCTION
.—Nothing in this subsection
shall be construed as superseding or affecting any State
training requirements related to criminal law, criminal proce-
dure, motor vehicle code, any other State law, or State-man-
dated comparative or annual in-service training academy or
Federal law enforcement training center.’’.
(b) R
EGULATIONS
.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall revise the regulations
in part 207 of title 49, Code of Federal Regulations (relating to
railroad police officers), to permit a railroad to designate an indi-
vidual, who is commissioned in the individual’s State of legal resi-
dence or State of primary employment and directly employed by
or contracted by a railroad to enforce State laws for the protection
of railroad property, personnel, passengers, and cargo, to serve
in the States in which the railroad owns property.
(c) C
ONFORMING
A
MENDMENTS
.—
(1) A
MTRAK RAIL POLICE
.—Section 24305(e) of title 49,
United States Code, is amended—
(A) by striking ‘‘may employ’’ and inserting ‘‘may
directly employ or contract with’’;
(B) by striking ‘‘employed by’’ and inserting ‘‘directly
employed by or contracted by’’; and
(C) by striking ‘‘employed without’’ and inserting
‘‘directly employed or contracted without’’.
(2) E
XCEPTIONS
.—Section 922(z)(2)(B) of title 18, United
States Code, is amended by striking ‘‘employed by’’ and
inserting ‘‘directly employed by or contracted by’’.
SEC. 11413. REPAIR AND REPLACEMENT OF DAMAGED TRACK INSPEC-
TION EQUIPMENT.
(a) I
N
G
ENERAL
.—Subchapter I of chapter 201 of title 49, United
States Code, is amended by adding at the end the following:
49 USC 28101
note.
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129 STAT. 1689 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘§ 20121. Repair and replacement of damaged track inspec-
tion equipment
‘‘The Secretary of Transportation may receive and expend cash,
or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace
United States Government-owned automated track inspection cars
and equipment as a result of third-party liability for such damages,
and any amounts collected under this section shall be credited
directly to the Railroad Safety and Operations account of the Fed-
eral Railroad Administration and shall remain available until
expended for the repair, operation, and maintenance of automated
track inspection cars and equipment in connection with the auto-
mated track inspection program.’’.
(b) C
ONFORMING
A
MENDMENT
.—The table of contents for sub-
chapter I of chapter 201 of title 49, United States Code, is amended
by adding at the end the following:
‘‘20121. Repair and replacement of damaged track inspection equipment.’’.
SEC. 11414. REPORT ON VERTICAL TRACK DEFLECTION.
(a) R
EPORT
.—Not later than 9 months after the date of enact-
ment of this Act, the Secretary shall transmit to the Committee
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation
of the Senate a report detailing research conducted or procured
by the Federal Railroad Administration on developing a system
that measures vertical track deflection (in this section referred
to as ‘‘VTD’’) from a moving rail car, including the ability of such
system to identify poor track support from fouled ballast, deterio-
rated cross ties, or other conditions.
(b) C
ONTENTS
.—The report required under subsection (a) shall
include—
(1) the findings and results of testing of VTD instrumenta-
tion during field trials on revenue service track;
(2) the findings and results of subsequent testing of VTD
instrumentation on a Federal Railroad Administration auto-
mated track inspection program geometry car;
(3) if considered appropriate by the Secretary based on
the report and related research, a plan for developing quan-
titative inspection criteria for poor track support using existing
VTD instrumentation on Federal Railroad Administration auto-
mated track inspection program geometry cars; and
(4) if considered appropriate by the Secretary based on
the report and related research, a plan for installing VTD
instrumentation on all remaining Federal Railroad Administra-
tion automated track inspection program geometry cars not
later than 3 years after the date of enactment of this Act.
SEC. 11415. RAIL PASSENGER LIABILITY.
(a) A
MTRAK
I
NCIDENT
.—Notwithstanding any other provision
of law, the aggregate allowable awards to all rail passengers,
against all defendants, for all claims, including claims for punitive
damages, arising from a single accident or incident involving
Amtrak occurring on May 12, 2015, shall not exceed $295,000,000.
(b) A
DJUSTMENT
B
ASED ON
C
ONSUMER
P
RICE
I
NDEX
.—The
liability cap under section 28103(a)(2) of title 49, United States
Code, shall be adjusted on the date of enactment of this Act to
49 USC 28103
note.
49 USC
prec. 20101.
49 USC 20121.
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129 STAT. 1690 PUBLIC LAW 114–94—DEC. 4, 2015
reflect the change in the Consumer Price Index-All Urban Con-
sumers between such date and December 2, 1997, and the Secretary
shall provide appropriate public notice of such adjustment. The
adjustment of the liability cap shall be effective 30 days after
such notice. Every fifth year after the date of enactment of this
Act, the Secretary shall adjust such liability cap to reflect the
change in the Consumer Price Index-All Urban Consumers since
the last adjustment. The Secretary shall provide appropriate public
notice of each such adjustment, and the adjustment shall become
effective 30 days after such notice.
Subtitle E—Project Delivery
SEC. 11501. SHORT TITLE.
This subtitle may be cited as the ‘‘Track, Railroad, and Infra-
structure Network Act’’ or the ‘‘TRAIN Act’’.
SEC. 11502. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT
UNDER PRESERVATION REQUIREMENTS.
(a) T
ITLE
23 A
MENDMENT
.—Section 138 of title 23, United
States Code, is further amended by adding at the end the following:
‘‘(f) R
AIL AND
T
RANSIT
.—
‘‘(1) I
N GENERAL
.—Improvements to, or the maintenance,
rehabilitation, or operation of, railroad or rail transit lines
or elements thereof that are in use or were historically used
for the transportation of goods or passengers shall not be consid-
ered a use of a historic site under subsection (a), regardless
of whether the railroad or rail transit line or element thereof
is listed on, or eligible for listing on, the National Register
of Historic Places.
‘‘(2) E
XCEPTIONS
.—
‘‘(A) I
N GENERAL
.—Paragraph (1) shall not apply to—
‘‘(i) stations; or
‘‘(ii) bridges or tunnels located on—
‘‘(I) railroad lines that have been abandoned;
or
‘‘(II) transit lines that are not in use.
‘‘(B) C
LARIFICATION WITH RESPECT TO CERTAIN BRIDGES
AND TUNNELS
.—The bridges and tunnels referred to in
subparagraph (A)(ii) do not include bridges or tunnels
located on railroad or transit lines—
‘‘(i) over which service has been discontinued; or
‘‘(ii) that have been railbanked or otherwise
reserved for the transportation of goods or pas-
sengers.’’.
(b) T
ITLE
49 A
MENDMENT
.—Section 303 of title 49, United
States Code, is further amended—
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ‘‘subsection (d)’’ and inserting ‘‘subsections (d)
and (h)’’; and
(2) by adding at the end the following:
‘‘(h) R
AIL AND
T
RANSIT
.—
‘‘(1) I
N GENERAL
.—Improvements to, or the maintenance,
rehabilitation, or operation of, railroad or rail transit lines
or elements thereof that are in use or were historically used
49 USC 20101
note.
Track, Railroad,
and
Infrastructure
Network Act.
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129 STAT. 1691 PUBLIC LAW 114–94—DEC. 4, 2015
for the transportation of goods or passengers shall not be consid-
ered a use of a historic site under subsection (c), regardless
of whether the railroad or rail transit line or element thereof
is listed on, or eligible for listing on, the National Register
of Historic Places.
‘‘(2) E
XCEPTIONS
.—
‘‘(A) I
N GENERAL
.—Paragraph (1) shall not apply to—
‘‘(i) stations; or
‘‘(ii) bridges or tunnels located on—
‘‘(I) railroad lines that have been abandoned;
or
‘‘(II) transit lines that are not in use.
‘‘(B) C
LARIFICATION WITH RESPECT TO CERTAIN BRIDGES
AND TUNNELS
.—The bridges and tunnels referred to in
subparagraph (A)(ii) do not include bridges or tunnels
located on railroad or transit lines—
‘‘(i) over which service has been discontinued; or
‘‘(ii) that have been railbanked or otherwise
reserved for the transportation of goods or pas-
sengers.’’.
SEC. 11503. EFFICIENT ENVIRONMENTAL REVIEWS.
(a) A
MENDMENT
.—Title 49, United States Code, is amended
by inserting after chapter 241 the following new chapter:
‘‘CHAPTER 242—PROJECT DELIVERY
‘‘Sec.
‘‘24201. Efficient environmental reviews.
‘‘§ 24201. Efficient environmental reviews
‘‘(a) E
FFICIENT
E
NVIRONMENTAL
R
EVIEWS
.—
‘‘(1) I
N GENERAL
.—The Secretary of Transportation shall
apply the project development procedures, to the greatest extent
feasible, described in section 139 of title 23 to any railroad
project that requires the approval of the Secretary under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
‘‘(2) R
EGULATIONS AND PROCEDURES
.—In carrying out para-
graph (1), the Secretary shall incorporate into agency regula-
tions and procedures pertaining to railroad projects described
in paragraph (1) aspects of such project development proce-
dures, or portions thereof, determined appropriate by the Sec-
retary in a manner consistent with this section, that increase
the efficiency of the review of railroad projects.
‘‘(3) D
ISCRETION
.—The Secretary may choose not to incor-
porate into agency regulations and procedures pertaining to
railroad projects described in paragraph (1) such project
development procedures that could only feasibly apply to high-
way projects, public transportation capital projects, and
multimodal projects.
‘‘(4) A
PPLICABILITY
.—Subsection (l) of section 139 of title
23 shall apply to railroad projects described in paragraph (1),
except that the limitation on claims of 150 days shall be 2
years.
‘‘(b) A
DDITIONAL
C
ATEGORICAL
E
XCLUSIONS
.—Not later than 6
months after the date of enactment of the Passenger Rail Reform
and Investment Act of 2015, the Secretary shall—
49 USC 24201.
49 USC
prec. 24201.
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129 STAT. 1692 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) survey the use by the Federal Railroad Administration
of categorical exclusions in transportation projects since 2005;
and
‘‘(2) publish in the Federal Register for notice and public
comment a review of the survey that includes a description
of—
‘‘(A) the types of actions categorically excluded; and
‘‘(B) any actions the Secretary is considering for new
categorical exclusions, including those that would conform
to those of other modal administrations.
‘‘(c) N
EW
C
ATEGORICAL
E
XCLUSIONS
.—Not later than 1 year
after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015, the Secretary shall publish a notice of
proposed rulemaking to propose new and existing categorical exclu-
sions for railroad projects that require the approval of the Secretary
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), including those identified under subsection (b), and
develop a process for considering new categorical exclusions to
the extent that the categorical exclusions meet the criteria for
a categorical exclusion under section 1508.4 of title 40, Code of
Federal Regulations.
‘‘(d) T
RANSPARENCY
.—The Secretary shall maintain and make
publicly available, including on the Internet, a database that identi-
fies project-specific information on the use of a categorical exclusion
on any railroad project carried out under this title.
‘‘(e) P
ROTECTIONS FOR
E
XISTING
A
GREEMENTS AND
NEPA.—
Nothing in subtitle E of the Passenger Rail Reform and Investment
Act of 2015, or any amendment made by such subtitle, shall affect
any existing environmental review process, program, agreement,
or funding arrangement approved by the Secretary under title 49,
as that title was in effect on the day preceding the date of enactment
of such subtitle.’’.
(b) S
AVINGS
C
LAUSE
.—Except as expressly provided in section
41003(f) and subsection (o) of section 139 of title 23, United States
Code, the requirements and other provisions of title 41 of this
Act shall not apply to—
(1) programs administered now and in the future by the
Department of Transportation or its operating administrations
under title 23, 46, or 49, United States Code, including direct
loan and loan guarantee programs, or other Federal statutes
or programs or projects administered by an agency pursuant
to their authority under title 49, United States Code; or
(2) any project subject to section 2045 of the Water
Resources Development Act of 2007 (33 U.S.C. 2348).
(c) T
ABLE OF
C
HAPTERS
A
MENDMENT
.—The table of chapters
of subtitle V of title 49, United States Code, is amended by inserting
after the item relating to chapter 241 the following:
‘‘242. Project delivery ............................................................................................24201’’.
SEC. 11504. RAILROAD RIGHTS-OF-WAY.
(a) A
MENDMENT
.—Chapter 242 of title 49, United States Code,
(as added by this Act) is amended by adding at the end the following:
‘‘§ 24202. Railroad rights-of-way
‘‘(a) I
N
G
ENERAL
.—Not later than 1 year after the date of
enactment of the Passenger Rail Reform and Investment Act of
2015, the Secretary shall submit a proposed exemption of railroad
49 USC 24202.
49 USC
prec. 20101.
42 USC 4370m
note.
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129 STAT. 1693 PUBLIC LAW 114–94—DEC. 4, 2015
rights-of-way from the review under section 306108 of title 54
to the Advisory Council on Historic Preservation for consideration,
consistent with the exemption for interstate highways approved
on March 10, 2005 (70 Fed. Reg. 11,928).
‘‘(b) F
INAL
E
XEMPTION
.—Not later than 180 days after the
date on which the Secretary submits the proposed exemption under
subsection (a) to the Council, the Council shall issue a final exemp-
tion of railroad rights-of-way from review under chapter 3061 of
title 54 consistent with the exemption for interstate highways
approved on March 10, 2005 (70 Fed. Reg. 11,928).’’.
(b) C
ONFORMING
A
MENDMENT
.—The table of contents for
chapter 242 of title 49, United States Code, (as added by this
Act) is amended by adding at the end the following:
‘‘24202. Railroad rights-of-way.’’.
Subtitle F—Financing
SEC. 11601. SHORT TITLE; REFERENCES.
(a) S
HORT
T
ITLE
.—This subtitle may be cited as the ‘‘Railroad
Infrastructure Financing Improvement Act’’.
(b) R
EFERENCES TO THE
R
AILROAD
R
EVITALIZATION AND
R
EGU
-
LATORY
R
EFORM
A
CT OF
1976.—Except as otherwise expressly pro-
vided, wherever in this subtitle an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made
to a section or other provision of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.).
SEC. 11602. DEFINITIONS.
Section 501 (45 U.S.C. 821) is amended—
(1) by redesignating paragraph (8) as paragraph (10);
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (5) the following:
‘‘(6) The term ‘investment-grade rating’ means a rating
of BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned
by a rating agency.’’;
(4) by inserting after paragraph (8), as redesignated, the
following:
‘‘(9) The term ‘master credit agreement’ means an agree-
ment to make 1 or more direct loans or loan guarantees at
future dates for a program of related projects on terms accept-
able to the Secretary.’’; and
(5) by adding at the end the following:
‘‘(11) The term ‘project obligation’ means a note, bond,
debenture, or other debt obligation issued by a borrower in
connection with the financing of a project, other than a direct
loan or loan guarantee under this title.
‘‘(12) The term ‘railroad’ has the meaning given the term
‘railroad carrier’ in section 20102 of title 49, United States
Code.
‘‘(13) The term ‘rating agency’ means a credit rating agency
registered with the Securities and Exchange Commission as
a nationally recognized statistical rating organization (as
defined in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a))).
45 USC 801 note.
Railroad
Infrastructure
Financing
Improvement
Act.
49 USC
prec. 24201.
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129 STAT. 1694 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(14) The term ‘substantial completion’ means—
‘‘(A) the opening of a project to passenger or freight
traffic; or
‘‘(B) a comparable event, as determined by the Sec-
retary and specified in the terms of the direct loan or
loan guarantee provided by the Secretary.’’.
SEC. 11603. ELIGIBLE APPLICANTS.
Section 502(a) (45 U.S.C. 822(a)) is amended—
(1) in paragraph (5), by striking ‘‘one railroad’’ and inserting
‘‘1 of the entities described in paragraph (1), (2), (3), (4), or
(6)’’; and
(2) by amending paragraph (6) to read as follows:
‘‘(6) solely for the purpose of constructing a rail connection
between a plant or facility and a railroad, limited option freight
shippers that own or operate a plant or other facility.’’.
SEC. 11604. ELIGIBLE PURPOSES.
(a) I
N
G
ENERAL
.—Section 502(b)(1) (45 U.S.C. 822(b)(1)) is
amended—
(1) in subparagraph (A), by inserting ‘‘, and costs related
to these activities, including pre-construction costs’’ after
‘‘shops’’;
(2) in subparagraph (B), by striking ‘‘subparagraph (A);
or’’ and inserting ‘‘subparagraph (A) or (C);’’;
(3) in subparagraph (C), by striking the period at the
end and inserting a semicolon; and
(4) by adding at the end the following:
‘‘(D) reimburse planning and design expenses relating
to activities described in subparagraph (A) or (C); or
‘‘(E) finance economic development, including commer-
cial and residential development, and related infrastructure
and activities, that—
‘‘(i) incorporates private investment;
‘‘(ii) is physically or functionally related to a pas-
senger rail station or multimodal station that includes
rail service;
‘‘(iii) has a high probability of the applicant com-
mencing the contracting process for construction not
later than 90 days after the date on which the direct
loan or loan guarantee is obligated for the project
under this title; and
‘‘(iv) has a high probability of reducing the need
for financial assistance under any other Federal pro-
gram for the relevant passenger rail station or service
by increasing ridership, tenant lease payments, or
other activities that generate revenue exceeding costs.’’.
(b) R
EQUIRED
N
ON
-F
EDERAL
M
ATCH FOR
T
RANSIT
-
ORIENTED
D
EVELOPMENT
P
ROJECTS
.—Section 502(h) (45 U.S.C. 822(h)) is
amended by adding at the end the following:
‘‘(4) The Secretary shall require each recipient of a direct loan
or loan guarantee under this section for a project described in
subsection (b)(1)(E) to provide a non-Federal match of not less
than 25 percent of the total amount expended by the recipient
for such project.’’.
(c) S
UNSET
.—Section 502(b) (45 U.S.C. 822(b)) is amended by
adding at the end the following:
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129 STAT. 1695 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(3) S
UNSET
.—The Secretary may provide a direct loan
or loan guarantee under this section for a project described
in paragraph (1)(E) only during the 4-year period beginning
on the date of enactment of the Passenger Rail Reform and
Investment Act of 2015.’’.
SEC. 11605. PROGRAM ADMINISTRATION.
(a) A
PPLICATION
P
ROCESSING
P
ROCEDURES
.—Section 502(i) (45
U.S.C. 822(i)) is amended to read as follows:
‘‘(i) A
PPLICATION
P
ROCESSING
P
ROCEDURES
.—
‘‘(1) A
PPLICATION STATUS NOTICES
.—Not later than 30 days
after the date that the Secretary receives an application under
this section, or additional information and material under para-
graph (2)(B), the Secretary shall provide the applicant written
notice as to whether the application is complete or incomplete.
‘‘(2) I
NCOMPLETE APPLICATIONS
.—If the Secretary deter-
mines that an application is incomplete, the Secretary shall—
‘‘(A) provide the applicant with a description of all
of the specific information or material that is needed to
complete the application, including any information
required by an independent financial analyst; and
‘‘(B) allow the applicant to resubmit the application
with the information and material described under
subparagraph (A) to complete the application.
‘‘(3) A
PPLICATION APPROVALS AND DISAPPROVALS
.—
‘‘(A) I
N GENERAL
.—Not later than 60 days after the
date the Secretary notifies an applicant that an application
is complete under paragraph (1), the Secretary shall pro-
vide the applicant written notice as to whether the Sec-
retary has approved or disapproved the application.
‘‘(B) A
CTIONS BY THE OFFICE OF MANAGEMENT AND
BUDGET
.—In order to enable compliance with the time limit
under subparagraph (A), the Office of Management and
Budget shall take any action required with respect to the
application within that 60-day period.
‘‘(4) E
XPEDITED PROCESSING
.—The Secretary shall imple-
ment procedures and measures to economize the time and
cost involved in obtaining an approval or a disapproval of
an application for a direct loan or loan guarantee under this
title.
‘‘(5) D
ASHBOARD
.—The Secretary shall post on the Depart-
ment of Transportation’s Internet Web site a monthly report
that includes, for each application—
‘‘(A) the applicant type;
‘‘(B) the location of the project;
‘‘(C) a brief description of the project, including its
purpose;
‘‘(D) the requested direct loan or loan guarantee
amount;
‘‘(E) the date on which the Secretary provided applica-
tion status notice under paragraph (1); and
‘‘(F) the date that the Secretary provided notice of
approval or disapproval under paragraph (3).’’.
(b) A
DMINISTRATION OF
D
IRECT
L
OANS AND
L
OAN
G
UARAN
-
TEES
.—Section 503 (45 U.S.C. 823) is amended—
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129 STAT. 1696 PUBLIC LAW 114–94—DEC. 4, 2015
(1) in subsection (a) by striking the period at the end
and inserting ‘‘, including a program guide, a standard term
sheet, and specific timetables.’’;
(2) by redesignating subsections (c) through (l) as sub-
sections (d) through (m), respectively;
(3) by striking ‘‘(b) A
SSIGNMENT OF
L
OAN
G
UARANTEES
.—
’’ and inserting ‘‘(c) A
SSIGNMENT OF
L
OAN
G
UARANTEES
.—’’;
(4) in subsection (d), as so redesignated—
(A) in paragraph (1) by striking ‘‘; and’’ and inserting
a semicolon;
(B) in paragraph (2) by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) the modification cost has been covered under section
502(f).’’; and
(5) by striking subsection (l), as so redesignated, and
inserting the following:
‘‘(l) C
HARGES AND
L
OAN
S
ERVICING
.—
‘‘(1) P
URPOSES
.—The Secretary may collect from each
applicant, obligor, or loan party a reasonable charge for—
‘‘(A) the cost of evaluating the application, amend-
ments, modifications, and waivers, including for evaluating
project viability, applicant creditworthiness, and the
appraisal of the value of the equipment or facilities for
which the direct loan or loan guarantee is sought, and
for making necessary determinations and findings;
‘‘(B) the cost of award management and project
management oversight;
‘‘(C) the cost of services from expert firms, including
counsel, and independent financial advisors to assist in
the underwriting, auditing, servicing, and exercise of rights
with respect to direct loans and loan guarantees; and
‘‘(D) the cost of all other expenses incurred as a result
of a breach of any term or condition or any event of default
on a direct loan or loan guarantee.
‘‘(2) S
TANDARDS
.—The Secretary may charge different
amounts under this subsection based on the different costs
incurred under paragraph (1).
‘‘(3) S
ERVICER
.—
‘‘(A) I
N GENERAL
.—The Secretary may appoint a finan-
cial entity to assist the Secretary in servicing a direct
loan or loan guarantee under this title.
‘‘(B) D
UTIES
.—A servicer appointed under subpara-
graph (A) shall act as the agent of the Secretary in serving
a direct loan or loan guarantee under this title.
‘‘(C) F
EES
.—A servicer appointed under subparagraph
(A) shall receive a servicing fee from the obligor or other
loan party, subject to approval by the Secretary.
‘‘(4) S
AFETY AND OPERATIONS ACCOUNT
.—Amounts collected
under this subsection shall—
‘‘(A) be credited directly to the Safety and Operations
account of the Federal Railroad Administration; and
‘‘(B) remain available until expended to pay for the
costs described in this subsection.’’.
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129 STAT. 1697 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 11606. LOAN TERMS AND REPAYMENT.
(a) P
REREQUISITES FOR
A
SSISTANCE
.—Section 502(g)(1) (45
U.S.C. 822(g)(1)) is amended by striking ‘‘35 years from the date
of its execution’’ and inserting the following: ‘‘the lesser of—
‘‘(A) 35 years after the date of substantial completion
of the project; or
‘‘(B) the estimated useful life of the rail equipment
or facilities to be acquired, rehabilitated, improved, devel-
oped, or established’’.
(b) R
EPAYMENT
S
CHEDULES
.—Section 502(j) (45 U.S.C. 822(j))
is amended—
(1) in paragraph (1) by striking ‘‘the sixth anniversary
date of the original loan disbursement’’ and inserting ‘‘5 years
after the date of substantial completion’’; and
(2) by adding at the end the following:
‘‘(3) D
EFERRED PAYMENTS
.—
‘‘(A) I
N GENERAL
.—If at any time after the date of
substantial completion the obligor is unable to pay the
scheduled loan repayments of principal and interest on
a direct loan provided under this section, the Secretary,
subject to subparagraph (B), may allow, for a maximum
aggregate time of 1 year over the duration of the direct
loan, the obligor to add unpaid principal and interest to
the outstanding balance of the direct loan.
‘‘(B) I
NTEREST
.—A payment deferred under subpara-
graph (A) shall—
‘‘(i) continue to accrue interest under paragraph
(2) until the loan is fully repaid; and
‘‘(ii) be scheduled to be amortized over the
remaining term of the loan.
‘‘(4) P
REPAYMENTS
.—
‘‘(A) U
SE OF EXCESS REVENUES
.—With respect to a
direct loan provided by the Secretary under this section,
any excess revenues that remain after satisfying scheduled
debt service requirements on the project obligations and
direct loan and all deposit requirements under the terms
of any trust agreement, bond resolution, or similar agree-
ment securing project obligations may be applied annually
to prepay the direct loan without penalty.
‘‘(B) U
SE OF PROCEEDS OF REFINANCING
.—The direct
loan may be prepaid at any time without penalty from
the proceeds of refinancing from non-Federal funding
sources.’’.
(c) S
ALE OF
D
IRECT
L
OANS
.—Section 502 (45 U.S.C. 822) is
amended by adding at the end the following:
‘‘(k) S
ALE OF
D
IRECT
L
OANS
.—
‘‘(1) I
N GENERAL
.—Subject to paragraph (2) and as soon
as practicable after substantial completion of a project, the
Secretary, after notifying the obligor, may sell to another entity
or reoffer into the capital markets a direct loan for the project
if the Secretary determines that the sale or reoffering has
a high probability of being made on favorable terms.
‘‘(2) C
ONSENT OF OBLIGOR
.—In making a sale or reoffering
under paragraph (1), the Secretary may not change the original
terms and conditions of the secured loan without the prior
written consent of the obligor.’’.
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129 STAT. 1698 PUBLIC LAW 114–94—DEC. 4, 2015
(d) N
ONSUBORDINATION
.—Section 502 (45 U.S.C. 822) is further
amended by adding at the end the following:
‘‘(l) N
ONSUBORDINATION
.—
‘‘(1) I
N GENERAL
.—Except as provided in paragraph (2),
a direct loan provided by the Secretary under this section
shall not be subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or liquidation
of the obligor.
‘‘(2) P
REEXISTING INDENTURES
.—
‘‘(A) I
N GENERAL
.—The Secretary may waive the
requirement under paragraph (1) for a public agency bor-
rower that is financing ongoing capital programs and has
outstanding senior bonds under a preexisting indenture
if—
‘‘(i) the direct loan is rated in the A category or
higher;
‘‘(ii) the direct loan is secured and payable from
pledged revenues not affected by project performance,
such as a tax-based revenue pledge or a system-backed
pledge of project revenues; and
‘‘(iii) the program share, under this title, of eligible
project costs is 50 percent or less.
‘‘(B) L
IMITATION
.—The Secretary may impose limita-
tions for the waiver of the nonsubordination requirement
under this paragraph if the Secretary determines that such
limitations would be in the financial interest of the Federal
Government.’’.
SEC. 11607. CREDIT RISK PREMIUMS.
(a) I
NFRASTRUCTURE
P
ARTNERS
.—Section 502(f) (45 U.S.C.
822(f)) is amended—
(1) in paragraph (1) by striking the first sentence and
inserting the following: ‘‘In lieu of or in combination with appro-
priations of budget authority to cover the costs of direct loans
and loan guarantees as required under section 504(b)(1) of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)),
including the cost of a modification thereof, the Secretary may
accept on behalf of an applicant for assistance under this section
a commitment from a non-Federal source, including a State
or local government or agency or public benefit corporation
or public authority thereof, to fund in whole or in part credit
risk premiums and modification costs with respect to the loan
that is the subject of the application or modification.’’;
(2) in paragraph (2)—
(A) in subparagraph (D), by adding ‘‘and’’ after the
semicolon;
(B) by striking subparagraph (E); and
(C) by redesignating subparagraph (F) as subparagraph
(E);
(3) by striking paragraph (4);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
‘‘(3) C
REDITWORTHINESS
.—An applicant may propose and
the Secretary shall accept as a basis for determining the amount
of the credit risk premium under paragraph (2) any of the
following in addition to the value of any tangible asset:
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129 STAT. 1699 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(A) The net present value of a future stream of State
or local subsidy income or other dedicated revenues to
secure the direct loan or loan guarantee.
‘‘(B) Adequate coverage requirements to ensure repay-
ment, on a non-recourse basis, from cash flows generated
by the project or any other dedicated revenue source,
including—
‘‘(i) tolls;
‘‘(ii) user fees; or
‘‘(iii) payments owing to the obligor under a public-
private partnership.
‘‘(C) An investment-grade rating on the direct loan
or loan guarantee, as applicable, except that if the total
amount of the direct loan or loan guarantee is greater
than $75,000,000, the applicant shall have an investment-
grade rating from at least 2 rating agencies on the direct
loan or loan guarantee.’’; and
(6) in paragraph (4), as redesignated, by striking ‘‘amounts’’
and inserting ‘‘amounts (and in the case of a modification,
before the modification is executed), to the extent appropria-
tions are not available to the Secretary to meet the costs
of direct loans and loan guarantees, including costs of modifica-
tions thereof’’.
(b) S
AVINGS
C
LAUSE
.—All provisions under sections 502 through
504 of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 801 et seq.) as they existed on the day before
enactment of this Act shall apply to direct loans provided by the
Secretary prior to the date of enactment of this Act, and nothing
in this title may be construed to limit the payback of a credit
risk premium, with interest accrued thereon, if a direct loan pro-
vided by the Secretary under such sections has been paid back
in full, prior to the date of enactment of this Act.
SEC. 11608. MASTER CREDIT AGREEMENTS.
Section 502 (45 U.S.C. 822) is further amended by adding
at the end the following:
‘‘(m) M
ASTER
C
REDIT
A
GREEMENTS
.—
‘‘(1) I
N GENERAL
.—Subject to subsection (d) and paragraph
(2) of this subsection, the Secretary may enter into a master
credit agreement that is contingent on all of the conditions
for the provision of a direct loan or loan guarantee, as
applicable, under this title and other applicable requirements
being satisfied prior to the issuance of the direct loan or loan
guarantee.
‘‘(2) C
ONDITIONS
.—Each master credit agreement shall—
‘‘(A) establish the maximum amount and general terms
and conditions of each applicable direct loan or loan guar-
antee;
‘‘(B) identify 1 or more dedicated non-Federal revenue
sources that will secure the repayment of each applicable
direct loan or loan guarantee;
‘‘(C) provide for the obligation of funds for the direct
loans or loan guarantees contingent on and after all
requirements have been met for the projects subject to
the master credit agreement; and
‘‘(D) provide 1 or more dates, as determined by the
Secretary, before which the master credit agreement results
45 USC 821 note.
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129 STAT. 1700 PUBLIC LAW 114–94—DEC. 4, 2015
in each of the direct loans or loan guarantees or in the
release of the master credit agreement.’’.
SEC. 11609. PRIORITIES AND CONDITIONS.
(a) P
RIORITY
P
ROJECTS
.—Section 502(c) (45 U.S.C. 822(c)) is
amended—
(1) in paragraph (1), by inserting ‘‘, including projects for
the installation of a positive train control system (as defined
in section 20157(i) of title 49, United States Code)’’ after ‘‘public
safety’’;
(2) by moving paragraph (3) to appear before paragraph
(2), and redesignating those paragraphs accordingly;
(3) in paragraph (5), by inserting ‘‘or chapter 227 of title
49’’ after ‘‘section 135 of title 23’’;
(4) by redesignating paragraphs (6) through (8) as para-
graphs (7) through (9), respectively; and
(5) by inserting after paragraph (5) the following:
‘‘(6) improve railroad stations and passenger facilities and
increase transit-oriented development;’’.
(b) C
ONDITIONS OF
A
SSISTANCE
.—Section 502(h)(2) (45 U.S.C.
822(h)(2)) is amended by inserting ‘‘, if applicable’’ after ‘‘project’’.
SEC. 11610. SAVINGS PROVISIONS.
(a) I
N
G
ENERAL
.—Except as provided in subsection (b) and
section 11607(b), this subtitle, and the amendments made by this
subtitle, shall not affect any direct loan (or direct loan obligation)
or an outstanding loan guarantee (or loan guarantee commitment)
that was in effect prior to the date of enactment of this Act.
Any such transaction entered into before the date of enactment
of this Act shall be administered until completion under its terms
as if this Act were not enacted.
(b) M
ODIFICATION
C
OSTS
.—At the discretion of the Secretary,
the authority to accept modification costs on behalf of an applicant
under section 502(f) of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 822(f)), as amended by section
11607 of this Act, may apply with respect to any direct loan (or
direct loan obligation) or an outstanding loan guarantee (or loan
guarantee commitment) that was in effect prior to the date of
enactment of this Act.
SEC. 11611. REPORT ON LEVERAGING RRIF.
(a) I
N
G
ENERAL
.—Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall transmit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report that
analyzes how the Railroad Rehabilitation and Improvement
Financing Program can be used to improve passenger rail infra-
structure.
(b) R
EPORT
C
ONTENTS
.—The report required under subsection
(a) shall include—
(1) illustrative examples of projects that could be financed
under such Program;
(2) potential repayment sources for such projects, including
tax-increment financing, user fees, tolls, and other dedicated
revenue sources; and
(3) estimated costs and benefits of using the Program rel-
ative to other options, including a comparison of the length
45 USC 821 note.
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129 STAT. 1701 PUBLIC LAW 114–94—DEC. 4, 2015
of time such projects would likely be completed without Federal
credit assistance.
DIVISION B—COMPREHENSIVE TRANS-
PORTATION AND CONSUMER PROTEC-
TION ACT OF 2015
TITLE XXIV—MOTOR VEHICLE SAFETY
Subtitle A—Vehicle Safety
SEC. 24101. AUTHORIZATION OF APPROPRIATIONS.
(a) I
N
G
ENERAL
.—Subject to subsection (b), there is authorized
to be appropriated to the Secretary to carry out chapter 301 of
title 49, and part C of subtitle VI of title 49, United States Code,
amounts as follows:
(1) $132,730,000 for fiscal year 2016.
(2) $135,517,330 for fiscal year 2017.
(3) $138,363,194 for fiscal year 2018.
(4) $141,268,821 for fiscal year 2019.
(5) $144,235,466 for fiscal year 2020.
(b) A
DDITIONAL
A
UTHORIZATION OF
A
PPROPRIATIONS IF A
C
ER
-
TIFICATION
I
S
M
ADE
.—
(1) I
N GENERAL
.—In addition to the amounts authorized
to be appropriated under subsection (a) to carry out chapter
301 of title 49, and part C of subtitle VI of title 49, United
States Code, if the certification described in paragraph (2)
is made during a fiscal year there is authorized to be appro-
priated to the Secretary for that purpose for that fiscal year
and subsequent fiscal years an additional amount as follows:
(A) $46,270,000 for fiscal year 2016.
(B) $51,537,670 for fiscal year 2017.
(C) $57,296,336 for fiscal year 2018.
(D) $62,999,728 for fiscal year 2019.
(E) $69,837,974 for fiscal year 2020.
(2) C
ERTIFICATION DESCRIBED
.—The certification described
in this paragraph is a certification made by the Secretary
and submitted to Congress that the National Highway Traffic
Safety Administration has implemented all of the recommenda-
tions in the Office of Inspector General Audit Report issued
June 18, 2015 (ST–2015–063). As part of the certification, the
Secretary shall review the actions the National Highway Traffic
Safety Administration has taken to implement the rec-
ommendations and issue a report to Congress detailing how
the recommendations were implemented. The Secretary shall
not delegate or assign the responsibility under this paragraph.
SEC. 24102. INSPECTOR GENERAL RECOMMENDATIONS.
(a) I
N
G
ENERAL
.—Not later than 90 days after the date of
enactment of this Act, and periodically thereafter until the comple-
tion date, the Department of Transportation Inspector General shall
report to the appropriate committees of Congress on whether and
what progress has been made to implement the recommendations
in the Office of Inspector General Audit Report issued June 18,
2015 (ST–2015–063).
