,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dhcd ,,in ,,the ,,house ,,of ,,representatives ,june #aa1 #bjad ,mr4 ,petri 7for himself and ,ms4 ,norton7 7both by request73 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,energy and ,commerce1 ,ways and ,means1 ,science1 ,space1 and ,technology1 ,natural ,resources1 ,oversight and ,government ,reform1 the ,budget1 and ,rules1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to authorize highway infrastructure and safety1 transit1 motor carrier1 rail1 and other surface transportation programs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,generating ,renewal1 ,opportunity1 and ,work with ,accelerated ,mobility1 ,efficiency1 and ,rebuilding of ,infrastructure and ,communities throughout ,america ,act or the ,,grow ,,america ,act 4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,effective date4 ,title ,i--,transportation ,infrastructure ,initiatives ,subtitle ,a--,increasing ,efficiency in ,project ,delivery ,sec4 #ajja4 ,improving ,state and ,federal agency engagement in environmental reviews4 ,sec4 #ajjb4 ,environmental review alignment and reform4 ,sec4 #ajjc4 ,improving collaboration for accelerated decisionmaking4 ,sec4 #ajjd4 ,unreasonable obstruction of navigation determination4 ,sec4 #ajje4 ,satisfaction of requirements for certain historic sites4 ,sec4 #ajjf4 ,rail and transit exemption from consideration under section #d7;f74 ,sec4 #ajjg4 ,multimodal categorical exclusions4 ,sec4 #ajjh4 ,improving transparency in environmental reviews4 ,sec4 #ajji4 ,infrastructure permitting improvement center4 ,sec4 #ajaj4 ,clarification of transportation environmental authorities4 ,sec4 #ajaa4 ,advance acquisition4 ,sec4 #ajab4 ,bridge exemption from consideration under section #d7;f74 ,subtitle ,b--,freight ,policy and ,financing ,sec4 #aaja4 ,multimodal freight investment program4 ,sec4 #aajb4 ,redesignation of the national network4 ,subtitle ,c--,planning ,sec4 #abja4 ,transportation system resilience assessment4 ,sec4 #abjb4 ,consolidated and high performing metropolitan planning organizations4 ,sec4 #abjc4 ,participation of public port authorities4 ,sec4 #abjd4 ,strengthening the statewide and nonmetropolitan planning process4 ,sec4 #abje4 ,removal of the congestion management process4 ,sec4 #abjf4 ,public involvement in plan development4 ,sec4 #abjg4 ,connection to opportunities national goal and potential performance measure4 ,sec4 #abjh4 ,workforce development4 ,sec4 #abji4 ,measuring transportation connectivity pilot activities4 ,sec4 #abaj4 ,performance-based project selection4 ,sec4 #abaa4 ,stormwater planning4 ,subtitle ,d--,congestion ,mitigation and ,air ,quality ,improvement ,sec4 #acja4 ,eligible projects4 ,sec4 #acjb4 ,special rules4 ,sec4 #acjc4 ,priority consideration4 ,sec4 #acjd4 ,evaluation and assessment of projects4 ,sec4 #acje4 ,electric vehicle charging stations and commercial motor vehicle anti-idling facilities in rest areas4 ,subtitle ,e--,innovative ,finance and ,tolling ,sec4 #adja4 #bast century infrastructure investments4 ,sec4 #adjb4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments4 ,sec4 #adjc4 ,railroad rehabilitation and improvement financing4 ,sec4 #adjd4 ,state infrastructure bank program4 ,sec4 #adje4 ,toll roads1 bridges1 tunnels1 and ferries4 ,sec4 #adjf4 ,tax-exempt financing for qualified surface transportation projects4 ,sec4 #adjg4 ,pay for success4 ,title ,,ii--,federal-,aid ,highways ,subtitle ,a--,authorizations and ,programs ,sec4 #bjja4 ,authorization of appropriations4 ,sec4 #bjjb4 ,obligation limitation4 ,sec4 #bjjc4 ,apportionment4 ,sec4 #bjjd4 ,federal lands transportation program4 ,sec4 #bjje4 ,emergency relief for federally owned roads4 ,sec4 #bjjf4 ,tribal high priority projects program and tribal transportation program amendments4 ,sec4 #bjjg4 ,federal lands access program ,federal share4 ,sec4 #bjjh4 ,nationally significant ,federal lands and tribal projects program4 ,sec4 #bjji4 ,federal lands programmatic activities4 ,sec4 #bjaj4 ,bridges requiring closure or load restrictions4 ,sec4 #bjaa4 ,broadband infrastructure deployment4 ,sec4 #bjab4 ,critical immediate investments program4 ,sec4 #bjac4 ,appalachian development highway system4 ,subtitle ,b--,performance ,management ,sec4 #baja4 ,performance management data support program4 ,sec4 #bajb4 ,performance period adjustment4 ,sec4 #bajc4 ,multimodal accommodations4 ,subtitle ,c--,improved ,federal ,stewardship ,sec4 #bbja4 ,project approval and oversight4 ,subtitle ,d--,other ,sec4 #bcja4 ,letting of contracts4 ,sec4 #bcjb4 ,construction of ferry boats and ferry terminal facilities4 ,sec4 #bcjc4 ,green stormwater infrastructure4 ,sec4 #bcjd4 ,elimination or modification of certain ,,fhwa reporting requirements4 ,title ,,iii--,public ,transportation ,sec4 #cjja4 ,short title2 amendments to title #di1 ,united ,states ,code4 ,sec4 #cjjb4 ,definitions4 ,sec4 #cjjc4 ,formula grants for enhanced mobility4 ,sec4 #cjjd4 ,formula grants for public transportation on ,indian reservations4 ,sec4 #cjje4 ,workforce development programs4 ,sec4 #cjjf4 ,general provisions4 ,sec4 #cjjg4 ,public transportation local hiring4 ,sec4 #cjjh4 ,public transportation safety program4 ,sec4 #cjji4 ,authorizations4 ,sec4 #cjaj4 ,bus and bus facilities program4 ,sec4 #cjaa4 ,rapid growth area transit program4 ,sec4 #cjab4 ,technical corrections4 ,sec4 #cjac4 ,technical corrections of title ,,ii1 division ,b1 of ,,map-#ba4 ,sec4 #cjad4 ,elimination of ,,fta annual research reporting requirement4 ,title ,,iv--,highway and ,motor ,vehicle ,safety ,subtitle ,a--,traffic ,safety ,sec4 #djja4 ,authorization of appropriations4 ,sec4 #djjb4 ,highway safety programs4 ,sec4 #djjc4 ,amendment to section #dje national priority safety programs transfer authority4 ,sec4 #djjd4 ,amendment to motorcyclist safety grant criteria4 ,sec4 #djje4 ,amendment to graduated driver licensing incentive grant criteria4 ,sec4 #djjf4 ,amendment to ignition interlock grant criteria4 ,sec4 #djjg4 ,amendment to repeat offender and open container criteria4 ,sec4 #djjh4 ,amendment to distracted driving grant criteria4 ,sec4 #djji4 ,streamlining of national priority safety programs4 ,sec4 #djaj4 ,amendment to highway research and development4 ,subtitle ,b--,motor ,vehicle ,safety ,sec4 #daja4 ,authorization of appropriations4 ,sec4 #dajb4 ,recall obligations under bankruptcy4 ,sec4 #dajc4 ,prohibition on rendering safety elements inoperative4 ,sec4 #dajd4 ,cooperation with foreign governments4 ,sec4 #daje4 ,functional safety process4 ,sec4 #dajf4 ,notification of defect or noncompliance and imminent hazard authority4 ,sec4 #dajg4 ,amendment to judicial review provisions4 ,sec4 #dajh4 ,inspection authority under automobile fuel economy statute4 ,sec4 #daji4 ,recall authority over rental car companies and used car dealers4 ,sec4 #daaj4 ,civil penalties4 ,sec4 #daaa4 ,technical corrections to the ,motor ,vehicle and ,highway ,safety ,improvement ,act of #bjab4 ,title ,v--,motor ,carrier ,safety ,program ,sec4 #ejja4 ,amendment of title #di1 ,united ,states ,code4 ,subtitle ,a--,commercial ,motor ,vehicle ,safety ,sec4 #eaja4 ,commercial motor vehicle defined4 ,sec4 #eajb4 ,motor carrier operations affecting interstate commerce4 ,sec4 #eajc4 ,bus rentals and definition of employer4 ,sec4 #eajd4 ,high-risk carrier reviews4 ,sec4 #eaje4 ,new entrant safety audits4 ,sec4 #eajf4 ,imminent hazard actions4 ,sec4 #eajg4 ,international commerce transported on highways through the ,united ,states4 ,subtitle ,b--,driver ,safety ,provisions ,sec4 #ebja4 ,commercial driver's license requirements4 ,sec4 #ebjb4 ,disqualifications based on non-commercial motor vehicle operations4 ,sec4 #ebjc4 ,recording of ,federal disqualifications on ,,cdlis4 ,sec4 #ebjd4 ,failure to pay civil penalty as a disqualifying offense4 ,sec4 #ebje4 ,controlled substance violations4 ,subtitle ,c--,medical and ,registration ,provisions ,sec4 #ecja4 ,effect of driving on commercial motor vehicle operators4 ,sec4 #ecjb4 ,jurisdiction over brokers of motor carriers of passengers4 ,sec4 #ecjc4 ,revocation or suspension of registration4 ,sec4 #ecjd4 ,revocation of registration for failure to respond to subpoena4 ,sec4 #ecje4 ,lapse of required financial security2 suspension of registration4 ,subtitle ,d--,grants and ,authorizations ,sec4 #edja4 ,,fmcsa financial assistance programs4 ,subtitle ,e--,miscellaneous ,sec4 #eeja4 ,motor carrier safety advisory committee4 ,sec4 #eejb4 ,unified carrier registration plan4 ,sec4 #eejc4 ,self-insurance for motor carriers repealed4 ,sec4 #eejd4 ,electronic logging device recall authority4 ,sec4 #eeje4 ,repeal of motor carrier financial reporting requirement4 ,sec4 #eejf4 ,contractors exercising operational control over motor carrier operations4 ,sec4 #eejg4 ,driver compensation4 ,sec4 #eejh4 ,civil enforcement authority4 ,sec4 #eeji4 ,criminal penalties4 ,sec4 #eeaj4 ,penalties for violations of out-of-service orders4 ,sec4 #eeaa4 ,technical corrections4 ,sec4 #eeab4 ,audits and compliance investigations of ,mexico-domiciled motor carriers4 ,sec4 #eeac4 ,administrative adjudication of violations of commercial regulations and statutes4 ,sec4 #eead4 ,access to national driver register4 ,sec4 #eeae4 ,elimination of certain ,,fmcsa reporting requirements4 ,title ,,vi--,hazardous ,material ,transportation ,safety ,sec4 #fjja4 ,amendment of title #di1 ,united ,states ,code4 ,sec4 #fjjb4 ,emergency operational controls4 ,sec4 #fjjc4 ,enhanced registration requirements4 ,sec4 #fjjd4 ,user fees for special permits4 ,sec4 #fjje4 ,national emergency and disaster response4 ,sec4 #fjjf4 ,enhanced reporting4 ,sec4 #fjjg4 ,improving publication of special permits4 ,sec4 #fjjh4 ,hazard abatement authority4 ,sec4 #fjji4 ,inspection of non-domestic entities4 ,sec4 #fjaj4 ,improving the effectiveness of the ,,hmep grant program4 ,sec4 #fjaa4 ,civil penalty4 ,sec4 #fjab4 ,general duty4 ,sec4 #fjac4 ,authorization of appropriations4 ,sec4 #fjad4 ,elimination of certain ,,phmsa reporting requirements4 ,title ,,vii--,amendments to the ,internal ,revenue ,code ,sec4 #gjja4 ,amendment of #aihf ,code4 ,sec4 #gjjb4 ,extension of highway-related taxes4 ,sec4 #gjjc4 ,extension of provisions related to the ,sport ,fish ,restoration and ,boating ,trust ,fund4 ,sec4 #gjjd4 ,transportation ,trust ,fund4 ,sec4 #gjje4 ,effective date4 ,title ,,viii--,research ,subtitle ,a--,funding ,sec4 #hjja4 ,authorization of appropriations4 ,subtitle ,b--,research1 ,technology1 and ,education ,sec4 #haja4 ,national ,cooperative ,freight ,transportation ,research ,program4 ,sec4 #hajb4 ,competitive ,university ,transportation ,centers ,consortia ,program4 ,sec4 #hajc4 ,priority ,multimodal ,research ,program4 ,sec4 #hajd4 ,bureau of ,transportation ,statistics4 ,sec4 #haje4 ,,its goals and purposes4 ,sec4 #hajf4 ,,its general authorities and requirements4 ,sec4 #hajg4 ,,its national architecture and standards4 ,sec4 #hajh4 ,vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment4 ,sec4 #haji4 ,infrastructure development4 ,sec4 #haaj4 ,departmental research programs2 conforming amendments4 ,sec4 #haaa4 ,office of ,intermodalism4 ,sec4 #haab4 ,cooperation with ,federal and ,state agencies and foreign countries4 ,title ,,ix--,rail ,safety1 ,reliability1 and ,efficiency ,sec4 #ijja4 ,short title2 amendment of title #di1 ,united ,states ,code4 ,subtitle ,a--,national ,high-,performance ,rail ,system ,sec4 #iaja4 ,purpose and objectives4 ,sec4 #iajb4 ,grant programs4 ,sec4 #iajc4 ,amtrak #e-year business planning4 ,sec4 #iajd4 ,clarification of grant conditions4 ,sec4 #iaje4 ,research and development4 ,sec4 #iajf4 ,miscellaneous revisions4 ,subtitle ,b--,policy ,sec4 #ibja4 ,regional rail development authorities4 ,sec4 #ibjb4 ,northeast ,corridor ,infrastructure and ,operations ,advisory ,commission4 ,sec4 #ibjc4 ,standardization of passenger equipment and platforms4 ,sec4 #ibjd4 ,next ,generation ,equipment ,committee4 ,sec4 #ibjf4 ,rail passenger transportation liability and mandatory coverage4 ,sec4 #ibjg4 ,shared-use study4 ,sec4 #ibjh4 ,disadvantaged business enterprises2 disparity and availability study4 ,subtitle ,c--,planning ,sec4 #icja4 ,national and regional rail planning4 ,sec4 #icjb4 ,state rail plans4 ,subtitle ,d--,safety ,improvements ,sec4 #idja4 ,requirement for uniform operating rules4 ,sec4 #idjb4 ,positive train control4 ,sec4 #idjc4 ,hours of service reform4 ,sec4 #idjd4 ,amendments to the safety appliance law4 ,sec4 #idje4 ,amendments to the locomotive inspection law4 ,sec4 #idjf4 ,technical amendment to the provision on protection of railroad safety risk reduction program information4 ,sec4 #idjg4 ,noise emission standards4 ,sec4 #idjh4 ,technical amendment to chapter #bja general civil penalty provision4 ,sec4 #idji4 ,miscellaneous authorization of appropriations4 ,sec4 #idaj4 ,repair and replacement of damaged track inspection equipment4 ,subtitle ,e--,miscellaneous ,revisions and ,technical ,corrections ,sec4 #ieja4 ,authorization of appropriations4 ,sec4 #iejb4 ,technical corrections to the ,rail ,safety ,improvement ,act of #bjjh4 ,sec4 #iejc4 ,technical correction to introductory text of ,public ,law #aaj-dcb4 ,sec4 #iejd4 ,technical corrections to uncodified provisions of division ,a of ,public ,law #aaj-dcb1 the ,rail ,safety ,improvement ,act of #bjjh4 ,sec4 #ieje4 ,technical corrections to provisions of the hours of service laws and related civil penalty provision4 ,sec4 #iejf4 ,elimination of certain ,,fra reporting requirements4 ,title ,x--,miscellaneous ,sec4 #ajjja4 ,consideration of travel and tourism in award of financial assistance4 ,sec4 #ajjjb4 ,electronic reports and report modification4 ,sec4 #ajjjc4 ,amendment of ,federal ,aid in ,sport ,fish ,restoration ,act4 ,sec4 #ajjjd4 ,amendments to chapter #ecg of title #df4 ,sec4 #ajjje4 ,government-wide authority for electric charging infrastructure at no cost to the taxpayer4 ,title ,,xi--,budgetary ,interpretations and ,treatments ,sec4 #aajja4 ,amounts in this ,act4 ,sec4 #aajjb4 ,direct or mandatory spending4 ,sec4 #aajjc4 ,treatment for statutory ,,paygo and related purposes4 ,sec4 #aajjd4 ,scoring of changes in contract authority in appropriations ,acts4 ,sec4 #aajje4 ,scoring of changes in obligation limits in appropriations ,acts4 ,sec4 #aajjf4 ,scoring of transfers between the general fund and the ,transportation ,trust ,fund4 ,sec4 #aajjg4 ,special rule4 #b4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,department ,the term ,department means the ,department of ,transportation4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #c4 ,effective date ,except as otherwise provided1 this ,act1 and the amendments made by this ,act1 shall take effect on ,october #a1 #bjad4 ,i ,transportation ,infrastructure ,initiatives ,a ,increasing ,efficiency in ,project ,delivery #ajja4 ,improving ,state and ,federal agency engagement in environmental reviews 7a7 ,in general ,title #di1 ,united ,states ,code1 is amended by inserting after section #cjf the following3 #cjg4 ,improving ,state and ,federal agency engagement in environmental reviews 7a7 ,in general ,a public entity receiving financial assistance from the ,department of ,transportation for one or more projects or for a program of projects1 may request that the ,secretary allow the public entity to provide funds to ,federal agencies1 including the ,department of ,transportation1 ,state agencies1 and ,indian tribes participating in the environmental planning and review process for the project1 projects1 or program4 ,the funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes1 including planning1 approval and consultation processes for the project1 projects1 or