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129 STAT. 1702 PUBLIC LAW 114–94—DEC. 4, 2015
(b) I
MPLEMENTATION
P
ROGRESS
.—The Administrator of the
National Highway Traffic Safety Administration shall—
(1) not later than 90 days after the date of enactment
of this Act, and periodically thereafter until the completion
date, provide a briefing to the appropriate committees of Con-
gress on the actions the Administrator has taken to implement
the recommendations in the audit report described in subsection
(a), including a plan for implementing any remaining rec-
ommendations; and
(2) not later than 1 year after the date of enactment of
this Act, issue a final report to the appropriate committees
of Congress on the implementation of all of the recommenda-
tions in the audit report described in subsection (a).
(c) D
EFINITIONS
.—In this section:
(1) A
PPROPRIATE COMMITTEES OF CONGRESS
.—The term
‘‘appropriate committees of Congress’’ means the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Rep-
resentatives.
(2) C
OMPLETION DATE
.—The term ‘‘completion date’’ means
the date that the National Highway Traffic Safety Administra-
tion has implemented all of the recommendations in the Office
of Inspector General Audit Report issued June 18, 2015 (ST–
2015–063).
SEC. 24103. IMPROVEMENTS IN AVAILABILITY OF RECALL INFORMA-
TION.
(a) V
EHICLE
R
ECALL
I
NFORMATION
.—Not later than 2 years
after the date of enactment of this Act, the Secretary shall imple-
ment current information technology, web design trends, and best
practices that will help ensure that motor vehicle safety recall
information available to the public on the Federal website is readily
accessible and easy to use, including—
(1) by improving the organization, availability, readability,
and functionality of the website;
(2) by accommodating high-traffic volume; and
(3) by establishing best practices for scheduling routine
website maintenance.
(b) G
OVERNMENT
A
CCOUNTABILITY
O
FFICE
P
UBLIC
A
WARENESS
R
EPORT
.—
(1) I
N GENERAL
.—The Comptroller General shall study the
current use by consumers, dealers, and manufacturers of the
safety recall information made available to the public, including
the usability and content of the Federal and manufacturers’
websites and the National Highway Traffic Safety Administra-
tion’s efforts to publicize and educate consumers about safety
recall information.
(2) R
EPORT
.—Not later than 2 years after the date of enact-
ment of this Act, the Comptroller General shall issue a report
with the findings of the study under paragraph (1), including
recommending any actions the Secretary can take to improve
public awareness and use of the websites for safety recall
information.
(c) P
ROMOTION OF
P
UBLIC
A
WARENESS
.—Section 31301(c) of
the Moving Ahead for Progress in the 21st Century Act (49 U.S.C.
30166 note) is amended to read as follows:
49 USC 30119
note.
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129 STAT. 1703 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(c) P
ROMOTION OF
P
UBLIC
A
WARENESS
.—The Secretary shall
improve public awareness of safety recall information made publicly
available by periodically updating the method of conveying that
information to consumers, dealers, and manufacturers, such as
through public service announcements.’’.
(d) C
ONSUMER
G
UIDANCE
.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall make available
to the public on the Internet detailed guidance for consumers
submitting safety complaints, including—
(1) a detailed explanation of what information a consumer
should include in a complaint; and
(2) a detailed explanation of the possible actions the
National Highway Traffic Safety Administration can take to
address a complaint and respond to the consumer, including
information on—
(A) the consumer records, such as photographs and
police reports, that could assist with an investigation; and
(B) the length of time a consumer should retain the
records described in subparagraph (A).
(e) V
IN
S
EARCH
.—
(1) I
N GENERAL
.—The Secretary, in coordination with
industry, including manufacturers and dealers, shall study—
(A) the feasibility of searching multiple vehicle identi-
fication numbers at a time to retrieve motor vehicle safety
recall information; and
(B) the feasibility of making the search mechanism
described under subparagraph (A) publicly available.
(2) C
ONSIDERATIONS
.—In conducting the study under para-
graph (1), the Secretary shall consider the potential costs, and
potential risks to privacy and security in implementing such
a search mechanism.
SEC. 24104. RECALL PROCESS.
(a) N
OTIFICATION
I
MPROVEMENT
.—
(1) I
N GENERAL
.—Not later than 270 days after the date
of enactment of this Act, the Secretary shall prescribe a final
rule revising the regulations under section 577.7 of title 49,
Code of Federal Regulations, to include notification by electronic
means in addition to notification by first class mail.
(2) D
EFINITION OF ELECTRONIC MEANS
.—In this subsection,
the term ‘‘electronic means’’ includes electronic mail and may
include such other means of electronic notification, such as
social media or targeted online campaigns, as determined by
the Secretary.
(b) N
OTIFICATION BY
M
ANUFACTURER
.—Section 30118(c) of title
49, United States Code, is amended by inserting ‘‘or electronic
mail’’ after ‘‘certified mail’’.
(c) R
ECALL
C
OMPLETION
R
ATES
R
EPORT
.—
(1) I
N GENERAL
.—Not later than 1 year after the date
of enactment of this Act, and biennially thereafter for 4 years,
the Secretary shall—
(A) conduct an analysis of vehicle safety recall comple-
tion rates to assess potential actions by the National High-
way Traffic Safety Administration to improve vehicle safety
recall completion rates; and
(B) submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
49 USC 30119
note.
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129 STAT. 1704 PUBLIC LAW 114–94—DEC. 4, 2015
Energy and Commerce of the House of Representatives
a report on the results of the analysis.
(2) C
ONTENTS
.—Each report shall include—
(A) the annual recall completion rate by manufacturer,
model year, component (such as brakes, fuel systems, and
air bags), and vehicle type (passenger car, sport utility
vehicle, passenger van, and pick-up truck) for each of the
5 years before the year the report is submitted;
(B) the methods by which the Secretary has conducted
analyses of these recall completion rates to determine
trends and identify risk factors associated with lower recall
rates; and
(C) the actions the Secretary has planned to improve
recall completion rates based on the results of this data
analysis.
(d) I
NSPECTOR
G
ENERAL
A
UDIT OF
V
EHICLE
R
ECALLS
.—
(1) I
N GENERAL
.—The Department of Transportation
Inspector General shall conduct an audit of the National High-
way Traffic Safety Administration’s management of vehicle
safety recalls.
(2) C
ONTENTS
.—The audit shall include a determination
of whether the National Highway Traffic Safety Administra-
tion—
(A) appropriately monitors recalls to ensure the appro-
priateness of scope and adequacy of recall completion rates
and remedies;
(B) ensures manufacturers provide safe remedies, at
no cost to consumers;
(C) is capable of coordinating recall remedies and proc-
esses; and
(D) can improve its policy on consumer notice to combat
effects of recall fatigue.
SEC. 24105. PILOT GRANT PROGRAM FOR STATE NOTIFICATION TO
CONSUMERS OF MOTOR VEHICLE RECALL STATUS.
(a) I
N
G
ENERAL
.—Not later than October 1, 2016, the Secretary
shall implement a 2-year pilot program to evaluate the feasibility
and effectiveness of a State process for informing consumers of
open motor vehicle recalls at the time of motor vehicle registration
in the State.
(b) G
RANTS
.—To carry out this program, the Secretary may
make a grant to each eligible State, but not more than 6 eligible
States in total, that agrees to comply with the requirements under
subsection (c). Funds made available to a State under this section
shall be used by the State for the pilot program described in
subsection (a).
(c) E
LIGIBILITY
.—To be eligible for a grant, a State shall—
(1) submit an application in such form and manner as
the Secretary prescribes;
(2) agree to notify, at the time of registration, each owner
or lessee of a motor vehicle presented for registration in the
State of any open recall on that vehicle;
(3) provide the open motor vehicle recall information at
no cost to each owner or lessee of a motor vehicle presented
for registration in the State; and
(4) provide such other information as the Secretary may
require.
49 USC 30119
note.
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129 STAT. 1705 PUBLIC LAW 114–94—DEC. 4, 2015
(d) A
WARDS
.—In selecting an applicant for an award under
this section, the Secretary shall consider the State’s methodology
for determining open recalls on a motor vehicle, for informing
consumers of the open recalls, and for determining performance.
(e) P
ERFORMANCE
P
ERIOD
.—Each grant awarded under this
section shall require a 2-year performance period.
(f) R
EPORT
.—Not later than 90 days after the completion of
the performance period under subsection (e), a grantee shall provide
to the Secretary a report of performance containing such informa-
tion as the Secretary considers necessary to evaluate the extent
to which open recalls have been remedied.
(g) E
VALUATION
.—Not later than 180 days after the completion
of the pilot program, the Secretary shall evaluate the extent to
which open recalls identified have been remedied.
(h) D
EFINITIONS
.—In this section:
(1) C
ONSUMER
.—The term ‘‘consumer’’ includes owner and
lessee.
(2) M
OTOR VEHICLE
.—The term ‘‘motor vehicle’’ has the
meaning given the term under section 30102(a) of title 49,
United States Code.
(3) O
PEN RECALL
.—The term ‘‘open recall’’ means a recall
for which a notification by a manufacturer has been provided
under section 30119 of title 49, United States Code, and that
has not been remedied under section 30120 of that title.
(4) R
EGISTRATION
.—The term ‘‘registration’’ means the
process for registering motor vehicles in the State.
(5) S
TATE
.—The term ‘‘State’’ has the meaning given the
term under section 101(a) of title 23, United States Code.
SEC. 24106. RECALL OBLIGATIONS UNDER BANKRUPTCY.
Section 30120A of title 49, United States Code, is amended
by striking ‘‘chapter 11 of title 11,’’ and inserting ‘‘chapter 7 or
chapter 11 of title 11’’.
SEC. 24107. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL.
Section 30120(f) of title 49, United States Code, is amended—
(1) by inserting ‘‘
(1) IN GENERAL
. A manufacturer’’ and
indenting appropriately;
(2) in paragraph (1), as redesignated, by striking the period
at the end and inserting the following: ‘‘if—
‘‘(A) at the time of providing service for each of the
manufacturer’s motor vehicles it services, the dealer noti-
fies the owner or the individual requesting the service
of any open recall; and
‘‘(B) the notification requirement under subparagraph
(A) is specified in a franchise, operating, or other agreement
between the dealer and the manufacturer.’’; and
(3) by adding at the end the following:
‘‘(2) D
EFINITION OF OPEN RECALL
.—In this subsection, the
term ‘open recall’ means a recall for which a notification by
a manufacturer has been provided under section 30119 and
that has not been remedied under this section.’’.
SEC. 24108. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE
DEFECTS.
Section 30120(b) of title 49, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘60 days’’ and inserting
‘‘180 days’’; and
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129 STAT. 1706 PUBLIC LAW 114–94—DEC. 4, 2015
(2) in paragraph (2), by striking ‘‘60-day’’ each place it
appears and inserting ‘‘180-day’’.
SEC. 24109. RENTAL CAR SAFETY.
(a) S
HORT
T
ITLE
.—This section may be cited as the ‘‘Raechel
and Jacqueline Houck Safe Rental Car Act of 2015’’.
(b) D
EFINITIONS
.—Section 30102(a) of title 49, United States
Code, is amended—
(1) by redesignating paragraphs (10) and (11) as paragraphs
(12) and (13), respectively;
(2) by redesignating paragraphs (1) through (9) as para-
graphs (2) through (10), respectively;
(3) by inserting before paragraph (2), as redesignated, the
following:
‘‘(1) ‘covered rental vehicle’ means a motor vehicle that—
‘‘(A) has a gross vehicle weight rating of 10,000 pounds
or less;
‘‘(B) is rented without a driver for an initial term
of less than 4 months; and
‘‘(C) is part of a motor vehicle fleet of 35 or more
motor vehicles that are used for rental purposes by a
rental company.’’; and
(4) by inserting after paragraph (10), as redesignated, the
following:
‘‘(11) ‘rental company’ means a person who—
‘‘(A) is engaged in the business of renting covered
rental vehicles; and
‘‘(B) uses for rental purposes a motor vehicle fleet
of 35 or more covered rental vehicles, on average, during
the calendar year.’’.
(c) R
EMEDIES FOR
D
EFECTS AND
N
ONCOMPLIANCE
.—Section
30120(i) of title 49, United States Code, is amended—
(1) in the subsection heading, by adding ‘‘,
OR
R
ENTAL
’’
at the end;
(2) in paragraph (1)—
(A) by striking ‘‘(1) If notification’’ and inserting the
following:
‘‘(1) I
N GENERAL
.—If notification’’;
(B) by indenting subparagraphs (A) and (B) four ems
from the left margin;
(C) by inserting ‘‘or the manufacturer has provided
to a rental company notification about a covered rental
vehicle in the company’s possession at the time of notifica-
tion’’ after ‘‘time of notification’’;
(D) by striking ‘‘the dealer may sell or lease,’’ and
inserting ‘‘the dealer or rental company may sell, lease,
or rent’’; and
(E) in subparagraph (A), by striking ‘‘sale or lease’’
and inserting ‘‘sale, lease, or rental agreement’’;
(3) by amending paragraph (2) to read as follows:
‘‘(2) R
ULE OF CONSTRUCTION
.—Nothing in this subsection
may be construed to prohibit a dealer or rental company from
offering the vehicle or equipment for sale, lease, or rent.’’;
and
(4) by adding at the end the following:
‘‘(3) S
PECIFIC RULES FOR RENTAL COMPANIES
.—
49 USC 30101
note.
Raechel and
Jacqueline Houck
Safe Rental Car
Act of 2015.
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129 STAT. 1707 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(A) I
N GENERAL
.—Except as otherwise provided under
this paragraph, a rental company shall comply with the
limitations on sale, lease, or rental set forth in subpara-
graph (C) and paragraph (1) as soon as practicable, but
not later than 24 hours after the earliest receipt of the
notice to owner under subsection (b) or (c) of section 30118
(including the vehicle identification number for the covered
vehicle) by the rental company, whether by electronic
means or first class mail.
‘‘(B) S
PECIAL RULE FOR LARGE VEHICLE FLEETS
.—Not-
withstanding subparagraph (A), if a rental company
receives a notice to owner covering more than 5,000 motor
vehicles in its fleet, the rental company shall comply with
the limitations on sale, lease, or rental set forth in subpara-
graph (C) and paragraph (1) as soon as practicable, but
not later than 48 hours after the earliest receipt of the
notice to owner under subsection (b) or (c) of section 30118
(including the vehicle identification number for the covered
vehicle) by the rental company, whether by electronic
means or first class mail.
‘‘(C) S
PECIAL RULE FOR WHEN REMEDIES NOT IMME
-
DIATELY AVAILABLE
.—If a notification required under sub-
section (b) or (c) of section 30118 indicates that the remedy
for the defect or noncompliance is not immediately available
and specifies actions to temporarily alter the vehicle that
eliminate the safety risk posed by the defect or noncompli-
ance, the rental company, after causing the specified
actions to be performed, may rent (but may not sell or
lease) the motor vehicle. Once the remedy for the rental
vehicle becomes available to the rental company, the rental
company may not rent the vehicle until the vehicle has
been remedied, as provided in subsection (a).
‘‘(D) I
NAPPLICABILITY TO JUNK AUTOMOBILES
.—Notwith-
standing paragraph (1), this subsection does not prohibit
a rental company from selling a covered rental vehicle
if such vehicle—
‘‘(i) meets the definition of a junk automobile under
section 201 of the Anti-Car Theft Act of 1992 (49
U.S.C. 30501);
‘‘(ii) is retitled as a junk automobile pursuant to
applicable State law; and
‘‘(iii) is reported to the National Motor Vehicle
Information System, if required under section 204 of
such Act (49 U.S.C. 30504).’’.
(d) M
AKING
S
AFETY
D
EVICES AND
E
LEMENTS
I
NOPERATIVE
.—
Section 30122(b) of title 49, United States Code, is amended by
inserting ‘‘rental company,’’ after ‘‘dealer,’’ each place such term
appears.
(e) I
NSPECTIONS
, I
NVESTIGATIONS
,
AND
R
ECORDS
.—Section
30166 of title 49, United States Code, is amended—
(1) in subsection (c)(2), by striking ‘‘or dealer’’ each place
such term appears and inserting ‘‘dealer, or rental company’’;
(2) in subsection (e), by striking ‘‘or dealer’’ each place
such term appears and inserting ‘‘dealer, or rental company’’;
and
(3) in subsection (f), by striking ‘‘or to owners’’ and inserting
‘‘, rental companies, or other owners’’.
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129 STAT. 1708 PUBLIC LAW 114–94—DEC. 4, 2015
(f) R
ESEARCH
A
UTHORITY
.—The Secretary of Transportation
may conduct a study of—
(1) the effectiveness of the amendments made by this sec-
tion; and
(2) other activities of rental companies (as defined in section
30102(a)(11) of title 49, United States Code) related to their
use and disposition of motor vehicles that are the subject of
a notification required under section 30118 of title 49, United
States Code.
(g) S
TUDY
.—
(1) A
DDITIONAL REQUIREMENT
.—Section 32206(b)(2) of the
Moving Ahead for Progress in the 21st Century Act (Public
Law 112–141; 126 Stat. 785) is amended—
(A) in subparagraph (E), by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (F) as subparagraph
(G); and
(C) by inserting after subparagraph (E) the following:
‘‘(F) evaluate the completion of safety recall remedies
on rental trucks; and’’.
(2) R
EPORT
.—Section 32206(c) of such Act is amended—
(A) in paragraph (1), by striking ‘‘subsection (b)’’ and
inserting ‘‘subparagraphs (A) through (E) and (G) of sub-
section (b)(2)’’;
(B) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(C) by striking ‘‘R
EPORT
. Not later’’ and inserting the
following:
‘‘(c) R
EPORTS
.—
‘‘(1) I
NITIAL REPORT
.—Not later’’; and
(D) by adding at the end the following:
‘‘(2) S
AFETY RECALL REMEDY REPORT
.—Not later than 1
year after the date of the enactment of the ‘Raechel and Jac-
queline Houck Safe Rental Car Act of 2015’, the Secretary
shall submit a report to the congressional committees set forth
in paragraph (1) that contains—
‘‘(A) the findings of the study conducted pursuant to
subsection (b)(2)(F); and
‘‘(B) any recommendations for legislation that the Sec-
retary determines to be appropriate.’’.
(h) P
UBLIC
C
OMMENTS
.—The Secretary shall solicit comments
regarding the implementation of this section from members of the
public, including rental companies, consumer organizations, auto-
mobile manufacturers, and automobile dealers.
(i) R
ULE OF
C
ONSTRUCTION
.—Nothing in this section or the
amendments made by this section—
(1) may be construed to create or increase any liability,
including for loss of use, for a manufacturer as a result of
having manufactured or imported a motor vehicle subject to
a notification of defect or noncompliance under subsection (b)
or (c) of section 30118 of title 49, United States Code; or
(2) shall supersede or otherwise affect the contractual
obligations, if any, between such a manufacturer and a rental
company (as defined in section 30102(a) of title 49, United
States Code).
(j) R
ULEMAKING
.—The Secretary may promulgate rules, as
appropriate, to implement this section and the amendments made
by this section.
49 USC 30102
note.
49 USC 30102
note.
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129 STAT. 1709 PUBLIC LAW 114–94—DEC. 4, 2015
(k) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall take effect on the date that is 180 days after the date of
enactment of this Act.
SEC. 24110. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF
MOTOR VEHICLE SAFETY.
(a) I
NCREASE IN
C
IVIL
P
ENALTIES
.—Section 30165(a) of title
49, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘$5,000’’ and inserting ‘‘$21,000’’; and
(B) by striking ‘‘$35,000,000’’ and inserting
‘‘$105,000,000’’; and
(2) in paragraph (3)—
(A) by striking ‘‘$5,000’’ and inserting ‘‘$21,000’’; and
(B) by striking ‘‘$35,000,000’’ and inserting
‘‘$105,000,000’’.
(b) E
FFECTIVE
D
ATE
.—The amendments made by subsection
(a) of this section take effect on the date that the Secretary certifies
to Congress that the National Highway Traffic Safety Administra-
tion has issued the final rule required by section 31203(b) of the
Moving Ahead for Progress In the 21st Century Act (Public Law
112–141; 126 Stat. 758; 49 U.S.C. 30165 note).
(c) P
UBLICATION OF
E
FFECTIVE
D
ATE
.—The Secretary shall pub-
lish notice of the effective date under subsection (b) of this section
in the Federal Register.
SEC. 24111. ELECTRONIC ODOMETER DISCLOSURES.
Section 32705(g) of title 49, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Not later than’’ and indenting
appropriately; and
(2) by adding at the end the following:
‘‘(2) Notwithstanding paragraph (1) and subject to para-
graph (3), a State, without approval from the Secretary under
subsection (d), may allow for written disclosures or notices
and related matters to be provided electronically if—
‘‘(A) in compliance with—
‘‘(i) the requirements of subchapter 1 of chapter
96 of title 15; or
‘‘(ii) the requirements of a State law under section
7002(a) of title 15; and
‘‘(B) the disclosures or notices otherwise meet the
requirements under this section, including appropriate
authentication and security measures.
‘‘(3) Paragraph (2) ceases to be effective on the date the
regulations under paragraph (1) become effective.’’.
SEC. 24112. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.
Section 30166(o) of title 49, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘may’’ and inserting ‘‘shall’’;
and
(2) by adding at the end the following:
‘‘(3) D
EADLINE
.—Not later than 1 year after the date of
enactment of the Comprehensive Transportation and Consumer
Protection Act of 2015, the Secretary shall issue a final rule
under paragraph (1).’’.
49 USC 30165
note.
49 USC 30102
note.
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129 STAT. 1710 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 24113. DIRECT VEHICLE NOTIFICATION OF RECALLS.
(a) R
ECALL
N
OTIFICATION
R
EPORT
.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue a
report on the feasibility of a technical system that would operate
in each new motor vehicle to indicate when the vehicle is subject
to an open recall.
(b) D
EFINITION OF
O
PEN
R
ECALL
.—In this section the term
‘‘open recall’’ means a recall for which a notification by a manufac-
turer has been provided under section 30119 of title 49, United
States Code, and that has not been remedied under section 30120
of that title.
SEC. 24114. UNATTENDED CHILDREN WARNING.
Section 31504(a) of the Moving Ahead for Progress in the 21st
Century Act (49 U.S.C. 30111 note) is amended by striking ‘‘may’’
and inserting ‘‘shall’’.
SEC. 24115. TIRE PRESSURE MONITORING SYSTEM.
(a) P
ROPOSED
R
ULE
.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall publish a proposed
rule that—
(1) updates the standards pertaining to tire pressure moni-
toring systems to ensure that a tire pressure monitoring system
that is installed in a new motor vehicle after the effective
date of such updated standards cannot be overridden, reset,
or recalibrated in such a way that the system will no longer
detect when the inflation pressure in one or more of the vehicle’s
tires has fallen to or below a significantly underinflated pres-
sure level; and
(2) does not contain any provision that has the effect of
prohibiting the availability of direct or indirect tire pressure
monitoring systems that meet the requirements of the stand-
ards updated pursuant to paragraph (1).
(b) F
INAL
R
ULE
.—Not later than 2 years after the date of
enactment of this Act, after providing the public with sufficient
opportunity for notice and comment on the proposed rule published
pursuant to subsection (a), the Secretary shall issue a final rule
based on the proposed rule described in subsection (a) that—
(1) allows a manufacturer to install a tire pressure moni-
toring system that can be reset or recalibrated to accommo-
date—
(A) the repositioning of tire sensor locations on vehicles
with split inflation pressure recommendations;
(B) tire rotation; or
(C) replacement tires or wheels of a different size than
the original equipment tires or wheels; and
(2) to address the accommodations described in subpara-
graphs (A), (B), and (C) of paragraph (1), ensures that a tire
pressure monitoring system that is reset or recalibrated
according to the manufacturer’s instructions would illuminate
the low tire pressure warning telltale when a tire is signifi-
cantly underinflated until the tire is no longer significantly
underinflated.
(c) S
IGNIFICANTLY
U
NDERINFLATED
P
RESSURE
L
EVEL
D
EFINED
.—In this section, the term ‘‘significantly underinflated
pressure level’’ means a pressure level that is—
49 USC 30123
note.
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129 STAT. 1711 PUBLIC LAW 114–94—DEC. 4, 2015
(1) below the level at which the low tire pressure warning
telltale must illuminate, consistent with the TPMS detection
requirements contained in S4.2(a) of section 571.138 of title
49, Code of Federal Regulations, or any corresponding similar
or successor regulation or ruling (as determined by the Sec-
retary); and
(2) in the case of a replacement wheel or tire, below the
recommended cold inflation pressure of the wheel or tire manu-
facturer.
SEC. 24116. INFORMATION REGARDING COMPONENTS INVOLVED IN
RECALL.
Section 30119 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(g) I
NFORMATION
R
EGARDING
C
OMPONENTS
I
NVOLVED IN
R
ECALL
.—A manufacturer that is required to furnish a report under
section 573.6 of title 49, Code of Federal Regulations (or any suc-
cessor regulation) for a defect or noncompliance in a motor vehicle
or in an item of original or replacement equipment shall, if such
defect or noncompliance involves a specific component or compo-
nents, include in such report, with respect to such component or
components, the following information:
‘‘(1) The name of the component or components.
‘‘(2) A description of the component or components.
‘‘(3) The part number of the component or components,
if any.’’.
Subtitle B—Research And Development
And Vehicle Electronics
SEC. 24201. REPORT ON OPERATIONS OF THE COUNCIL FOR VEHICLE
ELECTRONICS, VEHICLE SOFTWARE, AND EMERGING
TECHNOLOGIES.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
regarding the operations of the Council for Vehicle Electronics,
Vehicle Software, and Emerging Technologies established under
section 31401 of the Moving Ahead for Progress in the 21st Century
Act (49 U.S.C. 105 note). The report shall include information
about the accomplishments of the Council, the role of the Council
in integrating and aggregating electronic and emerging technologies
expertise across the National Highway Traffic Safety Administra-
tion, the role of the Council in coordinating with other Federal
agencies, and the priorities of the Council over the next 5 years.
SEC. 24202. COOPERATION WITH FOREIGN GOVERNMENTS.
(a) T
ITLE
49 A
MENDMENT
.—Section 30182(b) of title 49, United
States Code, is amended—
(1) in paragraph (4), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (5), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by inserting after paragraph (5) the following:
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129 STAT. 1712 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(6) in coordination with Department of State, enter into
cooperative agreements and collaborative research and develop-
ment agreements with foreign governments.’’.
(b) T
ITLE
23 A
MENDMENT
.—Section 403 of title 23, United
States Code, is amended—
(1) in subsection (b)(2)(C), by inserting ‘‘foreign government
(in coordination with the Department of State)’’ after ‘‘institu-
tion,’’; and
(2) in subsection (c)(1)(A), by inserting ‘‘foreign govern-
ments,’’ after ‘‘local governments,’’.
(c) A
UDIT
.—The Department of Transportation Inspector Gen-
eral shall conduct an audit of the Secretary of Transportation’s
management and oversight of cooperative agreements and collabo-
rative research and development agreements, including any coopera-
tive agreements between the Secretary of Transportation and for-
eign governments under section 30182(b)(6) of title 49, United
States Code, and subsections (b)(2)(C) and (c)(1)(A) of title 23,
United States Code.
Subtitle C—Miscellaneous Provisions
PART I—DRIVER PRIVACY ACT OF 2015
SEC. 24301. SHORT TITLE.
This part may be cited as the ‘‘Driver Privacy Act of 2015’’.
SEC. 24302. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT
DATA RECORDERS.
(a) O
WNERSHIP OF
D
ATA
.—Any data retained by an event data
recorder (as defined in section 563.5 of title 49, Code of Federal
Regulations), regardless of when the motor vehicle in which it
is installed was manufactured, is the property of the owner, or,
in the case of a leased vehicle, the lessee of the motor vehicle
in which the event data recorder is installed.
(b) P
RIVACY
.—Data recorded or transmitted by an event data
recorder described in subsection (a) may not be accessed by a
person other than an owner or a lessee of the motor vehicle in
which the event data recorder is installed unless—
(1) a court or other judicial or administrative authority
having jurisdiction—
(A) authorizes the retrieval of the data; and
(B) to the extent that there is retrieved data, the
data is subject to the standards for admission into evidence
required by that court or other administrative authority;
(2) an owner or a lessee of the motor vehicle provides
written, electronic, or recorded audio consent to the retrieval
of the data for any purpose, including the purpose of diagnosing,
servicing, or repairing the motor vehicle, or by agreeing to
a subscription that describes how data will be retrieved and
used;
(3) the data is retrieved pursuant to an investigation or
inspection authorized under section 1131(a) or 30166 of title
49, United States Code, and the personally identifiable informa-
tion of an owner or a lessee of the vehicle and the vehicle
identification number is not disclosed in connection with the
retrieved data, except that the vehicle identification number
may be disclosed to the certifying manufacturer;
49 USC 30101
note.
49 USC 30101
note.
Driver Privacy
Act of 2015.
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129 STAT. 1713 PUBLIC LAW 114–94—DEC. 4, 2015
(4) the data is retrieved for the purpose of determining
the need for, or facilitating, emergency medical response in
response to a motor vehicle crash; or
(5) the data is retrieved for traffic safety research, and
the personally identifiable information of an owner or a lessee
of the vehicle and the vehicle identification number is not
disclosed in connection with the retrieved data.
SEC. 24303. VEHICLE EVENT DATA RECORDER STUDY.
(a) I
N
G
ENERAL
.—Not later than 1 year after the date of enact-
ment of this Act, the Administrator of the National Highway Traffic
Safety Administration shall submit to Congress a report that con-
tains the results of a study conducted by the Administrator to
determine the amount of time event data recorders installed in
passenger motor vehicles should capture and record for retrieval
vehicle-related data in conjunction with an event in order to provide
sufficient information to investigate the cause of motor vehicle
crashes.
(b) R
ULEMAKING
.—Not later than 2 years after submitting the
report required under subsection (a), the Administrator of the
National Highway Traffic Safety Administration shall promulgate
regulations to establish the appropriate period during which event
data recorders installed in passenger motor vehicles may capture
and record for retrieval vehicle-related data to the time necessary
to provide accident investigators with vehicle-related information
pertinent to crashes involving such motor vehicles.
PART II—SAFETY THROUGH INFORMED
CONSUMERS ACT OF 2015
SEC. 24321. SHORT TITLE.
This part may be cited as the ‘‘Safety Through Informed Con-
sumers Act of 2015’’.
SEC. 24322. PASSENGER MOTOR VEHICLE INFORMATION.
Section 32302 of title 49, United States Code, is amended
by inserting after subsection (b) the following:
‘‘(c) C
RASH
A
VOIDANCE
.—Not later than 1 year after the date
of enactment of the Safety Through Informed Consumers Act of
2015, the Secretary shall promulgate a rule to ensure that crash
avoidance information is indicated next to crashworthiness informa-
tion on stickers placed on motor vehicles by their manufacturers.’’.
PART III—TIRE EFFICIENCY, SAFETY, AND
REGISTRATION ACT OF 2015
SEC. 24331. SHORT TITLE.
This part may be cited as the ‘‘Tire Efficiency, Safety, and
Registration Act of 2015’’ or the ‘‘TESR Act’’.
SEC. 24332. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STAND-
ARDS.
Section 32304A of title 49, United States Code, is amended—
(1) in the section heading, by inserting ‘‘AND STAND-
ARDS’’ after ‘‘CONSUMER TIRE INFORMATION’’;
(2) in subsection (a)—
49 USC 30101
note.
Tire Efficiency,
Safety, and
Registration Act
of 2015.
49 USC 30101
note.
Safety Through
Informed
Consumers Act of
2015.
49 USC 30101
note.
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129 STAT. 1714 PUBLIC LAW 114–94—DEC. 4, 2015
(A) in the heading, by striking ‘‘Rulemaking’’ and
inserting ‘‘Consumer Tire Information’’; and
(B) in paragraph (1), by inserting ‘‘(referred to in this
section as the ‘Secretary’)’’ after ‘‘Secretary of Transpor-
tation’’;
(3) by redesignating subsections (b) through (e) as sub-
sections (e) though (h), respectively; and
(4) by inserting after subsection (a) the following:
‘‘(b) P
ROMULGATION OF
R
EGULATIONS FOR
T
IRE
F
UEL
E
FFI
-
CIENCY
M
INIMUM
P
ERFORMANCE
S
TANDARDS
.—
‘‘(1) I
N GENERAL
.—The Secretary, after consultation with
the Secretary of Energy and the Administrator of the Environ-
mental Protection Agency, shall promulgate regulations for tire
fuel efficiency minimum performance standards for—
‘‘(A) passenger car tires with a maximum speed capa-
bility equal to or less than 149 miles per hour or 240
kilometers per hour; and
‘‘(B) passenger car tires with a maximum speed capa-
bility greater than 149 miles per hour or 240 kilometers
per hour.
‘‘(2) T
IRE FUEL EFFICIENCY MINIMUM PERFORMANCE STAND
-
ARDS
.—
‘‘(A) S
TANDARD BASIS AND TEST PROCEDURES
.—The min-
imum performance standards promulgated under para-
graph (1) shall be expressed in terms of the rolling resist-
ance coefficient measured using the test procedure specified
in section 575.106 of title 49, Code of Federal Regulations
(as in effect on the date of enactment of this Act).
‘‘(B) N
O DISPARATE EFFECT ON HIGH PERFORMANCE
TIRES
.—The Secretary shall ensure that the minimum
performance standards promulgated under paragraph (1)
will not have a disproportionate effect on passenger car
high performance tires with a maximum speed capability
greater than 149 miles per hour or 240 kilometers per
hour.
‘‘(C) A
PPLICABILITY
.—
‘‘(i) I
N GENERAL
.—This subsection applies to new
pneumatic tires for use on passenger cars.
‘‘(ii) E
XCEPTIONS
.—This subsection does not apply
to light truck tires, deep tread tires, winter-type snow
tires, space-saver or temporary use spare tires, or tires
with nominal rim diameters of 12 inches or less.
‘‘(c) P
ROMULGATION OF
R
EGULATIONS FOR
T
IRE
W
ET
T
RACTION
M
INIMUM
P
ERFORMANCE
S
TANDARDS
.—
‘‘(1) I
N GENERAL
.—The Secretary shall promulgate regula-
tions for tire wet traction minimum performance standards
to ensure that passenger tire wet traction capability is not
reduced to achieve improved tire fuel efficiency.
‘‘(2) T
IRE WET TRACTION MINIMUM PERFORMANCE STAND
-
ARDS
.—
‘‘(A) B
ASIS OF STANDARD
.—The minimum performance
standards promulgated under paragraph (1) shall be
expressed in terms of peak coefficient of friction.
‘‘(B) T
EST PROCEDURES
.—Any test procedure promul-
gated under this subsection shall be consistent with any
test procedure promulgated under subsection (a).
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129 STAT. 1715 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(C) B
ENCHMARKING
.—The Secretary shall conduct
testing to benchmark the wet traction performance of tire
models available for sale in the United States as of the
date of enactment of this Act to ensure that the minimum
performance standards promulgated under paragraph (1)
are tailored to—
‘‘(i) tires sold in the United States; and
‘‘(ii) the needs of consumers in the United States.
‘‘(D) A
PPLICABILITY
.—
‘‘(i) I
N GENERAL
.—This subsection applies to new
pneumatic tires for use on passenger cars.
‘‘(ii) E
XCEPTIONS
.—This subsection does not apply
to light truck tires, deep tread tires, winter-type snow
tires, space-saver or temporary use spare tires, or tires
with nominal rim diameters of 12 inches or less.
‘‘(d) C
OORDINATION
A
MONG
R
EGULATIONS
.—
‘‘(1) C
OMPATIBILITY
.—The Secretary shall ensure that the
test procedures and requirements promulgated under sub-
sections (a), (b), and (c) are compatible and consistent.
‘‘(2) C
OMBINED EFFECT OF RULES
.—The Secretary shall
evaluate the regulations promulgated under subsections (b)
and (c) to ensure that compliance with the minimum perform-
ance standards promulgated under subsection (b) will not
diminish wet traction performance of affected tires.
‘‘(3) R
ULEMAKING DEADLINES
.—The Secretary shall promul-
gate—
‘‘(A) the regulations under subsections (b) and (c) not
later than 24 months after the date of enactment of this
Act; and
‘‘(B) the regulations under subsection (c) not later than
the date of promulgation of the regulations under sub-
section (b).’’.
SEC. 24333. TIRE REGISTRATION BY INDEPENDENT SELLERS.