program4 7b7 ,activities eligible for funding ,activities for which funds may be provided under subsection 7a7 include transportation planning activities that precede the initiation of the environmental review process1 activities directly related to the environmental review process1 dedicated staffing1 training of agency personnel1 information gathering and mapping1 and development of programmatic agreements4 7c7 ,amounts ,requests under subsection 7a7 may be approved only for the additional amounts that the ,secretary determines are necessary for the ,federal agencies1 ,state agencies1 or ,indian tribes participating in the environmental review process to timely conduct their review4 7d7 ,agreements ,prior to providing funds approved by the ,secretary for dedicated staffing at an affected ,federal agency under subsection 7a71 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 funds4 7e7 ,existing authority ,nothing in this section shall be construed as conflicting with the provisions of section #aci7;j7 of title #bc4 4 7b7 ,conforming amendment ,the analysis of chapter #c of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #cjf the following3 #cjg4 ,improving ,state and ,federal agency engagement in environmental reviews 4 #ajjb4 ,environmental review alignment and reform 7a7 ,in general ,title #di1 ,united ,states ,code1 is amended by inserting after section #cji the following3 #caj4 ,aligning ,federal environmental reviews 7a7 ,coordinated and concurrent environmental reviews ,within one year of the date of enactment of ,,grow ,,america ,act1 the ,department of ,transportation1 in coordination with the ,steering ,committee1 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 7#db ,u4,s4,c4 #dcba et seq47 7referred to as ,,nepa in this section74 ,this coordinated and concurrent environmental review and permitting process shall-- 7#a7 ensure that the ,department of ,transportation and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project's purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely upon for concurrent environmental reviews and permitting decisions required for the proposed project2 7#b7 achieve early concurrence or issue resolution during the ,,nepa scoping process on the ,department of ,transportation's statement of a project's purpose and need and during development of the environmental impact statement on the range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely upon for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction's obligations under statute or ,executive order2 and 7#c7 achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any ,federal agency's environmental or permitting review in order to meet an agency of jurisdiction's obligations under statute or ,executive order4 7b7 ,environmental ,checklist ,the ,secretary and ,federal ,agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects shall1 within #ij days of the date of enactment of ,,grow ,,america ,act1 jointly develop a checklist to help project sponsors identify potential natural1 cultural1 and historic resources in the area of a proposed project4 ,the purpose of the checklist is to-- 7#a7 identify agencies of jurisdiction and cooperating agencies1 7#b7 develop the information needed for the purpose and need and alternatives for analysis2 and 7#c7 improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction4 7c7 ,interagency collaboration ,consistent with ,federal environmental statutes and the priority reform actions for ,federal agency permitting and reviews defined and identified by the ,steering ,committee described in section #ajji1 the ,secretary shall facilitate annual interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management4 ,this engagement shall also ensure agency staff is fully engaged and utilizing the flexibility of existing regulations1 policies1 and guidance and identifying additional actions to facilitate high quality1 efficient1 and targeted environmental reviews and permitting decisions4 ,these sessions and the interagency collaborations they generate shall also focus on how to work with ,state and local transportation entities to improve project planning1 siting1 and application quality and how to consult and coordinate with relevant stakeholders and ,federal1 ,tribal1 ,state1 and local representatives early in permitting processes4 7d7 ,performance measurement ,within one year of the date of enactment of ,,grow ,,america ,act1 the ,department of ,transportation1 in coordination with the ,steering ,committee1 shall establish a program to measure and report on progress towards aligning ,federal reviews as outlined in this section4 4 7b7 ,conforming amendment ,the analysis of subchapter ,i of chapter #c of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #caj4 ,aligning ,federal environmental reviews 4 #ajjc4 ,improving collaboration for accelerated decisionmaking ,section #aci7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e77;,a77ii77,i71 by inserting 1 including modifications to the project schedule after review process2 and 7#b7 in paragraph 7#f77;,b71 by striking clause 7ii7 and inserting the following3 7ii7 ,description of date ,the date referred to in clause 7i7 is one of the following3 7,i7 ,the date that is #cj days after the date for rendering a decision as set in the project schedule created pursuant to paragraph 7g77#a77;,b7 of this section4 7,,ii7 ,if no schedule exists1 the later of-- 7aa7 the date that is #ahj days after the date on which an application for the permit1 license or approval is complete2 or 7bb7 the date that is #ahj days after the date on which the ,federal lead agency issues a decision on the project under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,,iii7 ,a modified date consistent with subsection 7g77#a77;,d7 of this section4 4 #ajjd4 ,unreasonable obstruction of navigation determination 7a7 ,bridge act of #aijf ,section #d of the ,bridge ,act of #aijf 7#cc ,u4,s4,c4 #did7 is amended-- 7#a7 by designating the existing text as subsection 7a72 and 7#b7 by inserting at the end the following3 7b7 ,when determining whether a bridge unreasonably obstructs the free navigation of the waters over which it is constructed1 the ,secretary shall1 for projects that are funded under title #bc or title #di1 ,united ,states ,code1 consider-- 7#a7 the necessities of rail1 aviation1 transit1 and highway traffic2 and 7#b7 construction1 maintenance1 and operation costs of the proposed bridge4 4 7b7 ,general bridge act of #aidf ,section #ejb of the ,general ,bridge ,act of #aidf 7#cc ,u4,s4,c4 #ebe7 is amended by inserting at the end the following3 7d7 ,unreasonable obstruction of navigation determination ,when determining whether a bridge unreasonably obstructs the free navigation of the waters over which it is constructed1 the ,secretary shall1 for projects that are funded under title #bc or title #di1 ,united ,states ,code1 consider-- 7#a7 the necessities of rail1 aviation1 transit1 and highway traffic2 and 7#b7 construction1 maintenance1 and operation costs of the proposed bridge4 4 #ajje4 ,satisfaction of requirements for certain historic sites 7a7 ,title #bc amendment ,section #ach of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,satisfaction of requirements for certain historic sites 7#a7 ,in general ,the ,secretary shall seek to align the requirements of this section with the requirements of the ,national ,environmental ,policy ,act 7#db ,u4,s4,c4 #dbca et seq47 7,,nepa71 section #ajf of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f7 7referred to as section #ajf in this section71 and their implementing regulations and will coordinate with the ,department of the ,interior and the ,advisory ,council on ,historic ,preservation to establish procedures that will satisfy the requirements of both within #ij days of enactment of ,,grow ,,america ,act4 7#b7 ,avoidance alternative analysis ,if1 in an analysis required under ,,nepa the ,secretary determines that there is no feasible or prudent alternative to avoid a use of an historic site1 the ,secretary may include the ,secretary's determination in the ,,nepa analysis and notify the applicable ,state historic preservation officer1 tribal historic preservation officer1 the ,advisory ,council on ,historic ,preservation 7if the ,council is participating in the section #ajf consultation process71 and the ,secretary of the ,interior of such findings and request concurrence that such determination is sufficient to satisfy 7a77#a74 ,if the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior concur1 no further analysis under 7a77#a7 shall be required4 ,the ,secretary's ,record of ,decision or ,finding of ,no ,significant ,impact shall include such a finding1 as well as documentation of the concurrence of the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior4 ,a notice of intent from the ,secretary of such a finding1 as well as notice of the concurrence of the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior will be posted on an appropriate ,federal website within #c days of their occurrence4 7#c7 ,aligning historical reviews ,if the ,secretary1 the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior concur that no feasible and prudent alternative exists as described in 7#b71 the ,secretary may then notify the applicable preservation officer1 the ,secretary of the ,interior1 and the ,advisory ,council on ,historic ,preservation of the ,department's intent to satisfy the conditions of 7a77#b7 through the consultation requirements of section #ajf4 ,the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior must concur in the treatment of the historic site agreed upon in the ,memorandum of ,agreement or ,programmatic ,agreement developed in accordance with section #ajf in order to satisfy the conditions of 7a77#b74 4 7b7 ,title #di amendment ,section #cjc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c71 by striking subsection 7d7 and inserting subsections 7d7 and 7e72 and 7#b7 by inserting at the end the following3 7e7 ,satisfaction of requirements for certain historic sites 7#a7 ,in general ,the ,secretary shall seek to align the requirements of this section with the requirements of the ,national ,environmental ,policy ,act 7#db ,u4,s4,c4 #dbca et seq47 7,,nepa71 section #ajf of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f7 7referred to as section #ajf in this section71 and their implementing regulations and will coordinate with the ,department of the ,interior and the ,advisory ,council on ,historic ,preservation to establish procedures that will satisfy the requirements of both within #ij days of enactment of ,,grow ,,america ,act4 7#b7 ,avoidance alternative analysis ,if1 in an analysis required under ,,nepa the ,secretary determines that there is no feasible or prudent alternative to avoid a use of an historic site1 the ,secretary may include the ,secretary's determination in the ,,nepa analysis and notify the applicable ,state historic preservation officer1 tribal historic preservation officer1 the ,advisory ,council on ,historic ,preservation 7if the ,council is participating in the section #ajf consultation process71 and the ,secretary of the ,interior of such findings and request concurrence that such determination is sufficient to satisfy 7a77#a74 ,if the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior concur1 no further analysis under 7a77#a7 shall be required4 ,the ,secretary's ,record of ,decision or ,finding of ,no ,significant ,impact shall include such a finding1 as well as documentation of the concurrence of the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior4 ,a notice of intent from the ,secretary of such a finding1 as well as notice of the concurrence of the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior will be posted on an appropriate ,federal website within #c days of their occurrence4 7#c7 ,aligning historical reviews ,if the ,secretary1 the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior concur that no feasible and prudent alternative exists as described in 7#b71 the ,secretary may then notify the applicable preservation officer1 the ,secretary of the ,interior1 and the ,advisory ,council on ,historic ,preservation of the ,department's intent to satisfy the conditions of 7a77#b7 through the consultation requirements of section #ajf4 ,the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior must concur in the treatment of the historic site agreed upon in the ,memorandum of ,agreement or ,programmatic ,agreement developed in accordance with section #ajf in order to satisfy the conditions of 7a77#b74 4 #ajjf4 ,rail and transit exemption from consideration under section #d7;f7 7a7 ,title #bc amendment ,section #ach of title #bc1 ,united ,states ,code1 as amended by this ,act1 is further amended by inserting the following after subsection 7c73 7d7 ,rail and transit ,improvements to1 or the maintenance1 rehabilitation1 or operation of railroad or rail transit lines or elements thereof1 with the exception of stations1 that are in-use or were historically used for transportation of goods or passengers1 shall not be considered a use of an historic site under subsection 7a71 regardless of whether the railroad or rail transit line or element thereof is listed on1 or eligible for listing on1 the ,national ,register of ,historic ,places4 4 7b7 ,title #di amendment ,section #cjc of title #di1 ,united ,states ,code1 as amended by this ,act1 is further amended-- 7#a7 in subsection 7c71 by striking subsections 7d7 and 7e7 and inserting subsections 7d71 7e7 and 7f72 and 7#b7 by inserting the following after subsection 7e73 7f7 ,rail and transit ,improvements to1 or the maintenance1 rehabilitation1 or operation of railroad or rail transit lines or elements thereof1 with the exception of stations1 that are in-use or were historically used for transportation of goods or passengers1 shall not be considered a use of an historic site under subsection 7c71 regardless of whether the railroad or rail transit line or element thereof is listed on1 or eligible for listing on1 the ,national ,register of ,historic ,places4 4 #ajjg4 ,multimodal categorical exclusions ,section #cjd of title #di1 ,united ,states ,code1 is amended as follows3 7#a7 ,subsection 7a77#a7 is amended-- 7,a7 by striking operating authority and inserting operating administration or secretarial office2 7,b7 by inserting has expertise but before is not the lead2 and 7,c7 by inserting proposed multimodal before project4 7#b7 ,subsection 7a77#b7 is amended to read as follows3 7#b7 ,lead authority ,the term lead authority means a ,department of ,transportation operating administration or secretarial office that has the lead responsibility for a proposed multimodal project4 4 7#c7 ,subsection 7a77#c7 is amended by striking has the meaning given the term in section #aci7;a7 of title #bc and inserting means an action by the ,department of ,transportation that involves expertise of one or more ,department of ,transportation operating administrations or secretarial offices4 7#d7 ,subsection 7b7 is amended by striking under this title and inserting by the ,secretary4 7#e7 ,subsection 7c7 is amended-- 7,a7 by striking a categorical exclusion designated under the implementing regulations or and inserting categorical exclusions designated under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba1 et seq47 implementing2 7,b7 by striking other components of the and inserting a proposed multimodal2 7,c7 by amending paragraphs 7#a7 and 7#b7 to read as follows3 7#a7 the lead authority makes a preliminary determination on the applicability of a categorical exclusion to a proposed multimodal project and notifies the cooperating authority of its intent to apply the cooperating authority categorical exclusion2 7#b7 the cooperating authority does not object to the lead authority's preliminary determination of its applicability2 2 7,d7 by amending paragraph 7#c7 by inserting the lead authority determines that at the beginning1 and proposed multimodal before project to be covered2 and 7,e7 by amending paragraph 7#d7 to read as follows3 7#d7 the lead authority1 with the concurrence of the cooperating authority-- 7,a7 follows implementing regulations or procedures under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 determines that the proposed multimodal project does not individually or cumulatively have a significant impact on the environment2 and 7,c7 determines that extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 4 7#g7 ,subsection 7d7 is amended to read as follows3 7d7 ,cooperating authority expertise ,a cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise4 4 #ajjh4 ,improving transparency in environmental reviews 7a7 ,in general ,title #di1 ,united ,states ,code1 is amended by inserting after section #caj1 as added by this ,act1 the following3 #caa4 ,improving transparency in environmental reviews 7a7 ,in general ,not later than #b years after the date of enactment of ,,grow ,,america ,act1 the ,secretary shall establish an online platform and1 in coordination with agencies described in subsection 7b71 issue reporting standards to make publically available the status and progress with respect to compliance with applicable requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4 ,c4 #dcba et seq47 and any other ,federal approval required under applicable laws for projects and activities requiring an environmental assessment or an environmental impact statement4 7b7 ,federal agency participation ,a ,federal agency of jurisdiction over an approval required for a project under applicable laws shall provide information regarding the status and progress of the approval to the online platform1 consistent with the standards established under subsection 7a74 7c7 ,assignment of responsibilities ,an entity with assigned authority for responsibilities under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4 ,c4 #dcba et seq471 pursuant to section #cbf or #cbg of title #bc1 ,united ,states ,code1 shall be responsible for supplying project development and compliance status for all applicable projects4 4 7b7 ,conforming amendment ,the analysis of chapter #c of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #caj1 as added by this ,act1 the following3 #caa4 ,improving transparency in environmental reviews 4 #ajji4 ,infrastructure permitting improvement center 7a7 ,in general ,title #di1 ,united ,states ,code1 is amended by inserting after section #caa1 as added by this ,act1 the following3 #cab4 ,interagency infrastructure permitting improvement center 7a7 ,in general ,there is established in the ,office of the ,secretary an ,interagency ,infrastructure ,permitting ,improvement ,center 7referred to in this section as the ,center74 7b7 ,roles and responsibilities 7#a7 ,governance ,the ,center shall report to the chair of the ,steering ,committee described in paragraph 7#b7 to ensure that the perspectives of all member agencies are represented4 7#b7 ,infrastructure permitting steering committee ,an ,infrastructure ,permitting ,steering ,committee is established to oversee the work of the ,center4 ,the ,steering ,committee shall be chaired by the ,federal ,chief ,performance ,officer in consultation with the ,chair of the ,council on ,environmental ,quality and shall be comprised of ,deputy-level representatives from the following agencies3 7,a7 ,the ,department of ,defense4 7,b7 ,the ,department of the ,interior4 7,c7 ,the ,department of ,agriculture4 7,d7 ,the ,department of ,commerce4 7,e7 ,the ,department of ,transportation4 7,f7 ,the ,department of ,energy4 7,g7 ,the ,department of ,homeland ,security4 7,h7 ,the ,environmental ,protection ,agency4 7,i7 ,the ,advisory ,council on ,historic ,preservation4 7,j7 ,the ,department of the ,army4 7,k7 ,the ,department of ,housing and ,urban ,development4 7,l7 ,other agencies the ,chair invites to participate4 7#c7 ,activities ,the ,center shall support the ,chair of the ,steering ,committee described in paragraph 7#b7 and undertake the following3 7,a7 ,coordinate and support implementation of priority reform actions for ,federal agency permitting and reviews for areas as defined and identified by the ,steering ,committee described in paragraph 7#b74 7,b7 ,support modernization efforts at agencies and interagency pilots for innovative approaches to the permitting and review of infrastructure projects4 7,c7 ,provide technical assistance and training to field and headquarters staff of ,federal agencies on policy changes1 innovative approaches to project delivery and other topics as appropriate4 7,d7 ,identify1 develop and track metrics for timeliness of permit reviews1 permit decisions1 and project outcomes4 7,e7 ,administer and expand the use of online transparency tools providing for-- 7i7 tracking and reporting of metrics2 7ii7 development and posting of schedules for permit reviews and permit decisions2 and 7iii7 sharing of best practices related to efficient project permitting and reviews4 7,f7 ,provide reporting to the ,president on progress towards achieving greater efficiency in permitting decisions and review of infrastructure projects and progress towards achieving better outcomes for communities and the environment4 7#d7 ,infrastructure sectors covered ,the ,center shall support process improvements in the permitting and review of projects in the following sectors3 7,a7 ,surface transportation4 7,b7 ,aviation4 7,c7 ,ports and waterways4 7,d7 ,water resource projects4 7,e7 ,renewable energy generation4 7,f7 ,electricity transmission4 7,g7 ,broadband4 7,h7 ,pipelines4 7,i7 ,other sectors1 as determined by the ,steering ,committee described in subparagraph 7#b74 4 7b7 ,conforming amendment ,the analysis of chapter #c of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #cab1 as added by this ,act1 the following3 #cab4 ,interagency ,infrastructure ,permitting ,improvement ,center4 4 #ajaj4 ,clarification of transportation environmental authorities 7a7 ,title #di reference to section #d7;f7 ,section #cjc of title #di1 ,united ,states ,code1 as amended by section #ajab of this ,act1 is further amended by inserting at the end the following3 7h7 ,section #d7;f7 ,this section may be referred to as section #d7;f7 or section #d7;f7 of title #di1 ,united ,states ,code4 4 7b7 ,title #bc reference to section #d7;f7 ,section #ach of title #bc1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 7f7 ,section #d7;f7 ,this section may be referred to as section #d7;f7 or section #d7;f7 of title #bc1 ,united ,states ,code4 4 7c7 ,relocation and clarification of section #acai of map-#ba 7#a7 ,repeal ,section #acai of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada1 #abf ,stat4 #eea2 #db ,u4,s4,c4 #dccb;a7 is repealed4 7#b7 ,accelerated decisionmaking in environmental reviews ,chapter #c of title #di1 ,united ,states ,code1 is amended by inserting after section #cjd the following3 #cjd;a4 ,accelerated decisionmaking in environmental reviews 7a7 ,in general ,in preparing a final environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 if the ,department of ,transportation1 when acting as lead agency1 modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional ,departmental response1 the ,department may write on errata sheets attached to the statement instead of rewriting the draft statement1 subject to the condition that the errata sheets-- 7#a7 cite the sources1 authorities1 or reasons that support the position of the ,department2 and 7#b7 if appropriate1 indicate the circumstances that would trigger ,departmental reappraisal or further response4 7b7 ,incorporation ,to the maximum extent practicable1 the ,department shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision1 unless-- 7#a7 the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns2 or 7#b7 there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action4 4 7d7 ,conforming amendment ,the analysis of chapter #c of title #di1 ,united ,states ,code1 is amended by inserting the following after the item relating to section #cjd3 #cjd;a4 ,accelerated decisionmaking in environmental reviews4 4 7e7 ,effective date ,the repeal and amendments made by this section are effective on the date of enactment of the ,moving ,ahead for ,progress in the #bast ,century ,act4 #ajaa4 ,advance acquisition 7a7 ,advance acquisition ,chapter #bda of title #di1 ,united ,states ,code1 is amended by inserting the following after section #bdaje3 #bdajf4 ,advance acquisition 7a7 ,rail corridor preservation ,the ,secretary may assist a recipient of funding in acquiring right-of-way and adjacent real property interests before or during the completion of the environmental reviews for any project receiving funding under subtitle ,v of title #di1 ,united ,states ,code1 that may use such property interests if the acquisition is otherwise permitted under ,federal law1 and the recipient requesting ,federal funding for the acquisition certifies1 with the concurrence of the ,secretary1 that-- 7#a7 the recipient has authority to acquire the real property interest2 7#b7 the acquisition of the real property interest-- 7,a7 is for a transportation purpose2 7,b7 will not cause significant adverse environmental impact2 7,c7 will not limit the choice of reasonable alternatives for the proposed project or otherwise influence the decision of the ,secretary on any approval required for the project2 7,d7 does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered2 7,e7 complies with other applicable ,federal laws and regulations2 7,f7 will be acquired through negotiation1 without threat of condemnation2 and 7,g7 will not result in elimination or reduction of benefits or assistance to a displaced person required by the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq47 and title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7b7 ,environmental reviews 7#a7 ,completion of ,,nepa review ,before authorizing ,federal funding for an acquisition of a real property interest1 the ,secretary shall complete the review process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the acquisition4 7#b7 ,completion of section #ajf ,an acquisition of a real property interest involving an historic site shall not occur unless the section #ajf process under the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f7 7as described in #gg ,fed4 ,reg4 #fhgij7 is complete4 7#c7 ,timing of acquisition ,a real property interest acquired under subsection 7a7 may not be developed in anticipation of the proposed project until all required environmental reviews for the project have been completed4 4 7b7 ,conforming amendment ,the analysis of chapter #bda of title #di1 ,united ,states ,code1 is amended by inserting the following after the item relating to section #bdaje3 #bdajf4 ,advance acquisition4 4 #ajab4 ,bridge exemption from consideration under section #d7;f7 7a7 ,title #bc amendment ,section #ach of title #bc1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 7e7 ,bridge exemption from consideration under section #d7;f7 ,a common post-#aide concrete or steel bridge or culvert that is exempt from individual review under section #ajf of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f7 7as described in #gg ,fed4 ,reg4 #fhgij7 shall also be exempt from consideration under this section4 4 7b7 ,title #di amendment ,section #cjc of title #di1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 7g7 ,bridge exemption from consideration under section #d7;f7 ,a common post-#aide concrete or steel bridge or culvert that is exempt from individual review under section #ajf of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f7 7as described in #gg ,fed4 ,reg4 #fhgij7 shall also be exempt from consideration under this section4 4 ,b ,freight ,policy and ,financing #aaja4 ,multimodal freight investment program 7a7 ,multimodal freight incentive program 7#a7 ,establishment ,title #di1 ,united ,states ,code1 is amended by adding after ,chapter #ec the following3 #ed ,freight #edja4 ,multimodal freight incentive program 7a7 ,in general ,subject to the requirements of this section1 the ,secretary shall-- 7#a7 establish a program to make grants to ,states to improve the efficiency and reliability of freight movement in the ,united ,states2 7#b7 under subsection 7c71 calculate the maximum amount of funding that the ,secretary may allocate to a ,state under this section for a fiscal year2 and 7#c7 under subsection 7e71 allocate to a ,state one or more grants for which the ,state qualifies in such fiscal year1 based on the criteria specified in such subsection4 7b7 ,definition ,in this section1 the term ,state means any of the #ej ,states1 the ,district of ,columbia1 or ,puerto ,rico4 7c7 ,calculation 7#a7 ,annual amount ,the ,secretary shall calculate the amount of funding available to be allocated to a ,state under this section for a fiscal year as follows-- 7,a7 the amount made available to provide multimodal freight incentive grants under this section for such fiscal year2 multiplied by 7,b7 the overall ratio specified in paragraph 7#c74 7#b7 ,floor amount ,under the calculations in paragraph 7#a71 a ,state's amount for a fiscal year shall not be less than #j4e percent of the amount made available to provide multimodal freight incentive grants under this section for such fiscal year4 7#c7 ,ratio ,subject to paragraph 7#b71 the ,secretary shall determine the overall ratio referenced in paragraph 7#a77;,b7 based on the following ratios3 7,a7 #f4be percent in the ratio that-- 7i7 the number of ports in each ,state2 bears to 7ii7 the number of ports in all ,states4 7,b7 #f4be percent in the ratio that-- 7i7 the number of rail track-miles used for the movement of freight in each ,state2 bears to 7ii7 the number of such rail track-miles in all ,states4 7,c7 #f4be percent in the ratio that-- 7i7 the number of cargo-handling airports in each ,state2 bears to 7ii7 the number of such airports in all ,states4 7,d7 #f4be percent in the ratio that-- 7i7 the number of ,interstate system miles in each ,state2 bears to 7ii7 the number of ,interstate system miles in all ,states4 7,e7 #cg4e percent in the ratio that-- 7i7 the tonnage of rail1 waterborne1 highway1 airport and pipeline freight moved in each ,state2 bears to 7ii7 the tonnage of such freight moved in all ,states4 7,f7 #cg4e percent in the ratio that-- 7i7 the value of rail1 waterborne1 highway1 airport and pipeline freight moved in each ,state2 bears to 7ii7 the value of such freight moved in all ,states4 7d7 ,eligibility ,a ,state shall use a grant under this section for-- 7#a7 the development of corridor freight plans or regional freight plans2 or 7#b7 one or more phases of capital projects1 equipment or operational improvements on roads1 rails1 landside infrastructure on ports and airports1 and intermodal connectors included in a ,state freight plan under section #edjd of this title for projects that-- 7,a7 maintain or improve the efficiency and reliability of freight supply chains2 7,b7 demonstrate public freight benefits2 7,c7 improve modal components of a multimodal corridor that is critical to a ,state or region2 7,d7 address freight needs to facilitate a regionally or nationally significant economic development issue2 7,e7 are multimodal1 multi-jurisdictional1 or corridor-based and address freight needs2 7,f7 relieve freight or non-freight access1 congestion1 or safety issues2 or 7,g7 