Paragraph (3) of section 30117(b) of title 49, United States
Code, is amended to read as follows:
‘‘(3) R
ULEMAKING
.—
‘‘(A) I
N GENERAL
.—The Secretary shall initiate a rule-
making to require a distributor or dealer of tires that
is not owned or controlled by a manufacturer of tires to
maintain records of—
‘‘(i) the name and address of tire purchasers and
lessors;
‘‘(ii) information identifying the tire that was pur-
chased or leased; and
‘‘(iii) any additional records the Secretary considers
appropriate.
‘‘(B) E
LECTRONIC TRANSMISSION
.—The rulemaking car-
ried out under subparagraph (A) shall require a distributor
or dealer of tires that is not owned or controlled by a
manufacturer of tires to electronically transmit the records
described in clauses (i), (ii), and (iii) of subparagraph (A)
to the manufacturer of the tires or the designee of the
manufacturer by secure means at no cost to tire purchasers
or lessors.
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129 STAT. 1716 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(C) S
ATISFACTION OF REQUIREMENTS
.—A regulation
promulgated under subparagraph (A) may be considered
to satisfy the requirements of paragraph (2)(B).’’.
SEC. 24334. TIRE IDENTIFICATION STUDY AND REPORT.
(a) S
TUDY
.—The Secretary shall conduct a study to examine
the feasibility of requiring all manufacturers of tires subject to
section 30117(b) of title 49, United States Code, to—
(1) include electronic identification on every tire that
reflects all of the information currently required in the tire
identification number; and
(2) ensure that the same type and format of electronic
information technology is used on all tires.
(b) R
EPORT
.—The Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Representa-
tives a report on the results of the study required by paragraph
(1).
SEC. 24335. TIRE RECALL DATABASE.
(a) I
N
G
ENERAL
.—The Secretary shall establish a publicly avail-
able and searchable electronic database of tire recall information
that is reported to the Administrator of the National Highway
Traffic Safety Administration.
(b) T
IRE
I
DENTIFICATION
N
UMBER
.—The database established
under subsection (a) shall be searchable by Tire Identification
Number (TIN) and any other criteria that assists consumers in
determining whether a tire is subject to a recall.
PART IV—ALTERNATIVE FUEL VEHICLES
SEC. 24341. REGULATORY PARITY FOR NATURAL GAS VEHICLES.
The Administrator of the Environmental Protection Agency
shall revise the regulations issued in sections 600.510-12(c)(2)(vi)
and 600.510-12(c)(2) (vii)(A) of title 40, Code of Federal Regulations,
to replace references to the year ‘‘2019’’ with the year ‘‘2016’’.
PART V—MOTOR VEHICLE SAFETY
WHISTLEBLOWER ACT
SEC. 24351. SHORT TITLE.
This part may be cited as the ‘‘Motor Vehicle Safety Whistle-
blower Act’’.
SEC. 24352. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES
AND PROTECTIONS.
(a) I
N
G
ENERAL
.—Subchapter IV of chapter 301 of title 49,
United States Code, is amended by adding at the end the following:
‘‘§ 30172. Whistleblower incentives and protections
‘‘(a) D
EFINITIONS
.—In this section:
‘‘(1) C
OVERED ACTION
.—The term ‘covered action’ means
any administrative or judicial action, including any related
administrative or judicial action, brought by the Secretary or
the Attorney General under this chapter that in the aggregate
results in monetary sanctions exceeding $1,000,000.
49 USC 30172
note.
49 USC 30101
note.
Motor Vehicle
Safety
Whistleblower
Act.
49 USC 30119
note.
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129 STAT. 1717 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(2) M
ONETARY SANCTIONS
.—The term ‘monetary sanctions’
means monies, including penalties and interest, ordered or
agreed to be paid.
‘‘(3) O
RIGINAL INFORMATION
.—The term ‘original informa-
tion’ means information that—
‘‘(A) is derived from the independent knowledge or
analysis of an individual;
‘‘(B) is not known to the Secretary from any other
source, unless the individual is the original source of the
information; and
‘‘(C) is not exclusively derived from an allegation made
in a judicial or an administrative action, in a governmental
report, a hearing, an audit, or an investigation, or from
the news media, unless the individual is a source of the
information.
‘‘(4) P
ART SUPPLIER
.—The term ‘part supplier’ means a
manufacturer of motor vehicle equipment.
‘‘(5) S
UCCESSFUL RESOLUTION
.—The term ‘successful resolu-
tion’, with respect to a covered action, includes any settlement
or adjudication of the covered action.
‘‘(6) W
HISTLEBLOWER
.—The term ‘whistleblower’ means any
employee or contractor of a motor vehicle manufacturer, part
supplier, or dealership who voluntarily provides to the Sec-
retary original information relating to any motor vehicle defect,
noncompliance, or any violation or alleged violation of any
notification or reporting requirement of this chapter, which
is likely to cause unreasonable risk of death or serious physical
injury.
‘‘(b) A
WARDS
.—
‘‘(1) I
N GENERAL
.—If the original information that a whistle-
blower provided to the Secretary leads to the successful resolu-
tion of a covered action, the Secretary, subject to subsection
(c), may pay an award or awards to one or more whistleblowers
in an aggregate amount of—
‘‘(A) not less than 10 percent, in total, of collected
monetary sanctions; and
‘‘(B) not more than 30 percent, in total, of collected
monetary sanctions.
‘‘(2) P
AYMENT OF AWARDS
.—Any amount payable under
paragraph (1) shall be paid from the monetary sanctions col-
lected, and any monetary sanctions so collected shall be avail-
able for such payment.
‘‘(c) D
ETERMINATION OF
A
WARDS
; D
ENIAL OF
A
WARDS
.—
‘‘(1) D
ETERMINATION OF AWARDS
.—
‘‘(A) D
ISCRETION
.—The determination of whether, to
whom, or in what amount to make an award shall be
in the discretion of the Secretary subject to the provisions
in subsection (b)(1).
‘‘(B) C
RITERIA
.—In determining an award made under
subsection (b), the Secretary shall take into consideration—
‘‘(i) if appropriate, whether a whistleblower
reported or attempted to report the information
internally to an applicable motor vehicle manufacturer,
part supplier, or dealership;
‘‘(ii) the significance of the original information
provided by the whistleblower to the successful resolu-
tion of the covered action;
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129 STAT. 1718 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(iii) the degree of assistance provided by the
whistleblower and any legal representative of the
whistleblower in the covered action; and
‘‘(iv) such additional factors as the Secretary con-
siders relevant.
‘‘(2) D
ENIAL OF AWARDS
.—No award under subsection (b)
shall be made—
‘‘(A) to any whistleblower who is convicted of a criminal
violation related to the covered action for which the whistle-
blower otherwise could receive an award under this section;
‘‘(B) to any whistleblower who, acting without direction
from an applicable motor vehicle manufacturer, part sup-
plier, or dealership, or agent thereof, deliberately causes
or substantially contributes to the alleged violation of a
requirement of this chapter;
‘‘(C) to any whistleblower who submits information
to the Secretary that is based on the facts underlying
the covered action submitted previously by another whistle-
blower;
‘‘(D) to any whistleblower who fails to provide the
original information to the Secretary in such form as the
Secretary may require by regulation; or
‘‘(E) if the applicable motor vehicle manufacturer, parts
supplier, or dealership has an internal reporting mecha-
nism in place to protect employees from retaliation, to
any whistleblower who fails to report or attempt to report
the information internally through such mechanism,
unless—
‘‘(i) the whistleblower reasonably believed that
such an internal report would have resulted in retalia-
tion, notwithstanding section 30171(a);
‘‘(ii) the whistleblower reasonably believed that the
information—
‘‘(I) was already internally reported;
‘‘(II) was already subject to or part of an
internal inquiry or investigation; or
‘‘(III) was otherwise already known to the
motor vehicle manufacturer, part supplier, or
dealership; or
‘‘(iii) the Secretary has good cause to waive this
requirement.
‘‘(d) R
EPRESENTATION
.—A whistleblower may be represented
by counsel.
‘‘(e) N
O
C
ONTRACT
N
ECESSARY
.—No contract with the Secretary
is necessary for any whistleblower to receive an award under sub-
section (b).
‘‘(f) P
ROTECTION OF
W
HISTLEBLOWERS
; C
ONFIDENTIALITY
.—
‘‘(1) I
N GENERAL
.—Notwithstanding section 30167, and
except as provided in paragraphs (4) and (5) of this subsection,
the Secretary, and any officer or employee of the Department
of Transportation, shall not disclose any information, including
information provided by a whistleblower to the Secretary, which
could reasonably be expected to reveal the identity of a whistle-
blower, except in accordance with the provisions of section
552a of title 5, unless—
‘‘(A) required to be disclosed to a defendant or
respondent in connection with a public proceeding
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129 STAT. 1719 PUBLIC LAW 114–94—DEC. 4, 2015
instituted by the Secretary or any entity described in para-
graph (5);
‘‘(B) the whistleblower provides prior written consent
for the information to be disclosed; or
‘‘(C) the Secretary, or other officer or employee of the
Department of Transportation, receives the information
through another source, such as during an inspection or
investigation under section 30166, and has authority under
other law to release the information.
‘‘(2) R
EDACTION
.—The Secretary, and any officer or
employee of the Department of Transportation, shall take
reasonable measures to not reveal the identity of the whistle-
blower when disclosing any information under paragraph (1).
‘‘(3) S
ECTION 552(B)(3)(B)
.—For purposes of section 552 of
title 5, paragraph (1) of this subsection shall be considered
a statute described in subsection (b)(3)(B) of that section.
‘‘(4) E
FFECT
.—Nothing in this subsection is intended to
limit the ability of the Attorney General to present such evi-
dence to a grand jury or to share such evidence with potential
witnesses or defendants in the course of an ongoing criminal
investigation.
‘‘(5) A
VAILABILITY TO GOVERNMENT AGENCIES
.—
‘‘(A) I
N GENERAL
.—Without the loss of its status as
confidential in the hands of the Secretary, all information
referred to in paragraph (1) may, in the discretion of the
Secretary, when determined by the Secretary to be nec-
essary or appropriate to accomplish the purposes of this
chapter and in accordance with subparagraph (B), be made
available to the following:
‘‘(i) The Department of Justice.
‘‘(ii) An appropriate department or agency of the
Federal Government, acting within the scope of its
jurisdiction.
‘‘(B) M
AINTENANCE OF INFORMATION
.—Each entity
described in subparagraph (A) shall maintain information
described in that subparagraph as confidential, in accord-
ance with the requirements in paragraph (1).
‘‘(g) P
ROVISION OF
F
ALSE
I
NFORMATION
.—A whistleblower who
knowingly and intentionally makes any false, fictitious, or fraudu-
lent statement or representation, or who makes or uses any false
writing or document knowing the same to contain any false, ficti-
tious, or fraudulent statement or entry, shall not be entitled to
an award under this section and shall be subject to prosecution
under section 1001 of title 18.
‘‘(h) A
PPEALS
.—
‘‘(1) I
N GENERAL
.—Any determination made under this sec-
tion, including whether, to whom, or in what amount to make
an award, shall be in the discretion of the Secretary.
‘‘(2) A
PPEALS
.—Any determination made by the Secretary
under this section may be appealed by a whistleblower to
the appropriate court of appeals of the United States not later
than 30 days after the determination is issued by the Secretary.
‘‘(3) R
EVIEW
.—The court shall review the determination
made by the Secretary in accordance with section 706 of title
5.
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129 STAT. 1720 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(i) R
EGULATION
.—Not later than 18 months after the date
of enactment of this section, the Secretary shall promulgate regula-
tions on the requirements of this section, consistent with this sec-
tion.’’.
(b) R
ULE OF
C
ONSTRUCTION
.—
(1) O
RIGINAL INFORMATION
.—Information submitted to the
Secretary of Transportation by a whistleblower in accordance
with the requirements of section 30172 of title 49, United
States Code, shall not lose its status as original information
solely because the whistleblower submitted the information
prior to the effective date of the regulations issued under sub-
section (i) of that section if that information was submitted
after the date of enactment of this Act.
(2) A
WARDS
.—A whistleblower may receive an award under
section 30172 of title 49, United States Code, regardless of
whether the violation underlying the covered action occurred
prior to the date of enactment of this Act, and may receive
an award prior to the Secretary of Transportation promulgating
the regulations under subsection (i) of that section.
(c) C
ONFORMING
A
MENDMENTS
.—The table of contents of sub-
chapter IV of chapter 301 of title 49, United States Code, is amended
by adding at the end the following:
‘‘30172. Whistleblower incentives and protections.’’.
Subtitle D—Additional Motor Vehicle
Provisions
SEC. 24401. REQUIRED REPORTING OF NHTSA AGENDA.
Not later than December 1 of the year beginning after the
date of enactment of this Act, and each year thereafter, the Adminis-
trator of the National Highway Traffic Safety Administration shall
publish on the public website of the Administration, and file with
the Committees on Energy and Commerce and Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate an annual
plan for the following calendar year detailing the Administration’s
projected activities, including—
(1) the Administrator’s policy priorities;
(2) any rulemakings projected to be commenced;
(3) any plans to develop guidelines;
(4) any plans to restructure the Administration or to estab-
lish or alter working groups;
(5) any planned projects or initiatives of the Administra-
tion, including the working groups and advisory committees
of the Administration; and
(6) any projected dates or timetables associated with any
of the items described in paragraphs (1) through (5).
SEC. 24402. APPLICATION OF REMEDIES FOR DEFECTS AND NON-
COMPLIANCE.
Section 30120(g)(1) of title 49, United States Code, is amended
by striking ‘‘10 calendar years’’ and inserting ‘‘15 calendar years’’.
SEC. 24403. RETENTION OF SAFETY RECORDS BY MANUFACTURERS.
(a) R
ULE
.—Not later than 18 months after the date of enact-
ment of this Act, the Secretary of Transportation shall issue a
49 USC 30117
note.
49 USC 105 note.
49 USC
prec. 30101.
49 USC 30172
note.
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129 STAT. 1721 PUBLIC LAW 114–94—DEC. 4, 2015
final rule pursuant to section 30117 of title 49, United States
Code, requiring each manufacturer of motor vehicles or motor
vehicle equipment to retain all motor vehicle safety records required
to be maintained by manufacturers under section 576.6 of title
49, Code of Federal Regulations, for a period of not less than
10 calendar years from the date on which they were generated
or acquired by the manufacturer.
(b) A
PPLICATION
.—The rule required by subsection (a) shall
apply with respect to any record described in such subsection that
is in the possession of a manufacturer on the effective date of
such rule.
SEC. 24404. NONAPPLICATION OF PROHIBITIONS RELATING TO NON-
COMPLYING MOTOR VEHICLES TO VEHICLES USED FOR
TESTING OR EVALUATION.
Section 30112(b) of title 49, United States Code, is amended—
(1) in paragraph (8), by striking ‘‘; or’’ and inserting a
semicolon;
(2) in paragraph (9), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following new paragraph:
‘‘(10) the introduction of a motor vehicle in interstate com-
merce solely for purposes of testing or evaluation by a manufac-
turer that agrees not to sell or offer for sale the motor vehicle
at the conclusion of the testing or evaluation and that prior
to the date of enactment of this paragraph—
‘‘(A) has manufactured and distributed motor vehicles
into the United States that are certified to comply with
all applicable Federal motor vehicle safety standards;
‘‘(B) has submitted to the Secretary appropriate manu-
facturer identification information under part 566 of title
49, Code of Federal Regulations; and
‘‘(C) if applicable, has identified an agent for service
of process in accordance with part 551 of such title.’’.
SEC. 24405. TREATMENT OF LOW-VOLUME MANUFACTURERS.
(a) E
XEMPTION
F
ROM
V
EHICLE
S
AFETY
S
TANDARDS FOR
L
OW
-
VOLUME
M
ANUFACTURERS
.—Section 30114 of title 49, United States
Code, is amended—
(1) by striking ‘‘The’’ and inserting ‘‘(
A
) V
EHICLES
U
SED
FOR
P
ARTICULAR
P
URPOSES
. The’’; and
(2) by adding at the end the following new subsection:
‘‘(b) E
XEMPTION FOR
L
OW
-
VOLUME
M
ANUFACTURERS
.—
‘‘(1) I
N GENERAL
.—The Secretary shall—
‘‘(A) exempt from section 30112(a) of this title not
more than 325 replica motor vehicles per year that are
manufactured or imported by a low-volume manufacturer;
and
‘‘(B) except as provided in paragraph (4) of this sub-
section, limit any such exemption to the Federal Motor
Vehicle Safety Standards applicable to motor vehicles and
not motor vehicle equipment.
‘‘(2) R
EGISTRATION REQUIREMENT
.—To qualify for an exemp-
tion under paragraph (1), a low-volume manufacturer shall
register with the Secretary at such time, in such manner,
and under such terms that the Secretary determines appro-
priate. The Secretary shall establish terms that ensure that
no person may register as a low-volume manufacturer if the
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129 STAT. 1722 PUBLIC LAW 114–94—DEC. 4, 2015
person is registered as an importer under section 30141 of
this title.
‘‘(3) P
ERMANENT LABEL REQUIREMENT
.—
‘‘(A) I
N GENERAL
.—The Secretary shall require a low-
volume manufacturer to affix a permanent label to a motor
vehicle exempted under paragraph (1) that identifies the
specified standards and regulations for which such vehicle
is exempt from section 30112(a), states that the vehicle
is a replica, and designates the model year such vehicle
replicates.
‘‘(B) W
RITTEN NOTICE
.—The Secretary may require a
low-volume manufacturer of a motor vehicle exempted
under paragraph (1) to deliver written notice of the exemp-
tion to—
‘‘(i) the dealer; and
‘‘(ii) the first purchaser of the motor vehicle, if
the first purchaser is not an individual that purchases
the motor vehicle for resale.
‘‘(C) R
EPORTING REQUIREMENT
.—A low-volume manu-
facturer shall annually submit a report to the Secretary
including the number and description of the motor vehicles
exempted under paragraph (1) and a list of the exemptions
described on the label affixed under subparagraph (A).
‘‘(4) E
FFECT ON OTHER PROVISIONS
.—Any motor vehicle
exempted under this subsection shall also be exempted from
sections 32304, 32502, and 32902 of this title and from section
3 of the Automobile Information Disclosure Act (15 U.S.C.
1232).
‘‘(5) L
IMITATION AND PUBLIC NOTICE
.—The Secretary shall
have 90 days to review and approve or deny a registration
submitted under paragraph (2). If the Secretary determines
that any such registration submitted is incomplete, the Sec-
retary shall have an additional 30 days for review. Any registra-
tion not approved or denied within 90 days after initial submis-
sion, or 120 days if the registration submitted is incomplete,
shall be deemed approved. The Secretary shall have the
authority to revoke an existing registration based on a failure
to comply with requirements set forth in this subsection or
a finding by the Secretary of a safety-related defect or unlawful
conduct under this chapter that poses a significant safety risk.
The registrant shall be provided a reasonable opportunity to
correct all deficiencies, if such are correctable based on the
sole discretion of the Secretary. An exemption granted by the
Secretary to a low-volume manufacturer under this subsection
may not be transferred to any other person, and shall expire
at the end of the calendar year for which it was granted
with respect to any volume authorized by the exemption that
was not applied by the low-volume manufacturer to vehicles
built during that calendar year. The Secretary shall maintain
an up-to-date list of registrants and a list of the make and
model of motor vehicles exempted under paragraph (1) on at
least an annual basis and publish such list in the Federal
Register or on a website operated by the Secretary.
‘‘(6) L
IMITATION OF LIABILITY FOR ORIGINAL MANUFACTUR
-
ERS
,
LICENSORS OR OWNERS OF PRODUCT CONFIGURATION
,
TRADE
DRESS
,
OR DESIGN PATENTS
.—The original manufacturer, its
successor or assignee, or current owner, who grants a license
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129 STAT. 1723 PUBLIC LAW 114–94—DEC. 4, 2015
or otherwise transfers rights to a low-volume manufacturer
shall incur no liability to any person or entity under Federal
or State statute, regulation, local ordinance, or under any Fed-
eral or State common law for such license or assignment to
a low-volume manufacturer.
‘‘(7) D
EFINITIONS
.—In this subsection:
‘‘(A) L
OW
-
VOLUME MANUFACTURER
.—The term ‘low-
volume manufacturer’ means a motor vehicle manufacturer,
other than a person who is registered as an importer under
section 30141 of this title, whose annual worldwide produc-
tion, including by a parent or subsidiary of the manufac-
turer, if applicable, is not more than 5,000 motor vehicles.
‘‘(B) R
EPLICA MOTOR VEHICLE
.—The term ‘replica motor
vehicle’ means a motor vehicle produced by a low-volume
manufacturer and that—
‘‘(i) is intended to resemble the body of another
motor vehicle that was manufactured not less than
25 years before the manufacture of the replica motor
vehicle; and
‘‘(ii) is manufactured under a license for the
product configuration, trade dress, trademark, or
patent, for the motor vehicle that is intended to be
replicated from the original manufacturer, its succes-
sors or assignees, or current owner of such product
configuration, trade dress, trademark, or patent rights.
‘‘(8) C
ONSTRUCTION
.—Except as provided in paragraphs (1)
and (4), a registrant shall be considered a motor vehicle manu-
facturer for purposes of parts A and C of subtitle VI of this
title. Nothing shall be construed to exempt a registrant from
complying with the requirements under sections 30116 through
30120A of this title if the motor vehicle excepted under para-
graph (1) contains a defect related to motor vehicle safety.
‘‘(9) S
TATE REGISTRATION
.—Nothing in this subsection shall
be construed to preempt, affect, or supersede any State titling
or registration law or regulation for a replica motor vehicle,
or exempt a person from complying with such law or regula-
tion.’’.
(b) V
EHICLE
E
MISSION
C
OMPLIANCE
S
TANDARDS FOR
L
OW
-
VOLUME
M
OTOR
V
EHICLE
M
ANUFACTURERS
.—Section 206(a) of the
Clean Air Act (42 U.S.C. 7525(a)) is amended by adding at the
end the following new paragraph:
‘‘(5)(A) A motor vehicle engine (including all engine emis-
sion controls) may be installed in an exempted specially pro-
duced motor vehicle if the motor vehicle engine is from a
motor vehicle that is covered by a certificate of conformity
issued by the Administrator for the model year in which the
exempted specially produced motor vehicle is produced, or the
motor vehicle engine is covered by an Executive order subject
to regulations promulgated by the California Air Resources
Board for the model year in which the exempted specially
produced motor vehicle is produced, and—
‘‘(i) the manufacturer of the engine supplies writ-
ten instructions to the Administrator and the manufac-
turer of the exempted specially produced motor vehicle
explaining how to install the engine and maintain
functionality of the engine’s emission control system
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129 STAT. 1724 PUBLIC LAW 114–94—DEC. 4, 2015
and the on-board diagnostic system (commonly known
as ‘OBD’), except with respect to evaporative emissions;
‘‘(ii) the manufacturer of the exempted specially
produced motor vehicle installs the engine in accord-
ance with such instructions and certifies such installa-
tion in accordance with subparagraph (E);
‘‘(iii) the installation instructions include emission
control warranty information from the engine manufac-
turer in compliance with section 207, including where
warranty repairs can be made, emission control labels
to be affixed to the vehicle, and the certificate of con-
formity number for the applicable vehicle in which
the engine was originally intended or the applicable
Executive order number for the engine; and
‘‘(iv) the manufacturer of the exempted specially
produced motor vehicle does not produce more than
325 such vehicles in the calendar year in which the
vehicle is produced.
‘‘(B) A motor vehicle containing an engine compliant
with the requirements of subparagraph (A) shall be treated
as meeting the requirements of section 202 applicable to
new vehicles produced or imported in the model year in
which the exempted specially produced motor vehicle is
produced or imported.
‘‘(C) Engine installations that are not performed in
accordance with installation instructions provided by the
manufacturer and alterations to the engine not in accord-
ance with the installation instructions shall—
‘‘(i) be treated as prohibited acts by the installer
under section 203 and any applicable regulations; and
‘‘(ii) subject to civil penalties under section 205(a),
civil actions under section 205(b), and administrative
assessment of penalties under section 205(c).
‘‘(D) The manufacturer of an exempted specially pro-
duced motor vehicle that has an engine compliant with
the requirements of subparagraph (A) shall provide to the
purchaser of such vehicle all information received by the
manufacturer from the engine manufacturer, including
information regarding emissions warranties from the
engine manufacturer and all emissions-related recalls by
the engine manufacturer.
‘‘(E) To qualify to install an engine under this para-
graph, and sell, offer for sale, introduce into commerce,
deliver for introduction into commerce or import an
exempted specially produced motor vehicle, a manufacturer
of exempted specially produced motor vehicles shall register
with the Administrator at such time and in such manner
as the Administrator determines appropriate. The manufac-
turer shall submit an annual report to the Administrator
that includes—
‘‘(i) a description of the exempted specially pro-
duced motor vehicles and engines installed in such
vehicles;
‘‘(ii) the certificate of conformity number issued
to the motor vehicle in which the engine was originally
intended or the applicable Executive order number
for the engine; and
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129 STAT. 1725 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(iii) a certification that it produced all exempted
specially produced motor vehicles according to the writ-
ten instructions from the engine manufacturer, and
otherwise that the engine conforms in all material
respects to the description in the application for the
applicable certificate of conformity or Executive order.
‘‘(F) Exempted specially produced motor vehicles
compliant with this paragraph shall be exempted from—
‘‘(i) motor vehicle certification testing under this
section; and
‘‘(ii) vehicle emission control inspection and
maintenance programs required under section 110.
‘‘(G)(i) Except as provided in subparagraphs (A)
through (F), a person engaged in the manufacturing or
assembling of exempted specially produced motor vehicles
shall be considered a manufacturer for purposes of this
Act.
‘‘(ii) Nothing in this paragraph shall be construed to
exempt any person from the prohibitions in section
203(a)(3) or the requirements in sections 208, 206(c), or
202(m)(5).
‘‘(H) In this paragraph:
‘‘(i) The term ‘exempted specially produced motor
vehicle’ means a light-duty vehicle or light-duty truck
produced by a low-volume manufacturer and that—
‘‘(I) is intended to resemble the body of another
motor vehicle that was manufactured not less than
25 years before the manufacture of the exempted
specially produced motor vehicle; and
‘‘(II) is manufactured under a license for the
product configuration, trade dress, trademark, or
patent, for the motor vehicle that is intended to
be replicated from the original manufacturer, its
successors or assignees, or current owner of such
product configuration, trade dress, trademark, or
patent rights.
‘‘(ii) The term ‘low-volume manufacturer’ means
a motor vehicle manufacturer, other than a person
who is registered as an importer under section 30141
of title 49, United States Code, whose annual world-
wide production, including by a parent or subsidiary
of the manufacturer, if applicable, is not more than
5,000 motor vehicles.’’.
(c) I
MPLEMENTATION
.—Not later than 12 months after the date
of enactment of this Act, the Secretary of Transportation and the
Administrator of the Environmental Protection Agency shall issue
such regulations as may be necessary to implement the amendments
made by subsections (a) and (b), respectively.
SEC. 24406. MOTOR VEHICLE SAFETY GUIDELINES.
Section 30111 of title 49, United States Code, is amended
by adding at the end the following new subsection:
‘‘(f) M
OTOR
V
EHICLE
S
AFETY
G
UIDELINES
.—
‘‘(1) I
N GENERAL
.—No guidelines issued by the Secretary
with respect to motor vehicle safety shall confer any rights
on any person, State, or locality, nor shall operate to bind
the Secretary or any person to the approach recommended
42 USC 7525
note.
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129 STAT. 1726 PUBLIC LAW 114–94—DEC. 4, 2015
in such guidelines. In any enforcement action with respect
to motor vehicle safety, the Secretary shall allege a violation
of a provision of this subtitle, a motor vehicle safety standard
issued under this subtitle, or another relevant statute or regula-
tion. The Secretary may not base an enforcement action on,
or execute a consent order based on, practices that are alleged
to be inconsistent with any such guidelines, unless the practices
allegedly violate a provision of this subtitle, a motor vehicle
safety standard issued under this subtitle, or another relevant
statute or regulation.
‘‘(2) R
ULE OF CONSTRUCTION
.—Nothing in this subsection
shall be construed to confer any authority upon or negate
any authority of the Secretary to issue guidelines under this
chapter.’’.
SEC. 24407. IMPROVEMENT OF DATA COLLECTION ON CHILD OCCU-
PANTS IN VEHICLE CRASHES.
(a) I
N
G
ENERAL
.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall revise the crash investigation
data collection system of the National Highway Traffic Safety
Administration to include the collection of the following data in
connection with vehicle crashes whenever a child restraint system
was in use in a vehicle involved in a crash:
(1) The type or types of child restraint systems in use
during the crash in any vehicle involved in the crash, including
whether a five-point harness or belt-positioning booster.
(2) If a five-point harness child restraint system was in
use during the crash, whether the child restraint system was
forward-facing or rear-facing in the vehicle concerned.
(b) C
ONSULTATION
.—In implementing subsection (a), the Sec-
retary shall work with law enforcement officials, safety advocates,
the medical community, and research organizations to improve
the recordation of data described in subsection (a) in police and
other applicable incident reports.
(c) R
EPORT
.—Not later than 3 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Energy and Commerce of the House of Representatives
a report on child occupant crash data collection in the crash inves-
tigation data collection system of the National Highway Traffic
Safety Administration pursuant to the revision required by sub-
section (a).
DIVISION C—FINANCE
TITLE XXXI—HIGHWAY TRUST FUND
AND RELATED TAXES
Subtitle A—Extension of Trust Fund
Expenditure Authority and Related Taxes
SEC. 31101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) H
IGHWAY
T
RUST
F
UND
.—Section 9503 of the Internal Rev-
enue Code of 1986 is amended—
26 USC 9503.
49 USC 30127
note.
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129 STAT. 1727 PUBLIC LAW 114–94—DEC. 4, 2015
(1) by striking ‘‘December 5, 2015’’ in subsections (b)(6)(B),
(c)(1), and (e)(3) and inserting ‘‘October 1, 2020’’, and
(2) by striking ‘‘Surface Transportation Extension Act of
2015, Part II’’ in subsections (c)(1) and (e)(3) and inserting
‘‘FAST Act’’.
(b) S
PORT
F
ISH
R
ESTORATION AND
B
OATING
T
RUST
F
UND
.—
Section 9504 of such Code is amended—
(1) by striking ‘‘Surface Transportation Extension Act of
2015, Part II’’ each place it appears in subsection (b)(2) and
inserting ‘‘FAST Act’’, and
(2) by striking ‘‘December 5, 2015’’ in subsection (d)(2)
and inserting ‘‘October 1, 2020’’.
(c) L
EAKING
U
NDERGROUND
S
TORAGE
T
ANK
T
RUST
F
UND
.—Sec-
tion 9508(e)(2) of such Code is amended by striking ‘‘December
5, 2015’’ and inserting ‘‘October 1, 2020’’.
SEC. 31102. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) I
N
G
ENERAL
.—
(1) Each of the following provisions of the Internal Revenue
Code of 1986 is amended by striking ‘‘September 30, 2016’’
and inserting ‘‘September 30, 2022’’:
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is amended
by striking ‘‘October 1, 2016’’ and inserting ‘‘October 1, 2022’’:
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) E
XTENSION OF
T
AX
, E
TC
.,
ON
U
SE OF
C
ERTAIN
H
EAVY
V
EHICLES
.—Each of the following provisions of the Internal Revenue
Code of 1986 is amended by striking ‘‘2017’’ each place it appears
and inserting ‘‘2023’’:
(1) Section 4481(f).
(2) Subsections (c)(4) and (d) of section 4482.
(c) F
LOOR
S
TOCKS
R
EFUNDS
.—Section 6412(a)(1) of the Internal
Revenue Code of 1986 is amended—
(1) by striking ‘‘October 1, 2016’’ each place it appears
and inserting ‘‘October 1, 2022’’;
(2) by striking ‘‘March 31, 2017’’ each place it appears
and inserting ‘‘March 31, 2023’’; and
(3) by striking ‘‘January 1, 2017’’ and inserting ‘‘January
1, 2023’’.
(d) E
XTENSION OF
C
ERTAIN
E
XEMPTIONS
.—
(1) Section 4221(a) of the Internal Revenue Code of 1986
is amended by striking ‘‘October 1, 2016’’ and inserting ‘‘October
1, 2022’’.
(2) Section 4483(i) of such Code is amended by striking
‘‘October 1, 2017’’ and inserting ‘‘October 1, 2023’’.
(e) E
XTENSION OF
T
RANSFERS OF
C
ERTAIN
T
AXES
.—
(1) I
N GENERAL
.—Section 9503 of the Internal Revenue
Code of 1986 is amended—
(A) in subsection (b)—
(i) by striking ‘‘October 1, 2016’’ each place it
appears in paragraphs (1) and (2) and inserting
‘‘October 1, 2022’’;
26 USC 9503.
26 USC 4483.
26 USC 4221.
26 USC 6412.
26 USC 4482.
26 USC 4481.
26 USC 4071.
26 USC 4051.
26 USC 4081.
26 USC 4041.
26 USC 9508.
26 USC 9504.
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129 STAT. 1728 PUBLIC LAW 114–94—DEC. 4, 2015
(ii) by striking ‘‘O
CTOBER 1
,
2016
’’ in the heading
of paragraph (2) and inserting ‘‘O
CTOBER 1
,
2022
’’;
(iii) by striking ‘‘September 30, 2016’’ in paragraph
(2) and inserting ‘‘September 30, 2022’’; and
(iv) by striking ‘‘July 1, 2017’’ in paragraph (2)
and inserting ‘‘July 1, 2023’’; and
(B) in subsection (c)(2), by striking ‘‘July 1, 2017’’ and
inserting ‘‘July 1, 2023’’.
(2) M
OTORBOAT AND SMALL
-
ENGINE FUEL TAX TRANSFERS
.—
(A) I
N GENERAL
.—Paragraphs (3)(A)(i) and (4)(A) of
section 9503(c) of such Code are each amended by striking
‘‘October 1, 2016’’ and inserting ‘‘October 1, 2022’’.
(B) C
ONFORMING AMENDMENTS TO LAND AND WATER
CONSERVATION FUND
.—Section 200310 of title 54, United
States Code, is amended—
(i) by striking ‘‘October 1, 2017’’ each place it
appears and inserting ‘‘October 1, 2023’’; and
(ii) by striking ‘‘October 1, 2016’’ and inserting
‘‘October 1, 2022’’.
(f) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall take effect on October 1, 2016.
Subtitle B—Additional Transfers to
Highway Trust Fund
SEC. 31201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code
of 1986 is amended by redesignating paragraph (8) as paragraph
(10) and inserting after paragraph (7) the following new paragraphs:
‘‘(8) F
URTHER TRANSFERS TO TRUST FUND
.—Out of money
in the Treasury not otherwise appropriated, there is hereby
appropriated—
‘‘(A) $51,900,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) in the Highway Trust Fund;
and
‘‘(B) $18,100,000,000 to the Mass Transit Account in
the Highway Trust Fund.
‘‘(9) A
DDITIONAL INCREASE IN FUND BALANCE
.—There is
hereby transferred to the Highway Account (as defined in sub-
section (e)(5)(B)) in the Highway Trust Fund amounts appro-
priated from the Leaking Underground Storage Tank Trust
Fund under section 9508(c)(4).’’.
SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR
VEHICLE SAFETY PENALTIES.
(a) I
N
G
ENERAL
.—Paragraph (5) of section 9503(b) of the
Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘There are hereby’’ and inserting the fol-
lowing:
‘‘(A) I
N GENERAL
.—There are hereby’’, and
(2) by adding at the end the following new paragraph:
‘‘(B) P
ENALTIES RELATED TO MOTOR VEHICLE SAFETY
.—
‘‘(i) I
N GENERAL
.—There are hereby appropriated
to the Highway Trust Fund amounts equivalent to
covered motor vehicle safety penalty collections.
26 USC 4041
note.
54 USC 200310.
26 USC 9503.
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129 STAT. 1729 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(ii) C
OVERED MOTOR VEHICLE SAFETY PENALTY
COLLECTIONS
.—For purposes of this subparagraph, the
term ‘covered motor vehicle safety penalty collections’
means any amount collected in connection with a civil
penalty under section 30165 of title 49, United States
Code, reduced by any award authorized by the Sec-
retary of Transportation to be paid to any person in
connection with information provided by such person
related to a violation of chapter 301 of such title which
is a predicate to such civil penalty.’’.
(b) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply to amounts collected after the date of the enactment
of this Act.