address first and last mile connectors4 7e7 ,grants 7#a7 ,in general ,if during a fiscal year a ,state meets the eligibility criteria specified in paragraph 7#b7 or 7#c7 the ,secretary shall allocate to the ,state in such fiscal year a grant under such paragraph4 ,the determination of whether a ,state meets such eligibility criteria shall be made by the ,secretary4 7#b7 ,tier i incentive grant 7,a7 ,allocations of funding ,subject to paragraph 7#d71 if a ,state meets the eligibility criteria specified in subparagraph 7,b7 during a fiscal year1 the ,secretary shall allocate to the ,state in such fiscal year #dj percent of the amount of the funds available to be allocated to the ,state in such fiscal year4 7,b7 ,eligibility criteria ,the ,secretary may allocate funding to a ,state under this paragraph in a fiscal year if the ,state-- 7i7 has an established freight advisory committee in accordance with section #edjc of this title2 7ii7 has an approved freight plan in accordance with section #edjd of this title2 7iii7 has conducted a statewide analysis of freight needs and bottlenecks on all modes of transportation1 including intermodal and last mile needs2 7iv7 demonstrates use of the statewide analysis of freight needs in prioritizing projects in the freight plan required by section #edjd of this title2 and 7v7 demonstrates that it will use the funding that it is allocated under this paragraph for the highest priority projects that are identified in the freight plan required by section #edjd of this title and are ready to be advanced4 7#c7 ,tier ii incentive grant 7,a7 ,allocations of funding ,subject to paragraph 7#d71 if a ,state meets the eligibility criteria specified in subparagraph 7,b7 during a fiscal year1 the ,secretary shall allocate to the ,state in such fiscal year #fj percent of the amount of the funds available to be allocated to the ,state in such fiscal year4 7,b7 ,eligibility criteria ,the ,secretary may allocate funding to a ,state under this paragraph in a fiscal year if the ,state-- 7i7 has met the eligibility criteria specified in paragraph 7#b77;,b72 7ii7 has conducted1 in cooperation with at least one other ,state1 a multistate analysis of freight needs and bottlenecks on all modes of transportation1 including intermodal and last mile needs along a multistate freight corridor2 7iii7 has developed1 in cooperation with at least one other ,state or relevant entities in ,canada or ,mexico1 a regional freight investment plan that focuses on the end-to-end investment needs of critical multistate freight corridors based on the multistate analysis of freight needs and bottlenecks on all modes of transportation1 including intermodal and last mile needs2 and 7iv7 demonstrates that it will use the funding that it is allocated under this paragraph for the highest priority projects identified in the regional freight plan4 7#d7 ,tier i and ii analyses and plans 7,a7 ,approval ,a ,state shall demonstrate that it developed the analyses and plans required under paragraphs 7#b7 and 7#c7 with the approval of a ,state ,freight ,advisory ,committee4 7,b7 ,certification ,the determination of whether the analyses and plans required to qualify under paragraphs 7#b7 and 7#c7 satisfy the requirements of the paragraphs shall be at the discretion of the ,secretary4 7,c7 ,forecast period ,all analyses and plans required under paragraph 7#c7 shall address a #aj-year and #bj-year forecast period4 7,d7 ,updates ,in order to obligate funding under paragraphs 7#b7 and 7#c71 a ,state shall update all analyses and plans required under such paragraph at least every #e years4 7f7 ,transfer authority 7#a7 ,administration of projects ,for the purpose of administering a grant under this subsection1 funds authorized for this section may be transferred within the ,department and administered in accordance with the requirements of title #bc or #di of the ,united ,states ,code applicable to the agency to which the funds are transferred and any other requirements applicable to the project4 7#b7 ,transfer to other programs ,funds authorized for this section may not be transferred to any other program under titles #bc or #di1 ,united ,states ,code4 7g7 ,federal share ,the ,federal share for projects funded under this section shall not exceed #hj percent4 ,funds authorized for this section may not be applied towards the non-,federal share of costs under another ,federal program4 7h7 ,treatment for obligation limitation distribution ,for purposes of distributing obligation limitation in any fiscal year1 the ,secretary shall provide funds made available for this section with obligation limitation as follows3 7#a7 ,the ,secretary shall provide funds authorized for that fiscal year with obligation limitation under section #bjjb7;c77#d7 of the ,,grow ,,america ,act or the equivalent provision of the relevant appropriations act for a fiscal year1 as appropriate4 7#b7 ,the ,secretary shall provide funds carried over from prior fiscal years with obligation limitation under section #bjjb7;c77#b7 of such ,act or the equivalent provision of the relevant appropriations act for a fiscal year1 as appropriate4 4 7#b7 ,funding 7,a7 ,authorization ,there is authorized to be appropriated from the highway account of the transportation trust fund to carry out section #edja of title #di1 ,united ,states ,code-- 7i7 #ejj1jjj1jjj for fiscal year #bjae2 7ii7 #a1jjj1jjj1jjj for fiscal year #bjaf2 7iii7 #a1ejj1jjj1jjj for fiscal year #bjag2 and 7iv7 #b1jjj1jjj1jjj for fiscal year #bjah4 7,b7 ,availability and administration ,the funds authorized by subparagraph 7,a7 shall be-- 7i7 available for obligation on ,october #a of the fiscal year for which they are authorized2 7ii7 available for obligation until expended2 and 7iii7 administered as if such funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7,c7 ,transfer to national freight infrastructure program ,notwithstanding section #edja7;f77#b7 of title #di1 ,united ,states ,code1 as soon as practicable after ,october #a1 #bjaf1 and each fiscal year thereafter1 the ,secretary shall transfer to the ,national ,freight ,infrastructure program under section #edjb of such title-- 7i7 of the funds authorized under subparagraph 7,a7 to carry out section #edja of such title1 any funds that-- 7,i7 were available to be allocated to a ,state for the prior fiscal year under subsection 7c7 of such section2 but 7,,ii7 the ,secretary did not allocate to that ,state for that prior fiscal year due to that ,state not meeting the eligibility criteria specified under subsection 7e77#b7 or 7e77#c7 of such section2 and 7ii7 an amount of obligation limitation equal to the amount of funds that the ,secretary transfers under clause 7i74 7b7 ,national freight infrastructure program 7#a7 ,establishment ,chapter #ed of such title is amended by adding at the end the following3 #edjb4 ,national freight infrastructure program 7a7 ,general ,the ,secretary shall establish and implement a ,national ,freight ,infrastructure ,program under this section4 7b7 ,goals ,the goals of the program shall be to-- 7#a7 reduce the cost of freight transportation2 7#b7 improve the safety of freight transportation2 7#c7 relieve bottlenecks in the freight transportation system2 7#d7 improve the state of good repair of the freight transportation system2 and 7#e7 reduce the adverse environmental and community impacts of freight transportation4 7c7 ,definitions ,in this section the following definitions apply3 7#a7 ,eligible ,applicant 7,a7 ,in general ,the term eligible applicant means-- 7i7 a ,state 7as defined in section #aja7;a77#be7 of title #bc72 7ii7 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 or the ,u4,s4 ,virgin ,islands2 7iii7 a local government2 7iv7 a metropolitan planning organization2 7v7 a public transportation authority 7including a port authority72 7vi7 a tribal government2 or 7vii7 a group of entities described in clauses 7i7 through 7vi74 7,b7 ,groups of entities ,a group described in clause 7vii7 of subparagraph 7,a7 shall submit an application through a lead applicant that qualifies under one of the clauses 7i7 through 7vi7 of that subparagraph4 ,public-private partnerships are eligible provided the lead applicant qualifies under one of the clauses 7i7 through 7vi7 of subparagraph 7,a74 7#b7 ,eligible project 7,a7 ,in general ,the term eligible project means a capital investment for a transportation infrastructure facility1 or for an operational improvement or equipment for such a facility-- 7i7 that is for a facility significantly used for the movement of freight1 and that is-- 7,i7 a road1 rail1 air1 water1 or pipeline facility2 7,,ii7 an intermodal facility such as a seaport or port on the inland waterway system1 an airport1 or a highway_/rail intermodal facility2 or 7,,iii7 a facility related to an international border crossing2 7ii7 that the ,secretary has determined will help to achieve the goals set out in subsection 7b72 7iii7 for which funding committed by ,state and local governments and other public and private partners1 along with the ,federal funding requested1 will be sufficient to complete the capital investment2 and 7iv7 that upon completion will have independent utility4 7,b7 ,plans and analyses ,the term eligible project includes the development of plans and analysis required by this chapter4 7d7 ,applications ,an eligible applicant seeking to receive a grant under this section for an eligible project shall submit to the ,secretary an application in such form and in accordance with such requirements as the ,secretary shall establish4 7e7 ,selection of projects ,the ,secretary shall select projects for funding based on the criteria specified in subsection 7f74 7f7 ,criteria for selection ,the ,secretary shall select eligible projects for funding based on the following criteria3 7#a7 ,the extent to which the project is likely to advance the goals set forth in subsection 7b74 7#b7 ,the likely benefits of the project relative to its costs4 7#c7 ,the extent to which the project demonstrates the use of innovative technology1 strategies1 and practices4 7#d7 ,the likely effect of the project on increasing ,u4,s4 exports4 7#e7 ,the consistency of the project with the ,national ,freight ,strategic ,plan under section #edje of this title4 7#f7 ,inclusion of the project in the ,state freight plan required under section #edjd of this title4 7#g7 ,the extent to which the project leverages ,federal funds by matching ,state1 local1 tribal1 or private funds to the ,federal funding requested under this section4 7#h7 ,the extent to which funds for the project are not available from other sources4 7g7 ,retrospective analysis 7#a7 ,analysis ,a grant agreement made under this section between the ,government and a grantee shall specify that the grantee will collect data and report to the ,secretary1 at times that the ,secretary shall specify1 on-- 7,a7 the actual cost of constructing the project2 7,b7 the time required to complete the project and put it into service2 7,c7 the level of usage of the facility built or improved by the project2 7,d7 the benefits of the project1 measured in a way that is consistent with the benefits that were estimated in the application for funding that was submitted to the ,secretary2 and 7,e7 any costs resulting from the project in addition to the costs of constructing the project4 7h7 ,terms and conditions ,the ,secretary shall determine such other terms and conditions1 other than those listed in this section1 as are necessary and appropriate to implement this section4 7i7 ,administrative and oversight costs 7#a7 ,in general ,the ,secretary may retain up to one-half of #a percent of the amounts authorized for each fiscal year under this section for-- 7,a7 administration of the ,national ,freight ,infrastructure ,program under this section2 and 7,b7 oversight of projects funded under this section4 7#b7 ,transfer of funds ,the ,secretary may transfer portions of the funds retained under this subsection to the ,administrators of the ,federal ,highway ,administration1 the ,federal ,railroad ,administration1 the ,federal ,aviation ,administration1 and the ,federal ,maritime ,administration to carry out the administration and oversight of grants made under this section4 7j7 ,federal share ,the ,federal share for projects funded under this section shall not exceed #hj percent4 7k7 ,administration of projects ,for the purpose of administering a grant under this section1 funds authorized for this section may be transferred within the ,department and administered in accordance with the requirements of title #bc or #di of the ,united ,states ,code applicable to the agency to which the funds are transferred and any other requirements applicable to the project4 4 7#b7 ,funding 7,a7 ,in general ,there is authorized to be appropriated from the highway account of the transportation trust fund to carry out this section-- 7i7 #ejj1jjj1jjj for fiscal year #bjae2 7ii7 #a1jjj1jjj1jjj for fiscal year #bjaf2 7iii7 #a1ejj1jjj1jjj for fiscal year #bjag2 and 7iv7 #b1jjj1jjj1jjj for fiscal year #bjah4 7,b7 ,administration of funds ,the funds authorized by subparagraph 7,a7 shall be-- 7i7 available for obligation on ,october #a of the fiscal year for which they are authorized2 and 7ii7 available for obligation until expended4 7c7 ,state freight advisory committee ,chapter #ed of such title is amended by adding at the end the following3 #edjc4 ,state freight advisory committees 7a7 ,in general 7#a7 ,freight advisory committee ,each ,state that receives a grant under this chapter shall establish and maintain a freight advisory committee consistent with criteria established by the ,secretary and consisting of a representative cross-section of public and private sector freight stakeholders1 including-- 7,a7 all modes of freight transportation active in the ,state1 including airports1 highways1 ports1 and rail2 7,b7 shippers2 7,c7 carriers2 7,d7 freight-related associations3 7,e7 the freight industry workforce2 7,f7 the transportation department of the ,state2 7,g7 metropolitan planning organizations2 and 7,h7 local governments4 7#b7 ,qualifications ,individuals selected under paragraph 7#a7 must be widely recognized to have qualifications sufficient to represent the interests of their specific stakeholder group1 including-- 7,a7 general business and financial experience2 7,b7 experience or qualifications in the areas freight transportation and logistics2 7,c7 experience in transportation planning2 7,d7 representing employees of the freight industry2 or 7,e7 representing ,state or local governments1 or metropolitan planning organizations4 7b7 ,role of committee ,the freight advisory committee shall-- 7#a7 advise the ,state on freight-related priorities1 issues1 projects1 and funding needs2 7#b7 serve as a forum for discussion for ,state transportation decisions affecting freight mobility2 7#c7 communicate and coordinate regional priorities with other organizations2 7#d7 promote the sharing of information between the private and public sectors on freight issues2 7#e7 participate in the development of the ,state freight plan1 including advising on the development of the freight investment plan2 and 7#f7 approve the ,state freight plan under section #edjd of this title1 including the freight investment plan required thereunder4 4 7d7 ,state freight plan ,chapter #ed of such title is amended by adding at the end the following3 #edjd4 ,state freight plan 7a7 ,in general ,each ,state that receives a grant under this chapter shall develop a freight plan that provides a multimodal1 comprehensive plan for the immediate and long-range planning activities and investments of the ,state with respect to freight4 ,the freight plan shall include a strategic1 long-term component and a tactical1 short-term component4 7b7 ,plan contents ,the freight plan shall consider all modes of freight transportation in the ,state and include1 at a minimum-- 7#a7 an identification of significant freight system trends1 needs1 and issues with respect to a ,state2 7#b7 a description of the freight policies1 strategies1 and performance measures that will guide the freight-related transportation investment decisions of the ,state2 7#c7 a description of how the plan will improve the ability of the ,state to meet the national freight goals established under section #edje of this title2 7#d7 evidence of consideration of innovative technologies and operational strategies1 including intelligent transportation systems1 that improve the safety and efficiency of freight movement2 7#e7 in the case of routes on which travel of heavy vehicles 7including mining1 agricultural1 energy cargo or equipment1 and timber vehicles7 is projected to substantially deteriorate the condition of the roadways1 a description of improvements that may be required to reduce or impede the deterioration2 7#f7 an inventory of facilities with freight mobility issues1 such as truck bottlenecks1 within the ,state1 and a description of the strategies the ,state is employing to address those freight mobility issues2 and 7#g7 a freight investment plan that includes a list of projects in order of priority and describes how multimodal freight investment funds under section #edja of this title would be invested and matched4 7c7 ,relationship to long-,range plan 7#a7 ,incorporation ,the freight plan may be developed separate from or incorporated into the statewide strategic long-range transportation plan required by section #ace7;f7 of title #bc1 ,united ,states ,code4 7#b7 ,requirement of anticipated full funding ,the priority freight investment plan component of the freight plan shall include a project1 or an identified phase of a project1 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 plan4 7d7 ,certification ,the ,secretary shall approve ,state freight plans if they address the requirements of this section and are consistent with the ,national ,freight ,strategic ,plan4 7e7 ,forecast period ,the freight plan shall address a #aj-year forecast period4 7f7 ,updates ,a ,state shall update the freight plan at least every #e years4 ,the ,state may update the freight investment plan on a more frequent basis4 4 7e7 ,national freight policy1 network1 plan1 and data ,chapter #ed of such title is amended by adding at the end the following3 #edje4 ,national freight policy1 network1 plan1 and data 7a7 ,national freight policy ,it is the policy of the ,united ,states to improve the condition and performance of the national freight system to ensure that the national freight system provides the foundation for the ,united ,states to compete in the global economy and achieve each goal described in subsection 7b74 7b7 ,goals ,the goals of the national freight policy are-- 7#a7 to increase the productivity and efficiency of the national freight system so as to enhance the economic competitiveness of the ,united ,states2 7#b7 to improve the safety1 security1 and resilience of freight transportation2 and 7#c7 to improve quality of life by reducing1 eliminating or reversing adverse environmental and community impacts of freight projects and goods movement in the ,united ,states4 7c7 ,strategy ,the strategies that the ,united ,states shall use to achieve the goals set forth in subsection 7b7 shall include-- 7#a7 support for or investment in infrastructure1 equipment and operational improvements2 7#b7 appropriate safety1 environmental1 energy1 and other transportation policies2 7#c7 advanced technology and innovation2 7#d7 enhancement of competition and accountability in the transportation industries2 and 7#e7 use of performance management4 7d7 ,national freight system defined ,in this section1 the term national freight system means the publicly and privately-owned transportation facilities that are used in transporting freight within the ,united ,states1 including roads1 railroads1 ports1 waterways1 locks and dams1 airports1 airways1 pipelines1 warehouses1 distribution centers1 and intermodal facilities4 7e7 ,multimodal national freight network 7#a7 ,establishment ,the ,secretary shall establish a multimodal national freight network in accordance with this section to inform public and private planning1 to prioritize for ,federal investment1 to aid the public and private sector in strategically directing resources1 and to support ,federal decisionmaking to achieve the national freight policy goals set forth in subsection 7b74 7#b7 ,network components ,the national freight network shall consist of such connectors1 corridors and facilities in all freight transportation modes as most critical to the current and future movement of freight within the national freight system2 7#c7 ,initial designation of the national freight network 7,a7 ,designation ,the ,secretary shall designate a national freight network-- 7i7 using measurable data to assess the significance of goods movement1 including consideration of points of origin1 destination1 and linking components of the ,united ,states global and domestic supply chains2 7ii7 fostering network connectivity2 and 7iii7 reflecting input collected from stakeholders through a public process1 including input from metropolitan planning organizations and ,states1 to identify critical freight facilities that are vital links in national or regionally significant goods movement and supply chains4 7,b7 ,factors for designation ,in designating the national freight network1 the ,secretary may consider-- 7i7 volume1 tonnage1 and value of freight2 7ii7 origins and destinations of freight movement in1 to1 and from the ,united ,states2 7iii7 land and maritime ports of entry2 7iv7 population centers2 7v7 economic factors or other inputs determined to be relevant by the ,secretary2 7vi7 bottlenecks and other impediments contributing to significant measurable congestion and delay in freight movement2 7vii7 facilities of future freight importance based on input from stakeholders and analysis of projections for future growth and changes to the freight system2 and 7viii7 elements of the freight system identified and documented by a metropolitan planning organization and ,state using national or local data as having critical freight importance to the region4 7#d7 ,redesignation of the national freight network ,effective beginning #e years after the designation of the national freight network and every #e years thereafter1 using the designation factors described in paragraph 7#a71 the ,secretary shall redesignate the national freight network4 7f7 ,national freight strategic plan 7#a7 ,establishment of plan ,not later than ,october #a1 #bjae1 the ,secretary shall1 in consultation with the ,secretary of ,homeland ,security1 the ,secretary of ,commerce1 the ,assistant ,secretary of the ,army for ,civil ,works1 ,state departments of transportation1 and other appropriate public and private transportation stakeholders1 develop1 maintain1 and post on the ,department of ,transportation public website a national freight strategic plan that shall include-- 7,a7 an assessment of the condition and performance of the national freight system2 7,b7 an identification of bottlenecks on the national freight system that create significant freight congestion problems1 based on a quantitative methodology developed by the ,secretary1 which shall1 at a minimum1 include-- 7i7 information from the ,freight ,analysis ,framework of the ,federal ,highway ,administration2 and 7ii7 to the maximum extent practicable1 an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented2 7,c7 forecasts of freight volumes for #aj-year and #bj-year periods beginning in the year during which the plan is issued2 7,d7 an identification of major trade gateways and national freight corridors that connect major population centers1 trade gateways1 and other major freight generators for current and forecasted traffic and freight volumes1 the identification of which shall be revised1 as appropriate1 in subsequent plans2 7,e7 an assessment of statutory1 regulatory1 technological1 institutional1 financial1 and other barriers to improved freight transportation performance 7including opportunities for overcoming the barriers72 7,f7 an identification of routes providing access to energy exploration1 development1 installation1 or production areas2 7,g7 best practices for improving the performance of the national freight system2 7,h7 best practices for addressing the impacts of freight movement on communities2 7,i7 a process for addressing multistate projects and encouraging jurisdictions to collaborate2 and 7,j7 strategies to improve freight connectivity between modes of transportation4 7#b7 ,updates to national freight strategic plan ,not later than #e years after the date of completion of the first national freight strategic plan under paragraph 7#a71 and every #e years thereafter1 the ,secretary shall update and repost on the ,department of ,transportation public website a revised national freight strategic plan4 7g7 ,freight transportation conditions and performance reports ,not later than ,october #a1 #bjad1 and biennially thereafter1 the ,secretary shall prepare a report that contains a description of the conditions and performance of the national freight system in the ,united ,states4 7h7 ,transportation investment data and planning tools 7#a7 ,in general ,the ,secretary shall develop new tools and improve existing tools to support an outcome-oriented1 performance-based approach to evaluate proposed freight-related and other transportation projects1 including-- 7,a7 methodologies for systematic analysis of benefits and costs2 7,b7 freight forecasting models2 7,c7 tools for ensuring that the evaluation of freight-related and other transportation projects can consider safety1 economic competitiveness1 environmental sustainability1 and system condition in the project selection process2 and 7,d7 other elements to assist in effective transportation planning4 7#b7 ,freight data ,in support of these tools1 and to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions1 the ,secretary shall-- 7,a7 direct the collection of appropriate transportation-related data1 including data to measure the condition and performance of the national freight system2 and 7,b7 consider any improvements to existing freight data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand4 7#c7 ,consultation ,the ,secretary shall consult with ,federal1 ,state1 and other stakeholders to develop1 improve1 and implement the tools and collect the data identified pursuant to this subsection4 7#d7 ,multimodal freight measure ,the ,secretary shall evaluate the analyses and plans required under section #edja7;e7 7#b7 and 7#c7 of this title and consider development of a national performance measure to assess the efficiency of the multimodal freight network in accordance with the ,national ,freight ,strategic ,plan4 4 7f7 ,conforming amendments 7#a7 ,table of chapters ,the table of chapters for such title is amended by inserting after the item related to chapter #ec the following3 #ed4;,freight#edja4 4 7#b7 ,repeals 7,a7 ,map-#ba ,sections #aaaf1 #aaag1 and #aaah of ,,map-#ba 7,public ,law #aab-ada7 are repealed4 7,b7 ,title #bc ,section #afg of title #bc1 ,united ,states ,code1 is repealed4 7#c7 ,cross-reference ,section #eje7;a77#c7 of title #bc1 ,united ,states ,code1 is amended by striking #adi1 and #afg and inserting and #adi1 and section #edje of title #di4 #aajb4 ,redesignation of the national network 7a7 ,operation of commercial vehicles on the national highway system and the national freight network 7#a7 ,section #caaaa amendment ,section #caaaa of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7b77#a77;,a7 by striking the ,dwight ,d4 ,eisenhower ,system of ,interstate and ,defense ,highways 7except a segment exempted under subsection 7f7 of this section7 and those classes of qualifying ,federal-aid ,primary ,system highways designated by the ,secretary of ,transportation under subsection 7e7 of this section and inserting the ,national ,highway ,system and the ,national ,freight ,network 7except a segment exempted under subsection 7e7 of this section72 7,b7 in subsection 7c7 by striking the ,dwight ,d4 ,eisenhower ,system of ,interstate and ,defense ,highways 7except a segment exempted under subsection 7f7 of this section7 and those classes of qualifying ,federal-aid ,primary ,system highways designated by the ,secretary of ,transportation under subsection 7e7 of this section and inserting the ,national ,highway ,system and the ,national ,freight ,network 7except a segment exempted under subsection 7e7 of this section72 7,c7 by striking subsection 7e72 7,d7 by redesignating subsections 7f7 and 7g7 as subsections 7e7 and 7f71 respectively2 and 7,e7 in subsection 7e71 as redesignated-- 7i7 in paragraph 7#a7 by striking the ,dwight ,d4 ,eisenhower ,system of ,interstate and ,defense ,highways and inserting the ,national ,highway ,system or the ,national ,freight ,network2 7ii7 in paragraph 7#b7 by striking the ,dwight ,d4 ,eisenhower ,system of ,interstate and ,defense ,highways and inserting the ,national ,highway ,system or the ,national ,freight ,network2 and 7iii7 in paragraph 7#d77;,a7 by striking the ,dwight ,d4 ,eisenhower ,system of ,interstate and ,defense ,highways and inserting the ,national ,highway ,system or the ,national ,freight ,network4 7#b7 ,section #caaab amendment ,section #caaab of title #di1 ,united ,states ,code1 is amended in subsection 7b7 by striking by the ,secretary of ,transportation under section #caaaa7;e7 of this title and inserting in part #feh of title #bc1 ,code of ,federal ,regulations4 7#c7 ,section #caaac amendment ,section #caaac of title #di1 ,united ,states ,code1 is amended-- 7,a7 by amending subsection 7a7 to read as follows3 7a7 ,general limitations ,except as provided in subsection 7e7 of this section1 a ,state 7except ,hawaii7 may not prescribe or enforce a regulation of commerce that imposes a vehicle width limitation of more or less than #ajb inches on a commercial motor vehicle operating on the ,national ,highway ,system or the ,national ,freight ,network4 2 7,b7 in subsection 7d7 by striking the ,dwight ,d4 ,eisenhower ,system of ,interstate and ,defense ,highways 7except a segment exempted under subsection 7e7 of this section7 or other qualifying ,federal-aid highway designated by the ,secretary and inserting the ,national ,highway ,system or ,national ,freight ,network2 and 7,c7 in subsection 7e7-- 7i7 in paragraph 7#a7 by striking the ,dwight ,d4 ,eisenhower ,system of ,interstate and ,defense ,highways and inserting the ,national ,highway ,system or ,national ,freight ,network2 7ii7 in paragraph 7#b7 by striking the ,dwight ,d4 ,eisenhower ,system of ,interstate and ,defense ,highways and inserting the ,national ,highway ,system or ,national ,freight ,network2 and 7iii7 in paragraph 7#d77;,a7 by striking the ,dwight ,d4 ,eisenhower ,system of ,interstate and ,defense ,highways and inserting the ,national ,highway ,system or ,national ,freight ,network 7#d7 ,section #caaad amendment ,section #caaad of title #di1 ,united ,states ,code1 is amended-- 7,a7 in the section heading by striking ,interstate ,system and inserting ,national ,highway ,system and ,national ,freight ,network2 and 7,b7 by amending subsection 7a77#a7 to read as follows3 7#a7 the ,national ,highway ,system or the ,national ,freight ,network2 and 4 7b7 ,delayed ,applicability ,the ,secretary shall not enforce