SEC. 31203. APPROPRIATION FROM LEAKING UNDERGROUND STOR-
AGE TANK TRUST FUND.
(a) I
N
G
ENERAL
.—Subsection (c) of section 9508 of the Internal
Revenue Code of 1986 is amended by adding at the end the following
new paragraph:
‘‘(4) A
DDITIONAL TRANSFER TO HIGHWAY TRUST FUND
.—Out
of amounts in the Leaking Underground Storage Tank Trust
Fund there is hereby appropriated—
‘‘(A) on the date of the enactment of the FAST Act,
$100,000,000,
‘‘(B) on October 1, 2016, $100,000,000, and
‘‘(C) on October 1, 2017, $100,000,000,
to be transferred under section 9503(f)(9) to the Highway
Account (as defined in section 9503(e)(5)(B)) in the Highway
Trust Fund.’’.
(b) C
ONFORMING
A
MENDMENT
.—Section 9508(c)(1) of the
Internal Revenue Code of 1986 is amended by striking ‘‘paragraphs
(2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and (4)’’.
TITLE XXXII—OFFSETS
Subtitle A—Tax Provisions
SEC. 32101. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CER-
TAIN UNPAID TAXES.
(a) I
N
G
ENERAL
.—Subchapter D of chapter 75 of the Internal
Revenue Code of 1986 is amended by adding at the end the following
new section:
‘‘SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CER-
TAIN TAX DELINQUENCIES.
‘‘(a) I
N
G
ENERAL
.—If the Secretary receives certification by
the Commissioner of Internal Revenue that an individual has a
seriously delinquent tax debt, the Secretary shall transmit such
certification to the Secretary of State for action with respect to
denial, revocation, or limitation of a passport pursuant to section
32101 of the FAST Act.
‘‘(b) S
ERIOUSLY
D
ELINQUENT
T
AX
D
EBT
.—
‘‘(1) I
N GENERAL
.—For purposes of this section, the term
‘seriously delinquent tax debt’ means an unpaid, legally enforce-
able Federal tax liability of an individual—
‘‘(A) which has been assessed,
26 USC 7345
note.
22 USC 2714a.
26 USC 9508.
26 USC 9503
note.
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129 STAT. 1730 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(B) which is greater than $50,000, and
‘‘(C) with respect to which—
‘‘(i) a notice of lien has been filed pursuant to
section 6323 and the administrative rights under sec-
tion 6320 with respect to such filing have been
exhausted or have lapsed, or
‘‘(ii) a levy is made pursuant to section 6331.
‘‘(2) E
XCEPTIONS
.—Such term shall not include—
‘‘(A) a debt that is being paid in a timely manner
pursuant to an agreement to which the individual is party
under section 6159 or 7122, and
‘‘(B) a debt with respect to which collection is sus-
pended with respect to the individual—
‘‘(i) because a due process hearing under section
6330 is requested or pending, or
‘‘(ii) because an election under subsection (b) or
(c) of section 6015 is made or relief under subsection
(f) of such section is requested.
‘‘(c) R
EVERSAL OF
C
ERTIFICATION
.—
‘‘(1) I
N GENERAL
.—In the case of an individual with respect
to whom the Commissioner makes a certification under sub-
section (a), the Commissioner shall notify the Secretary (and
the Secretary shall subsequently notify the Secretary of State)
if such certification is found to be erroneous or if the debt
with respect to such certification is fully satisfied or ceases
to be a seriously delinquent tax debt by reason of subsection
(b)(2).
‘‘(2) T
IMING OF NOTICE
.—
‘‘(A) F
ULL SATISFACTION OF DEBT
.—In the case of a
debt that has been fully satisfied or has become legally
unenforceable, such notification shall be made not later
than the date required for issuing the certificate of release
of lien with respect to such debt under section 6325(a).
‘‘(B) I
NNOCENT SPOUSE RELIEF
.—In the case of an indi-
vidual who makes an election under subsection (b) or (c)
of section 6015, or requests relief under subsection (f) of
such section, such notification shall be made not later
than 30 days after any such election or request.
‘‘(C) I
NSTALLMENT AGREEMENT OR OFFER
-
IN
-
COM
-
PROMISE
.—In the case of an installment agreement under
section 6159 or an offer-in-compromise under section 7122,
such notification shall be made not later than 30 days
after such agreement is entered into or such offer is
accepted by the Secretary.
‘‘(D) E
RRONEOUS CERTIFICATION
.—In the case of a cer-
tification found to be erroneous, such notification shall
be made as soon as practicable after such finding.
‘‘(d) C
ONTEMPORANEOUS
N
OTICE TO
I
NDIVIDUAL
.—The Commis-
sioner shall contemporaneously notify an individual of any certifi-
cation under subsection (a), or any reversal of certification under
subsection (c), with respect to such individual. Such notice shall
include a description in simple and nontechnical terms of the right
to bring a civil action under subsection (e).
‘‘(e) J
UDICIAL
R
EVIEW OF
C
ERTIFICATION
.—
‘‘(1) I
N GENERAL
.—After the Commissioner notifies an indi-
vidual under subsection (d), the taxpayer may bring a civil
action against the United States in a district court of the
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129 STAT. 1731 PUBLIC LAW 114–94—DEC. 4, 2015
United States or the Tax Court to determine whether the
certification was erroneous or whether the Commissioner has
failed to reverse the certification.
‘‘(2) D
ETERMINATION
.—If the court determines that such
certification was erroneous, then the court may order the Sec-
retary to notify the Secretary of State that such certification
was erroneous.
‘‘(f) A
DJUSTMENT FOR
I
NFLATION
.—In the case of a calendar
year beginning after 2016, the dollar amount in subsection (a)
shall be increased by an amount equal to—
‘‘(1) such dollar amount, multiplied by
‘‘(2) the cost-of-living adjustment determined under section
1(f)(3) for the calendar year, determined by substituting ‘cal-
endar year 2015’ for ‘calendar year 1992’ in subparagraph (B)
thereof.
If any amount as adjusted under the preceding sentence is not
a multiple of $1,000, such amount shall be rounded to the nearest
multiple of $1,000.
‘‘(g) D
ELEGATION OF
C
ERTIFICATION
.—A certification under sub-
section (a) or reversal of certification under subsection (c) may
only be delegated by the Commissioner of Internal Revenue to
the Deputy Commissioner for Services and Enforcement, or the
Commissioner of an operating division, of the Internal Revenue
Service.’’.
(b) I
NFORMATION
I
NCLUDED IN
N
OTICE OF
L
IEN AND
L
EVY
.—
(1) N
OTICE OF LIEN
.—Section 6320(a)(3) of such Code is
amended by striking ‘‘and’’ at the end of subparagraph (C),
by striking the period at the end of subparagraph (D) and
inserting ‘‘; and’’, and by adding at the end the following new
subparagraph:
‘‘(E) the provisions of section 7345 relating to the cer-
tification of seriously delinquent tax debts and the denial,
revocation, or limitation of passports of individuals with
such debts pursuant to section 32101 of the FAST Act.’’.
(2) N
OTICE OF LEVY
.—Section 6331(d)(4) of such Code is
amended by striking ‘‘and’’ at the end of subparagraph (E),
by striking the period at the end of subparagraph (F) and
inserting ‘‘, and’’, and by adding at the end the following new
subparagraph:
‘‘(G) the provisions of section 7345 relating to the cer-
tification of seriously delinquent tax debts and the denial,
revocation, or limitation of passports of individuals with
such debts pursuant to section 32101 of the FAST Act.’’.
(c) A
UTHORITY FOR
I
NFORMATION
S
HARING
.—
(1) I
N GENERAL
.—Section 6103(k) of such Code is amended
by adding at the end the following new paragraph:
‘‘(11) D
ISCLOSURE OF RETURN INFORMATION TO DEPARTMENT
OF STATE FOR PURPOSES OF PASSPORT REVOCATION UNDER SEC
-
TION
7345.—
‘‘(A) I
N GENERAL
.—The Secretary shall, upon receiving
a certification described in section 7345, disclose to the
Secretary of State return information with respect to a
taxpayer who has a seriously delinquent tax debt described
in such section. Such return information shall be limited
to—
‘‘(i) the taxpayer identity information with respect
to such taxpayer, and
26 USC 6103.
26 USC 6320.
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129 STAT. 1732 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(ii) the amount of such seriously delinquent tax
debt.
‘‘(B) R
ESTRICTION ON DISCLOSURE
.—Return information
disclosed under subparagraph (A) may be used by officers
and employees of the Department of State for the purposes
of, and to the extent necessary in, carrying out the require-
ments of section 32101 of the FAST Act.’’.
(2) C
ONFORMING AMENDMENT
.—Paragraph (4) of section
6103(p) of such Code is amended by striking ‘‘or (10)’’ each
place it appears in subparagraph (F)(ii) and in the matter
preceding subparagraph (A) and inserting ‘‘, (10), or (11)’’
(d) T
IME FOR
C
ERTIFICATION OF
S
ERIOUSLY
D
ELINQUENT
T
AX
D
EBT
P
OSTPONED BY
R
EASON OF
S
ERVICE IN
C
OMBAT
Z
ONE
.—Section
7508(a) of such Code is amended by striking the period at the
end of paragraph (2) and inserting ‘‘; and’’ and by adding at the
end the following new paragraph:
‘‘(3) Any certification of a seriously delinquent tax debt
under section 7345.’’.
(e) A
UTHORITY TO
D
ENY OR
R
EVOKE
P
ASSPORT
.—
(1) D
ENIAL
.—
(A) I
N GENERAL
.—Except as provided under subpara-
graph (B), upon receiving a certification described in section
7345 of the Internal Revenue Code of 1986 from the Sec-
retary of the Treasury, the Secretary of State shall not
issue a passport to any individual who has a seriously
delinquent tax debt described in such section.
(B) E
MERGENCY AND HUMANITARIAN SITUATIONS
.—Not-
withstanding subparagraph (A), the Secretary of State may
issue a passport, in emergency circumstances or for
humanitarian reasons, to an individual described in such
subparagraph.
(2) R
EVOCATION
.—
(A) I
N GENERAL
.—The Secretary of State may revoke
a passport previously issued to any individual described
in paragraph (1)(A).
(B) L
IMITATION FOR RETURN TO UNITED STATES
.—If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may—
(i) limit a previously issued passport only for
return travel to the United States; or
(ii) issue a limited passport that only permits
return travel to the United States.
(3) H
OLD HARMLESS
.—The Secretary of the Treasury, the
Secretary of State, and any of their designees shall not be
liable to an individual for any action with respect to a certifi-
cation by the Commissioner of Internal Revenue under section
7345 of the Internal Revenue Code of 1986.
(f) R
EVOCATION OR
D
ENIAL OF
P
ASSPORT IN
C
ASE OF
I
NDIVIDUAL
W
ITHOUT
S
OCIAL
S
ECURITY
A
CCOUNT
N
UMBER
.—
(1) D
ENIAL
.—
(A) I
N GENERAL
.—Except as provided under subpara-
graph (B), upon receiving an application for a passport
from an individual that either—
(i) does not include the social security account
number issued to that individual, or
26 USC 7508.
26 USC 6103.
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129 STAT. 1733 PUBLIC LAW 114–94—DEC. 4, 2015
(ii) includes an incorrect or invalid social security
number willfully, intentionally, negligently, or reck-
lessly provided by such individual,
the Secretary of State is authorized to deny such applica-
tion and is authorized to not issue a passport to the indi-
vidual.
(B) E
MERGENCY AND HUMANITARIAN SITUATIONS
.—Not-
withstanding subparagraph (A), the Secretary of State may
issue a passport, in emergency circumstances or for
humanitarian reasons, to an individual described in
subparagraph (A).
(2) R
EVOCATION
.—
(A) I
N GENERAL
.—The Secretary of State may revoke
a passport previously issued to any individual described
in paragraph (1)(A).
(B) L
IMITATION FOR RETURN TO UNITED STATES
.—If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may—
(i) limit a previously issued passport only for
return travel to the United States; or
(ii) issue a limited passport that only permits
return travel to the United States.
(g) R
EMOVAL OF
C
ERTIFICATION
F
ROM
R
ECORD
W
HEN
D
EBT
C
EASES TO
B
E
S
ERIOUSLY
D
ELINQUENT
.—If pursuant to subsection
(c) or (e) of section 7345 of the Internal Revenue Code of 1986
the Secretary of State receives from the Secretary of the Treasury
a notice that an individual ceases to have a seriously delinquent
tax debt, the Secretary of State shall remove from the individual’s
record the certification with respect to such debt.
(h) C
LERICAL
A
MENDMENT
.—The table of sections for subchapter
D of chapter 75 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
‘‘Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.’’.
(i) E
FFECTIVE
D
ATE
.—The provisions of, and amendments made
by, this section shall take effect on the date of the enactment
of this Act.
SEC. 32102. REFORM OF RULES RELATING TO QUALIFIED TAX COLLEC-
TION CONTRACTS.
(a) R
EQUIREMENT
T
O
C
OLLECT
C
ERTAIN
I
NACTIVE
T
AX
R
ECEIV
-
ABLES
U
NDER
Q
UALIFIED
T
AX
C
OLLECTION
C
ONTRACTS
.—Section
6306 of the Internal Revenue Code of 1986 is amended by redesig-
nating subsections (c) through (f) as subsections (d) through (g),
respectively, and by inserting after subsection (b) the following
new subsection:
‘‘(c) C
OLLECTION OF
I
NACTIVE
T
AX
R
ECEIVABLES
.—
‘‘(1) I
N GENERAL
.—Notwithstanding any other provision of
law, the Secretary shall enter into one or more qualified tax
collection contracts for the collection of all outstanding inactive
tax receivables.
‘‘(2) I
NACTIVE TAX RECEIVABLES
.—For purposes of this sec-
tion—
‘‘(A) I
N GENERAL
.—The term ‘inactive tax receivable’
means any tax receivable if—
26 USC 6306.
26 USC
prec. 7341.
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129 STAT. 1734 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(i) at any time after assessment, the Internal
Revenue Service removes such receivable from the
active inventory for lack of resources or inability to
locate the taxpayer,
‘‘(ii) more than
1
⁄
3
of the period of the applicable
statute of limitation has lapsed and such receivable
has not been assigned for collection to any employee
of the Internal Revenue Service, or
‘‘(iii) in the case of a receivable which has been
assigned for collection, more than 365 days have passed
without interaction with the taxpayer or a third party
for purposes of furthering the collection of such receiv-
able.
‘‘(B) T
AX RECEIVABLE
.—The term ‘tax receivable’ means
any outstanding assessment which the Internal Revenue
Service includes in potentially collectible inventory.’’.
(b) C
ERTAIN
T
AX
R
ECEIVABLES
N
OT
E
LIGIBLE FOR
C
OLLECTION
U
NDER
Q
UALIFIED
T
AX
C
OLLECTION
C
ONTRACTS
.—Section 6306 of
the Internal Revenue Code of 1986, as amended by subsection
(a), is amended by redesignating subsections (d) through (g) as
subsections (e) through (h), respectively, and by inserting after
subsection (c) the following new subsection:
‘‘(d) C
ERTAIN
T
AX
R
ECEIVABLES
N
OT
E
LIGIBLE FOR
C
OLLECTION
U
NDER
Q
UALIFIED
T
AX
C
OLLECTIONS
C
ONTRACTS
.—A tax receivable
shall not be eligible for collection pursuant to a qualified tax collec-
tion contract if such receivable—
‘‘(1) is subject to a pending or active offer-in-compromise
or installment agreement,
‘‘(2) is classified as an innocent spouse case,
‘‘(3) involves a taxpayer identified by the Secretary as
being—
‘‘(A) deceased,
‘‘(B) under the age of 18,
‘‘(C) in a designated combat zone, or
‘‘(D) a victim of tax-related identity theft,
‘‘(4) is currently under examination, litigation, criminal
investigation, or levy, or
‘‘(5) is currently subject to a proper exercise of a right
of appeal under this title.’’.
(c) C
ONTRACTING
P
RIORITY
.—Section 6306 of the Internal Rev-
enue Code of 1986, as amended by the preceding provisions of
this section, is amended by redesignating subsection (h) as sub-
section (i) and by inserting after subsection (g) the following new
subsection:
‘‘(h) C
ONTRACTING
P
RIORITY
.—In contracting for the services
of any person under this section, the Secretary shall utilize private
collection contractors and debt collection centers on the schedule
required under section 3711(g) of title 31, United States Code,
including the technology and communications infrastructure estab-
lished therein, to the extent such private collection contractors
and debt collection centers are appropriate to carry out the purposes
of this section.’’.
(d) D
ISCLOSURE OF
R
ETURN
I
NFORMATION
.—Section 6103(k) of
the Internal Revenue Code of 1986, as amended by section 32101,
is amended by adding at the end the following new paragraph:
‘‘(12) Q
UALIFIED TAX COLLECTION CONTRACTORS
.—Persons
providing services pursuant to a qualified tax collection contract
26 USC 6103.
26 USC 6306.
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129 STAT. 1735 PUBLIC LAW 114–94—DEC. 4, 2015
under section 6306 may, if speaking to a person who has
identified himself or herself as having the name of the taxpayer
to which a tax receivable (within the meaning of such section)
relates, identify themselves as contractors of the Internal Rev-
enue Service and disclose the business name of the contractor,
and the nature, subject, and reason for the contact. Disclosures
under this paragraph shall be made only in such situations
and under such conditions as have been approved by the Sec-
retary.’’.
(e) T
AXPAYERS
A
FFECTED BY
F
EDERALLY
D
ECLARED
D
ISAS
-
TERS
.—Section 6306 of the Internal Revenue Code of 1986, as
amended by the preceding provisions of this section, is amended
by redesignating subsection (i) as subsection (j) and by inserting
after subsection (h) the following new subsection:
‘‘(i) T
AXPAYERS IN
P
RESIDENTIALLY
D
ECLARED
D
ISASTER
A
REAS
.—The Secretary may prescribe procedures under which a
taxpayer determined to be affected by a Federally declared disaster
(as defined by section 165(i)(5)) may request—
‘‘(1) relief from immediate collection measures by contrac-
tors under this section, and
‘‘(2) a return of the inactive tax receivable to the inventory
of the Internal Revenue Service to be collected by an employee
thereof.’’.
(f) R
EPORT TO
C
ONGRESS
.—
(1) I
N GENERAL
.—Section 6306 of the Internal Revenue
Code of 1986, as amended by the preceding provisions of this
section, is amended by redesignating subsection (j) as sub-
section (k) and by inserting after subsection (i) the following
new subsection:
‘‘(j) R
EPORT TO
C
ONGRESS
.—Not later than 90 days after the
last day of each fiscal year (beginning with the first such fiscal
year ending after the date of the enactment of this subsection),
the Secretary shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate a report with respect to qualified tax collection con-
tracts under this section which shall include—
‘‘(1) annually, with respect to such fiscal year—
‘‘(A) the total number and amount of tax receivables
provided to each contractor for collection under this section,
‘‘(B) the total amounts collected (and amounts of
installment agreements entered into under subsection
(b)(1)(B)) with respect to each contractor and the collection
costs incurred (directly and indirectly) by the Internal Rev-
enue Service with respect to such amounts,
‘‘(C) the impact of such contracts on the total number
and amount of unpaid assessments, and on the number
and amount of assessments collected by Internal Revenue
Service personnel after initial contact by a contractor,
‘‘(D) the amount of fees retained by the Secretary under
subsection (e) and a description of the use of such funds,
and
‘‘(E) a disclosure safeguard report in a form similar
to that required under section 6103(p)(5), and
‘‘(2) biannually (beginning with the second report submitted
under this subsection)—
‘‘(A) an independent evaluation of contractor perform-
ance, and
26 USC 6306.
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129 STAT. 1736 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(B) a measurement plan that includes a comparison
of the best practices used by the private collectors to the
collection techniques used by the Internal Revenue Service
and mechanisms to identify and capture information on
successful collection techniques used by the contractors
that could be adopted by the Internal Revenue Service.’’.
(2) R
EPEAL OF EXISTING REPORTING REQUIREMENTS WITH
RESPECT TO QUALIFIED TAX COLLECTION CONTRACTS
.—Section
881 of the American Jobs Creation Act of 2004 is amended
by striking subsection (e).
(g) E
FFECTIVE
D
ATES
.—
(1) I
N GENERAL
.—The amendments made by subsections
(a) and (b) shall apply to tax receivables identified by the
Secretary after the date of the enactment of this Act.
(2) C
ONTRACTING PRIORITY
.—The Secretary shall begin
entering into contracts and agreements as described in the
amendment made by subsection (c) within 3 months after the
date of the enactment of this Act.
(3) D
ISCLOSURES
.—The amendment made by subsection (d)
shall apply to disclosures made after the date of the enactment
of this Act.
(4) P
ROCEDURES
;
REPORT TO CONGRESS
.—The amendments
made by subsections (e) and (f) shall take effect on the date
of the enactment of this Act.
SEC. 32103. SPECIAL COMPLIANCE PERSONNEL PROGRAM.
(a) I
N
G
ENERAL
.—Subsection (e) of section 6306 of the Internal
Revenue Code of 1986, as redesignated by section 52106, is amended
by striking ‘‘for collection enforcement activities of the Internal
Revenue Service’’ in paragraph (2) and inserting ‘‘to fund the special
compliance personnel program account under section 6307’’.
(b) S
PECIAL
C
OMPLIANCE
P
ERSONNEL
P
ROGRAM
A
CCOUNT
.—Sub-
chapter A of chapter 64 of the Internal Revenue Code of 1986
is amended by adding at the end the following new section:
‘‘SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT.
‘‘(a) E
STABLISHMENT OF A
S
PECIAL
C
OMPLIANCE
P
ERSONNEL
P
ROGRAM
A
CCOUNT
.—The Secretary shall establish an account
within the Department for carrying out a program consisting of
the hiring, training, and employment of special compliance per-
sonnel, and shall transfer to such account from time to time
amounts retained by the Secretary under section 6306(e)(2).
‘‘(b) R
ESTRICTIONS
.—The program described in subsection (a)
shall be subject to the following restrictions:
‘‘(1) No funds shall be transferred to such account except
as described in subsection (a).
‘‘(2) No other funds from any other source shall be expended
for special compliance personnel employed under such program,
and no funds from such account shall be expended for the
hiring of any personnel other than special compliance personnel.
‘‘(3) Notwithstanding any other authority, the Secretary
is prohibited from spending funds out of such account for any
purpose other than for costs under such program associated
with the employment of special compliance personnel and the
retraining and reassignment of current noncollections personnel
as special compliance personnel, and to reimburse the Internal
Revenue Service or other government agencies for the cost
26 USC 6307.
26 USC 6306.
26 USC 6306
note.
26 USC 6103
note.
26 USC 6306
note.
26 USC 6306
note.
26 USC 6306
note.
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129 STAT. 1737 PUBLIC LAW 114–94—DEC. 4, 2015
of administering qualified tax collection contracts under section
6306.
‘‘(c) R
EPORTING
.—Not later than March of each year, the
Commissioner of Internal Revenue shall submit a report to the
Committees on Finance and Appropriations of the Senate and the
Committees on Ways and Means and Appropriations of the House
of Representatives consisting of the following:
‘‘(1) For the preceding fiscal year, all funds received in
the account established under subsection (a), administrative
and program costs for the program described in such subsection,
the number of special compliance personnel hired and employed
under the program, and the amount of revenue actually col-
lected by such personnel.
‘‘(2) For the current fiscal year, all actual and estimated
funds received or to be received in the account, all actual
and estimated administrative and program costs, the number
of all actual and estimated special compliance personnel hired
and employed under the program, and the actual and estimated
revenue actually collected or to be collected by such personnel.
‘‘(3) For the following fiscal year, an estimate of all funds
to be received in the account, all estimated administrative
and program costs, the estimated number of special compliance
personnel hired and employed under the program, and the
estimated revenue to be collected by such personnel.
‘‘(d) D
EFINITIONS
.—For purposes of this section—
‘‘(1) S
PECIAL COMPLIANCE PERSONNEL
.—The term ‘special
compliance personnel’ means individuals employed by the
Internal Revenue Service as field function collection officers
or in a similar position, or employed to collect taxes using
the automated collection system or an equivalent replacement
system.
‘‘(2) P
ROGRAM COSTS
.—The term ‘program costs’ means—
‘‘(A) total salaries (including locality pay and bonuses),
benefits, and employment taxes for special compliance per-
sonnel employed or trained under the program described
in subsection (a), and
‘‘(B) direct overhead costs, salaries, benefits, and
employment taxes relating to support staff, rental pay-
ments, office equipment and furniture, travel, data proc-
essing services, vehicle costs, utilities, telecommunications,
postage, printing and reproduction, supplies and materials,
lands and structures, insurance claims, and indemnities
for special compliance personnel hired and employed under
this section.
For purposes of subparagraph (B), the cost of management
and supervision of special compliance personnel shall be taken
into account as direct overhead costs to the extent such costs,
when included in total program costs under this paragraph,
do not represent more than 10 percent of such total costs.’’.
(c) C
LERICAL
A
MENDMENT
.—The table of sections for subchapter
A of chapter 64 of the Internal Revenue Code of 1986 is amended
by inserting after the item relating to section 6306 the following
new item:
‘‘Sec. 6307. Special compliance personnel program account.’’.
26 USC
prec. 6301.
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129 STAT. 1738 PUBLIC LAW 114–94—DEC. 4, 2015
(d) E
FFECTIVE
D
ATE
.—The amendment made by subsection (a)
shall apply to amounts collected and retained by the Secretary
after the date of the enactment of this Act.
SEC. 32104. REPEAL OF MODIFICATION OF AUTOMATIC EXTENSION
OF RETURN DUE DATE FOR CERTAIN EMPLOYEE BEN-
EFIT PLANS.
(a) I
N
G
ENERAL
.—Section 2006(b) of the Surface Transportation
and Veterans Health Care Choice Improvement Act of 2015 is
amended by striking paragraph (3).
(b) E
FFECTIVE
D
ATE
.—The amendment made by this section
shall apply to returns for taxable years beginning after December
31, 2015.
Subtitle B—Fees and Receipts
SEC. 32201. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN CUS-
TOMS SERVICES.
(a) I
N
G
ENERAL
.—Section 13031 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by
adding at the end the following:
‘‘(l) A
DJUSTMENT OF
F
EES FOR
I
NFLATION
.—
‘‘(1) I
N GENERAL
.—The Secretary of the Treasury shall
adjust the fees established under subsection (a), and the limita-
tions on such fees under paragraphs (2), (3), (5), (6), (8), and
(9) of subsection (b), on April 1, 2016, and at the beginning
of each fiscal year thereafter, to reflect the percentage (if any)
of the increase in the average of the Consumer Price Index
for the preceding 12-month period compared to the Consumer
Price Index for fiscal year 2014.
‘‘(2) S
PECIAL RULES FOR CALCULATION OF ADJUSTMENT
.—
In adjusting under paragraph (1) the amount of the fees estab-
lished under subsection (a), and the limitations on such fees
under paragraphs (2), (3), (5), (6), (8), and (9) of subsection
(b), the Secretary—
‘‘(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
‘‘(B) may ignore any such increase of less than 1 per-
cent.
‘‘(3) C
ONSUMER PRICE INDEX DEFINED
.—For purposes of this
subsection, the term ‘Consumer Price Index’ means the Con-
sumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.’’.
(b) U
SE OF
F
EES
.—The fees collected as a result of the amend-
ments made by this section shall be deposited in the Customs
User Fee Account, shall be available for reimbursement of customs
services and inspections costs, and shall be available only to the
extent provided in appropriations Acts.
(c) C
ONFORMING
A
MENDMENTS
.—Section 13031 of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c),
as amended by subsections (a) and (b), is further amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ‘‘(subject to adjustment under subsection (l))’’
after ‘‘following fees’’; and
(2) in subsection (b)—
19 USC 58c note.
26 USC 6081
note.
26 USC 6081
note.
26 USC 6306
note.
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129 STAT. 1739 PUBLIC LAW 114–94—DEC. 4, 2015
(A) in paragraph (2), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’;
(B) in paragraph (3), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’;
(C) in paragraph (5)(A), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’;
(D) in paragraph (6), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘in fees’’;
(E) in paragraph (8)(A)—
(i) in clause (i), by inserting ‘‘or (l)’’ after ‘‘sub-
section (a)(9)(B)’’; and
(ii) in clause (ii), by inserting ‘‘(subject to adjust-
ment under subsection (l))’’ after ‘‘$3’’; and
(F) in paragraph (9)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i), by
inserting ‘‘and subject to adjustment under sub-
section (l)’’ after ‘‘Tariff Act of 1930’’; and
(II) in clause (ii)(I), by inserting ‘‘(subject to
adjustment under subsection (l))’’ after ‘‘bill of
lading’’; and
(ii) in subparagraph (B)(i), by inserting ‘‘(subject
to adjustment under subsection (l))’’ after ‘‘bill of
lading’’.
SEC. 32202. LIMITATION ON SURPLUS FUNDS OF FEDERAL RESERVE
BANKS.
Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a))
is amended by adding at the end the following:
‘‘(3) L
IMITATION ON SURPLUS FUNDS
.—
‘‘(A) I
N GENERAL
.—The aggregate amount of the sur-
plus funds of the Federal reserve banks may not exceed
$10,000,000,000.
‘‘(B) T
RANSFER TO THE GENERAL FUND
.—Any amounts
of the surplus funds of the Federal reserve banks that
exceed, or would exceed, the limitation under subparagraph
(A) shall be transferred to the Board of Governors of the
Federal Reserve System for transfer to the Secretary of
the Treasury for deposit in the general fund of the
Treasury.’’.
SEC. 32203. DIVIDENDS OF FEDERAL RESERVE BANKS.
(a) I
N
G
ENERAL
.—Section 7(a)(1) of the Federal Reserve Act
(12 15 U.S.C. 289(a)(1)) is amended—
(1) by amending subparagraph (A) to read as follows:
‘‘(A) D
IVIDEND AMOUNT
.—After all necessary expenses
of a Federal reserve bank have been paid or provided
for, the stockholders of the bank shall be entitled to receive
an annual dividend on paid-in capital stock of—
‘‘(i) in the case of a stockholder with total consoli-
dated assets of more than $10,000,000,000, the smaller
of—
‘‘(I) the rate equal to the high yield of the
10-year Treasury note auctioned at the last auction
held prior to the payment of such dividend; and
‘‘(II) 6 percent; and
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129 STAT. 1740 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(ii) in the case of a stockholder with total consoli-
dated assets of $10,000,000,000 or less, 6 percent.’’;
and
(2) by adding at the end the following:
‘‘(C) I
NFLATION ADJUSTMENT
.—The Board of Governors
of the Federal Reserve System shall annually adjust the
dollar amounts of total consolidated assets specified under
subparagraph (A) to reflect the change in the Gross
Domestic Product Price Index, published by the Bureau
of Economic Analysis.’’.
(b) E
FFECTIVE
D
ATE
.—The amendments made by subsection
(a) shall take effect on January 1, 2016.
SEC. 32204. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
(a) D
RAWDOWN AND
S
ALE
.—
(1) I
N GENERAL
.—Notwithstanding section 161 of the
Energy Policy and Conservation Act (42 U.S.C. 6241), except
as provided in subsections (b) and (c), the Secretary of Energy
shall drawdown and sell from the Strategic Petroleum
Reserve—
(A) the quantity of barrels of crude oil that the Sec-
retary of Energy determines to be appropriate to maximize
the financial return to United States taxpayers for each
of fiscal years 2016 and 2017;
(B) 16,000,000 barrels of crude oil during fiscal year
2023;
(C) 25,000,000 barrels of crude oil during fiscal year
2024; and
(D) 25,000,000 barrels of crude oil during fiscal year
2025.
(2) D
EPOSIT OF AMOUNTS RECEIVED FROM SALE
.—Amounts
received from a sale under paragraph (1) shall be deposited
in the general fund of the Treasury during the fiscal year
in which the sale occurs.
(b) E
MERGENCY
P
ROTECTION
.—The Secretary shall not draw
down and sell crude oil under this section in quantities that would
limit the authority to sell petroleum products under section 161(h)
of the Energy Policy and Conservation Act (42 U.S.C. 6241(h))
in the full quantity authorized by that subsection.
(c) I
NCREASE
; L
IMITATION
.—
(1) I
NCREASE
.—The Secretary of Energy may increase the
drawdown and sales under subparagraphs (A) through (I) of
subsection (a)(1) as the Secretary of Energy determines to be
appropriate to maximize the financial return to United States
taxpayers.
(2) L
IMITATION
.—The Secretary of Energy shall not draw-
down or conduct sales of crude oil under this section after
the date on which a total of $6,200,000,000 has been deposited
in the general fund of the Treasury from sales authorized
under this section.
SEC. 32205. REPEAL.
Effective as of November 2, 2015, the date of the enactment
of the Bipartisan Budget Act of 2015 (Public Law 114–74), section
201 of such Act and the amendments made by such section are
repealed, and the provisions of law amended by such section are
hereby restored to appear as if such section had not been enacted
into law.
7 USC 1508 and
note.
42 USC 6241
note.
12 USC 289 note.
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129 STAT. 1741 PUBLIC LAW 114–94—DEC. 4, 2015
Subtitle C—Outlays
SEC. 32301. INTEREST ON OVERPAYMENT.
Section 111 of the Federal Oil and Gas Royalty Management
Act of 1982 (30 U.S.C. 1721) is amended—
(1) by striking subsections (h) and (i);
(2) by redesignating subsections (j) through (l) as sub-
sections (h) through (j), respectively; and
(3) in subsection (h) (as so redesignated), by striking the
fourth sentence.
Subtitle D—Budgetary Effects
SEC. 32401. BUDGETARY EFFECTS.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statu-
tory Pay-As-You-Go Act of 2010.
DIVISION D—MISCELLANEOUS
TITLE XLI—FEDERAL PERMITTING
IMPROVEMENT
SEC. 41001. DEFINITIONS.
In this title:
(1) A
GENCY
.—The term ‘‘agency’’ has the meaning given
the term in section 551 of title 5, United States Code.
(2) A
GENCY CERPO
.—The term ‘‘agency CERPO’’ means the
chief environmental review and permitting officer of an agency,
as designated by the head of the agency under section
41002(b)(2)(A)(iii)(I).
(3) A
UTHORIZATION
.—The term ‘‘authorization’’ means any
license, permit, approval, finding, determination, or other
administrative decision issued by an agency that is required
or authorized under Federal law in order to site, construct,
reconstruct, or commence operations of a covered project
administered by a Federal agency or, in the case of a State
that chooses to participate in the environmental review and
authorization process in accordance with section 41003(c)(3)(A),
a State agency.
(4) C
OOPERATING AGENCY
.—The term ‘‘cooperating agency’’
means any agency with—
(A) jurisdiction under Federal law; or
(B) special expertise as described in section 1501.6
of title 40, Code of Federal Regulations (as in effect on
the date of enactment of this Act).
(5) C
OUNCIL
.—The term ‘‘Council’’ means the Federal Infra-
structure Permitting Improvement Steering Council established
under section 41002(a).
(6) C
OVERED PROJECT
.—
(A) I
N GENERAL
.—The term ‘‘covered project’’ means
any activity in the United States that requires authoriza-
tion or environmental review by a Federal agency involving
42 USC 4370m
note.
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129 STAT. 1742 PUBLIC LAW 114–94—DEC. 4, 2015
construction of infrastructure for renewable or conventional
energy production, electricity transmission, surface
transportation, aviation, ports and waterways, water
resource projects, broadband, pipelines, manufacturing, or
any other sector as determined by a majority vote of the
Council that—
(i)(I) is subject to NEPA;
(II) is likely to require a total investment of more
than $200,000,000; and
(III) does not qualify for abbreviated authorization
or environmental review processes under any
applicable law; or
(ii) is subject to NEPA and the size and complexity
of which, in the opinion of the Council, make the
project likely to benefit from enhanced oversight and
coordination, including a project likely to require—
(I) authorization from or environmental review
involving more than 2 Federal agencies; or
(II) the preparation of an environmental
impact statement under NEPA.
(B) E
XCLUSION
.—The term ‘‘covered project’’ does not
include—
(i) any project subject to section 139 of title 23,
United States Code; or
(ii) any project subject to section 2045 of the Water
Resources Development Act of 2007 (33 U.S.C. 2348).
(7) D
ASHBOARD
.—The term ‘‘Dashboard’’ means the Permit-
ting Dashboard required under section 41003(b).
(8) E
NVIRONMENTAL ASSESSMENT
.—The term ‘‘environ-
mental assessment’’ means a concise public document for which
a Federal agency is responsible under section 1508.9 of title
40, Code of Federal Regulations (or successor regulations).
(9) E
NVIRONMENTAL DOCUMENT
.—
(A) I
N GENERAL
.—The term ‘‘environmental document’’
means an environmental assessment, finding of no signifi-
cant impact, notice of intent, environmental impact state-
ment, or record of decision.
(B) I
NCLUSIONS
.—The term ‘‘environmental document’’
includes—
(i) any document that is a supplement to a docu-
ment described in subparagraph (A); and
(ii) a document prepared pursuant to a court order.
(10) E
NVIRONMENTAL IMPACT STATEMENT
.—The term
‘‘environmental impact statement’’ means the detailed written
statement required under section 102(2)(C) of NEPA.
(11) E
NVIRONMENTAL REVIEW
.—The term ‘‘environmental
review’’ means the agency procedures and processes for
applying a categorical exclusion or for preparing an environ-
mental assessment, an environmental impact statement, or
other document required under NEPA.
(12) E
XECUTIVE DIRECTOR
.—The term ‘‘Executive Director’’
means the Executive Director appointed by the President under
section 41002(b)(1)(A).
(13) F
ACILITATING AGENCY
.—The term ‘‘facilitating agency’’
means the agency that receives the initial notification from
the project sponsor required under section 41003(a).
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129 STAT. 1743 PUBLIC LAW 114–94—DEC. 4, 2015
(14) I
NVENTORY
.—The term ‘‘inventory’’ means the inven-
tory of covered projects established by the Executive Director
under section 41002(c)(1)(A).
(15) L
EAD AGENCY
.—The term ‘‘lead agency’’ means the
agency with principal responsibility for an environmental
review of a covered project under NEPA and parts 1500 through
1508 of title 40, Code of Federal Regulations (or successor
regulations).
(16) NEPA.—The term ‘‘NEPA’’ means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(17) P
ARTICIPATING AGENCY
.—The term ‘‘participating
agency’’ means an agency participating in an environmental
review or authorization for a covered project in accordance
with section 41003.
(18) P
ROJECT SPONSOR
.—The term ‘‘project sponsor’’ means
an entity, including any private, public, or public-private entity,
seeking an authorization for a covered project.
SEC. 41002. FEDERAL PERMITTING IMPROVEMENT COUNCIL.
(a) E
STABLISHMENT
.—There is established the Federal Permit-
ting Improvement Steering Council.
(b) C
OMPOSITION
.—
(1) C
HAIR
.—The Executive Director shall—
(A) be appointed by the President; and
(B) serve as Chair of the Council.
(2) C
OUNCIL MEMBERS
.—
(A) I
N GENERAL
.—
(i) D
ESIGNATION BY HEAD OF AGENCY
.—Each indi-
vidual listed in subparagraph (B) shall designate a
member of the agency in which the individual serves
to serve on the Council.
(ii) Q
UALIFICATIONS
.—A councilmem-ber described
in clause (i) shall hold a position in the agency of
deputy secretary (or the equivalent) or higher.
(iii) S
UPPORT
.—
(I) I
N GENERAL
.—Consistent with guidance
provided by the Director of the Office of Manage-
ment and Budget, each individual listed in
subparagraph (B) shall designate 1 or more appro-
priate members of the agency in which the indi-
vidual serves to serve as an agency CERPO.
(II) R
EPORTING
.—In carrying out the duties
of the agency CERPO under this title, an agency
CERPO shall report directly to a deputy secretary
(or the equivalent) or higher.
(B) H
EADS OF AGENCIES
.—The individuals that shall
each designate a councilmember under this subparagraph
are as follows:
(i) The Secretary of Agriculture.
(ii) The Secretary of the Army.
(iii) The Secretary of Commerce.
(iv) The Secretary of the Interior.
(v) The Secretary of Energy.
(vi) The Secretary of Transportation.
(vii) The Secretary of Defense.
(viii) The Administrator of the Environmental
Protection Agency.
42 USC 437m–1.
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129 STAT. 1744 PUBLIC LAW 114–94—DEC. 4, 2015
(ix) The Chairman of the Federal Energy Regu-
latory Commission.
(x) The Chairman of the Nuclear Regulatory
Commission.
(xi) The Secretary of Homeland Security.
(xii) The Secretary of Housing and Urban Develop-
ment.
(xiii) The Chairman of the Advisory Council on
Historic Preservation.
(xiv) Any other head of a Federal agency that
the Executive Director may invite to participate as
a member of the Council.
(3) A
DDITIONAL MEMBERS
.—In addition to the members
listed in paragraphs (1) and (2), the Chairman of the Council
on Environmental Quality and the Director of the Office of
Management and Budget shall also be members of the Council.
(c) D
UTIES
.—
(1) E
XECUTIVE DIRECTOR
.—
(A) I
NVENTORY DEVELOPMENT
.—The Executive
Director, in consultation with the Council, shall—
(i) not later than 180 days after the date of enact-
ment of this Act, establish an inventory of covered
projects that are pending the environmental review
or authorization of the head of any Federal agency;
(ii)(I) categorize the projects in the inventory as
appropriate, based on sector and project type; and
(II) for each category, identify the types of environ-
mental reviews and authorizations most commonly
involved; and
(iii) add a covered project to the inventory after
receiving a notice described in section 41003(a)(1).
(B) F
ACILITATING AGENCY DESIGNATION
.—The Execu-
tive Director, in consultation with the Council, shall—
(i) designate a facilitating agency for each category
of covered projects described in subparagraph (A)(ii);
and
(ii) publish the list of designated facilitating agen-
cies for each category of projects in the inventory on
the Dashboard in an easily accessible format.
(C) P
ERFORMANCE SCHEDULES
.—
(i) I
N GENERAL
.—Not later than 1 year after the
date of enactment of this Act, the Executive Director,
in consultation with the Council, shall develop rec-
ommended performance schedules, including inter-
mediate and final completion dates, for environmental
reviews and authorizations most commonly required
for each category of covered projects described in
subparagraph (A)(ii).
(ii) R
EQUIREMENTS
.—
(I) I
N GENERAL
.—The performance schedules
shall reflect employment of the use of the most
efficient applicable processes, including the align-
ment of Federal reviews of projects and reduction
of permitting and project delivery time.
(II) L
IMIT
.—
(aa) I
N GENERAL
.—The final completion
dates in any performance schedule for the
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129 STAT. 1745 PUBLIC LAW 114–94—DEC. 4, 2015
completion of an environmental review or
authorization under clause (i) shall not exceed
the average time to complete an environ-
mental review or authorization for a project
within that category.
(bb) C
ALCULATION OF AVERAGE TIME
.—The
average time referred to in item (aa) shall
be calculated on the basis of data from the
preceding 2 calendar years and shall run from
the period beginning on the date on which
the Executive Director must make a specific
entry for the project on the Dashboard under
section 41003(b)(2) (except that, for projects
initiated before that duty takes effect, the
period beginning on the date of filing of a
completed application), and ending on the date
of the issuance of a record of decision or other
final agency action on the review or authoriza-
tion.
(cc) C
OMPLETION DATE
.—Each perform-
ance schedule shall specify that any decision
by an agency on an environmental review or
authorization must be issued not later than
180 days after the date on which all informa-
tion needed to complete the review or
authorization (including any hearing that an
agency holds on the matter) is in the posses-
sion of the agency.
(iii) R
EVIEW AND REVISION
.—Not later than 2 years
after the date on which the performance schedules
are established under this subparagraph, and not less
frequently than once every 2 years thereafter, the
Executive Director, in consultation with the Council,
shall review and revise the performance schedules.
(D) G
UIDANCE
.—The Executive Director, in consulta-
tion with the Council, may recommend to the Director
of the Office of Management and Budget or to the Council
on Environmental Quality, as appropriate, that guidance
be issued as necessary for agencies—
(i) to carry out responsibilities under this title;
and
(ii) to effectuate the adoption by agencies of the
best practices and recommendations of the Council
described in paragraph (2).
(2) C
OUNCIL
.—
(A) R
ECOMMENDATIONS
.—
(i) I
N GENERAL
.—The Council shall make rec-
ommendations to the Executive Director with respect
to the designations under paragraph (1)(B) and the
performance schedules under paragraph (1)(C).
(ii) U
PDATE
.—The Council may update the rec-
ommendations described in clause (i).
(B) B
EST PRACTICES
.—Not later than 1 year after the
date of enactment of this Act, and not less frequently
than annually thereafter, the Council shall issue rec-
ommendations on the best practices for—
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129 STAT. 1746 PUBLIC LAW 114–94—DEC. 4, 2015
(i) enhancing early stakeholder engagement,
including fully considering and, as appropriate, incor-
porating recommendations provided in public com-
ments on any proposed covered project;
(ii) ensuring timely decisions regarding environ-
mental reviews and authorizations, including through
the development of performance metrics;
(iii) improving coordination between Federal and
non-Federal governmental entities, including through
the development of common data standards and termi-
nology across agencies;
(iv) increasing transparency;
(v) reducing information collection requirements
and other administrative burdens on agencies, project
sponsors, and other interested parties;
(vi) developing and making available to applicants
appropriate geographic information systems and other
tools;
(vii) creating and distributing training materials
useful to Federal, State, tribal, and local permitting
officials; and
(viii) addressing other aspects of infrastructure
permitting, as determined by the Council.
(C) M
EETINGS
.—The Council shall meet not less fre-
quently than annually with groups or individuals rep-
resenting State, tribal, and local governments that are
engaged in the infrastructure permitting process.
(3) A
GENCY CERPOS
.—An agency CERPO shall—
(A) advise the respective agency councilmember on
matters related to environmental reviews and authoriza-
tions;
(B) provide technical support, when requested to facili-
tate efficient and timely processes for environmental
reviews and authorizations for covered projects under the
jurisdictional responsibility of the agency, including sup-
porting timely identification and resolution of potential
disputes within the agency or between the agency and
other Federal agencies;
(C) analyze agency environmental review and
authorization processes, policies, and authorities and make
recommendations to the respective agency councilmember
for ways to standardize, simplify, and improve the efficiency
of the processes, policies, and authorities, including by
implementing guidance issued under paragraph (1)(D) and
other best practices, including the use of information tech-
nology and geographic information system tools within the
agency and across agencies, to the extent consistent with
existing law; and
(D) review and develop training programs for agency
staff that support and conduct environmental reviews or
authorizations.
(d) A
DMINISTRATIVE
S
UPPORT
.—The Director of the Office of
Management and Budget shall designate a Federal agency, other
than an agency that carries out or provides support only for projects
that are not covered projects, to provide administrative support
for the Executive Director, and the designated agency shall, as
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129 STAT. 1747 PUBLIC LAW 114–94—DEC. 4, 2015
reasonably necessary, provide support and staff to enable the Execu-
tive Director to fulfill the duties of the Executive Director under
this title.
SEC. 41003. PERMITTING PROCESS IMPROVEMENT.
(a) P
ROJECT
I
NITIATION AND
D
ESIGNATION OF
P
ARTICIPATING
A
GENCIES
.—
(1) N
OTICE
.—
(A) I
N GENERAL
.—A project sponsor of a covered project
shall submit to the Executive Director and the facilitating
agency notice of the initiation of a proposed covered project.
(B) D
EFAULT DESIGNATION
.—If, at the time of submis-
sion of the notice under subparagraph (A), the Executive
Director has not designated a facilitating agency under
section 41002(c)(1)(B) for the categories of projects noticed,
the agency that receives the notice under subparagraph
(A) shall be designated as the facilitating agency.
(C) C
ONTENTS
.—Each notice described in subparagraph
(A) shall include—
(i) a statement of the purposes and objectives of
the proposed project;
(ii) a concise description, including the general
location of the proposed project and a summary of
geospatial information, if available, illustrating the
project area and the locations, if any, of environmental,
cultural, and historic resources;
(iii) a statement regarding the technical and finan-
cial ability of the project sponsor to construct the pro-
posed project;
(iv) a statement of any Federal financing, environ-
mental reviews, and authorizations anticipated to be
required to complete the proposed project; and
(v) an assessment that the proposed project meets
the definition of a covered project under section 41001
and a statement of reasons supporting the assessment.
(2) I
NVITATION
.—
(A) I
N GENERAL
.—Not later than 45 days after the
date on which the Executive Director must make a specific
entry for the project on the Dashboard under subsection
(b)(2)(A), the facilitating agency or lead agency, as
applicable, shall—
(i) identify all Federal and non-Federal agencies
and governmental entities likely to have financing,
environmental review, authorization, or other respon-
sibilities with respect to the proposed project; and
(ii) invite all Federal agencies identified under
clause (i) to become a participating agency or a cooper-
ating agency, as appropriate, in the environmental
review and authorization management process
described in section 41005.
(B) D
EADLINES
.—Each invitation made under subpara-
graph (A) shall include a deadline for a response to be
submitted to the facilitating or lead agency, as applicable.
(3) P
ARTICIPATING AND COOPERATING AGENCIES
.—
(A) I
N GENERAL
.—An agency invited under paragraph
(2) shall be designated as a participating or cooperating
agency for a covered project, unless the agency informs
42 USC
4370m–2.
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129 STAT. 1748 PUBLIC LAW 114–94—DEC. 4, 2015
the facilitating or lead agency, as applicable, in writing
before the deadline under paragraph (2)(B) that the
agency—
(i) has no jurisdiction or authority with respect
to the proposed project; or
(ii) does not intend to exercise authority related
to, or submit comments on, the proposed project.
(B) C
HANGED CIRCUMSTANCES
.—On request and a
showing of changed circumstances, the Executive Director
may designate an agency that has opted out under subpara-
graph (A)(ii) to be a participating or cooperating agency,
as appropriate.
(4) E
FFECT OF DESIGNATION
.—The designation described
in paragraph (3) shall not—
(A) give the participating agency authority or jurisdic-
tion over the covered project; or
(B) expand any jurisdiction or authority a cooperating
agency may have over the proposed project.
(5) L
EAD AGENCY DESIGNATION
.—
(A) I
N GENERAL
.—On establishment of the lead agency,
the lead agency shall assume the responsibilities of the
facilitating agency under this title.
(B) R
EDESIGNATION OF FACILITATING AGENCY
.—If the
lead agency assumes the responsibilities of the facilitating
agency under subparagraph (A), the facilitating agency may
be designated as a cooperative or participating agency.
(6) C
HANGE OF FACILITATING OR LEAD AGENCY
.—
(A) I
N GENERAL
.—On the request of a participating
agency or project sponsor, the Executive Director may des-
ignate a different agency as the facilitating or lead agency,
as applicable, for a covered project, if the facilitating or
lead agency or the Executive Director receives new informa-
tion regarding the scope or nature of a covered project
that indicates that the project should be placed in a dif-
ferent category under section 41002(c)(1)(B).
(B) R
ESOLUTION OF DISPUTE
.—The Chairman of the
Council on Environmental Quality shall resolve any dispute
over designation of a facilitating or lead agency for a par-
ticular covered project.
(b) P
ERMITTING
D
ASHBOARD
.—
(1) R
EQUIREMENT TO MAINTAIN
.—
(A) I
N GENERAL
.—The Executive Director, in coordina-
tion with the Administrator of General Services, shall
maintain an online database to be known as the ‘‘Permit-
ting Dashboard’’ to track the status of Federal environ-
mental reviews and authorizations for any covered project
in the inventory described in section 41002(c)(1)(A).
(B) S
PECIFIC AND SEARCHABLE ENTRY
.—The Dashboard
shall include a specific and searchable entry for each cov-
ered project.
(2) A
DDITIONS
.—
(A) I
N GENERAL
.—
(i) E
XISTING PROJECTS
.—Not later than 14 days
after the date on which the Executive Director adds
a project to the inventory under section 41002(c)(1)(A),
the Executive Director shall create a specific entry
on the Dashboard for the covered project.
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129 STAT. 1749 PUBLIC LAW 114–94—DEC. 4, 2015
(ii) N
EW PROJECTS
.—Not later than 14 days after
the date on which the Executive Director receives a
notice under subsection (a)(1), the Executive Director
shall create a specific entry on the Dashboard for the
covered project, unless the Executive Director, facili-
tating agency, or lead agency, as applicable, determines
that the project is not a covered project.
(B) E
XPLANATION
.—If the facilitating agency or lead
agency, as applicable, determines that the project is not
a covered project, the project sponsor may submit a further
explanation as to why the project is a covered project
not later than 14 days after the date of the determination
under subparagraph (A).
(C) F
INAL DETERMINATION
.—Not later than 14 days
after receiving an explanation described in subparagraph
(B), the Executive Director shall—
(i) make a final and conclusive determination as
to whether the project is a covered project; and
(ii) if the Executive Director determines that the
project is a covered project, create a specific entry
on the Dashboard for the covered project.
(3) P
OSTINGS BY AGENCIES
.—
(A) I
N GENERAL
.—For each covered project added to
the Dashboard under paragraph (2), the facilitating or lead
agency, as applicable, and each cooperating and partici-
pating agency shall post to the Dashboard—
(i) a hyperlink that directs to a website that con-
tains, to the extent consistent with applicable law—
(I) the notification submitted under subsection
(a)(1);
(II)(aa) where practicable, the application and
supporting documents, if applicable, that have
been submitted by a project sponsor for any
required environmental review or authorization;
or
(bb) a notice explaining how the public may
obtain access to such documents;
(III) a description of any Federal agency action
taken or decision made that materially affects the
status of a covered project;
(IV) any significant document that supports
the action or decision described in subclause (III);
and
(V) a description of the status of any litigation
to which the agency is a party that is directly
related to the project, including, if practicable, any
judicial document made available on an electronic
docket maintained by a Federal, State, or local
court; and
(ii) any document described in clause (i) that is
not available by hyperlink on another website.
(B) D
EADLINE
.—The information described in subpara-
graph (A) shall be posted to the website made available
by hyperlink on the Dashboard not later than 5 business
days after the date on which the Federal agency receives
the information.
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129 STAT. 1750 PUBLIC LAW 114–94—DEC. 4, 2015
(4) P
OSTINGS BY THE EXECUTIVE DIRECTOR
.—The Executive
Director shall publish to the Dashboard—
(A) the permitting timetable established under
subparagraph (A) or (C) of subsection (c)(2);
(B) the status of the compliance of each agency with
the permitting timetable;
(C) any modifications of the permitting timetable;
(D) an explanation of each modification described in
subparagraph (C); and
(E) any memorandum of understanding established
under subsection (c)(3)(B).
(c) C
OORDINATION AND
T
IMETABLES
.—
(1) C
OORDINATED PROJECT PLAN
.—
(A) I
N GENERAL
.—Not later than 60 days after the
date on which the Executive Director must make a specific
entry for the project on the Dashboard under subsection
(b)(2)(A), the facilitating or lead agency, as applicable, in
consultation with each coordinating and participating
agency, shall establish a concise plan for coordinating
public and agency participation in, and completion of, any
required Federal environmental review and authorization
for the project.
(B) R
EQUIRED INFORMATION
.—The Coordinated Project
Plan shall include the following information and be updated
by the facilitating or lead agency, as applicable, at least
once per quarter:
(i) A list of, and roles and responsibilities for,
all entities with environmental review or authorization
responsibility for the project.
(ii) A permitting timetable, as described in para-
graph (2), setting forth a comprehensive schedule of
dates by which all environmental reviews and
authorizations, and to the maximum extent practicable,
State permits, reviews and approvals must be made.
(iii) A discussion of potential avoidance, minimiza-
tion, and mitigation strategies, if required by applicable
law and known.
(iv) Plans and a schedule for public and tribal
outreach and coordination, to the extent required by
applicable law.
(C) M
EMORANDUM OF UNDERSTANDING
.—The coordi-
nated project plan described in subparagraph (A) may be
incorporated into a memorandum of understanding.
(2) P
ERMITTING TIMETABLE
.—
(A) E
STABLISHMENT
.—As part of the coordination
project plan under paragraph (1), the facilitating or lead
agency, as applicable, in consultation with each cooperating
and participating agency, the project sponsor, and any State
in which the project is located, and, subject to subparagraph
(C), with the concurrence of each cooperating agency, shall
establish a permitting timetable that includes intermediate
and final completion dates for action by each participating
agency on any Federal environmental review or authoriza-
tion required for the project.
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129 STAT. 1751 PUBLIC LAW 114–94—DEC. 4, 2015
(B) F
ACTORS FOR CONSIDERATION
.—In establishing the
permitting timetable under subparagraph (A), the facili-
tating or lead agency shall follow the performance sched-
ules established under section 41002(c)(1)(C), but may vary
the timetable based on relevant factors, including—
(i) the size and complexity of the covered project;
(ii) the resources available to each participating
agency;
(iii) the regional or national economic significance
of the project;
(iv) the sensitivity of the natural or historic
resources that may be affected by the project;
(v) the financing plan for the project; and
(vi) the extent to which similar projects in
geographic proximity to the project were recently sub-
ject to environmental review or similar procedures
under State law.
(C) D
ISPUTE RESOLUTION
.—
(i) I
N GENERAL
.—The Executive Director, in con-
sultation with appropriate agency CERPOs and the
project sponsor, shall, as necessary, mediate any dis-
putes regarding the permitting timetable referred to
under subparagraph (A).
(ii) D
ISPUTES
.—If a dispute remains unresolved
30 days after the date on which the dispute was sub-
mitted to the Executive Director, the Director of the
Office of Management and Budget, in consultation with
the Chairman of the Council on Environmental
Quality, shall facilitate a resolution of the dispute and
direct the agencies party to the dispute to resolve
the dispute by the end of the 60-day period beginning
on the date of submission of the dispute to the Execu-
tive Director.
(iii) F
INAL RESOLUTION
.—Any action taken by the
Director of the Office of Management and Budget in
the resolution of a dispute under clause (ii) shall—
(I) be final and conclusive; and
(II) not be subject to judicial review.
(D) M
ODIFICATION AFTER APPROVAL
.—
(i) I
N GENERAL
.—The facilitating or lead agency,
as applicable, may modify a permitting timetable estab-
lished under subparagraph (A) only if—
(I) the facilitating or lead agency, as
applicable, and the affected cooperating agencies,
after consultation with the participating agencies
and the project sponsor, agree to a different
completion date;
(II) the facilitating agency or lead agency, as
applicable, or the affected cooperating agency pro-
vides a written justification for the modification;
and
(III) in the case of a modification that would
necessitate an extension of a final completion date
under a permitting timetable established under
subparagraph (A) to a date more than 30 days
after the final completion date originally estab-
lished under subparagraph (A), the facilitating or
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129 STAT. 1752 PUBLIC LAW 114–94—DEC. 4, 2015
lead agency submits a request to modify the
permitting timetable to the Executive Director,
who shall consult with the project sponsor and
make a determination on the record, based on
consideration of the relevant factors described
under subparagraph (B), whether to grant the
facilitating or lead agency, as applicable, authority
to make such modification.
(ii) C
OMPLETION DATE
.—A completion date in the
permitting timetable may not be modified within 30
days of the completion date.
(iii) L
IMITATION ON LENGTH OF MODIFICATIONS
.—
(I) I
N GENERAL
.—Except as provided in sub-
clause (II), the total length of all modifications
to a permitting timetable authorized or made
under this subparagraph, other than for reasons
outside the control of Federal, State, local, or tribal
governments, may not extend the permitting time-
table for a period of time greater than half of
the amount of time from the establishment of the
permitting timetable under subparagraph (A) to
the last final completion date originally established
under subparagraph (A).
(II) A
DDITIONAL EXTENSIONS
.—The Director of
the Office of Management and Budget, after con-
sultation with the project sponsor, may permit the
Executive Director to authorize additional exten-
sions of a permitting timetable beyond the limit
prescribed by subclause (I). In such a case, the
Director of the Office of Management and Budget
shall transmit, not later than 5 days after making
a determination to permit an authorization of
extension under this subclause, a report to Con-
gress explaining why such modification is required.
Such report shall explain to Congress with speci-
ficity why the original permitting timetable and
the modifications authorized by the Executive
Director failed to be adequate. The lead or facili-
tating agency, as applicable, shall transmit to Con-
gress, the Director of the Office of Management
and Budget, and the Executive Director a supple-
mental report on progress toward the final comple-
tion date each year thereafter, until the permit
review is completed or the project sponsor with-
draws its notice or application or other request
to which this title applies under section 41010.
(iv) L
IMITATION ON JUDICIAL REVIEW
.—The fol-
lowing shall not be subject to judicial review:
(I) A determination by the Executive Director
under clause (i)(III).
(II) A determination under clause (iii)(II) by
the Director of the Office of Management and
Budget to permit the Executive Director to
authorize extensions of a permitting timetable.
(E) C
ONSISTENCY WITH OTHER TIME PERIODS
.—A
permitting timetable established under subparagraph (A)
shall be consistent with any other relevant time periods
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129 STAT. 1753 PUBLIC LAW 114–94—DEC. 4, 2015
established under Federal law and shall not prevent any
cooperating or participating agency from discharging any
obligation under Federal law in connection with the project.
(F) C
ONFORMING TO PERMITTING TIMETABLES
.—
(i) I
N GENERAL
.—Each Federal agency shall con-
form to the completion dates set forth in the permitting
timetable established under subparagraph (A), or with
any completion date modified under subparagraph (D).
(ii) F
AILURE TO CONFORM
.—If a Federal agency
fails to conform with a completion date for agency
action on a covered project or is at significant risk
of failing to conform with such a completion date,
the agency shall—
(I) promptly submit to the Executive Director
for publication on the Dashboard an explanation
of the specific reasons for failing or significantly
risking failing to conform to the completion date
and a proposal for an alternative completion date;
(II) in consultation with the facilitating or lead
agency, as applicable, establish an alternative
completion date; and
(III) each month thereafter until the agency
has taken final action on the delayed authorization
or review, submit to the Executive Director for
posting on the Dashboard a status report
describing any agency activity related to the
project.
(G) A
BANDONMENT OF COVERED PROJECT
.—
(i) I
N GENERAL
.—If the facilitating or lead agency,
as applicable, has a reasonable basis to doubt the
continuing technical or financial ability of the project
sponsor to construct the covered project, the facilitating
or lead agency may request the project sponsor provide
an updated statement regarding the ability of the
project sponsor to complete the project.
(ii) F
AILURE TO RESPOND
.—If the project sponsor
fails to respond to a request described in clause (i)
by the date that is 30 days after receiving the request,
the lead or facilitating agency, as applicable, shall
notify the Executive Director, who shall publish an
appropriate notice on the Dashboard.
(iii) P
UBLICATION TO DASHBOARD
.—On publication
of a notice under clause (ii), the completion dates in
the permitting timetable shall be tolled and agencies
shall be relieved of the obligation to comply with
subparagraph (F) until such time as the project sponsor
submits to the facilitating or lead agency, as applicable,
an updated statement regarding the technical and
financial ability of the project sponsor to construct
the project.
(3) C
OOPERATING STATE
,
LOCAL
,
OR TRIBAL GOVERNMENTS
.—
(A) S
TATE AUTHORITY
.—If the Federal environmental
review is being implemented within the boundaries of a
State, the State, consistent with State law, may choose
to participate in the environmental review and authoriza-
tion process under this subsection and to make subject
to the process all State agencies that—
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129 STAT. 1754 PUBLIC LAW 114–94—DEC. 4, 2015
(i) have jurisdiction over the covered project;
(ii) are required to conduct or issue a review, anal-
ysis, opinion, or statement for the covered project; or
(iii) are required to make a determination on
issuing a permit, license, or other approval or decision
for the covered project.
(B) C
OORDINATION
.—To the maximum extent prac-
ticable under applicable law, the facilitating or lead agency,
as applicable, shall coordinate the Federal environmental
review and authorization processes under this subsection
with any State, local, or tribal agency responsible for con-
ducting any separate review or authorization of the covered
project to ensure timely and efficient completion of environ-
mental reviews and authorizations.
(C) M
EMORANDUM OF UNDERSTANDING
.—
(i) I
N GENERAL
.—Any coordination plan between
the facilitating or lead agency, as applicable, and any
State, local, or tribal agency shall, to the maximum
extent practicable, be included in a memorandum of
understanding.
(ii) S
UBMISSION TO EXECUTIVE DIRECTOR
.—The
facilitating or lead agency, as applicable, shall submit
to the Executive Director each memorandum of under-
standing described in clause (i).
(D) A
PPLICABILITY
.—The requirements under this title
shall only apply to a State or an authorization issued
by a State if the State has chosen to participate in the
environmental review and authorization process pursuant
to this paragraph.
(d) E
ARLY
C
ONSULTATION
.—The facilitating or lead agency, as
applicable, shall provide an expeditious process for project sponsors
to confer with each cooperating and participating agency involved
and, not later than 60 days after the date on which the project
sponsor submits a request under this subsection, to have each
such agency provide to the project sponsor information concerning—
(1) the availability of information and tools, including pre-
application toolkits, to facilitate early planning efforts;
(2) key issues of concern to each agency and to the public;
and
(3) issues that must be addressed before an environmental
review or authorization can be completed.
(e) C
OOPERATING
A
GENCY
.—
(1) I
N GENERAL
.—A lead agency may designate a partici-
pating agency as a cooperating agency in accordance with part
1501 of title 40, Code of Federal Regulations (or successor
regulations).
(2) E
FFECT ON OTHER DESIGNATION
.—The designation
described in paragraph (1) shall not affect any designation
under subsection (a)(3).
(3) L
IMITATION ON DESIGNATION
.—Any agency not des-
ignated as a participating agency under subsection (a)(3) shall
not be designated as a cooperating agency under paragraph
(1).
(f) R
EPORTING
S
TATUS OF
O
THER
P
ROJECTS ON
D
ASHBOARD
.—
(1) I
N GENERAL
.—On request of the Executive Director,
the Secretary and the Secretary of the Army shall use best
efforts to provide information for inclusion on the Dashboard
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129 STAT. 1755 PUBLIC LAW 114–94—DEC. 4, 2015
on projects subject to section 139 of title 23, United States
Code, and section 2045 of the Water Resources Development
Act of 2007 (33 U.S.C. 2348) likely to require—
(A) a total investment of more than $200,000,000; and
(B) an environmental impact statement under NEPA.
(2) E
FFECT OF INCLUSION ON DASHBOARD
.—Inclusion on
the Dashboard of information regarding projects subject to sec-
tion 139 of title 23, United States Code, or section 2045 of
the Water Resources Development Act of 2007 (33 U.S.C. 2348)
shall not subject those projects to any requirements of this
title.
SEC. 41004. INTERSTATE COMPACTS.
(a) I
N
G
ENERAL
.—The consent of Congress is given for 3 or
more contiguous States to enter into an interstate compact estab-
lishing regional infrastructure development agencies to facilitate
authorization and review of covered projects, under State law or
in the exercise of delegated permitting authority described under
section 41006, that will advance infrastructure development,
production, and generation within the States that are parties to
the compact.
(b) R
EGIONAL
I
NFRASTRUCTURE
.—For the purpose of this title,
a regional infrastructure development agency referred to in sub-
section (a) shall have the same authorities and responsibilities
of a State agency.
SEC. 41005. COORDINATION OF REQUIRED REVIEWS.
(a) C
ONCURRENT
R
EVIEWS
.—To integrate environmental
reviews and authorizations, each agency shall, to the maximum
extent practicable—
(1) carry out the obligations of the agency with respect
to a covered project under any other applicable law concur-
rently, and in conjunction with, other environmental reviews
and authorizations being conducted by other cooperating or
participating agencies, including environmental reviews and
authorizations required under NEPA, unless the agency deter-
mines that doing so would impair the ability of the agency
to carry out the statutory obligations of the agency; and
(2) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure comple-
tion of the environmental review process in a timely, coordi-
nated, and environmentally responsible manner.
(b) A
DOPTION
, I
NCORPORATION BY
R
EFERENCE
,
AND
U
SE OF
D
OCUMENTS
.—
(1) S
TATE ENVIRONMENTAL DOCUMENTS
;
SUPPLEMENTAL
DOCUMENTS
.—
(A) U
SE OF EXISTING DOCUMENTS
.—
(i) I
N GENERAL
.—On the request of a project
sponsor, a lead agency shall consider and, as appro-
priate, adopt or incorporate by reference, the analysis
and documentation that has been prepared for a cov-
ered project under State laws and procedures as the
documentation, or part of the documentation, required
to complete an environmental review for the covered
project, if the analysis and documentation were, as
determined by the lead agency in consultation with
the Council on Environmental Quality, prepared under
circumstances that allowed for opportunities for public
42 USC
4370m–4.
42 USC
4370m–3.
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129 STAT. 1756 PUBLIC LAW 114–94—DEC. 4, 2015
participation and consideration of alternatives,
environmental consequences, and other required anal-
yses that are substantially equivalent to what would
have been available had the documents and analysis
been prepared by a Federal agency pursuant to NEPA.
(ii) G
UIDANCE BY CEQ
.—The Council on Environ-
mental Quality may issue guidance to carry out this
subsection.
(B) NEPA
OBLIGATIONS
.—An environmental document
adopted under subparagraph (A) or a document that
includes documentation incorporated under subparagraph
(A) may serve as the documentation required for an
environmental review or a supplemental environmental
review required to be prepared by a lead agency under
NEPA.
(C) S
UPPLEMENTATION OF STATE DOCUMENTS
.—If the
lead agency adopts or incorporates analysis and documenta-
tion described in subparagraph (A), the lead agency shall
prepare and publish a supplemental document if the lead
agency determines that during the period after preparation
of the analysis and documentation and before the adoption
or incorporation—
(i) a significant change has been made to the cov-
ered project that is relevant for purposes of environ-
mental review of the project; or
(ii) there has been a significant circumstance or
new information has emerged that is relevant to the
environmental review for the covered project.
(D) C
OMMENTS
.—If a lead agency prepares and pub-
lishes a supplemental document under subparagraph (C),
the lead agency shall solicit comments from other agencies
and the public on the supplemental document for a period
of not more than 45 days, beginning on the date on which
the supplemental document is published, unless—
(i) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(ii) the lead agency extends the deadline for good
cause.
(E) N
OTICE OF OUTCOME OF ENVIRONMENTAL REVIEW
.—
A lead agency shall issue a record of decision or finding
of no significant impact, as appropriate, based on the docu-
ment adopted under subparagraph (A) and any supple-
mental document prepared under subparagraph (C).
(c) A
LTERNATIVES
A
NALYSIS
.—
(1) P
ARTICIPATION
.—
(A) I
N GENERAL
.—As early as practicable during the
environmental review, but not later than the commence-
ment of scoping for a project requiring the preparation
of an environmental impact statement, the lead agency
shall engage the cooperating agencies and the public to
determine the range of reasonable alternatives to be consid-
ered for a covered project.
(B) D
ETERMINATION
.—The determination under
subparagraph (A) shall be completed not later than the
completion of scoping.
(2) R
ANGE OF ALTERNATIVES
.—
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129 STAT. 1757 PUBLIC LAW 114–94—DEC. 4, 2015
(A) I
N GENERAL
.—Following participation under para-
graph (1) and subject to subparagraph (B), the lead agency
shall determine the range of reasonable alternatives for
consideration in any document that the lead agency is
responsible for preparing for the covered project.
(B) A
LTERNATIVES REQUIRED BY LAW
.—In determining
the range of alternatives under subparagraph (A), the lead
agency shall include all alternatives required to be consid-
ered by law.
(3) M
ETHODOLOGIES
.—
(A) I
N GENERAL
.—The lead agency shall determine,
in collaboration with each cooperating agency at appro-
priate times during the environmental review, the meth-
odologies to be used and the level of detail required in
the analysis of each alternative for a covered project.
(B) E
NVIRONMENTAL REVIEW
.—A cooperating agency
shall use the methodologies referred to in subparagraph
(A) when conducting any required environmental review,
to the extent consistent with existing law.
(4) P
REFERRED ALTERNATIVE
.—With the concurrence of the
cooperating agencies with jurisdiction under Federal law and
at the discretion of the lead agency, the preferred alternative
for a project, after being identified, may be developed to a
higher level of detail than other alternatives to facilitate the
development of mitigation measures or concurrent compliance
with other applicable laws if the lead agency determines that
the development of the higher level of detail will not prevent—
(A) the lead agency from making an impartial decision
as to whether to accept another alternative that is being
considered in the environmental review; and
(B) the public from commenting on the preferred and
other alternatives.