the amendments made by this section until #c years after the effective date of this ,act4 ,c ,planning #abja4 ,transportation system resilience assessment 7a7 ,section #acd amendment ,section #acd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 7#f71 7#g71 7#h71 7#aj71 and 7#aa71 respectively2 7,b7 by inserting before paragraph 7#d71 as redesignated1 the following3 7#a7 ,adaptation ,the term adaptation means adjustment in natural or human systems in anticipation of or response to a changing environment in a way that effectively uses beneficial opportunities or moderates negative effects of extreme weather events or climate change4 7#b7 ,climate change ,the term climate change means any significant change in the measures of climate lasting for an extended period of time4 ,this may include major changes in temperature1 precipitation1 or wind patterns1 among others1 that occur over several decades or longer4 7#c7 ,critical highway and transit assets ,the term critical highway and transit assets means transportation facilities considered critical to support population centers1 freight movement and economic activity1 or evacuation1 recovery or national security functions4 2 and 7,c7 by inserting before paragraph 7#aj71 as redesignated1 the following3 7#i7 ,resilience ,the term resilience means the ability to anticipate1 prepare for1 and adapt to changing conditions and to withstand1 respond to1 and recover rapidly from disruptions1 including extreme weather events and climate change4 2 and 7#b7 in subsection 7i77#b7-- 7,a7 by redesignating subparagraphs 7,e71 7,f71 7,g71 and 7,h71 as subparagraphs 7,f71 7,g71 7,h71 and 7,i71 respectively2 and 7,b7 by inserting before subparagraph 7,f71 as redesignated1 the following3 7,e7 ,adaptation and resilience 7i7 ,in general ,in order to protect the integrity and enhance the resilience of the transportation system and to ensure the efficient use of ,federal resources1 the long-range transportation plan shall include-- 7,i7 an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects2 and 7,,ii7 an explanation of potential strategies for the adaptation of those critical assets4 7ii7 ,consultation and coordination ,the analysis shall be developed in consultation with ,federal1 ,state1 local and ,tribal agencies1 as appropriate4 ,the analysis and strategies shall take into consideration the risk management analysis in the ,state's asset management plan1 developed pursuant to section #aai of this title1 and the ,state's evaluation of reasonable alternatives to roads1 highways1 and bridges that repeatedly require repair and reconstruction activities due to emergency events1 carried out in accordance with section #acae7;b7 of ,public ,law #aab-ada 7#abf ,stat4 #edi74 4 7b7 ,section #ace amendment ,section #ace7;f7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#aj7 ,adaptation and resilience 7,a7 ,in general ,to protect the integrity and enhance the resilience of the transportation system and to ensure the efficient use of ,federal resources1 the long-range transportation plan shall include-- 7i7 an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects2 and 7ii7 an explanation of potential strategies for the adaptation of those critical assets4 7,b7 ,consultation and coordination ,the analysis shall be developed in consultation with ,federal1 ,state1 local and ,tribal agencies1 as appropriate4 ,the analysis and strategies shall take into consideration the risk management analysis in the ,state's asset management plan1 developed pursuant to section #aai of this title1 and the ,state's evaluation of reasonable alternatives to roads1 highways1 and bridges that repeatedly require repair and reconstruction activities due to emergency events1 carried out in accordance with section #acae7;b7 of ,public ,law #aab-ada 7#abf ,stat4 #edi74 4 7c7 ,section #ecjc amendment ,section #ecjc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 7#f71 7#g71 7#h71 7#aj71 and 7#aa71 respectively2 7,b7 by inserting before paragraph 7#d71 as redesignated1 the following3 7#a7 ,adaptation ,the term adaption means an adjustment in natural or human systems in anticipation of or response to a changing environment in a way that effectively uses beneficial opportunities or moderates negative effects of extreme weather events or climate change4 7#b7 ,climate change ,the term climate change means any significant change in the measures of climate lasting for an extended period of time4 ,this may include major changes in temperature1 precipitation1 or wind patterns1 among others1 that occur over several decades or longer4 7#c7 ,critical highway and transit assets ,the term critical highway and transit assets means transportation facilities considered critical to support population centers1 freight movement and economic activity1 or evacuation1 recovery or national security functions4 2 and 7,c7 by inserting before paragraph 7#aj71 as redesignated1 the following3 7#i7 ,resilience ,the term resilience means the ability to anticipate1 prepare for1 and adapt to changing conditions and to withstand1 respond to1 and recover rapidly from disruptions1 including extreme weather events and climate change4 2 and 7#b7 in subsection 7i77#b7-- 7,a7 by redesignating subparagraphs 7,e71 7,f71 7,g71 and 7,h71 as subparagraphs 7,f71 7,g71 7,h71 and 7,i71 respectively2 and 7,b7 by inserting before subparagraph 7,f71 as redesignated1 the following3 7,e7 ,adaptation and resilience 7i7 ,in general ,to protect the integrity and enhance the resilience of the transportation system and to ensure the efficient use of ,federal resources1 the long-range transportation plan shall include-- 7,i7 an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects2 and 7,,ii7 an explanation of potential strategies for the adaptation of those critical assets4 7ii7 ,consultation and coordination ,the analysis shall be developed in consultation with ,federal1 ,state1 local and ,tribal agencies1 as appropriate4 ,the analysis and strategies shall take into consideration the risk management analysis in the ,state's asset management plan1 developed pursuant to section #aai of this title1 and the ,state's evaluation of reasonable alternatives to roads1 highways1 and bridges that repeatedly require repair and reconstruction activities due to emergency events1 carried out in accordance with section #acae7;b7 of ,public ,law #aab-ada 7#abf ,stat4 #edi74 4 7d7 ,section #ecjd amendment ,section #ecjd7;f7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#aj7 ,adaptation and resilience 7,a7 ,in general ,to protect the integrity and enhance the resilience of the transportation system and ensure the efficient use of ,federal resources1 the long-range transportation plan shall include-- 7i7 an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects2 and 7ii7 an explanation of potential strategies for the adaptation of those critical assets4 7,b7 ,consultation and coordination ,the analysis shall be developed in consultation with ,federal1 ,state1 local and ,tribal agencies1 as appropriate4 ,the analysis and strategies shall take into consideration the risk management analysis in the ,state's asset management plan1 developed pursuant to section #aai of this title1 and the ,state's evaluation of reasonable alternatives to roads1 highways1 and bridges that repeatedly require repair and reconstruction activities due to emergency events1 carried out in accordance with section #acae7;b7 of ,public ,law #aab-ada 7#abf ,stat4 #edi74 4 #abjb4 ,consolidated and high performing metropolitan planning organizations 7a7 ,consolidation of metropolitan planning organizations 7#a7 ,section #acd amendment ,section #acd7;d77#f7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#f7 ,consolidation of metropolitan planning organizations within urbanized areas 7,a7 ,limitation on new metropolitan planning organization designations ,a metropolitan planning organization shall not be newly-designated-- 7i7 within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area2 or 7ii7 outside of a metropolitan statistical area4 7,b7 ,multiple existing metropolitan planning organizations ,if multiple existing metropolitan planning organizations are designated within a metropolitan statistical area-- 7i7 the metropolitan planning organizations may-- 7,i7 retain their designation as distinct metropolitan planning organizations2 or 7,,ii7 be consolidated by agreement between the metropolitan planning organizations2 7ii7 the ,governor 7or ,governors7 and the existing metropolitan planning organizations shall-- 7,i7 revisit a determination to remain unconsolidated every #aj years1 beginning two years after the next decennial census2 and 7,,ii7 provide justification to the ,secretary of the continued necessity of the designation of multiple metropolitan planning organizations in the area2 and 7iii7 where multiple metropolitan planning organizations exist within a single metropolitan statistical area1 they shall cooperate with one another to-- 7,i7 develop a single transportation improvement plan and a single long-range plan for use by all metropolitan planning organizations within the metropolitan statistical area when developing their individual plans2 and 7,,ii7 establish a single set of performance targets that address the performance measures described in section #aej7;c7 for use in developing individual performance targets in accordance with section #acd7;h77#b74 4 7#b7 ,section #ecjc amendment ,section #ecjc7;d77#f7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#f7 ,consolidation of metropolitan planning organizations within urbanized areas 7,a7 ,limitation on new metropolitan planning organization designations ,a metropolitan planning organization shall not be newly-designated-- 7i7 within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area2 or 7ii7 outside of a metropolitan statistical area4 7,b7 ,multiple existing metropolitan planning organizations ,if multiple existing metropolitan planning organizations are designated within a metropolitan statistical area-- 7i7 the metropolitan planning organizations may-- 7,i7 retain their designation as distinct metropolitan planning organizations2 or 7,,ii7 be consolidated by agreement between the metropolitan planning organizations2 7ii7 the ,governor 7or ,governors7 and the existing metropolitan planning organizations shall-- 7,i7 revisit a determination to remain unconsolidated every #aj years1 beginning two years after the next decennial census2 and 7,,ii7 provide justification to the ,secretary of the continued necessity of the designation of multiple metropolitan planning organizations in the area2 and 7iii7 where multiple metropolitan planning organizations exist within a single metropolitan statistical area1 they shall cooperate with one another to-- 7,i7 develop a single transportation improvement plan and a single long-range plan for use by all metropolitan planning organizations within the metropolitan statistical area when developing their individual plans2 and 7,,ii7 establish a single set of performance targets that address the performance measures described in section #aej7;c7 of title #bc1 ,united ,states ,code1 for use in developing individual performance targets in accordance with subsection 7h77#b7 and sections #ecbf7;c7 and #ecbi7;d7 of this title4 4 7#c7 ,definitions 7,a7 ,highway definition ,section #acd7;b7 of title #bc1 ,united ,states ,code1 as amended by section #abja7;a7 of this ,act1 is further amended by-- 7i7 redesignating paragraphs 7#c7 through 7#aa7 as paragraphs 7#d7 through 7#ab72 and 7ii7 inserting after paragraph 7#b7 the following-- 7#c7 ,consolidated metropolitan planning organization ,the term consolidated metropolitan planning organization means a sole metropolitan planning organization that serves a metropolitan statistical area4 4 7,b7 ,transit definition ,section #ecjc7;b7 of title #di1 ,united ,states ,code1 as amended by section #abja7;c7 of this ,act is further amended by-- 7i7 redesignating paragraphs 7#c7 through 7#aa7 as paragraphs 7#d7 through 7#ab72 and 7ii7 inserting after paragraph 7#b7 the following-- 7#c7 ,consolidated metropolitan planning organization ,the term consolidated metropolitan planning organization means a sole metropolitan planning organization that serves a metropolitan statistical area4 4 7b7 ,designation of high performing metropolitan planning organizations 7#a7 ,section #acd amendment ,section #acd of title #bc1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 7r7 ,high performing metropolitan planning organizations 7#a7 ,in general ,a metropolitan planning organization that represents an urbanized area with a population of over #bjj1jjj individuals may request a high performing metropolitan planning organization designation from the ,secretary4 7#b7 ,criteria ,in making a high performing metropolitan planning organization designation1 the ,secretary shall consider-- 7,a7 the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking2 7,b7 the extent to which the metropolitan planning organization has incorporated its performance targets established pursuant to section #aej of this title and sections #ecjc7;h77#b71 #ecbf7;c7 and #ecbi7;d7 of title #di into its planning process2 7,c7 whether the metropolitan planning organization is a consolidated metropolitan planning organization2 7,d7 if the metropolitan planning organization is not a consolidated metropolitan planning organization1 the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area2 7,e7 the technical capacity of the metropolitan planning organization2 and 7,f7 other criteria established by the ,secretary in guidance4 7#c7 ,review ,a designation under paragraph 7#a7 shall stay in effect for #aj years from the date of designation4 4 7#b7 ,section #ecjc amendment ,section #ecjc of title #di1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 7r7 ,high performing metropolitan planning organizations 7#a7 ,in general ,a metropolitan planning organization that represents an urbanized area with a population of over #bjj1jjj individuals may request a high performing metropolitan planning organization designation from the ,secretary4 7#b7 ,criteria ,in making a high performing metropolitan planning organization designation1 the ,secretary shall consider-- 7,a7 the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking2 7,b7 the extent to which the metropolitan planning organization has incorporated its performance targets established pursuant to section #aej of title #bc1 ,united ,states ,code1 subsection 7h77#b71 and sections #ecbf7;c7 and #ecbi7;d7 of this title into its planning process2 7,c7 whether the metropolitan planning organization is a consolidated metropolitan organization2 7,d7 if the metropolitan planning organization is not a consolidated metropolitan planning organization1 the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area2 7,e7 the technical capacity of the metropolitan planning organization2 and 7,f7 other criteria established by the ,secretary in guidance4 7#c7 ,review ,a designation under paragraph 7#a7 shall stay in effect for #aj years from the date of designation4 4 7c7 ,surface transportation incentive funds ,section #acc7;d77#a7 of title #bc1 ,united ,states ,code is amended to read as follows3 7#a7 ,calculation ,the funds apportioned to a ,state under section #ajd7;b77#b7 shall be obligated as follows3 7,a7 ,suballocated funds #ej percent of the funds for a fiscal year shall be obligated under this section1 in proportion to their relative shares of the population of the ,state-- 7i7 in urbanized areas of the ,state with an urbanized area population over #bjj1jjj2 7ii7 in urban areas of the ,state with a population of #e1jjj