(d) E
NVIRONMENTAL
R
EVIEW
C
OMMENTS
.—
(1) C
OMMENTS ON DRAFT ENVIRONMENTAL IMPACT STATE
-
MENT
.—For comments by an agency or the public on a draft
environmental impact statement, the lead agency shall estab-
lish a comment period of not less than 45 days and not more
than 60 days after the date on which a notice announcing
availability of the environmental impact statement is published
in the Federal Register, unless—
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency, in consultation with each cooper-
ating agency, extends the deadline for good cause.
(2) O
THER REVIEW AND COMMENT PERIODS
.—For all other
review or comment periods in the environmental review process
described in parts 1500 through 1508 of title 40, Code of Federal
Regulations (or successor regulations), the lead agency shall
establish a comment period of not more than 45 days after
the date on which the materials on which comment is requested
are made available, unless—
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency extends the deadline for good cause.
(e) I
SSUE
I
DENTIFICATION AND
R
ESOLUTION
.—
(1) C
OOPERATION
.—The lead agency and each cooperating
and participating agency shall work cooperatively in accordance
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129 STAT. 1758 PUBLIC LAW 114–94—DEC. 4, 2015
with this section to identify and resolve issues that could delay
completion of an environmental review or an authorization
required for the project under applicable law or result in the
denial of any approval under applicable law.
(2) L
EAD AGENCY RESPONSIBILITIES
.—
(A) I
N GENERAL
.—The lead agency shall make informa-
tion available to each cooperating and participating agency
and project sponsor as early as practicable in the environ-
mental review regarding the environmental, historic, and
socioeconomic resources located within the project area and
the general locations of the alternatives under consider-
ation.
(B) S
OURCES OF INFORMATION
.—The information
described in subparagraph (A) may be based on existing
data sources, including geographic information systems
mapping.
(3) C
OOPERATING AND PARTICIPATING AGENCY RESPONSIBIL
-
ITIES
.—Each cooperating and participating agency shall—
(A) identify, as early as practicable, any issues of con-
cern regarding any potential environmental impacts of the
covered project, including any issues that could substan-
tially delay or prevent an agency from completing any
environmental review or authorization required for the
project; and
(B) communicate any issues described in subparagraph
(A) to the project sponsor.
(f) C
ATEGORIES OF
P
ROJECTS
.—The authorities granted under
this section may be exercised for an individual covered project
or a category of covered projects.
SEC. 41006. DELEGATED STATE PERMITTING PROGRAMS.
(a) I
N
G
ENERAL
.—If a Federal statute permits a Federal agency
to delegate to or otherwise authorize a State to issue or otherwise
administer a permit program in lieu of the Federal agency, the
Federal agency with authority to carry out the statute shall—
(1) on publication by the Council of best practices under
section 41002(c)(2)(B), initiate a national process, with public
participation, to determine whether and the extent to which
any of the best practices are generally applicable on a
delegation- or authorization-wide basis to permitting under the
statute; and
(2) not later than 2 years after the date of enactment
of this Act, make model recommendations for State modifica-
tions of the applicable permit program to reflect the best prac-
tices described in section 41002(c)(2)(B), as appropriate.
(b) B
EST
P
RACTICES
.—Lead and cooperating agencies may share
with State, tribal, and local authorities best practices involved
in review of covered projects and invite input from State, tribal,
and local authorities regarding best practices.
SEC. 41007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION.
(a) L
IMITATIONS ON
C
LAIMS
.—
(1) I
N GENERAL
.—Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review
of any authorization issued by a Federal agency for a covered
project shall be barred unless—
(A) the action is filed not later than 2 years after
the date of publication in the Federal Register of the final
42 USC
4370m–6.
42 USC
4370m–5.
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129 STAT. 1759 PUBLIC LAW 114–94—DEC. 4, 2015
record of decision or approval or denial of a permit, unless
a shorter time is specified in the Federal law under which
judicial review is allowed; and
(B) in the case of an action pertaining to an environ-
mental review conducted under NEPA—
(i) the action is filed by a party that submitted
a comment during the environmental review; and
(ii) any commenter filed a sufficiently detailed com-
ment so as to put the lead agency on notice of the
issue on which the party seeks judicial review, or the
lead agency did not provide a reasonable opportunity
for such a comment on that issue.
(2) N
EW INFORMATION
.—
(A) I
N GENERAL
.—The head of a lead agency or partici-
pating agency shall consider new information received after
the close of a comment period if the information satisfies
the requirements under regulations implementing NEPA.
(B) S
EPARATE ACTION
.—If Federal law requires the
preparation of a supplemental environmental impact state-
ment or other supplemental environmental document, the
preparation of such document shall be considered a sepa-
rate final agency action and the deadline for filing a claim
for judicial review of the agency action shall be 2 years
after the date on which a notice announcing the final
agency action is published in the Federal Register, unless
a shorter time is specified in the Federal law under which
judicial review is allowed.
(3) R
ULE OF CONSTRUCTION
.—Nothing in this subsection
creates a right to judicial review or places any limit on filing
a claim that a person has violated the terms of an authorization.
(b) P
RELIMINARY
I
NJUNCTIVE
R
ELIEF
.—In addition to consid-
ering any other applicable equitable factors, in any action seeking
a temporary restraining order or preliminary injunction against
an agency or a project sponsor in connection with review or
authorization of a covered project, the court shall—
(1) consider the potential effects on public health, safety,
and the environment, and the potential for significant negative
effects on jobs resulting from an order or injunction; and
(2) not presume that the harms described in paragraph
(1) are reparable.
(c) J
UDICIAL
R
EVIEW
.—Except as provided in subsection (a),
nothing in this title affects the reviewability of any final Federal
agency action in a court of competent jurisdiction.
(d) S
AVINGS
C
LAUSE
.—Nothing in this title—
(1) supersedes, amends, or modifies any Federal statute
or affects the responsibility of any Federal officer to comply
with or enforce any statute; or
(2) creates a presumption that a covered project will be
approved or favorably reviewed by any agency.
(e) L
IMITATIONS
.—Nothing in this section preempts, limits, or
interferes with—
(1) any practice of seeking, considering, or responding to
public comment; or
(2) any power, jurisdiction, responsibility, or authority that
a Federal, State, or local governmental agency, metropolitan
planning organization, Indian tribe, or project sponsor has with
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129 STAT. 1760 PUBLIC LAW 114–94—DEC. 4, 2015
respect to carrying out a project or any other provisions of
law applicable to any project, plan, or program.
SEC. 41008. REPORTS.
(a) R
EPORT TO
C
ONGRESS
.—
(1) I
N GENERAL
.—Not later than April 15 of each year
for 10 years beginning on the date of enactment of this Act,
the Executive Director shall submit to Congress a report
detailing the progress accomplished under this title during
the previous fiscal year.
(2) C
ONTENTS
.—The report described in paragraph (1) shall
assess the performance of each participating agency and lead
agency based on the best practices described in section
41002(c)(2)(B), including—
(A) agency progress in making improvements con-
sistent with those best practices; and
(B) agency compliance with the performance schedules
established under section 41002(c)(1)(C).
(3) O
PPORTUNITY TO INCLUDE COMMENTS
.—Each
councilmember, with input from the respective agency CERPO,
shall have the opportunity to include comments concerning
the performance of the agency in the report described in para-
graph (1).
(b) C
OMPTROLLER
G
ENERAL
R
EPORT
.—Not later than 3 years
after the date of enactment of this Act, the Comptroller General
of the United States shall submit to Congress a report that
describes—
(1) agency progress in making improvements consistent
with the best practices issued under section 41002(c)(2)(B);
and
(2) agency compliance with the performance schedules
established under section 41002(c)(1)(C).
SEC. 41009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROC-
ESSING OF ENVIRONMENTAL REVIEWS AND PERMITS.
(a) I
N
G
ENERAL
.—The heads of agencies listed in section
41002(b)(2)(B), with the guidance of the Director of the Office of
Management and Budget and in consultation with the Executive
Director, may, after public notice and opportunity for comment,
issue regulations establishing a fee structure for project proponents
to reimburse the United States for reasonable costs incurred in
conducting environmental reviews and authorizations for covered
projects.
(b) R
EASONABLE
C
OSTS
.—As used in this section, the term
‘‘reasonable costs’’ shall include costs to implement the requirements
and authorities required under sections 41002 and 41003, including
the costs to agencies and the costs of operating the Council.
(c) F
EE
S
TRUCTURE
.—The fee structure established under sub-
section (a) shall—
(1) be developed in consultation with affected project pro-
ponents, industries, and other stakeholders;
(2) exclude parties for which the fee would impose an
undue financial burden or is otherwise determined to be
inappropriate; and
(3) be established in a manner that ensures that the aggre-
gate amount of fees collected for a fiscal year is estimated
not to exceed 20 percent of the total estimated costs for the
fiscal year for the resources allocated for the conduct of the
42 USC
4370m–8.
42 USC
4370m–7.
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129 STAT. 1761 PUBLIC LAW 114–94—DEC. 4, 2015
environmental reviews and authorizations covered by this title,
as determined by the Director of the Office of Management
and Budget.
(d) E
NVIRONMENTAL
R
EVIEW AND
P
ERMITTING
I
MPROVEMENT
F
UND
.—
(1) I
N GENERAL
.—All amounts collected pursuant to this
section shall be deposited into a separate fund in the Treasury
of the United States to be known as the ‘‘Environmental Review
Improvement Fund’’ (referred to in this section as the ‘‘Fund’’).
(2) A
VAILABILITY
.—Amounts in the Fund shall be available
to the Executive Director, without appropriation or fiscal year
limitation, solely for the purposes of administering, imple-
menting, and enforcing this title, including the expenses of
the Council.
(3) T
RANSFER
.—The Executive Director, with the approval
of the Director of the Office of Management and Budget, may
transfer amounts in the Fund to other agencies to facilitate
timely and efficient environmental reviews and authorizations
for proposed covered projects.
(e) E
FFECT ON
P
ERMITTING
.—The regulations adopted pursuant
to subsection (a) shall ensure that the use of funds accepted under
subsection (d) will not impact impartial decision-making with
respect to environmental reviews or authorizations, either sub-
stantively or procedurally.
(f) T
RANSFER OF
A
PPROPRIATED
F
UNDS
.—
(1) I
N GENERAL
.—The heads of agencies listed in section
41002(b)(2)(B) shall have the authority to transfer, in accord-
ance with section 1535 of title 31, United States Code, funds
appropriated to those agencies and not otherwise obligated
to other affected Federal agencies for the purpose of imple-
menting the provisions of this title.
(2) L
IMITATION
.—Appropriations under title 23, United
States Code and appropriations for the civil works program
of the Army Corps of Engineers shall not be available for
transfer under paragraph (1).
SEC. 41010. APPLICATION.
This title applies to any covered project for which—
(1) a notice is filed under section 41003(a)(1); or
(2) an application or other request for a Federal authoriza-
tion is pending before a Federal agency 90 days after the
date of enactment of this Act.
SEC. 41011. GAO REPORT.
Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall submit
to Congress a report that includes an analysis of whether the
provisions of this title could be adapted to streamline the Federal
permitting process for smaller projects that are not covered projects.
SEC. 41012. SAVINGS PROVISION.
Nothing in this title amends the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 41013. SUNSET.
This title shall terminate 7 years after the date of enactment
of this Act.
42 USC
4370m–12.
42 USC
4370m–11.
42 USC
4370m–10.
42 USC
4370m–9.
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129 STAT. 1762 PUBLIC LAW 114–94—DEC. 4, 2015
SEC. 41014. PLACEMENT.
The Office of the Law Revision Counsel is directed to place
sections 41001 through 41013 of this title in chapter 55 of title
42, United States Code, as subchapter IV.
TITLE XLII—ADDITIONAL PROVISIONS
SEC. 42001. GAO REPORT ON REFUNDS TO REGISTERED VENDORS OF
KEROSENE USED IN NONCOMMERCIAL AVIATION.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall—
(1) conduct a study regarding payments made to vendors
of kerosene used in noncommercial aviation under section
6427(l)(4)(C)(ii) of the Internal Revenue Code of 1986; and
(2) submit to the appropriate committees of Congress a
report describing the results of such study, which shall include
estimates of—
(A) the number of vendors of kerosene used in non-
commercial aviation who are registered under section 4101
of such Code;
(B) the number of vendors of kerosene used in non-
commercial aviation who are not so registered;
(C) the number of vendors described in subparagraph
(A) who receive payments under section 6427(l)(4)(C)(ii)
of such Code;
(D) the excess of—
(i) the amount of payments which would be made
under section 6427(l)(4)(C)(ii) of such Code if all ven-
dors of kerosene used in noncommercial aviation were
registered and filed claims for such payments, over
(ii) the amount of payments actually made under
such section; and
(E) the number of cases of diesel truck operators
fraudulently using kerosene taxed for use in aviation.
TITLE XLIII—PAYMENTS TO CERTIFIED
STATES AND INDIAN TRIBES
SEC. 43001. PAYMENTS FROM ABANDONED MINE RECLAMATION FUND.
Section 411(h) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1240a(h)) is amended—
(1) in paragraph (1)(C)—
(A) by striking ‘‘Payments’’ and inserting the following:
‘‘(i) I
N GENERAL
.—Payments’’; and
(B) by adding at the end the following:
‘‘(ii) C
ERTAIN PAYMENTS REQUIRED
.—Not with-
standing any other provision of this Act, as soon as
practicable, but not later than December 10, 2015,
of the 7 equal installments referred to in clause (i),
the Secretary shall pay to any certified State or Indian
tribe to which the total annual payment under this
subsection was limited to $15,000,000 in 2013 and
$28,000,000 in fiscal year 2014—
42 USC
4370m–13.
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129 STAT. 1763 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(I) the final 2 installments in 2 separate pay-
ments of $82,700,000 each; and
‘‘(II) 2 separate payments of $38,250,000
each.’’; and
(2) by striking paragraphs (5) and (6).
DIVISION E—EXPORT-IMPORT BANK OF
THE UNITED STATES
SEC. 50001. SHORT TITLE.
This division may be cited as the ‘‘Export-Import Bank Reform
and Reauthorization Act of 2015’’.
TITLE LI—TAXPAYER PROTECTION
PROVISIONS AND INCREASED AC-
COUNTABILITY
SEC. 51001. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING
LOANS, GUARANTEES, AND INSURANCE.
Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C.
635e(a)) is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by striking paragraph (2) and inserting the following:
‘‘(2) A
PPLICABLE AMOUNT DEFINED
.—In this subsection, the
term ‘applicable amount’, for each of fiscal years 2015 through
2019, means $135,000,000,000.
‘‘(3) F
REEZING OF LENDING CAP IF DEFAULT RATE IS 2 PER
-
CENT OR MORE
.—If the rate calculated under section 8(g)(1)
is 2 percent or more for a quarter, the Bank may not exceed
the amount of loans, guarantees, and insurance outstanding
on the last day of that quarter until the rate calculated under
section 8(g)(1) is less than 2 percent.’’.
SEC. 51002. INCREASE IN LOSS RESERVES.
(a) I
N
G
ENERAL
.—Section 6 of the Export-Import Bank Act
of 1945 (12 U.S.C. 635e) is amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
‘‘(b) R
ESERVE
R
EQUIREMENT
.—The Bank shall build to and hold
in reserve, to protect against future losses, an amount that is
not less than 5 percent of the aggregate amount of disbursed
and outstanding loans, guarantees, and insurance of the Bank.’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by subsection (a)
shall take effect on the date that is one year after the date of
the enactment of this Act.
SEC. 51003. REVIEW OF FRAUD CONTROLS.
Section 17(b) of the Export-Import Bank Reauthorization Act
of 2012 (12 U.S.C. 635a–6(b)) is amended to read as follows:
‘‘(b) R
EVIEW OF
F
RAUD
C
ONTROLS
.—Not later than 4 years
after the date of the enactment of the Export-Import Bank Reform
and Reauthorization Act of 2015, and every 4 years thereafter,
the Comptroller General of the United States shall—
12 USC 635e.
12 USC 635 note.
Export-Import
Bank Reform and
Reauthorization
Act of 2015.
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129 STAT. 1764 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) review the adequacy of the design and effectiveness
of the controls used by the Export-Import Bank of the United
States to prevent, detect, and investigate fraudulent applica-
tions for loans and guarantees and the compliance by the
Bank with the controls, including by auditing a sample of
Bank transactions; and
‘‘(2) submit a written report regarding the findings of the
review and providing such recommendations with respect to
the controls described in paragraph (1) as the Comptroller
General deems appropriate to—
‘‘(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the Senate;
and
‘‘(B) the Committee on Financial Services and the Com-
mittee on Appropriations of the House of Representatives.’’.
SEC. 51004. OFFICE OF ETHICS.
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C.
635a) is amended by adding at the end the following:
‘‘(k) O
FFICE OF
E
THICS
.—
‘‘(1) E
STABLISHMENT
.—There is established an Office of
Ethics within the Bank, which shall oversee all ethics issues
within the Bank.
‘‘(2) H
EAD OF OFFICE
.—
‘‘(A) I
N GENERAL
.—The head of the Office of Ethics
shall be the Chief Ethics Officer, who shall report to the
Board of Directors.
‘‘(B) A
PPOINTMENT
.—Not later than 180 days after the
date of the enactment of the Export-Import Bank Reform
and Reauthorization Act of 2015, the Chief Ethics Officer
shall be—
‘‘(i) appointed by the President of the Bank from
among persons—
‘‘(I) with a background in law who have experi-
ence in the fields of law and ethics; and
‘‘(II) who are not serving in a position
requiring appointment by the President of the
United States before being appointed to be Chief
Ethics Officer; and
‘‘(ii) approved by the Board.
‘‘(C) D
ESIGNATED AGENCY ETHICS OFFICIAL
.—The Chief
Ethics Officer shall serve as the designated agency ethics
official for the Bank pursuant to the Ethics in Government
Act of 1978 (5 U.S.C. App. 101 et seq.).
‘‘(3) D
UTIES
.—The Office of Ethics has jurisdiction over
all employees of, and ethics matters relating to, the Bank.
With respect to employees of the Bank, the Office of Ethics
shall—
‘‘(A) recommend administrative actions to establish or
enforce standards of official conduct;
‘‘(B) refer to the Office of the Inspector General of
the Bank alleged violations of—
‘‘(i) the standards of ethical conduct applicable to
employees of the Bank under parts 2635 and 6201
of title 5, Code of Federal Regulations;
‘‘(ii) the standards of ethical conduct established
by the Chief Ethics Officer; and
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129 STAT. 1765 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(iii) any other laws, rules, or regulations gov-
erning the performance of official duties or the dis-
charge of official responsibilities that are applicable
to employees of the Bank;
‘‘(C) report to appropriate Federal or State authorities
substantial evidence of a violation of any law applicable
to the performance of official duties that may have been
disclosed to the Office of Ethics; and
‘‘(D) render advisory opinions regarding the propriety
of any current or proposed conduct of an employee or
contractor of the Bank, and issue general guidance on
such matters as necessary.’’.
SEC. 51005. CHIEF RISK OFFICER.
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C.
635a), as amended by section 91004, is further amended by adding
at the end the following:
‘‘(l) C
HIEF
R
ISK
O
FFICER
.—
‘‘(1) I
N GENERAL
.—There shall be a Chief Risk Officer of
the Bank, who shall—
‘‘(A) oversee all issues relating to risk within the Bank;
and
‘‘(B) report to the President of the Bank.
‘‘(2) A
PPOINTMENT
.—Not later than 180 days after the date
of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, the Chief Risk Officer shall be—
‘‘(A) appointed by the President of the Bank from
among persons—
‘‘(i) with a demonstrated ability in the general
management of, and knowledge of and extensive prac-
tical experience in, financial risk evaluation practices
in large governmental or business entities; and
‘‘(ii) who are not serving in a position requiring
appointment by the President of the United States
before being appointed to be Chief Risk Officer; and
‘‘(B) approved by the Board.
‘‘(3) D
UTIES
.—The duties of the Chief Risk Officer are—
‘‘(A) to be responsible for all matters related to man-
aging and mitigating all risk to which the Bank is exposed,
including the programs and operations of the Bank;
‘‘(B) to establish policies and processes for risk over-
sight, the monitoring of management compliance with risk
limits, and the management of risk exposures and risk
controls across the Bank;
‘‘(C) to be responsible for the planning and execution
of all Bank risk management activities, including policies,
reporting, and systems to achieve strategic risk objectives;
‘‘(D) to develop an integrated risk management pro-
gram that includes identifying, prioritizing, measuring,
monitoring, and managing internal control and operating
risks and other identified risks;
‘‘(E) to ensure that the process for risk assessment
and underwriting for individual transactions considers how
each such transaction considers the effect of the transaction
on the concentration of exposure in the overall portfolio
of the Bank, taking into account fees, collateralization,
and historic default rates; and
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129 STAT. 1766 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(F) to review the adequacy of the use by the Bank
of qualitative metrics to assess the risk of default under
various scenarios.’’.
SEC. 51006. RISK MANAGEMENT COMMITTEE.
(a) I
N
G
ENERAL
.—Section 3 of the Export-Import Bank Act
of 1945 (12 U.S.C. 635a), as amended by sections 91004 and 91005,
is further amended by adding at the end the following:
‘‘(m) R
ISK
M
ANAGEMENT
C
OMMITTEE
.—
‘‘(1) E
STABLISHMENT
.—There is established a management
committee to be known as the ‘Risk Management Committee’.
‘‘(2) M
EMBERSHIP
.—The membership of the Risk Manage-
ment Committee shall be the members of the Board of Directors,
with the President and First Vice President of the Bank serving
as ex officio members.
‘‘(3) D
UTIES
.—The duties of the Risk Management Com-
mittee shall be—
‘‘(A) to oversee, in conjunction with the Office of the
Chief Financial Officer of the Bank—
‘‘(i) periodic stress testing on the entire Bank port-
folio, reflecting different market, industry, and macro-
economic scenarios, and consistent with common prac-
tices of commercial and multilateral development
banks; and
‘‘(ii) the monitoring of industry, geographic, and
obligor exposure levels; and
‘‘(B) to review all required reports on the default rate
of the Bank before submission to Congress under section
8(g).’’.
(b) T
ERMINATION OF
A
UDIT
C
OMMITTEE
.—Not later than 180
days after the date of the enactment of this Act, the Board of
Directors of the Export-Import Bank of the United States shall
revise the bylaws of the Bank to terminate the Audit Committee
established by section 7 of the bylaws.
SEC. 51007. INDEPENDENT AUDIT OF BANK PORTFOLIO.
(a) A
UDIT
.—The Inspector General of the Export-Import Bank
of the United States shall conduct an audit or evaluation of the
portfolio risk management procedures of the Bank, including a
review of the implementation by the Bank of the duties assigned
to the Chief Risk Officer under section 3(l) of the Export-Import
Bank Act of 1945, as amended by section 51005.
(b) R
EPORT
.—Not later than 1 year after the date of the enact-
ment of this Act, and not less frequently than every 3 years there-
after, the Inspector General shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Com-
mittee on Financial Services of the House of Representatives a
written report containing all findings and determinations made
in carrying out subsection (a).
SEC. 51008. PILOT PROGRAM FOR REINSURANCE.
(a) I
N
G
ENERAL
.—Notwithstanding any provision of the Export-
Import Bank Act of 1945 (12 U.S.C. 635 et seq.), the Export-
Import Bank of the United States (in this section referred to as
the ‘‘Bank’’) may establish a pilot program under which the Bank
may enter into contracts and other arrangements to share risks
associated with the provision of guarantees, insurance, or credit,
12 USC 635 note.
12 USC 635a–7.
12 USC 635a
note.
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129 STAT. 1767 PUBLIC LAW 114–94—DEC. 4, 2015
or the participation in the extension of credit, by the Bank under
that Act.
(b) L
IMITATIONS ON
A
MOUNT OF
R
ISK
-S
HARING
.—
(1) P
ER CONTRACT OR OTHER ARRANGEMENT
.—The aggre-
gate amount of liability the Bank may transfer through risk-
sharing pursuant to a contract or other arrangement entered
into under subsection (a) may not exceed $1,000,000,000.
(2) P
ER YEAR
.—The aggregate amount of liability the Bank
may transfer through risk-sharing during a fiscal year pursuant
to contracts or other arrangements entered into under sub-
section (a) during that fiscal year may not exceed
$10,000,000,000.
(c) A
NNUAL
R
EPORTS
.—Not later than 1 year after the date
of the enactment of this Act, and annually thereafter through
2019, the Bank shall submit to Congress a written report that
contains a detailed analysis of the use of the pilot program carried
out under subsection (a) during the year preceding the submission
of the report.
(d) R
ULE OF
C
ONSTRUCTION
.—Nothing in this section shall be
construed to affect, impede, or revoke any authority of the Bank.
(e) T
ERMINATION
.—The pilot program carried out under sub-
section (a) shall terminate on September 30, 2019.
TITLE LII—PROMOTION OF SMALL
BUSINESS EXPORTS
SEC. 52001. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS.
(a) I
N
G
ENERAL
.—Section 2(b)(1)(E)(v) of the Export-Import
Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking
‘‘20 percent’’ and inserting ‘‘25 percent’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by subsection (a)
shall apply with respect to fiscal year 2016 and each fiscal year
thereafter.
SEC. 52002. REPORT ON PROGRAMS FOR SMALL- AND MEDIUM-SIZED
BUSINESSES.
(a) I
N
G
ENERAL
.—Section 8 of the Export-Import Bank Act
of 1945 (12 U.S.C. 635g) is amended by adding at the end the
following:
‘‘(k) R
EPORT ON
P
ROGRAMS FOR
S
MALL
-
AND
M
EDIUM
-S
IZED
B
USINESSES
.—The Bank shall include in its annual report to Con-
gress under subsection (a) a report on the programs of the Bank
for United States businesses with less than $250,000,000 in annual
sales.’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by subsection (a)
shall apply with respect to the report of the Export-Import Bank
of the United States submitted to Congress under section 8 of
the Export-Import Bank Act of 1945 (12 U.S.C. 635g) for the first
year that begins after the date of the enactment of this Act.
12 USC 635g
note.
12 USC 635 note.
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129 STAT. 1768 PUBLIC LAW 114–94—DEC. 4, 2015
TITLE LIII—MODERNIZATION OF
OPERATIONS
SEC. 53001. ELECTRONIC PAYMENTS AND DOCUMENTS.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(1)) is amended by adding at the end the following:
‘‘(M) Not later than 2 years after the date of the enactment
of the Export-Import Bank Reform and Reauthorization Act of
2015, the Bank shall implement policies—
‘‘(i) to accept electronic documents with respect to trans-
actions whenever possible, including copies of bills of lading,
certifications, and compliance documents, in such manner so
as not to undermine any potential civil or criminal enforcement
related to the transactions; and
‘‘(ii) to accept electronic payments in all of its programs.’’.
SEC. 53002. REAUTHORIZATION OF INFORMATION TECHNOLOGY
UPDATING.
Section 3(j) of the Export-Import Act of 1945 (12 U.S.C. 635a(j))
is amended—
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ‘‘2012, 2013, and 2014’’ and inserting ‘‘2015
through 2019’’;
(2) in paragraph (2)(B), by striking ‘‘(I) the funds’’ and
inserting ‘‘(i) the funds’’; and
(3) in paragraph (3), by striking ‘‘2012, 2013, and 2014’’
and inserting ‘‘2015 through 2019’’.
TITLE LIV—GENERAL PROVISIONS
SEC. 54001. EXTENSION OF AUTHORITY.
(a) I
N
G
ENERAL
.—Section 7 of the Export-Import Bank Act
of 1945 (12 U.S.C. 635f) is amended by striking ‘‘2014’’ and inserting
‘‘2019’’.
(b) D
UAL
-U
SE
E
XPORTS
.—Section 1(c) of Public Law 103–428
(12 U.S.C. 635 note) is amended by striking ‘‘September 30, 2014’’
and inserting ‘‘the date on which the authority of the Export-
Import Bank of the United States expires under section 7 of the
Export-Import Bank Act of 1945 (12 U.S.C. 635f)’’.
(c) S
UB
-S
AHARAN
A
FRICA
A
DVISORY
C
OMMITTEE
.—Section
2(b)(9)(B)(iii) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(9)(B)(iii)) is amended by striking ‘‘September 30, 2014’’ and
inserting ‘‘the date on which the authority of the Bank expires
under section 7’’.
(d) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall take effect on the earlier of the date of the enactment of
this Act or June 30, 2015.
SEC. 54002. CERTAIN UPDATED LOAN TERMS AND AMOUNTS.
(a) L
OAN
T
ERMS FOR
M
EDIUM
-T
ERM
F
INANCING
.—Section
2(a)(2)(A) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(a)(2)(A)) is amended—
(1) in clause (i), by striking ‘‘; and’’ and inserting a semi-
colon; and
(2) by adding at the end the following:
12 USC 635 note.
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129 STAT. 1769 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(iii) with principal amounts of not more than
$25,000,000; and’’.
(b) C
OMPETITIVE
O
PPORTUNITIES
R
ELATING TO
I
NSURANCE
.—
Section 2(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(d)(2)) is amended by striking ‘‘$10,000,000’’ and inserting
‘‘$25,000,000’’.
(c) E
XPORT
A
MOUNTS FOR
S
MALL
B
USINESS
L
OANS
.—Section
3(g)(3) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(g)(3))
is amended by striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’.
(d) C
ONSIDERATION OF
E
NVIRONMENTAL
E
FFECTS
.—Section
11(a)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i–
5(a)(1)(A)) is amended by striking ‘‘$10,000,000 or more’’ and
inserting the following: ‘‘$25,000,000 (or, if less than $25,000,000,
the threshold established pursuant to international agreements,
including the Common Approaches for Officially Supported Export
Credits and Environmental and Social Due Diligence, as adopted
by the Organisation for Economic Co-operation and Development
Council on June 28, 2012, and the risk-management framework
adopted by financial institutions for determining, assessing, and
managing environmental and social risk in projects (commonly
referred to as the ‘Equator Principles’)) or more’’.
(e) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall apply with respect to fiscal year 2016 and each fiscal year
thereafter.
TITLE LV—OTHER MATTERS
SEC. 55001. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.
Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C.
635 et seq.) is amended by adding at the end the following:
‘‘(k) P
ROHIBITION ON
D
ISCRIMINATION
B
ASED ON
I
NDUSTRY
.—
‘‘(1) I
N GENERAL
.—Except as provided in this Act, the Bank
may not—
‘‘(A) deny an application for financing based solely
on the industry, sector, or business that the application
concerns; or
‘‘(B) promulgate or implement policies that discrimi-
nate against an application based solely on the industry,
sector, or business that the application concerns.
‘‘(2) A
PPLICABILITY
.—The prohibitions under paragraph (1)
apply only to applications for financing by the Bank for projects
concerning the exploration, development, production, or export
of energy sources and the generation or transmission of elec-
trical power, or combined heat and power, regardless of the
energy source involved.’’.
SEC. 55002. NEGOTIATIONS TO END EXPORT CREDIT FINANCING.
(a) I
N
G
ENERAL
.—Section 11 of the Export-Import Bank
Reauthorization Act of 2012 (12 U.S.C. 635a–5) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘Secretary of the Treasury (in this section referred to as
the ‘Secretary’)’’ and inserting ‘‘President’’; and
(B) in paragraph (1)—
(i) by striking ‘‘(OECD)’’ and inserting ‘‘(in this
section referred to as the ‘OECD’)’’; and
12 USC 635 note.
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129 STAT. 1770 PUBLIC LAW 114–94—DEC. 4, 2015
(ii) by striking ‘‘ultimate goal of eliminating’’ and
inserting ‘‘possible goal of eliminating, before the date
that is 10 years after the date of the enactment of
the Export-Import Bank Reform and Reauthorization
Act of 2015,’’;
(2) in subsection (b), by striking ‘‘Secretary’’ each place
it appears and inserting ‘‘President’’; and
(3) by adding at the end the following:
‘‘(c) R
EPORT ON
S
TRATEGY
.—Not later than 180 days after the
date of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, the President shall submit to Congress
a proposal, and a strategy for achieving the proposal, that the
United States Government will pursue with other major exporting
countries, including OECD members and non-OECD members, to
eliminate over a period of not more than 10 years subsidized export-
financing programs, tied aid, export credits, and all other forms
of government-supported export subsidies.
‘‘(d) N
EGOTIATIONS
W
ITH
N
ON
-OECD M
EMBERS
.—The President
shall initiate and pursue negotiations with countries that are not
OECD members to bring those countries into a multilateral agree-
ment establishing rules and limitations on officially supported
export credits.
‘‘(e) A
NNUAL
R
EPORTS ON
P
ROGRESS OF
N
EGOTIATIONS
.—Not
later than 180 days after the date of the enactment of the Export-
Import Bank Reform and Reauthorization Act of 2015, and annually
thereafter through calendar year 2019, the President shall submit
to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives a report on the progress of any negotiations
described in subsection (d).’’.
(b) E
FFECTIVE
D
ATE
.—The amendments made by paragraphs
(1) and (2) of subsection (a) shall apply with respect to reports
required to be submitted under section 11(b) of the Export-Import
Bank Reauthorization Act of 2012 (12 U.S.C. 635a–5(b)) after the
date of the enactment of this Act.
SEC. 55003. STUDY OF FINANCING FOR INFORMATION AND COMMU-
NICATIONS TECHNOLOGY SYSTEMS.
(a) A
NALYSIS OF
I
NFORMATION AND
C
OMMUNICATIONS
T
ECH
-
NOLOGY
I
NDUSTRY
U
SE OF
B
ANK
P
RODUCTS
.—The Export-Import
Bank of the United States (in this section referred to as the ‘‘Bank’’)
shall conduct a study of the extent to which the products offered
by the Bank are available and used by companies that export
information and communications technology services and related
goods.
(b) E
LEMENTS
.—In conducting the study required by subsection
(a), the Bank shall examine the following:
(1) The number of jobs in the United States that are
supported by the export of information and communications
technology services and related goods, and the degree to which
access to financing will increase exports of such services and
related goods.
(2) The reduction in the financing by the Bank of exports
of information and communications technology services from
2003 through 2014.
12 USC 635a–5
note.
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129 STAT. 1771 PUBLIC LAW 114–94—DEC. 4, 2015
(3) The activities of foreign export credit agencies to facili-
tate the export of information and communications technology
services and related goods.
(4) Specific proposals for how the Bank could provide addi-
tional financing for the exportation of information and commu-
nications technology services and related goods through risk-
sharing with other export credit agencies and other third par-
ties.
(5) Proposals for new products the Bank could offer to
provide financing for exports of information and communica-
tions technology services and related goods, including—
(A) the extent to which the Bank is authorized to
offer new products;
(B) the extent to which the Bank would need additional
authority to offer new products to meet the needs of the
information and communications technology industry;
(C) specific proposals for changes in law that would
enable the Bank to provide increased financing for exports
of information and communications technology services and
related goods in compliance with the credit and risk stand-
ards of the Bank;
(D) specific proposals that would enable the Bank to
provide increased outreach to the information and commu-
nications technology industry about the products the Bank
offers; and
(E) specific proposals for changes in law that would
enable the Bank to provide the financing to build informa-
tion and communications technology infrastructure, in
compliance with the credit and risk standards of the Bank,
to allow for market access opportunities for United States
information and communications technology companies to
provide services on the infrastructure being financed by
the Bank.
(c) R
EPORT
.—Not later than 180 days after the date of the
enactment of this Act, the Bank shall submit to Congress a report
that contains the results of the study required by subsection (a).
DIVISION F—ENERGY SECURITY
SEC. 61001. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY
DISRUPTIONS.
(a) F
INDING
.—Congress finds that recent natural disasters have
underscored the importance of having resilient oil and natural
gas infrastructure and effective ways for industry and government
to communicate to address energy supply disruptions.
(b) A
UTHORIZATION FOR
A
CTIVITIES TO
E
NHANCE
E
MERGENCY
P
REPAREDNESS FOR
N
ATURAL
D
ISASTERS
.—The Secretary of Energy
shall develop and adopt procedures to—
(1) improve communication and coordination between the
Department of Energy’s energy response team, Federal part-
ners, and industry;
(2) leverage the Energy Information Administration’s sub-
ject matter expertise within the Department’s energy response
team to improve supply chain situation assessments;
42 USC 7131
note.
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129 STAT. 1772 PUBLIC LAW 114–94—DEC. 4, 2015
(3) establish company liaisons and direct communication
with the Department’s energy response team to improve situa-
tion assessments;
(4) streamline and enhance processes for obtaining tem-
porary regulatory relief to speed up emergency response and
recovery;
(5) facilitate and increase engagement among States, the
oil and natural gas industry, and the Department in developing
State and local energy assurance plans;
(6) establish routine education and training programs for
key government emergency response positions with the Depart-
ment and States; and
(7) involve States and the oil and natural gas industry
in comprehensive drill and exercise programs.
(c) C
OOPERATION
.—The activities carried out under subsection
(b) shall include collaborative efforts with State and local govern-
ment officials and the private sector.
(d) R
EPORT
.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary of Energy shall submit to Congress
a report describing the effectiveness of the activities authorized
under this section.
SEC. 61002. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY CON-
FLICTS.
(a) C
OMPLIANCE
W
ITH OR
V
IOLATION OF
E
NVIRONMENTAL
L
AWS
W
HILE
U
NDER
E
MERGENCY
O
RDER
.—Section 202(c) of the Federal
Power Act (16 U.S.C. 824a(c)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(2) by adding at the end the following:
‘‘(2) With respect to an order issued under this subsection
that may result in a conflict with a requirement of any Federal,
State, or local environmental law or regulation, the Commission
shall ensure that such order requires generation, delivery, inter-
change, or transmission of electric energy only during hours nec-
essary to meet the emergency and serve the public interest, and,
to the maximum extent practicable, is consistent with any applicable
Federal, State, or local environmental law or regulation and mini-
mizes any adverse environmental impacts.
‘‘(3) To the extent any omission or action taken by a party,
that is necessary to comply with an order issued under this sub-
section, including any omission or action taken to voluntarily comply
with such order, results in noncompliance with, or causes such
party to not comply with, any Federal, State, or local environmental
law or regulation, such omission or action shall not be considered
a violation of such environmental law or regulation, or subject
such party to any requirement, civil or criminal liability, or a
citizen suit under such environmental law or regulation.
‘‘(4)(A) An order issued under this subsection that may result
in a conflict with a requirement of any Federal, State, or local
environmental law or regulation shall expire not later than 90
days after it is issued. The Commission may renew or reissue
such order pursuant to paragraphs (1) and (2) for subsequent
periods, not to exceed 90 days for each period, as the Commission
determines necessary to meet the emergency and serve the public
interest.
‘‘(B) In renewing or reissuing an order under subparagraph
(A), the Commission shall consult with the primary Federal agency
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129 STAT. 1773 PUBLIC LAW 114–94—DEC. 4, 2015
with expertise in the environmental interest protected by such
law or regulation, and shall include in any such renewed or reissued
order such conditions as such Federal agency determines necessary
to minimize any adverse environmental impacts to the extent prac-
ticable. The conditions, if any, submitted by such Federal agency
shall be made available to the public. The Commission may exclude
such a condition from the renewed or reissued order if it determines
that such condition would prevent the order from adequately
addressing the emergency necessitating such order and provides
in the order, or otherwise makes publicly available, an explanation
of such determination.
‘‘(5) If an order issued under this subsection is subsequently
stayed, modified, or set aside by a court pursuant to section 313
or any other provision of law, any omission or action previously
taken by a party that was necessary to comply with the order
while the order was in effect, including any omission or action
taken to voluntarily comply with the order, shall remain subject
to paragraph (3).’’.
(b) T
EMPORARY
C
ONNECTION OR
C
ONSTRUCTION BY
M
UNICIPALI
-
TIES
.—Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d))
is amended by inserting ‘‘or municipality’’ before ‘‘engaged in the
transmission or sale of electric energy’’.
SEC. 61003. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
(a) C
RITICAL
E
LECTRIC
I
NFRASTRUCTURE
S
ECURITY
.—Part II of
the Federal Power Act (16 U.S.C. 824 et seq.) is amended by
adding after section 215 the following new section:
‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
‘‘(a) D
EFINITIONS
.—For purposes of this section:
‘‘(1) B
ULK
-
POWER SYSTEM
;
ELECTRIC RELIABILITY ORGANIZA
-
TION
;
REGIONAL ENTITY
.—The terms ‘bulk-power system’, ‘Elec-
tric Reliability Organization’, and ‘regional entity’ have the
meanings given such terms in paragraphs (1), (2), and (7)
of section 215(a), respectively.
‘‘(2) C
RITICAL ELECTRIC INFRASTRUCTURE
.—The term ‘crit-
ical electric infrastructure’ means a system or asset of the
bulk-power system, whether physical or virtual, the incapacity
or destruction of which would negatively affect national secu-
rity, economic security, public health or safety, or any combina-
tion of such matters.
‘‘(3) C
RITICAL ELECTRIC INFRASTRUCTURE INFORMATION
.—
The term ‘critical electric infrastructure information’ means
information related to critical electric infrastructure, or pro-
posed critical electrical infrastructure, generated by or provided
to the Commission or other Federal agency, other than classi-
fied national security information, that is designated as critical
electric infrastructure information by the Commission or the
Secretary pursuant to subsection (d). Such term includes
information that qualifies as critical energy infrastructure
information under the Commission’s regulations.
‘‘(4) D
EFENSE CRITICAL ELECTRIC INFRASTRUCTURE
.—The
term ‘defense critical electric infrastructure’ means any electric
infrastructure located in any of the 48 contiguous States or
the District of Columbia that serves a facility designated by
the Secretary pursuant to subsection (c), but is not owned
or operated by the owner or operator of such facility.
16 USC 824o–1.
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129 STAT. 1774 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(5) E
LECTROMAGNETIC PULSE
.—The term ‘electromagnetic
pulse’ means 1 or more pulses of electromagnetic energy emitted
by a device capable of disabling or disrupting operation of,
or destroying, electronic devices or communications networks,
including hardware, software, and data, by means of such a
pulse.
‘‘(6) G
EOMAGNETIC STORM
.—The term ‘geomagnetic storm’
means a temporary disturbance of the Earth’s magnetic field
resulting from solar activity.
‘‘(7) G
RID SECURITY EMERGENCY
.—The term ‘grid security
emergency’ means the occurrence or imminent danger of—
‘‘(A)(i) a malicious act using electronic communication
or an electromagnetic pulse, or a geomagnetic storm event,
that could disrupt the operation of those electronic devices
or communications networks, including hardware, software,
and data, that are essential to the reliability of critical
electric infrastructure or of defense critical electric infra-
structure; and
‘‘(ii) disruption of the operation of such devices or net-
works, with significant adverse effects on the reliability
of critical electric infrastructure or of defense critical elec-
tric infrastructure, as a result of such act or event; or
‘‘(B)(i) a direct physical attack on critical electric infra-
structure or on defense critical electric infrastructure; and
‘‘(ii) significant adverse effects on the reliability of crit-
ical electric infrastructure or of defense critical electric
infrastructure as a result of such physical attack.
‘‘(8) S
ECRETARY
.—The term ‘Secretary’ means the Secretary
of Energy.
‘‘(b) A
UTHORITY TO
A
DDRESS
G
RID
S
ECURITY
E
MERGENCY
.—
‘‘(1) A
UTHORITY
.—Whenever the President issues and pro-
vides to the Secretary a written directive or determination
identifying a grid security emergency, the Secretary may, with
or without notice, hearing, or report, issue such orders for
emergency measures as are necessary in the judgment of the
Secretary to protect or restore the reliability of critical electric
infrastructure or of defense critical electric infrastructure
during such emergency. As soon as practicable but not later
than 180 days after the date of enactment of this section,
the Secretary shall, after notice and opportunity for comment,
establish rules of procedure that ensure that such authority
can be exercised expeditiously.
‘‘(2) N
OTIFICATION OF CONGRESS
.—Whenever the President
issues and provides to the Secretary a written directive or
determination under paragraph (1), the President shall
promptly notify congressional committees of relevant jurisdic-
tion, including the Committee on Energy and Commerce of
the House of Representatives and the Committee on Energy
and Natural Resources of the Senate, of the contents of, and
justification for, such directive or determination.
‘‘(3) C
ONSULTATION
.—Before issuing an order for emergency
measures under paragraph (1), the Secretary shall, to the extent
practicable in light of the nature of the grid security emergency
and the urgency of the need for action, consult with appropriate
governmental authorities in Canada and Mexico, entities
described in paragraph (4), the Electricity Sub-sector Coordi-
nating Council, the Commission, and other appropriate Federal
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129 STAT. 1775 PUBLIC LAW 114–94—DEC. 4, 2015
agencies regarding implementation of such emergency meas-
ures.
‘‘(4) A
PPLICATION
.—An order for emergency measures under
this subsection may apply to—
‘‘(A) the Electric Reliability Organization;
‘‘(B) a regional entity; or
‘‘(C) any owner, user, or operator of critical electric
infrastructure or of defense critical electric infrastructure
within the United States.
‘‘(5) E
XPIRATION AND REISSUANCE
.—
‘‘(A) I
N GENERAL
.—Except as provided in subparagraph
(B), an order for emergency measures issued under para-
graph (1) shall expire no later than 15 days after its
issuance.
‘‘(B) E
XTENSIONS
.—The Secretary may reissue an order
for emergency measures issued under paragraph (1) for
subsequent periods, not to exceed 15 days for each such
period, provided that the President, for each such period,
issues and provides to the Secretary a written directive
or determination that the grid security emergency identi-
fied under paragraph (1) continues to exist or that the
emergency measure continues to be required.
‘‘(6) C
OST RECOVERY
.—
‘‘(A) C
RITICAL ELECTRIC INFRASTRUCTURE
.—If the
Commission determines that owners, operators, or users
of critical electric infrastructure have incurred substantial
costs to comply with an order for emergency measures
issued under this subsection and that such costs were
prudently incurred and cannot reasonably be recovered
through regulated rates or market prices for the electric
energy or services sold by such owners, operators, or users,
the Commission shall, consistent with the requirements
of section 205, after notice and an opportunity for comment,
establish a mechanism that permits such owners, operators,
or users to recover such costs.
‘‘(B) D
EFENSE CRITICAL ELECTRIC INFRASTRUCTURE
.—
To the extent the owner or operator of defense critical
electric infrastructure is required to take emergency meas-
ures pursuant to an order issued under this subsection,
the owners or operators of a critical defense facility or
facilities designated by the Secretary pursuant to sub-
section (c) that rely upon such infrastructure shall bear
the full incremental costs of the measures.
‘‘(7) T
EMPORARY ACCESS TO CLASSIFIED INFORMATION
.—The
Secretary, and other appropriate Federal agencies, shall, to
the extent practicable and consistent with their obligations
to protect classified information, provide temporary access to
classified information related to a grid security emergency for
which emergency measures are issued under paragraph (1)
to key personnel of any entity subject to such emergency meas-
ures to enable optimum communication between the entity
and the Secretary and other appropriate Federal agencies
regarding the grid security emergency.
‘‘(c) D
ESIGNATION OF
C
RITICAL
D
EFENSE
F
ACILITIES
.—Not later
than 180 days after the date of enactment of this section, the
Secretary, in consultation with other appropriate Federal agencies
and appropriate owners, users, or operators of infrastructure that
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129 STAT. 1776 PUBLIC LAW 114–94—DEC. 4, 2015
may be defense critical electric infrastructure, shall identify and
designate facilities located in the 48 contiguous States and the
District of Columbia that are—
‘‘(1) critical to the defense of the United States; and
‘‘(2) vulnerable to a disruption of the supply of electric
energy provided to such facility by an external provider.
The Secretary may, in consultation with appropriate Federal agen-
cies and appropriate owners, users, or operators of defense critical
electric infrastructure, periodically revise the list of designated
facilities as necessary.
‘‘(d) P
ROTECTION AND
S
HARING OF
C
RITICAL
E
LECTRIC
I
NFRA
-
STRUCTURE
I
NFORMATION
.—
‘‘(1) P
ROTECTION OF CRITICAL ELECTRIC INFRASTRUCTURE
INFORMATION
.—Critical electric infrastructure information—
‘‘(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
‘‘(B) shall not be made available by any Federal, State,
political subdivision or tribal authority pursuant to any
Federal, State, political subdivision or tribal law requiring
public disclosure of information or records.
‘‘(2) D
ESIGNATION AND SHARING OF CRITICAL ELECTRIC
INFRASTRUCTURE INFORMATION
.—Not later than one year after
the date of enactment of this section, the Commission, after
consultation with the Secretary, shall promulgate such regula-
tions as necessary to—
‘‘(A) establish criteria and procedures to designate
information as critical electric infrastructure information;
‘‘(B) prohibit the unauthorized disclosure of critical
electric infrastructure information;
‘‘(C) ensure there are appropriate sanctions in place
for Commissioners, officers, employees, or agents of the
Commission or the Department of Energy who knowingly
and willfully disclose critical electric infrastructure
information in a manner that is not authorized under this
section; and
‘‘(D) taking into account standards of the Electric Reli-
ability Organization, facilitate voluntary sharing of critical
electric infrastructure information with, between, and by—
‘‘(i) Federal, State, political subdivision, and tribal
authorities;
‘‘(ii) the Electric Reliability Organization;
‘‘(iii) regional entities;
‘‘(iv) information sharing and analysis centers
established pursuant to Presidential Decision Directive
63;
‘‘(v) owners, operators, and users of critical electric
infrastructure in the United States; and
‘‘(vi) other entities determined appropriate by the
Commission.
‘‘(3) A
UTHORITY TO DESIGNATE
.—Information may be des-
ignated by the Commission or the Secretary as critical electric
infrastructure information pursuant to the criteria and proce-
dures established by the Commission under paragraph (2)(A).
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129 STAT. 1777 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(4) C
ONSIDERATIONS
.—In exercising their respective
authorities under this subsection, the Commission and the Sec-
retary shall take into consideration the role of State commis-
sions in reviewing the prudence and cost of investments, deter-
mining the rates and terms of conditions for electric services,
and ensuring the safety and reliability of the bulk-power system
and distribution facilities within their respective jurisdictions.
‘‘(5) P
ROTOCOLS
.—The Commission and the Secretary shall,
in consultation with Canadian and Mexican authorities, develop
protocols for the voluntary sharing of critical electric infrastruc-
ture information with Canadian and Mexican authorities and
owners, operators, and users of the bulk-power system outside
the United States.
‘‘(6) N
O REQUIRED SHARING OF INFORMATION
.—Nothing in
this section shall require a person or entity in possession of
critical electric infrastructure information to share such
information with Federal, State, political subdivision, or tribal
authorities, or any other person or entity.
‘‘(7) S
UBMISSION OF INFORMATION TO CONGRESS
.—Nothing
in this section shall permit or authorize the withholding of
information from Congress, any committee or subcommittee
thereof, or the Comptroller General.
‘‘(8) D
ISCLOSURE OF NONPROTECTED INFORMATION
.—In
implementing this section, the Commission and the Secretary
shall segregate critical electric infrastructure information or
information that reasonably could be expected to lead to the
disclosure of the critical electric infrastructure information
within documents and electronic communications, wherever fea-
sible, to facilitate disclosure of information that is not des-
ignated as critical electric infrastructure information.
‘‘(9) D
URATION OF DESIGNATION
.—Information may not be
designated as critical electric infrastructure information for
longer than 5 years, unless specifically re-designated by the
Commission or the Secretary, as appropriate.
‘‘(10) R
EMOVAL OF DESIGNATION
.—The Commission or the
Secretary, as appropriate, shall remove the designation of crit-
ical electric infrastructure information, in whole or in part,
from a document or electronic communication if the Commission
or the Secretary, as appropriate, determines that the unauthor-
ized disclosure of such information could no longer be used
to impair the security or reliability of the bulk-power system
or distribution facilities.
‘‘(11) J
UDICIAL REVIEW OF DESIGNATIONS
.—Notwithstanding
section 313(b), with respect to a petition filed by a person
to which an order under this section applies, any determination
by the Commission or the Secretary concerning the designation
of critical electric infrastructure information under this sub-
section shall be subject to review under chapter 7 of title
5, United States Code, except that such review shall be brought
in the district court of the United States in the district in
which the complainant resides, or has his principal place of
business, or in the District of Columbia. In such a case the
court shall examine in camera the contents of documents or
electronic communications that are the subject of the deter-
mination under review to determine whether such documents
or any part thereof were improperly designated or not des-
ignated as critical electric infrastructure information.
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129 STAT. 1778 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(e) S
ECURITY
C
LEARANCES
.—The Secretary shall facilitate and,
to the extent practicable, expedite the acquisition of adequate secu-
rity clearances by key personnel of any entity subject to the require-
ments of this section, to enable optimum communication with Fed-
eral agencies regarding threats to the security of the critical electric
infrastructure. The Secretary, the Commission, and other appro-
priate Federal agencies shall, to the extent practicable and con-
sistent with their obligations to protect classified and critical electric
infrastructure information, share timely actionable information
regarding grid security with appropriate key personnel of owners,
operators, and users of the critical electric infrastructure.
‘‘(f) C
LARIFICATIONS OF
L
IABILITY
.—
‘‘(1) C
OMPLIANCE WITH OR VIOLATION OF THIS ACT
.—Except
as provided in paragraph (4), to the extent any action or omis-
sion taken by an entity that is necessary to comply with an
order for emergency measures issued under subsection (b)(1),
including any action or omission taken to voluntarily comply
with such order, results in noncompliance with, or causes such
entity not to comply with any rule, order, regulation, or provi-
sion of this Act, including any reliability standard approved
by the Commission pursuant to section 215, such action or
omission shall not be considered a violation of such rule, order,
regulation, or provision.
‘‘(2) R
ELATION TO SECTION
202(c).—Except as provided in
paragraph (4), an action or omission taken by an owner, oper-
ator, or user of critical electric infrastructure or of defense
critical electric infrastructure to comply with an order for emer-
gency measures issued under subsection (b)(1) shall be treated
as an action or omission taken to comply with an order issued
under section 202(c) for purposes of such section.
‘‘(3) S
HARING OR RECEIPT OF INFORMATION
.—No cause of
action shall lie or be maintained in any Federal or State court
for the sharing or receipt of information under, and that is
conducted in accordance with, subsection (d).
‘‘(4) R
ULE OF CONSTRUCTION
.—Nothing in this subsection
shall be construed to require dismissal of a cause of action
against an entity that, in the course of complying with an
order for emergency measures issued under subsection (b)(1)
by taking an action or omission for which they would be liable
but for paragraph (1) or (2 ), takes such action or omission
in a grossly negligent manner.’’.
(b) C
ONFORMING
A
MENDMENTS
.—
(1) J
URISDICTION
.—Section 201(b)(2) of the Federal Power
Act (16 U.S.C. 824(b)(2)) is amended by inserting ‘‘215A,’’ after
‘‘215,’’ each place it appears.
(2) P
UBLIC UTILITY
.—Section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)) is amended by inserting ‘‘215A,’’ after
‘‘215,’’.
(c) E
NHANCED
G
RID
S
ECURITY
.—
(1) D
EFINITIONS
.—In this subsection:
(A) C
RITICAL ELECTRIC INFRASTRUCTURE
;
CRITICAL
ELECTRIC INFRASTRUCTURE INFORMATION
.—The terms ‘‘crit-
ical electric infrastructure’’ and ‘‘critical electric infrastruc-
ture information’’ have the meanings given those terms
in section 215A of the Federal Power Act.
6 USC 121 note.
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129 STAT. 1779 PUBLIC LAW 114–94—DEC. 4, 2015
(B) S
ECTOR
-
SPECIFIC AGENCY
.—The term ‘‘Sector-Spe-
cific Agency’’ has the meaning given that term in the Presi-
dential Policy Directive entitled ‘‘Critical Infrastructure
Security and Resilience’’, numbered 21, and dated February
12, 2013.
(2) S
ECTOR
-
SPECIFIC AGENCY FOR CYBERSECURITY FOR THE
ENERGY SECTOR
.—
(A) I
N GENERAL
.—The Department of Energy shall be
the lead Sector-Specific Agency for cybersecurity for the
energy sector.
(B) D
UTIES
.—As head of the designated Sector-Specific
Agency for cybersecurity, the duties of the Secretary of
Energy shall include—
(i) coordinating with the Department of Homeland
Security and other relevant Federal departments and
agencies;
(ii) collaborating with—
(I) critical electric infrastructure owners and
operators; and
(II) as appropriate—
(aa) independent regulatory agencies; and
(bb) State, local, tribal, and territorial
entities;
(cc) serving as a day-to-day Federal inter-
face for the dynamic prioritization and
coordination of sector-specific activities;
(dd) carrying out incident management
responsibilities consistent with applicable law
(including regulations) and other appropriate
policies or directives;
(ee) providing, supporting, or facilitating
technical assistance and consultations for the
energy sector to identify vulnerabilities and
help mitigate incidents, as appropriate; and
(ff) supporting the reporting requirements
of the Department of Homeland Security
under applicable law by providing, on an
annual basis, sector-specific critical electric
infrastructure information.
SEC. 61004. STRATEGIC TRANSFORMER RESERVE.
(a) F
INDING
.—Congress finds that the storage of strategically
located spare large power transformers and emergency mobile sub-
stations will reduce the vulnerability of the United States to mul-
tiple risks facing electric grid reliability, including physical attack,
cyber attack, electromagnetic pulse, geomagnetic disturbances,
severe weather, and seismic events.
(b) D
EFINITIONS
.—In this section:
(1) B
ULK
-
POWER SYSTEM
.—The term ‘‘bulk-power system’’
has the meaning given such term in section 215(a) of the
Federal Power Act (16 U.S.C. 824o(a)).
(2) C
RITICALLY DAMAGED LARGE POWER TRANSFORMER
.—
The term ‘‘critically damaged large power transformer’’ means
a large power transformer that—
(A) has sustained extensive damage such that—
(i) repair or refurbishment is not economically
viable; or
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129 STAT. 1780 PUBLIC LAW 114–94—DEC. 4, 2015
(ii) the extensive time to repair or refurbish the
large power transformer would create an extended
period of instability in the bulk-power system; and
(B) prior to sustaining such damage, was part of the
bulk-power system.
(3) C
RITICAL ELECTRIC INFRASTRUCTURE
.—The term ‘‘crit-
ical electric infrastructure’’ has the meaning given that term
in section 215A of the Federal Power Act.
(4) E
LECTRIC RELIABILITY ORGANIZATION
.—The term ‘‘Elec-
tric Reliability Organization’’ has the meaning given such term
in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(5) E
MERGENCY MOBILE SUBSTATION
.—The term ‘‘emergency
mobile substation’’ means a mobile substation or mobile trans-
former that is—
(A) assembled and permanently mounted on a trailer
that is capable of highway travel and meets relevant
Department of Transportation regulations; and
(B) intended for express deployment and capable of
being rapidly placed into service.
(6) L
ARGE POWER TRANSFORMER
.—The term ‘‘large power
transformer’’ means a power transformer with a maximum
nameplate rating of 100 megavolt-amperes or higher, including
related critical equipment, that is, or is intended to be, a
part of the bulk-power system.
(7) S
ECRETARY
.—The term ‘‘Secretary’’ means the Secretary
of Energy.
(8) S
PARE LARGE POWER TRANSFORMER
.—The term ‘‘spare
large power transformer’’ means a large power transformer
that is stored within the Strategic Transformer Reserve to
be available to temporarily replace a critically damaged large
power transformer.
(c) S
TRATEGIC
T
RANSFORMER
R
ESERVE
P
LAN
.—
(1) P
LAN
.—Not later than 1 year after the date of enactment
of this Act, the Secretary, acting through the Office of Elec-
tricity Delivery and Energy Reliability, shall, in consultation
with the Federal Energy Regulatory Commission, the Electricity
Sub-sector Coordinating Council, the Electric Reliability
Organization, and owners and operators of critical electric infra-
structure and defense and military installations, prepare and
submit to Congress a plan to establish a Strategic Transformer
Reserve for the storage, in strategically located facilities, of
spare large power transformers and emergency mobile sub-
stations in sufficient numbers to temporarily replace critically
damaged large power transformers and substations that are
critical electric infrastructure or serve defense and military
installations.
(2) I
NCLUSIONS
.—The Strategic Transformer Reserve plan
shall include a description of—
(A) the appropriate number and type of spare large
power transformers necessary to provide or restore suffi-
cient resiliency to the bulk-power system, critical electric
infrastructure, and defense and military installations to
mitigate significant impacts to the electric grid resulting
from—
(i) physical attack;
(ii) cyber attack;
(iii) electromagnetic pulse attack;
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129 STAT. 1781 PUBLIC LAW 114–94—DEC. 4, 2015
(iv) geomagnetic disturbances;
(v) severe weather; or
(vi) seismic events;
(B) other critical electric grid equipment for which
an inventory of spare equipment, including emergency
mobile substations, is necessary to provide or restore suffi-
cient resiliency to the bulk-power system, critical electric
infrastructure, and defense and military installations;
(C) the degree to which utility sector actions or initia-
tives, including individual utility ownership of spare equip-
ment, joint ownership of spare equipment inventory,
sharing agreements, or other spare equipment reserves
or arrangements, satisfy the needs identified under sub-
paragraphs (A) and (B);
(D) the potential locations for, and feasibility and
appropriate number of, strategic storage locations for
reserve equipment, including consideration of—
(i) the physical security of such locations;
(ii) the protection of the confidentiality of such
locations; and
(iii) the proximity of such locations to sites of
potentially critically damaged large power trans-
formers and substations that are critical electric infra-
structure or serve defense and military installations,
so as to enable efficient delivery of equipment to such
sites;
(E) the necessary degree of flexibility of spare large
power transformers to be included in the Strategic Trans-
former Reserve to conform to different substation configura-
tions, including consideration of transformer—
(i) power and voltage rating for each winding;
(ii) overload requirements;
(iii) impedance between windings;
(iv) configuration of windings; and
(v) tap requirements;
(F) an estimate of the direct cost of the Strategic Trans-
former Reserve, as proposed, including—
(i) the cost of storage facilities;
(ii) the cost of the equipment; and
(iii) management, maintenance, and operation
costs;
(G) the funding options available to establish, stock,
manage, and maintain the Strategic Transformer Reserve,
including consideration of fees on owners and operators
of bulk-power system facilities, critical electric infrastruc-
ture, and defense and military installations relying on the
Strategic Transformer Reserve, use of Federal appropria-
tions, and public-private cost-sharing options;
(H) the ease and speed of transportation, installation,
and energization of spare large power transformers to be
included in the Strategic Transformer Reserve, including
consideration of factors such as—
(i) transformer transportation weight;
(ii) transformer size;
(iii) topology of critical substations;
(iv) availability of appropriate transformer
mounting pads;
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129 STAT. 1782 PUBLIC LAW 114–94—DEC. 4, 2015
(v) flexibility of the spare large power transformers
as described in subparagraph (E); and
(vi) ability to rapidly transition a spare large power
transformer from storage to energization;
(I) eligibility criteria for withdrawal of equipment from
the Strategic Transformer Reserve;
(J) the process by which owners or operators of criti-
cally damaged large power transformers or substations that
are critical electric infrastructure or serve defense and
military installations may apply for a withdrawal from
the Strategic Transformer Reserve;
(K) the process by which equipment withdrawn from
the Strategic Transformer Reserve is returned to the Stra-
tegic Transformer Reserve or is replaced;
(L) possible fees to be paid by users of equipment
withdrawn from the Strategic Transformer Reserve;
(M) possible fees to be paid by owners and operators
of large power transformers and substations that are crit-
ical electric infrastructure or serve defense and military
installations to cover operating costs of the Strategic Trans-
former Reserve;
(N) the domestic and international large power trans-
former supply chain;
(O) the potential reliability, cost, and operational bene-
fits of including emergency mobile substations in any Stra-
tegic Transformer Reserve established under this section;
and
(P) other considerations for designing, constructing,
stocking, funding, and managing the Strategic Transformer
Reserve.
(d) D
ISCLOSURE OF
I
NFORMATION
.—Any information included
in the Strategic Transformer Reserve plan, or shared in the prepara-
tion and development of such plan, the disclosure of which could
cause harm to critical electric infrastructure, shall be exempt from
disclosure under section 552(b)(3) of title 5, United States Code,
and any State, tribal, or local law requiring disclosure of information
or records.
SEC. 61005. ENERGY SECURITY VALUATION.
(a) E
STABLISHMENT OF
E
NERGY
S
ECURITY
V
ALUATION
M
ETHODS
.—Not later than 1 year after the date of enactment
of this Act, the Secretary of Energy, in collaboration with the
Secretary of State, shall develop and transmit, after public notice
and comment, to the Committee on Energy and Commerce and
the Committee on Foreign Affairs of the House of Representatives
and the Committee on Energy and Natural Resources and the
Committee on Foreign Relations of the Senate a report that includes
recommended United States energy security valuation methods.
In developing the report, the Secretaries may consider the rec-
ommendations of the Administration’s Quadrennial Energy Review
released on April 21, 2015. The report shall—
(1) evaluate and define United States energy security to
reflect modern domestic and global energy markets and the
collective needs of the United States and its allies and partners;
(2) identify transparent and uniform or coordinated proce-
dures and criteria to ensure that energy-related actions that
significantly affect the supply, distribution, or use of energy
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129 STAT. 1783 PUBLIC LAW 114–94—DEC. 4, 2015
are evaluated with respect to their potential impact on energy
security, including their impact on—
(A) consumers and the economy;
(B) energy supply diversity and resiliency;
(C) well-functioning and competitive energy markets;
(D) United States trade balance; and
(E) national security objectives; and
(3) include a recommended implementation strategy that
identifies and aims to ensure that the procedures and criteria
referred to in paragraph (2) are—
(A) evaluated consistently across the Federal Govern-
ment; and
(B) weighed appropriately and balanced with environ-
mental considerations required by Federal law.
(b) P
ARTICIPATION
.—In developing the report referred to in
subsection (a), the Secretaries may consult with relevant Federal,
State, private sector, and international participants, as appropriate
and consistent with applicable law.
DIVISION G—FINANCIAL SERVICES
TITLE LXXI—IMPROVING ACCESS TO
CAPITAL FOR EMERGING GROWTH
COMPANIES
SEC. 71001. FILING REQUIREMENT FOR PUBLIC FILING PRIOR TO
PUBLIC OFFERING.
Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1))
is amended by striking ‘‘21 days’’ and inserting ‘‘15 days’’.
SEC. 71002. GRACE PERIOD FOR CHANGE OF STATUS OF EMERGING
GROWTH COMPANIES.
Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1))
is further amended by adding at the end the following: ‘‘An issuer
that was an emerging growth company at the time it submitted
a confidential registration statement or, in lieu thereof, a publicly
filed registration statement for review under this subsection but
ceases to be an emerging growth company thereafter shall continue
to be treated as an emerging market growth company for the
purposes of this subsection through the earlier of the date on
which the issuer consummates its initial public offering pursuant
to such registrations statement or the end of the 1-year period
beginning on the date the company ceases to be an emerging growth
company.’’.
SEC. 71003. SIMPLIFIED DISCLOSURE REQUIREMENTS FOR EMERGING
GROWTH COMPANIES.
Section 102 of the Jumpstart Our Business Startups Act (Public
Law 112–106) is amended by adding at the end the following:
‘‘(d) S
IMPLIFIED
D
ISCLOSURE
R
EQUIREMENTS
.—With respect to
an emerging growth company (as such term is defined under section
2 of the Securities Act of 1933):
‘‘(1) R
EQUIREMENT TO INCLUDE NOTICE ON FORMS S
–
1 AND
F
–
1
.—Not later than 30 days after the date of enactment of
this subsection, the Securities and Exchange Commission shall
15 USC 77g note.
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129 STAT. 1784 PUBLIC LAW 114–94—DEC. 4, 2015
revise its general instructions on Forms S–1 and F–1 to indicate
that a registration statement filed (or submitted for confidential
review) by an issuer prior to an initial public offering may
omit financial information for historical periods otherwise
required by regulation S–X (17 CFR 210.1–01 et seq.) as of
the time of filing (or confidential submission) of such registra-
tion statement, provided that—
‘‘(A) the omitted financial information relates to a
historical period that the issuer reasonably believes will
not be required to be included in the Form S–1 or F–
1 at the time of the contemplated offering; and
‘‘(B) prior to the issuer distributing a preliminary pro-
spectus to investors, such registration statement is
amended to include all financial information required by
such regulation S–X at the date of such amendment.
‘‘(2) R
ELIANCE BY ISSUERS
.—Effective 30 days after the
date of enactment of this subsection, an issuer filing a registra-
tion statement (or submitting the statement for confidential
review) on Form S–1 or Form F–1 may omit financial informa-
tion for historical periods otherwise required by regulation S–
X (17 CFR 210.1–01 et seq.) as of the time of filing (or confiden-
tial submission) of such registration statement, provided that—
‘‘(A) the omitted financial information relates to a
historical period that the issuer reasonably believes will
not be required to be included in the Form S–1 or Form
F–1 at the time of the contemplated offering; and
‘‘(B) prior to the issuer distributing a preliminary pro-
spectus to investors, such registration statement is
amended to include all financial information required by
such regulation S–X at the date of such amendment.’’.
TITLE LXXII—DISCLOSURE
MODERNIZATION AND SIMPLIFICATION
SEC. 72001. SUMMARY PAGE FOR FORM 10–K.
Not later than the end of the 180-day period beginning on
the date of the enactment of this Act, the Securities and Exchange
Commission shall issue regulations to permit issuers to submit
a summary page on form 10–K (17 CFR 249.310), but only if
each item on such summary page includes a cross-reference (by
electronic link or otherwise) to the material contained in form
10–K to which such item relates.
SEC. 72002. IMPROVEMENT OF REGULATION S–K.
Not later than the end of the 180-day period beginning on
the date of the enactment of this Act, the Securities and Exchange
Commission shall take all such actions to revise regulation S–
K (17 CFR 229.10 et seq.)—
(1) to further scale or eliminate requirements of regulation
S–K, in order to reduce the burden on emerging growth compa-
nies, accelerated filers, smaller reporting companies, and other
smaller issuers, while still providing all material information
to investors;
(2) to eliminate provisions of regulation S–K, required for
all issuers, that are duplicative, overlapping, outdated, or
unnecessary; and
15 USC 77g note.
15 USC 78m
note.
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129 STAT. 1785 PUBLIC LAW 114–94—DEC. 4, 2015
(3) for which the Commission determines that no further
study under section 72203 is necessary to determine the efficacy
of such revisions to regulation S–K.
SEC. 72003. STUDY ON MODERNIZATION AND SIMPLIFICATION OF
REGULATION S–K.
(a) S
TUDY
.—The Securities and Exchange Commission shall
carry out a study of the requirements contained in regulation S–
K (17 CFR 229.10 et seq.). Such study shall—
(1) determine how best to modernize and simplify such
requirements in a manner that reduces the costs and burdens
on issuers while still providing all material information;
(2) emphasize a company by company approach that allows
relevant and material information to be disseminated to inves-
tors without boilerplate language or static requirements while
preserving completeness and comparability of information
across registrants; and
(3) evaluate methods of information delivery and presen-
tation and explore methods for discouraging repetition and
the disclosure of immaterial information.
(b) C
ONSULTATION
.—In conducting the study required under
subsection (a), the Commission shall consult with the Investor
Advisory Committee and the Advisory Committee on Small and
Emerging Companies.
(c) R
EPORT
.—Not later than the end of the 360-day period
beginning on the date of enactment of this Act, the Commission
shall issue a report to the Congress containing—
(1) all findings and determinations made in carrying out
the study required under subsection (a);
(2) specific and detailed recommendations on modernizing
and simplifying the requirements in regulation S–K in a
manner that reduces the costs and burdens on companies while
still providing all material information; and
(3) specific and detailed recommendations on ways to
improve the readability and navigability of disclosure docu-
ments and to discourage repetition and the disclosure of
immaterial information.
(d) R
ULEMAKING
.—Not later than the end of the 360-day period
beginning on the date that the report is issued to the Congress
under subsection (c), the Commission shall issue a proposed rule
to implement the recommendations of the report issued under sub-
section (c).
(e) R
ULE OF
C
ONSTRUCTION
.—Revisions made to regulation S–
K by the Commission under section 202 shall not be construed
as satisfying the rulemaking requirements under this section.
TITLE LXXIII—BULLION AND COLLECT-
IBLE COIN PRODUCTION EFFICIENCY
AND COST SAVINGS
SEC. 73001. TECHNICAL CORRECTIONS.