to #bjj1jjj2 and 7iii7 in areas of the ,state with a population of fewer than #e1jjj4 7,b7 ,statewide funds #be percent of the funds for a fiscal year may be obligated in any area of the ,state4 7,c7 ,high performing metropolitan planning organizations 7i7 ,in general #be percent of the funds for a fiscal year shall be obligated under this section in urbanized areas under subparagraph 7,a77i7 that are served by high performing metropolitan planning organizations 7as designated by the ,secretary under section #acd7r7 or section #ecjc7r7 of title #di1 ,united ,states ,code74 ,any funds remaining under this clause shall be obligated in any area of the ,state under subparagraph 7,b74 7ii7 ,amount ,the amount to be obligated under clause 7i7 in an urbanized area served by a high performing metropolitan planning organization shall equal #ej percent of the amount to be obligated in that urbanized area under paragraph 7#d7 and is in addition to the amount under such paragraph4 4 7d7 ,transportation alternatives incentive funds ,section #bac7;c77#a7 of such title is amended to read as follows3 7#a7 ,calculation ,the funds reserved to a ,state shall be obligated as follows3 7,a7 ,suballocated funds #ej percent of the funds for a fiscal year shall be obligated under this section to any eligible entity in proportion to its relative share of the population of the ,state-- 7i7 in urbanized areas of the ,state with an urbanized area population over #bjj1jjj2 7ii7 in urban areas of the ,state with a population of #e1jjj to #bjj1jjj2 and 7iii7 in areas of the ,state with a population of fewer than #e1jjj4 7,b7 ,statewide funds #be percent of the funds for a fiscal year may be obligated in any area of the ,state4 7,c7 ,high performing metropolitan planning organizations 7i7 ,in general #be percent of the funds for a fiscal year shall be obligated under this section in urbanized areas under subparagraph 7,a77i7 that are served by high performing metropolitan planning organizations 7as designated by the ,secretary under section #acd7r7 or section #ecjc7r7 of title #di1 ,united ,states ,code74 ,any funds remaining under this clause shall be obligated in any area of the ,state under subparagraph 7,b74 7ii7 ,amount ,the amount to be obligated under clause 7i7 in an urbanized area served by a high performing metropolitan planning organization shall equal #ej percent of the amount to obligated in that urbanized area under paragraph 7#c7 and is in addition to the amount under such paragraph4 4 7e7 ,obligation authority ,section #acc7;f7 of such title is amended-- 7#a7 in paragraph 7#a71 by-- 7,a7 striking ,a ,state and inserting ,except as provided in paragraph 7#b71 a ,state2 and 7,b7 striking fiscal years #bjaa through #bjad and inserting fiscal years #bjae through #bjah2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c7 and inserting after paragraph 7#a7 the following3 7#b7 ,high performing metropolitan planning organizations 7,a7 ,in general ,a ,state that is required to obligate in an urbanized area under subsections 7d77#a77;,a77i7 and 7d77#a77;,c77i7 shall make available to such urbanized area on an annual basis an amount of obligation authority distributed to the ,state for ,federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying-- 7i7 the amount of funds that the ,state is required to obligate in the area under such subsections2 and 7ii7 the ratio specified in paragraph 7#a77;,b74 7,b7 ,availability ,the obligation authority that a ,state makes available to an urbanized area under subparagraph 7,a7 shall remain available for a period of four fiscal years4 2 and 7#c7 in paragraph 7#c71 as redesignated1 by striking paragraph 7#a7 and inserting paragraphs 7#a7 and 7#b74 7f7 ,distribution of metropolitan planning funds ,section #ajd7;d77#b77;,a7 of such title is amended-- 7#a7 in clause 7i71 by striking 2 and and inserting 22 7#b7 by redesignating clause 7ii7 as clause 7iii72 and 7#c7 by inserting after clause 7i7 the following3 7ii7 prioritizes the needs of high performing metropolitan planning organizations 7as designated by the ,secretary under section #acd7r7 or section #ecjc7r7 of title #di1 ,united ,states ,code72 and 4 7g7 ,technical correction ,subsection #acc7;h77#a7 of such title is amended by striking for each of fiscal years #bjac through #bjad and inserting each fiscal year4 #abjc4 ,participation of public port authorities 7a7 ,section #acd amendment ,section #acd7;i77#f77;,a7 of title #bc1 ,united ,states ,code1 is amended by inserting public ports1 before freight shippers4 7b7 ,section #ace amendment ,section #ace7;g77#c7 of title #bc1 ,united ,states ,code1 is amended by inserting public ports1 before freight shippers4 7c7 ,section #ecjc amendment ,section #ecjc7;i77#f77;,a7 of title #di1 ,united ,states ,code1 is amended by inserting public ports1 before freight shippers4 7d7 ,section #ecjd amendment ,section #ecjd7;g77#c7 of title #di1 ,united ,states ,code1 is amended by inserting public ports1 before freight shippers4 #abjd4 ,strengthening the statewide and nonmetropolitan planning process 7a7 ,section #ace amendment ,section #ace of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7f77#e7 by striking may and inserting shall2 7#b7 in subsection 7f77#g7-- 7,a7 by striking should and inserting shall2 and 7,b7 by striking the final 2 and inserting42 7#c7 in subsection 7g77#e77;,f77i7 by striking may and inserting shall2 and 7#d7 by striking subsection 7g77#h7 and inserting the following3 7#h7 ,certification process 7,a7 ,in general ,at least once every #d years the ,secretary shall certify that each ,state has met the requirements of-- 7i7 this section2 and 7ii7 other ,federal laws1 regulations1 and orders applicable to the statewide and nonmetropolitan and the metropolitan planning processes4 7,b7 ,failure to meet certification ,if a ,state does not meet such certification1 the ,secretary may withhold up to #bj percent of the funds attributable to such ,state for projects funded under this title and chapter #ec of title #di4 7,c7 ,restoration of funds ,the withheld funds shall be restored to the ,state at such time as the ,state process is certified by the ,secretary4 7,d7 ,public involvement ,in making the certification determinations under this paragraph1 the ,secretary shall provide for public involvement appropriate to the ,state under review4 4 7b7 ,section #ecjd amendment ,section #ecjd of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7f77#e7 by striking may and inserting shall2 7#b7 in subsection 7f77#g7 by striking should and inserting shall2 7#c7 in subsection 7g77#e77;,f77i7 by striking may and inserting shall2 and 7#d7 by striking subsection 7g77#h7 and inserting the following3 7#h7 ,certification process 7,a7 ,in general ,at least once every #d years the ,secretary shall certify that each ,state has met the requirements of-- 7i7 this section2 and 7ii7 other ,federal laws1 regulations1 and orders applicable to the statewide and nonmetropolitan and the metropolitan planning processes4 7,b7 ,failure to meet certification ,if a ,state does not meet such certification1 the ,secretary may withhold up to #bj percent of the funds attributable to such ,state for projects funded under this title and chapter #ec of title #di4 7,c7 ,restoration of funds ,the withheld funds shall be restored to the ,state at such time as the ,state process is certified by the ,secretary4 7,d7 ,public involvement ,in making the certification determinations under this paragraph1 the ,secretary shall provide for public involvement appropriate to the ,state under review4 4 #abje4 ,removal of the congestion management process 7a7 ,section #acd amendment ,section #acd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7k77#c7 and redesignating subsections 7k77#d7 and 7k77#e7 as subsections 7k77#c7 and 7k77#d71 respectively2 and 7#b7 by striking subsection 7n7 and redesignating subsections 7o7 through 7q7 as subsections 7n7 through 7p71 respectively4 7b7 ,section #ace amendment ,section #ace of title #bc1 ,united ,states ,code1 is amended by striking subsection 7j7 and redesignating subsections 7k7 through 7m7 as subsections 7j7 through 7l71 respectively4 7c7 ,section #ecjc amendment ,section #ecjc of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7k77#c7 and redesignating subsections 7k77#d7 and 7k77#e7 as subsections 7k77#c7 and 7k77#d71 respectively2 and 7#b7 by striking subsection 7n7 and redesignating subsections 7o7 through 7q7 as subsections 7n7 through 7p71 respectively4 7d7 ,section #ecjd amendment ,section #ecjd of title #di1 ,united ,states ,code1 is amended by striking subsection 7i7 and redesignating subsections 7j7 through 7l7 as subsections 7i7 through 7k71 respectively4 #abjf4 ,public involvement in plan development 7a7 ,section #acd amendment ,section #acd7;i7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by inserting after subparagraph 7,c7 the following3 7,d7 ,public involvement ,metropolitan planning organizations shall offer interested parties1 such as those described in paragraph 7#f71 a reasonable opportunity to participate in the development and consideration of scenarios4 2 and 7#b7 in paragraph 7#f71 by striking comment on the transportation plan and inserting provide input during the development and implementation of the transportation plan4 7b7 ,section #ace amendment ,section #ace7;f77#c77;,a77ii7 of title #bc1 ,united ,states ,code1 is amended by striking comment on the transportation plan2 and inserting provide input during the development of the transportation plan4 7c7 ,section #ecjc amendment ,section #ecjc7;i7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by inserting after subparagraph 7,c7 the following3 7,d7 ,public involvement ,metropolitan planning organizations shall offer interested parties1 such as those described in paragraph 7#f71 a reasonable opportunity to participate in the development and consideration of scenarios4 2 and 7#b7 in paragraph 7#f71 by striking comment on the transportation plan and inserting provide input during the development and implementation of the transportation plan4 7d7 ,section #ecjd amendment ,section #ecjd7;f77#c77;,a77ii7 of title #di1 ,united ,states ,code1 is amended by striking comment on the proposed plan2 and inserting provide input during the development of the transportation plan4 #abjg4 ,connection to opportunities national goal and potential performance measure 7a7 ,transportation connections to opportunities ,section #aej7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking highway infrastructure asset system and inserting infrastructure asset system under title #bc2 and 7#b7 by adding at the end the following3 7#h7 ,multimodal connectivity ,to achieve an interconnected transportation system which connects people to jobs1 schools1 and other essential services through a multimodal network4 4 7b7 ,establishment of performance measures ,section #aej7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting as listed in paragraphs 7#c71 7#d71 7#e7 and 7#f7 before the period at the end2 and 7#b7 by adding the following at the end3 7#g7 ,multimodal freight ,the ,secretary may1 in accordance with the ,national ,freight ,strategic ,plan1 establish ,performance ,measures to assess the efficiency of the multimodal freight network4 7#h7 ,transportation connectivity ,the ,secretary may1 in accordance with the framework established in section #acd of this title 7,measuring ,transportation ,connections to ,opportunity71 establish a ,performance ,measure to be used by ,m,p,os to assess the degree to which the transportation system provides multimodal connections to economic opportunities1 particularly for disadvantaged populations4 4 #abjh4 ,workforce development ,section #adj7;b7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7b7 ,workforce training and development 7#a7 ,in general ,the ,secretary1 in cooperation with the ,secretary of ,labor and any other department or agency of the ,government1 ,state agency1 authority1 association1 institution1 ,indian tribal government1 corporation 7profit or nonprofit71 or any other organization or person1 is authorized to develop1 conduct1 and administer surface transportation and technology training1 including skill improvement programs1 and to develop and fund summer transportation institutes4 7#b7 ,state dot responsibilities ,a ,state department of transportation participating in the program shall-- 7,a7 develop a workforce plan that identifies immediate and anticipated workforce gaps and underrepresentation of women and minorities1 and a detailed plan to fill gaps and address such underrepresentation2 7,b7 establish a workforce development compact with the ,state workforce investment board and appropriate agencies to provide a coordinated approach to workforce training1 job placement1 and identification of training and skill development program needs1 which shall be coordinated to the extent practical with an institution or agency1 such as a ,state workforce investment board under #bi ,u4,s4,c4 #bhba1 that has established skills training1 recruitment1 and placement resources2 and 7,c7 demonstrate program outcomes1 including-- 7i7 impact on areas with transportation workforce shortages2 7ii7 diversity of training participants2 7iii7 number and percentage of participants obtaining certifications or credentials required for specific types of employment2 7iv7 employment outcome1 including job placement and job retention rates and earnings1 using performance metrics established in consultation with the ,secretary of ,labor and consistent with metrics used by programs under the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq472 and 7v7 to the extent practical1 evidence that the program did not preclude workers that participate in training or registered apprenticeship activities under the program from being referred to1 or hired on1 projects funded under this chapter4 7#c7 ,funding ,funds authorized for the program under paragraph 7#a7 of this subsection shall remain available until expended4 7#d7 ,nonapplicability of title #da ,the provisions of sections #faja7;b7 through 7d7 of title #da shall not be applicable to contracts and agreements made under the authority granted under this subsection to the ,secretary4 7#e7 ,use of surface transportation and national highway performance program funds ,notwithstanding any other provision of law1 not to exceed of #a percent of funds apportioned to a ,state under section #ajd7;b7 7#a7 or 7#b7 may be available to carry out this subsection upon request of the ,state transportation department to the ,secretary4 7#f7 ,job-driven skills training incentive 7,a7 ,in general ,in a fiscal year1 the ,secretary shall provide incentive funding to ,states for transportation workforce development1 including transportation technology and skills training1 registered apprenticeship and other work-based training opportunities1 and skill improvement programs leading to credential attainment1 employment1 and career pathways for disadvantaged populations4 7,b7 ,eligibility 7i7 ,leveraging existing funds ,if a ,state agrees to obligate in a fiscal year funds apportioned to the ,state under section #ajd7;b7 7#a7 or 7#b7 for the purposes authorized in paragraph 7#a71 the ,secretary may provide up to twice the amount the ,state has agreed to obligate for such purposes4 7ii7 ,demonstrating success in skills training1 recruitment1 and job placement ,the ,secretary may provide incentive funding to up to #bj ,states that demonstrate that their program under paragraph 7#b7-- 7,i7 operates in partnership with an institution or agency1 such as a ,state workforce investment board under #bi ,u4,s4,c4 #bhba1 that has established