Title 31, United States Code, is amended—
(1) in section 5112—
(A) in subsection (q)—
(i) by striking paragraphs (3) and (8); and
15 USC 77s note.
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129 STAT. 1786 PUBLIC LAW 114–94—DEC. 4, 2015
(ii) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (3), (4), (5), and (6), respectively;
(B) in subsection (t)(6)(B), by striking ‘‘90 percent silver
and 10 percent copper’’ and inserting ‘‘not less than 90
percent silver’’; and
(C) in subsection (v)—
(i) in paragraph (1), by striking ‘‘Subject to’’ and
all that follows through ‘‘the Secretary shall’’ and
inserting ‘‘The Secretary shall’’;
(ii) in paragraph (2)(A), by striking ‘‘The Secretary’’
and inserting ‘‘To the greatest extent possible, the Sec-
retary’’;
(iii) in paragraph (5), by inserting after ‘‘may issue’’
the following: ‘‘collectible versions of’’; and
(iv) by striking paragraph (8); and
(2) in section 5132(a)(2)(B)(i), by striking ‘‘90 percent silver
and 10 percent copper’’ and inserting ‘‘not less than 90 percent
silver’’.
SEC. 73002. AMERICAN EAGLE SILVER BULLION 30TH ANNIVERSARY.
Proof and uncirculated versions of coins issued by the Secretary
of the Treasury pursuant to subsection (e) of section 5112 of title
31, United States Code, during calendar year 2016 shall have
a smooth edge incused with a designation that notes the 30th
anniversary of the first issue of coins under such subsection.
TITLE LXXIV—SBIC ADVISERS RELIEF
SEC. 74001. ADVISERS OF SBICS AND VENTURE CAPITAL FUNDS.
Section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C.
80b–3(l)) is amended—
(1) by striking ‘‘No investment adviser’’ and inserting the
following:
‘‘(1) I
N GENERAL
.—No investment adviser’’; and
(2) by adding at the end the following:
‘‘(2) A
DVISERS OF SBICS
.—For purposes of this subsection,
a venture capital fund includes an entity described in subpara-
graph (A), (B), or (C) of subsection (b)(7) (other than an entity
that has elected to be regulated or is regulated as a business
development company pursuant to section 54 of the Investment
Company Act of 1940).’’.
SEC. 74002. ADVISERS OF SBICS AND PRIVATE FUNDS.
Section 203(m) of the Investment Advisers Act of 1940 (15
U.S.C. 80b–3(m)) is amended by adding at the end the following:
‘‘(3) A
DVISERS OF SBICS
.—For purposes of this subsection,
the assets under management of a private fund that is an
entity described in subparagraph (A), (B), or (C) of subsection
(b)(7) (other than an entity that has elected to be regulated
or is regulated as a business development company pursuant
to section 54 of the Investment Company Act of 1940) shall
be excluded from the limit set forth in paragraph (1).’’.
SEC. 74003. RELATIONSHIP TO STATE LAW.
Section 203A(b)(1) of the Investment Advisers Act of 1940 (15
U.S.C. 80b–3a(b)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
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129 STAT. 1787 PUBLIC LAW 114–94—DEC. 4, 2015
(2) in subparagraph (B), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(C) that is not registered under section 203 because
that person is exempt from registration as provided in
subsection (b)(7) of such section, or is a supervised person
of such person.’’.
TITLE LXXV—ELIMINATE PRIVACY
NOTICE CONFUSION
SEC. 75001. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT
UNDER THE GRAMM-LEACH-BLILEY ACT.
Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803)
is amended by adding at the end the following:
‘‘(f) E
XCEPTION TO
A
NNUAL
N
OTICE
R
EQUIREMENT
.—A financial
institution that—
‘‘(1) provides nonpublic personal information only in accord-
ance with the provisions of subsection (b)(2) or (e) of section
502 or regulations prescribed under section 504(b), and
‘‘(2) has not changed its policies and practices with regard
to disclosing nonpublic personal information from the policies
and practices that were disclosed in the most recent disclosure
sent to consumers in accordance with this section,
shall not be required to provide an annual disclosure under this
section until such time as the financial institution fails to comply
with any criteria described in paragraph (1) or (2).’’.
TITLE LXXVI—REFORMING ACCESS FOR
INVESTMENTS IN STARTUP ENTER-
PRISES
SEC. 76001. EXEMPTED TRANSACTIONS.
(a) E
XEMPTED
T
RANSACTIONS
.—Section 4 of the Securities Act
of 1933 (15 U.S.C. 77d) is amended—
(1) in subsection (a), by adding at the end the following
new paragraph:
‘‘(7) transactions meeting the requirements of subsection
(d).’’;
(2) by redesignating the second subsection (b) (relating
to securities offered and sold in compliance with Rule 506
of Regulation D) as subsection (c); and
(3) by adding at the end the following:
‘‘(d) C
ERTAIN
A
CCREDITED
I
NVESTOR
T
RANSACTIONS
.—The trans-
actions referred to in subsection (a)(7) are transactions meeting
the following requirements:
‘‘(1) A
CCREDITED INVESTOR REQUIREMENT
.—Each purchaser
is an accredited investor, as that term is defined in section
230.501(a) of title 17, Code of Federal Regulations (or any
successor regulation).
‘‘(2) P
ROHIBITION ON GENERAL SOLICITATION OR ADVER
-
TISING
.—Neither the seller, nor any person acting on the seller’s
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129 STAT. 1788 PUBLIC LAW 114–94—DEC. 4, 2015
behalf, offers or sells securities by any form of general solicita-
tion or general advertising.
‘‘(3) I
NFORMATION REQUIREMENT
.—In the case of a trans-
action involving the securities of an issuer that is neither
subject to section 13 or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m; 78o(d)), nor exempt from reporting
pursuant to section 240.12g3–2(b) of title 17, Code of Federal
Regulations, nor a foreign government (as defined in section
230.405 of title 17, Code of Federal Regulations) eligible to
register securities under Schedule B, the seller and a prospec-
tive purchaser designated by the seller obtain from the issuer,
upon request of the seller, and the seller in all cases makes
available to a prospective purchaser, the following information
(which shall be reasonably current in relation to the date of
resale under this section):
‘‘(A) The exact name of the issuer and the issuer’s
predecessor (if any).
‘‘(B) The address of the issuer’s principal executive
offices.
‘‘(C) The exact title and class of the security.
‘‘(D) The par or stated value of the security.
‘‘(E) The number of shares or total amount of the
securities outstanding as of the end of the issuer’s most
recent fiscal year.
‘‘(F) The name and address of the transfer agent, cor-
porate secretary, or other person responsible for transfer-
ring shares and stock certificates.
‘‘(G) A statement of the nature of the business of the
issuer and the products and services it offers, which shall
be presumed reasonably current if the statement is as
of 12 months before the transaction date.
‘‘(H) The names of the officers and directors of the
issuer.
‘‘(I) The names of any persons registered as a broker,
dealer, or agent that shall be paid or given, directly or
indirectly, any commission or remuneration for such per-
son’s participation in the offer or sale of the securities.
‘‘(J) The issuer’s most recent balance sheet and profit
and loss statement and similar financial statements, which
shall—
‘‘(i) be for such part of the 2 preceding fiscal years
as the issuer has been in operation;
‘‘(ii) be prepared in accordance with generally
accepted accounting principles or, in the case of a
foreign private issuer, be prepared in accordance with
generally accepted accounting principles or the Inter-
national Financial Reporting Standards issued by the
International Accounting Standards Board;
‘‘(iii) be presumed reasonably current if—
‘‘(I) with respect to the balance sheet, the bal-
ance sheet is as of a date less than 16 months
before the transaction date; and
‘‘(II) with respect to the profit and loss state-
ment, such statement is for the 12 months pre-
ceding the date of the issuer’s balance sheet; and
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129 STAT. 1789 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(iv) if the balance sheet is not as of a date less
than 6 months before the transaction date, be accom-
panied by additional statements of profit and loss for
the period from the date of such balance sheet to
a date less than 6 months before the transaction date.
‘‘(K) To the extent that the seller is a control person
with respect to the issuer, a brief statement regarding
the nature of the affiliation, and a statement certified
by such seller that they have no reasonable grounds to
believe that the issuer is in violation of the securities
laws or regulations.
‘‘(4) I
SSUERS DISQUALIFIED
.—The transaction is not for the
sale of a security where the seller is an issuer or a subsidiary,
either directly or indirectly, of the issuer.
‘‘(5) B
AD ACTOR PROHIBITION
.—Neither the seller, nor any
person that has been or will be paid (directly or indirectly)
remuneration or a commission for their participation in the
offer or sale of the securities, including solicitation of purchasers
for the seller is subject to an event that would disqualify
an issuer or other covered person under Rule 506(d)(1) of Regu-
lation D (17 CFR 230.506(d)(1)) or is subject to a statutory
disqualification described under section 3(a)(39) of the Securi-
ties Exchange Act of 1934.
‘‘(6) B
USINESS REQUIREMENT
.—The issuer is engaged in
business, is not in the organizational stage or in bankruptcy
or receivership, and is not a blank check, blind pool, or shell
company that has no specific business plan or purpose or has
indicated that the issuer’s primary business plan is to engage
in a merger or combination of the business with, or an acquisi-
tion of, an unidentified person.
‘‘(7) U
NDERWRITER PROHIBITION
.—The transaction is not
with respect to a security that constitutes the whole or part
of an unsold allotment to, or a subscription or participation
by, a broker or dealer as an underwriter of the security or
a redistribution.
‘‘(8) O
UTSTANDING CLASS REQUIREMENT
.—The transaction
is with respect to a security of a class that has been authorized
and outstanding for at least 90 days prior to the date of the
transaction.
‘‘(e) A
DDITIONAL
R
EQUIREMENTS
.—
‘‘(1) I
N GENERAL
.—With respect to an exempted transaction
described under subsection (a)(7):
‘‘(A) Securities acquired in such transaction shall be
deemed to have been acquired in a transaction not involving
any public offering.
‘‘(B) Such transaction shall be deemed not to be a
distribution for purposes of section 2(a)(11).
‘‘(C) Securities involved in such transaction shall be
deemed to be restricted securities within the meaning of
Rule 144 (17 CFR 230.144).
‘‘(2) R
ULE OF CONSTRUCTION
.—The exemption provided by
subsection (a)(7) shall not be the exclusive means for estab-
lishing an exemption from the registration requirements of
section 5.’’.
(b) E
XEMPTION IN
C
ONNECTION
W
ITH
C
ERTAIN
E
XEMPT
O
FFERINGS
.—Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C.
77r(b)(4)) is amended—
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129 STAT. 1790 PUBLIC LAW 114–94—DEC. 4, 2015
(1) by redesignating the second subparagraph (D) and
subparagraph (E) as subparagraphs (E) and (F), respectively;
(2) in subparagraph (E), as so redesignated, by striking
‘‘; or’’ and inserting a semicolon;
(3) in subparagraph (F), as so redesignated, by striking
the period and inserting ‘‘; or’’; and
(4) by adding at the end the following new subparagraph:
‘‘(G) section 4(a)(7).’’.
TITLE LXXVII—PRESERVATION EN-
HANCEMENT AND SAVINGS OPPOR-
TUNITY
SEC. 77001. DISTRIBUTIONS AND RESIDUAL RECEIPTS.
Section 222 of the Low-Income Housing Preservation and Resi-
dent Homeownership Act of 1990 (12 U.S.C. 4112) is amended
by adding at the end the following new subsection:
‘‘(e) D
ISTRIBUTION AND
R
ESIDUAL
R
ECEIPTS
.—
‘‘(1) A
UTHORITY
.—After the date of the enactment of this
subsection, the owner of a property subject to a plan of action
or use agreement pursuant to this section shall be entitled
to distribute—
‘‘(A) annually, all surplus cash generated by the prop-
erty, but only if the owner is in material compliance with
such use agreement including compliance with prevailing
physical condition standards established by the Secretary;
and
‘‘(B) notwithstanding any conflicting provision in such
use agreement, any funds accumulated in a residual
receipts account, but only if the owner is in material compli-
ance with such use agreement and has completed, or set
aside sufficient funds for completion of, any capital repairs
identified by the most recent third party capital needs
assessment.
‘‘(2) O
PERATION OF PROPERTY
.—An owner that distributes
any amounts pursuant to paragraph (1) shall—
‘‘(A) continue to operate the property in accordance
with the affordability provisions of the use agreement for
the property for the remaining useful life of the property;
‘‘(B) as required by the plan of action for the property,
continue to renew or extend any project-based rental assist-
ance contract for a term of not less than 20 years; and
‘‘(C) if the owner has an existing multi-year project-
based rental assistance contract for less than 20 years,
have the option to extend the contract to a 20-year term.’’.
SEC. 77002. FUTURE REFINANCINGS.
Section 214 of the Low-Income Housing Preservation and Resi-
dent Homeownership Act of 1990 (12 U.S.C. 4104) is amended
by adding at the end the following new subsection:
‘‘(c) F
UTURE
F
INANCING
.—Neither this section, nor any plan
of action or use agreement implementing this section, shall restrict
an owner from obtaining a new loan or refinancing an existing
loan secured by the project, or from distributing the proceeds of
such a loan; except that, in conjunction with such refinancing—
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129 STAT. 1791 PUBLIC LAW 114–94—DEC. 4, 2015
‘‘(1) the owner shall provide for adequate rehabilitation
pursuant to a capital needs assessment to ensure long-term
sustainability of the property satisfactory to the lender or bond
issuance agency;
‘‘(2) any resulting budget-based rent increase shall include
debt service on the new financing, commercially reasonable
debt service coverage, and replacement reserves as required
by the lender; and
‘‘(3) for tenants of dwelling units not covered by a project-
or tenant-based rental subsidy, any rent increases resulting
from the refinancing transaction may not exceed 10 percent
per year, except that—
‘‘(A) any tenant occupying a dwelling unit as of time
of the refinancing may not be required to pay for rent
and utilities, for the duration of such tenancy, an amount
that exceeds the greater of—
‘‘(i) 30 percent of the tenant’s income; or
‘‘(ii) the amount paid by the tenant for rent and
utilities immediately before such refinancing; and
‘‘(B) this paragraph shall not apply to any tenant who
does not provide the owner with proof of income.
Paragraph (3) may not be construed to limit any rent increases
resulting from increased operating costs for a project.’’.
SEC. 77003. IMPLEMENTATION.
The Secretary of Housing and Urban Development shall issue
any guidance that the Secretary considers necessary to carry out
the provisions added by the amendments made by this title not
later than the expiration of the 120-day period beginning on the
date of the enactment of this Act.
TITLE LXXVIII—TENANT INCOME
VERIFICATION RELIEF
SEC. 78001. REVIEWS OF FAMILY INCOMES.
(a) I
N
G
ENERAL
.—The second sentence of paragraph (1) of sec-
tion 3(a) of the United States Housing Act of 1937 (42 U.S.C.
1437a(a)(1)) is amended by inserting before the period at the end
the following: ‘‘; except that, in the case of any family with a
fixed income, as defined by the Secretary, after the initial review
of the family’s income, the public housing agency or owner shall
not be required to conduct a review of the family’s income for
any year for which such family certifies, in accordance with such
requirements as the Secretary shall establish, which shall include
policies to adjust for inflation-based income changes, that 90 percent
or more of the income of the family consists of fixed income, and
that the sources of such income have not changed since the previous
year, except that the public housing agency or owner shall conduct
a review of each such family’s income not less than once every
3 years’’.
(b) H
OUSING
C
HOICE
V
OUCHER
P
ROGRAM
.—Subparagraph (A)
of section 8(o)(5) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(5)(A)) is amended by striking ‘‘not less than
annually’’ and inserting ‘‘as required by section 3(a)(1) of this Act’’.
12 USC 4104
note.
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129 STAT. 1792 PUBLIC LAW 114–94—DEC. 4, 2015
TITLE LXXIX—HOUSING ASSISTANCE
EFFICIENCY
SEC. 79001. AUTHORITY TO ADMINISTER RENTAL ASSISTANCE.
Subsection (g) of section 423 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11383(g)) is amended by inserting ‘‘private
nonprofit organization,’’ after ‘‘unit of general local government,’’.
SEC. 79002. REALLOCATION OF FUNDS.
Paragraph (1) of section 414(d) of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11373(d)(1)) is amended by striking
‘‘twice’’ and inserting ‘‘once’’.
TITLE LXXX—CHILD SUPPORT
ASSISTANCE
SEC. 80001. REQUESTS FOR CONSUMER REPORTS BY STATE OR LOCAL
CHILD SUPPORT ENFORCEMENT AGENCIES.
Paragraph (4) of section 604(a) of the Fair Credit Reporting
Act (15 U.S.C. 1681b(a)(4)) is amended—
(1) in subparagraph (A), by striking ‘‘or determining the
appropriate level of such payments’’ and inserting ‘‘, deter-
mining the appropriate level of such payments, or enforcing
a child support order, award, agreement, or judgment’’;
(2) in subparagraph (B)—
(A) by striking ‘‘paternity’’ and inserting ‘‘parentage’’;
and
(B) by adding ‘‘and’’ at the end;
(3) by striking subparagraph (C); and
(4) by redesignating subparagraph (D) as subparagraph
(C).
TITLE LXXXI—PRIVATE INVESTMENT IN
HOUSING
SEC. 81001. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR
ENERGY AND WATER CONSERVATION IMPROVEMENTS
AT MULTIFAMILY RESIDENTIAL UNITS.
(a) E
STABLISHMENT
.—The Secretary of Housing and Urban
Development (in this section referred to as the ‘‘Secretary’’) shall
establish a demonstration program under which the Secretary may
execute budget-neutral, performance-based agreements in fiscal
years 2016 through 2019 that result in a reduction in energy
or water costs with such entities as the Secretary determines to
be appropriate under which the entities shall carry out projects
for energy or water conservation improvements at not more than
20,000 residential units in multifamily buildings participating in—
(1) the project-based rental assistance program under sec-
tion 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), other than assistance provided under section 8(o) of
that Act;
42 USC 12712
note.
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129 STAT. 1793 PUBLIC LAW 114–94—DEC. 4, 2015
(2) the supportive housing for the elderly program under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
or
(3) the supportive housing for persons with disabilities
program under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2)).
(b) R
EQUIREMENTS
.—
(1) P
AYMENTS CONTINGENT ON SAVINGS
.—
(A) I
N GENERAL
.—The Secretary shall provide to an
entity a payment under an agreement under this section
only during applicable years for which an energy or water
cost savings is achieved with respect to the applicable
multifamily portfolio of properties, as determined by the
Secretary, in accordance with subparagraph (B).
(B) P
AYMENT METHODOLOGY
.—
(i) I
N GENERAL
.—Each agreement under this sec-
tion shall include a pay-for-success provision that—
(I) shall serve as a payment threshold for the
term of the agreement; and
(II) requires that payments shall be contingent
on realized cost savings associated with reduced
utility consumption in the participating properties.
(ii) L
IMITATIONS
.—A payment made by the Sec-
retary under an agreement under this section—
(I) shall be contingent on documented utility
savings; and
(II) shall not exceed the utility savings
achieved by the date of the payment, and not
previously paid, as a result of the improvements
made under the agreement.
(C) T
HIRD
-
PARTY VERIFICATION
.—Savings payments
made by the Secretary under this section shall be based
on a measurement and verification protocol that includes
at least—
(i) establishment of a weather-normalized and
occupancy-normalized utility consumption baseline
established pre-retrofit;
(ii) annual third-party confirmation of actual
utility consumption and cost for utilities;
(iii) annual third-party validation of the tenant
utility allowances in effect during the applicable year
and vacancy rates for each unit type; and
(iv) annual third-party determination of savings
to the Secretary.
An agreement under this section with an entity shall pro-
vide that the entity shall cover costs associated with third-
party verification under this subparagraph.
(2) T
ERMS OF PERFORMANCE
-
BASED AGREEMENTS
.—A
performance-based agreement under this section shall include—
(A) the period that the agreement will be in effect
and during which payments may be made, which may
not be longer than 12 years;
(B) the performance measures that will serve as pay-
ment thresholds during the term of the agreement;
(C) an audit protocol for the properties covered by
the agreement;
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129 STAT. 1794 PUBLIC LAW 114–94—DEC. 4, 2015
(D) a requirement that payments shall be contingent
on realized cost savings associated with reduced utility
consumption in the participating properties; and
(E) such other requirements and terms as determined
to be appropriate by the Secretary.
(3) E
NTITY ELIGIBILITY
.—The Secretary shall—
(A) establish a competitive process for entering into
agreements under this section; and
(B) enter into such agreements only with entities that,
either jointly or individually, demonstrate significant
experience relating to—
(i) financing or operating properties receiving
assistance under a program identified in subsection
(a);
(ii) oversight of energy or water conservation pro-
grams, including oversight of contractors; and
(iii) raising capital for energy or water conservation
improvements from charitable organizations or private
investors.
(4) G
EOGRAPHICAL DIVERSITY
.—Each agreement entered
into under this section shall provide for the inclusion of prop-
erties with the greatest feasible regional and State variance.
(5) P
ROPERTIES
.—A property may only be included in the
demonstration under this section only if the property is subject
to affordability restrictions for at least 15 years after the date
of the completion of any conservation improvements made to
the property under the demonstration program. Such restric-
tions may be made through an extended affordability agreement
for the property under a new housing assistance payments
contract with the Secretary of Housing and Urban Development
or through an enforceable covenant with the owner of the
property.
(c) P
LAN AND
R
EPORTS
.—
(1) P
LAN
.—Not later than 90 days after the date of enact-
ment of this Act, the Secretary shall submit to the Committees
on Appropriations and Financial Services of the House of Rep-
resentatives and the Committees on Appropriations and
Banking, Housing, and Urban Affairs of the Senate a detailed
plan for the implementation of this section.
(2) R
EPORTS
.—Not later than 1 year after the date of enact-
ment of this Act, and annually thereafter, the Secretary shall—
(A) conduct an evaluation of the program under this
section; and
(B) submit to Congress a report describing each evalua-
tion conducted under subparagraph (A).
(d) F
UNDING
.—For each fiscal year during which an agreement
under this section is in effect, the Secretary may use to carry
out this section any funds appropriated to the Secretary for the
renewal of contracts under a program described in subsection (a).
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129 STAT. 1795 PUBLIC LAW 114–94—DEC. 4, 2015
TITLE LXXXII—CAPITAL ACCESS FOR
SMALL COMMUNITY FINANCIAL INSTI-
TUTIONS
SEC. 82001. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO
BECOME MEMBERS OF A FEDERAL HOME LOAN BANK.
(a) I
N
G
ENERAL
.—Section 4(a) of the Federal Home Loan Bank
Act (12 U.S.C. 1424(a)) is amended by adding at the end the
following new paragraph:
‘‘(5) C
ERTAIN PRIVATELY INSURED CREDIT UNIONS
.—
‘‘(A) I
N GENERAL
.—Subject to the requirements of
subparagraph (B), a credit union shall be treated as an
insured depository institution for purposes of determining
the eligibility of such credit union for membership in a
Federal home loan bank under paragraphs (1), (2), and
(3).
‘‘(B) C
ERTIFICATION BY APPROPRIATE SUPERVISOR
.—
‘‘(i) I
N GENERAL
.—For purposes of this paragraph
and subject to clause (ii), a credit union which lacks
Federal deposit insurance and which has applied for
membership in a Federal home loan bank may be
treated as meeting all the eligibility requirements for
Federal deposit insurance only if the appropriate
supervisor of the State in which the credit union is
chartered has determined that the credit union meets
all the eligibility requirements for Federal deposit
insurance as of the date of the application for member-
ship.
‘‘(ii) C
ERTIFICATION DEEMED VALID
.—If, in the case
of any credit union to which clause (i) applies, the
appropriate supervisor of the State in which such credit
union is chartered fails to make a determination pursu-
ant to such clause by the end of the 6-month period
beginning on the date of the application, the credit
union shall be deemed to have met the requirements
of clause (i).
‘‘(C) S
ECURITY INTERESTS OF FEDERAL HOME LOAN BANK
NOT AVOIDABLE
.—Notwithstanding any provision of State
law authorizing a conservator or liquidating agent of a
credit union to repudiate contracts, no such provision shall
apply with respect to—
‘‘(i) any extension of credit from any Federal home
loan bank to any credit union which is a member
of any such bank pursuant to this paragraph; or
‘‘(ii) any security interest in the assets of such
credit union securing any such extension of credit.
‘‘(D) P
ROTECTION FOR CERTAIN FEDERAL HOME LOAN
BANK ADVANCES
.—Notwithstanding any State law to the
contrary, if a Bank makes an advance under section 10
to a State-chartered credit union that is not federally
insured—
‘‘(i) the Bank’s interest in any collateral securing
such advance has the same priority and is afforded
the same standing and rights that the security interest
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129 STAT. 1796 PUBLIC LAW 114–94—DEC. 4, 2015
would have had if the advance had been made to
a federally insured credit union; and
‘‘(ii) the Bank has the same right to access such
collateral that the Bank would have had if the advance
had been made to a federally insured credit union.’’.
(b) C
OPIES OF
A
UDITS OF
P
RIVATE
I
NSURERS OF
C
ERTAIN
D
EPOSI
-
TORY
I
NSTITUTIONS
R
EQUIRED
T
O
B
E
P
ROVIDED TO
S
UPERVISORY
A
GENCIES
.—Section 43(a)(2)(A) of the Federal Deposit Insurance
Act (12 U.S.C. 1831t(a)(2)(A)) is amended—
(1) in clause (i), by striking ‘‘and’’ at the end;
(2) in clause (ii), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by inserting at the end the following new clause:
‘‘(iii) in the case of depository institutions described
in subsection (e)(2)(A) the deposits of which are insured
by the private insurer which are members of a Federal
home loan bank, to the Federal Housing Finance
Agency, not later than 7 days after the audit is com-
pleted.’’.
SEC. 82002. GAO REPORT.
Not later than 18 months after the date of enactment of this
Act, the Comptroller General of the United States shall conduct
a study and submit a report to Congress—
(1) on the adequacy of insurance reserves held by a private
deposit insurer that insures deposits in an entity described
in section 43(e)(2)(A) of the Federal Deposit Insurance Act
(12 U.S.C. 1831t(e)(2)(A)); and
(2) for an entity described in paragraph (1) the deposits
of which are insured by a private deposit insurer, information
on the level of compliance with Federal regulations relating
to the disclosure of a lack of Federal deposit insurance.
TITLE LXXXIII—SMALL BANK EXAM
CYCLE REFORM
SEC. 83001. SMALLER INSTITUTIONS QUALIFYING FOR 18-MONTH
EXAMINATION CYCLE.
Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C.
1820(d)) is amended—
(1) in paragraph (4)—
(A) in subparagraph (A), by striking ‘‘$500,000,000’’
and inserting ‘‘$1,000,000,000’’; and
(B) in subparagraph (C)(ii), by striking ‘‘$100,000,000’’
and inserting ‘‘$200,000,000’’; and
(2) in paragraph (10)—
(A) by striking ‘‘$100,000,000’’ and inserting
‘‘$200,000,000’’; and
(B) by striking ‘‘$500,000,000’’ and inserting
‘‘$1,000,000,000’’.
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129 STAT. 1797 PUBLIC LAW 114–94—DEC. 4, 2015
TITLE LXXXIV—SMALL COMPANY
SIMPLE REGISTRATION
SEC. 84001. FORWARD INCORPORATION BY REFERENCE FOR FORM
S–1.
Not later than 45 days after the date of the enactment of
this Act, the Securities and Exchange Commission shall revise
Form S–1 so as to permit a smaller reporting company (as defined
in section 230.405 of title 17, Code of Federal Regulations) to
incorporate by reference in a registration statement filed on such
form any documents that such company files with the Commission
after the effective date of such registration statement.
TITLE LXXXV—HOLDING COMPANY
REGISTRATION THRESHOLD EQUALI-
ZATION
SEC. 85001. REGISTRATION THRESHOLD FOR SAVINGS AND LOAN
HOLDING COMPANIES.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
is amended—
(1) in section 12(g)—
(A) in paragraph (1)(B), by inserting after ‘‘is a bank’’
the following: ‘‘, a savings and loan holding company (as
defined in section 10 of the Home Owners’ Loan Act),’’;
and
(B) in paragraph (4), by inserting after ‘‘case of a
bank’’ the following: ‘‘, a savings and loan holding company
(as defined in section 10 of the Home Owners’ Loan Act),’’;
and
(2) in section 15(d), by striking ‘‘case of bank’’ and inserting
the following: ‘‘case of a bank, a savings and loan holding
company (as defined in section 10 of the Home Owners’ Loan
Act),’’.
TITLE LXXXVI—REPEAL OF
INDEMNIFICATION REQUIREMENTS
SEC. 86001. REPEAL.
(a) D
ERIVATIVES
C
LEARING
O
RGANIZATIONS
.—Section 5b(k)(5)
of the Commodity Exchange Act (7 U.S.C. 7a–1(k)(5)) is amended
to read as follows:
‘‘(5) C
ONFIDENTIALITY AGREEMENT
.—Before the Commission
may share information with any entity described in paragraph
(4), the Commission shall receive a written agreement from
each entity stating that the entity shall abide by the confiden-
tiality requirements described in section 8 relating to the
information on swap transactions that is provided.’’.
(b) S
WAP
D
ATA
R
EPOSITORIES
.—Section 21 of the Commodity
Exchange Act (7 U.S.C. 24a(d)) is amended—
(1) in subsection (c)(7)—
12 USC 78o.
12 USC 78l.
15 USC 77g note.
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129 STAT. 1798 PUBLIC LAW 114–94—DEC. 4, 2015
(A) in the matter preceding subparagraph (A), by
striking ‘‘all’’ and inserting ‘‘swap’’; and
(B) in subparagraph (E)—
(i) in clause (ii), by striking ‘‘and’’ at the end;
and
(ii) by adding at the end the following:
‘‘(iv) other foreign authorities; and’’; and
(2) by striking subsection (d) and inserting the following:
‘‘(d) C
ONFIDENTIALITY
A
GREEMENT
.—Before the swap data
repository may share information with any entity described in sub-
section (c)(7), the swap data repository shall receive a written
agreement from each entity stating that the entity shall abide
by the confidentiality requirements described in section 8 relating
to the information on swap transactions that is provided.’’.
(c) S
ECURITY
-
BASED
S
WAP
D
ATA
R
EPOSITORIES
.—Section
13(n)(5) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(n)(5))
is amended—
(1) in subparagraph (G)—
(A) in the matter preceding clause (i), by striking ‘‘all’’
and inserting ‘‘security-based swap’’; and
(B) in clause (v)—
(i) in subclause (II), by striking ‘‘; and’’ and
inserting a semicolon;
(ii) in subclause (III), by striking the period at
the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(IV) other foreign authorities.’’; and
(2) by striking subparagraph (H) and inserting the fol-
lowing:
‘‘(H) C
ONFIDENTIALITY AGREEMENT
.—Before the secu-
rity-based swap data repository may share information
with any entity described in subparagraph (G), the security-
based swap data repository shall receive a written agree-
ment from each entity stating that the entity shall abide
by the confidentiality requirements described in section
24 relating to the information on security-based swap trans-
actions that is provided.’’.
(d) E
FFECTIVE
D
ATE
.—The amendments made by this section
shall take effect as if enacted as part of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Public Law 111–203).
TITLE LXXXVII—TREATMENT OF DEBT
OR EQUITY INSTRUMENTS OF SMALL-
ER INSTITUTIONS
SEC. 87001. DATE FOR DETERMINING CONSOLIDATED ASSETS.
Section 171(b)(4)(C) of the Financial Stability Act of 2010 (12
U.S.C. 5371(b)(4)(C)) is amended by inserting ‘‘or March 31, 2010,’’
after ‘‘December 31, 2009,’’.
7 USC 7a–1 note.
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129 STAT. 1799 PUBLIC LAW 114–94—DEC. 4, 2015
TITLE LXXXVIII—STATE LICENSING
EFFICIENCY
SEC. 88001. SHORT TITLE.
This title may be cited as the ‘‘State Licensing Efficiency Act
of 2015’’.
SEC. 88002. BACKGROUND CHECKS.
Section 1511(a) of the S.A.F.E. Mortgage Licensing Act of 2008
(12 U.S.C. 5110(a)) is amended—
(1) by inserting ‘‘and other financial service providers’’ after
‘‘State-licensed loan originators’’; and
(2) by inserting ‘‘or other financial service providers’’ before
the period at the end.
TITLE LXXXIX—HELPING EXPAND
LENDING PRACTICES IN RURAL COM-
MUNITIES
SEC. 89001. SHORT TITLE.
This title may be cited as the ‘‘Helping Expand Lending Prac-
tices in Rural Communities Act of 2015’’ or the ‘‘HELP Rural
Communities Act of 2015’’.
SEC. 89002. DESIGNATION OF RURAL AREA.
(a) A
PPLICATION
.—Not later than 90 days after the date of
the enactment of this Act, the Bureau of Consumer Financial Protec-
tion shall establish an application process under which a person
who lives or does business in a State may, with respect to an
area identified by the person in such State that has not been
designated by the Bureau as a rural area for purposes of a Federal
consumer financial law (as defined under section 1002 of the Con-
sumer Financial Protection Act of 2010), apply for such area to
be so designated.
(b) E
VALUATION
C
RITERIA
.—When evaluating an application
submitted under subsection (a), the Bureau shall take into consider-
ation the following factors:
(1) Criteria used by the Director of the Bureau of the
Census for classifying geographical areas as rural or urban.
(2) Criteria used by the Director of the Office of Manage-
ment and Budget to designate counties as metropolitan or
micropolitan or neither.
(3) Criteria used by the Secretary of Agriculture to deter-
mine property eligibility for rural development programs.
(4) The Department of Agriculture rural-urban commuting
area codes.
(5) A written opinion provided by the State’s bank super-
visor, as defined under section 3(r) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(r)).
(6) Population density.
(c) R
ULE OF
C
ONSTRUCTION
.—If, at any time prior to the submis-
sion of an application under subsection (a), the area subject to
review has been designated as nonrural by any Federal agency
described under subsection (b) using any of the criteria described
12 USC 5512
note.
15 USC 1601
note.
Helping Expand
Lending
Practices in
Rural
Communities Act
of 2015.
12 USC 5101
note.
State Licensing
Efficiency Act of
2015.
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129 STAT. 1800 PUBLIC LAW 114–94—DEC. 4, 2015
under subsection (b), the Bureau shall not be required to consider
such designation in its evaluation.
(d) P
UBLIC
C
OMMENT
P
ERIOD
.—
(1) I
N GENERAL
.—Not later than 60 days after receiving
an application submitted under subsection (a), the Bureau
shall—
(A) publish such application in the Federal Register;
and
(B) make such application available for public comment
for not fewer than 90 days.
(2) L
IMITATION ON ADDITIONAL APPLICATIONS
.—Nothing in
this section shall be construed to require the Bureau, during
the public comment period with respect to an application sub-
mitted under subsection (a), to accept an additional application
with respect to the area that is the subject of the initial applica-
tion.
(e) D
ECISION ON
D
ESIGNATION
.—Not later than 90 days after
the end of the public comment period under subsection (d)(1) for
an application, the Bureau shall—
(1) grant or deny such application, in whole or in part;
and
(2) publish such grant or denial in the Federal Register,
along with an explanation of what factors the Bureau relied
on in making such determination.
(f) S
UBSEQUENT
A
PPLICATIONS
.—A decision by the Bureau
under subsection (e) to deny an application for an area to be
designated as a rural area shall not preclude the Bureau from
accepting a subsequent application submitted under subsection (a)
for such area to be so designated, so long as such subsequent
application is made after the end of the 90-day period beginning
on the date that the Bureau denies the application under subsection
(e).
(g) S
UNSET
.—This section shall cease to have any force or
effect after the end of the 2-year period beginning on the date
of the enactment of this Act.
SEC. 89003. OPERATIONS IN RURAL AREAS.
The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended—
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129 STAT. 1801 PUBLIC LAW 114–94—DEC. 4, 2015
LEGISLATIVE HISTORY—H.R. 22:
HOUSE REPORTS: No. 114–357 (Comm. of Conference).
SENATE REPORTS: No. 114–3 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 161 (2015):
Jan. 6, considered and passed House.
July 24, 26–30, considered and passed Senate, amended.
Nov. 3–5, House concurred in certain Senate amendment and in another with
an amendment.
Dec. 3, House and Senate agreed to conference report.
Æ
(1) in section 129C(b)(2)(E)(iv)(I), by striking ‘‘predomi-
nantly’’; and
(2) in section 129D(c)(1), by striking ‘‘predominantly’’.
Approved December 4, 2015.
15 USC 1639d.
15 USC 1639c.
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