skills training1 recruitment1 and placement resources2 and 7,,ii7 successfully places individuals in permanent jobs1 as measured by a job placement1 retention1 and earnings metrics established by the ,secretary2 and 7,,iii7 establishes recruitment strategies that result in positive employment outcomes for minorities1 women1 and disadvantaged individuals4 7,c7 ,grants 7i7 ,in general ,a ,state may provide incentive funds received under this paragraph to an institution or agency1 such as a ,state workforce investment board under #bi ,u4,s4,c4 #bhba1 that has established skills training1 recruitment1 and placement resources for use consistent with subparagraph 7,a74 7ii7 ,compliance ,a ,state that provides funds to an entity under clause 7i7 shall establish measures to verify that recipients of such funds comply with the requirements of this subsection4 7,d7 ,federal share ,the ,federal share for incentive funding under this paragraph may be up to #ajj percent4 4 #abji4 ,measuring transportation connectivity pilot activities 7a7 ,title #bc ,section #acd of title #bc1 ,united ,states ,code1 as amended by this ,act1 is further amended by inserting after subsection 7p71 as redesignated1 the following3 7q7 ,measuring transportation connections to opportunity 7#a7 ,connection to opportunity pilot program 7,a7 ,establishment ,the ,secretary shall establish a pilot program in which up to ten metropolitan planning organizations shall develop and deploy one or more pilot measures and targets to improve multimodal connectivity and increase connections for disadvantaged ,americans and neighborhoods with limited transportation options4 7,b7 ,pilot locations ,the ,secretary shall select up to ten metropolitan planning organizations in up to ten locations1 each of which is the sole metropolitan planning organization serving an urbanized area of more than #a million residents1 which shall include-- 7i7 metropolitan planning organizations that can demonstrate previous successful use of performance measurements and performance-based planning efforts1 which the ,secretary shall designate as mentor grantees2 and 7ii7 metropolitan planning organizations that have limited or no successful previous experience in performance measurements and performance-based planning efforts1 which the ,secretary shall designate as novice grantees4 7,c7 ,pilot program activities 7i7 ,transportation connectivity inventory ,within #f months of selection as a pilot location1 and in consultation with appropriate ,states1 transit agencies1 and local governments1 metropolitan planning organizations in pilot locations shall develop an inventory of transportation assets within the urbanized planning area they represent1 which will describe-- 7,i7 the condition of key highway1 transit1 bicycle1 and pedestrian facilities2 7,,ii7 the degree to which these facilities provide residents with connections to economic opportunities1 including but not restricted to job centers and schools2 7,,iii7 the identity and location of disadvantaged populations within the planning area2 and 7,,iv7 local challenges to multimodal connectivity1 such as zoning or land use issues1 availability of affordable housing1 and physical barriers that obstruct access from residential areas to economic opportunities4 7ii7 ,performance indicators ,within one year of selection1 metropolitan planning organizations in pilot locations shall apply the baseline data developed in the ,transportation ,connectivity ,inventory to adopt one or more provisional indicators to measure multimodal connectivity improvements in the transportation system1 including measurements of multimodal connectivity improvements available to populations identified in clause 7i77,,iii71 and appropriate to local assets and needs4 7iii7 ,data collection and reporting ,metropolitan planning organizations in pilot locations shall collect and report baseline and annual performance data on multimodal transportation connectivity to opportunity1 and shall report that data to the ,secretary for the duration of the pilot project4 7iv7 ,knowledge-sharing ,metropolitan planning organizations designated as mentor grantees shall engage in knowledge-sharing activities with novice grantees to the extent feasible1 which may include peer exchanges and technical assistance1 as appropriate to their existing level of performance measurement capacity4 7v7 ,project implementation ,notwithstanding section #abj of this title1 a metropolitan planning organization may use funds remaining after the completion of the ,transportation ,connectivity ,inventory1 provisional measure1 and related tracking activities for the non-,federal share to implement projects within the metropolitan planning area that are reasonably anticipated to address system gaps and improve performance according to the locally-adopted provisional multimodal transportation connectivity measures4 7#b7 ,national performance measure development activities ,the ,secretary shall reserve up to a cumulative a maximum of #i1jjj1jjj of the amount authorized for this subsection over the period of fiscal years #bjae through #bjah for use on evaluation of multimodal connectivity measures developed by metropolitan planning organizations in pilot locations1 and to consider development of a national indicator to measure the multimodal connections to opportunities provided by the transportation network1 including the following activities3 7,a7 ,national technical assistance and peer exchange forums ,the ,secretary shall support the measure development and data collection of metropolitan planning organizations in pilot locations through technical assistance and peer exchanges1 and through workshops with ,states1 transit agencies1 and ,m,p,os to discuss ,pilot ,program findings1 and shall establish an online collaboration center for local jurisdictions to share ideas and challenges1 and document lessons learned4 7,b7 ,connection to opportunity final report ,at the end of the ,connection to ,opportunity ,pilot ,program1 the ,department shall produce in consultation with the ,secretary of the ,department of ,housing and ,urban ,development1 the ,secretary of the ,department of ,commerce and the ,administrator of the ,environmental ,protection ,agency1 and seek public comment on a final report that documents the outcomes of the ,connection to ,opportunity ,pilot ,program4 ,the report shall provide recommendations on the establishment of one or more national multimodal connectivity measures1 and shall include-- 7i7 results of the pilot locations' efforts to measure and improve multimodal connectivity2 7ii7 the ,secretary's recommendations for one or more national connectivity measures and integrating them into the ,federal transportation performance management framework1 in accordance with section #aej of this title2 and 7iii7 an assessment of social outcomes and impact that may result from the pilot measures as well as estimated savings to ,federal1 ,state and local social service subsidy programs1 as well as other costs avoided and new tax revenues attributable to increased connectivity4 7,c7 ,potential rulemaking ,following publication of the ,connection to ,opportunity ,final ,report1 the ,secretary1 in consultation with ,state ,departments of ,transportation1 metropolitan planning organizations1 and other stakeholders1 may promulgate a rulemaking that establishes performance measures and standards as described in section #aej7;c77#h74 4 7b7 ,chapter #ec ,section #ecjc of title #di1 ,united ,states ,code1 as amended by this ,act1 is further amended by inserting after subsection 7p71 as redesignated1 the following3 7q7 ,measuring transportation connections to opportunity 7#a7 ,connection to opportunity pilot program 7,a7 ,establishment ,the ,secretary shall establish a pilot program in which up to ten metropolitan planning organizations shall develop and deploy one or more pilot measures and targets to improve multimodal connectivity and increase connections for disadvantaged ,americans and neighborhoods with limited transportation options4 7,b7 ,pilot locations ,the ,secretary shall select up to ten metropolitan planning organizations1 each of which is the sole metropolitan planning organization serving an urbanized area of more than #a million residents1 which shall include-- 7i7 metropolitan planning organizations that can demonstrate previous successful use of performance measurements and performance-based planning efforts1 which the ,secretary shall designate as mentor grantees2 and 7ii7 metropolitan planning organizations that have limited or no successful previous experience in performance measurements and performance-based planning efforts1 which the ,secretary shall designate as novice grantees4 7,c7 ,pilot program activities 7i7 ,transportation connectivity inventory ,within #f months of selection as a pilot location1 and in consultation with appropriate ,states1 transit agencies1 and local governments1 metropolitan planning organizations in pilot locations shall develop an inventory of transportation assets within the urbanized planning area they represent1 which will describe-- 7,i7 the condition of key highway1 transit1 bicycle1 and pedestrian facilities2 7,,ii7 the degree to which these facilities provide residents with connections to economic opportunities1 including but not restricted to job centers and schools2 7,,iii7 the identity and location of disadvantaged populations within the planning area2 and 7,,iv7 local challenges to multimodal connectivity1 such as zoning or land use issues1 availability of affordable housing1 and physical barriers that obstruct access from residential areas to economic opportunities4 7ii7 ,performance indicators ,within one year of selection1 metropolitan planning organizations in pilot locations shall apply the baseline data developed in the ,transportation ,connectivity ,inventory to adopt one or more provisional indicators to measure multimodal connectivity improvements in the transportation system1 including measurements of multimodal connectivity improvements available to populations identified in clause 7i77,,iii71 and appropriate to local assets and needs4 7iii7 ,data collection and reporting ,metropolitan planning organizations in pilot locations shall collect and report baseline and annual performance data on multimodal transportation connectivity to opportunity1 and shall report that data to the ,secretary for the duration of the pilot project4 7iv7 ,knowledge-sharing ,metropolitan planning organizations designated as mentor grantees shall engage in knowledge-sharing activities with novice grantees to the extent feasible1 which may include peer exchanges and technical assistance1 as appropriate to their existing level of performance measurement capacity4 7v7 ,project implementation ,notwithstanding section #abj of this title1 a metropolitan planning organization may use funds remaining after the completion of the ,transportation ,connectivity ,inventory1 provisional measure1 and related tracking activities for the non-,federal share to implement projects within the metropolitan planning area that are reasonably anticipated to address system gaps and improve performance according to the locally-adopted provisional multimodal transportation connectivity measures4 7#b7 ,national performance measure development activities ,the ,secretary shall reserve up to a cumulative #i1jjj1jjj of the amount authorized for this subsection over the period of fiscal years #bjae through #bjah for use on evaluation of multimodal connectivity measures developed by metropolitan planning organizations in pilot locations1 and to consider development of a national indicator to measure the multimodal connections to opportunities provided by the transportation network1 including the following activities3 7,a7 ,national technical assistance and peer exchange forums ,the ,secretary shall support the measure development and data collection of metropolitan planning organizations in pilot locations through technical assistance and peer exchanges1 and through workshops with ,states1 transit agencies1 and ,m,p,os to discuss ,pilot ,program findings1 and shall establish an online collaboration center for local jurisdictions to share ideas and challenges1 and document lessons learned4 7,b7 ,connection to opportunity final report ,at the end of the ,connection to ,opportunity ,pilot ,program1 the ,department shall produce and seek public comment on a final report that documents the outcomes of the ,connection to ,opportunity ,pilot ,program4 ,the report shall provide recommendations on the establishment of one or more national multimodal connectivity measures1 and shall include-- 7i7 results of the pilot locations' efforts to measure and improve multimodal connectivity2 7ii7 the ,secretary's recommendations for one or more national connectivity measures and integrating them into the ,federal transportation performance management framework in accordance with section #aej of this title2 and 7iii7 an assessment of social outcomes and impact that may result from the pilot measures as well as estimated savings to ,federal1 ,state and local social service subsidy programs1 as well as other costs avoided and new tax revenues attributable to increased connectivity4 7,c7 ,potential rulemaking ,within two years of the publication of the ,connection to ,opportunity ,final ,report1 the ,secretary1 in consultation with ,state ,departments of ,transportation1 metropolitan planning organizations1 and other stakeholders1 may promulgate a rulemaking that establishes performance measures and standards4 4 #abaj4 ,performance-based project selection 7a7 ,section #acd amendment ,section #acd7;j77#b77;,d7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7,d7 ,performance target achievement ,in adding projects to a transportation improvement program1 a metropolitan planning organization shall create a process to evaluate and select each project or collection of projects based on the project's 7or collection of projects7 inclusion of elements that are known to support1 or will foreseeably support outcomes that will achieve the performance targets established in the metropolitan transportation plan by the metropolitan planning organization in accordance with subsection 7h77#b77;,b74 4 7b7 ,section #ace amendment ,section #ace7;g77#d7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#d7 ,performance target achievement ,in adding projects to a ,state transportation improvement program1 a ,state shall create a process to evaluate and select each project or collection of projects based on the project's 7or collection of projects7 inclusion of elements that are known to support1 or will foreseeably support1 outcomes that will achieve the performance targets established in the long-range statewide transportation plan in accordance with subsection 7f77#g77;,a74 4 7c7 ,section #ecjc amendment ,section #ecjc7;j77#b77;,d7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7,d7 ,performance target achievement ,in adding projects to a transportation improvement program1 a metropolitan planning organization shall create a process to evaluate and select each project or collection of projects based on the project's 7or collection of projects7 inclusion of elements that are known to support1 or will foreseeably support outcomes that will achieve the performance targets established in the metropolitan transportation plan by the metropolitan planning organization in accordance with section #acd7;h77#b77;,b7 of title #bc4 4 7d7 ,section #ecjd amendment ,section #ecjd7;g77#d7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#d7 ,performance target achievement ,in adding projects to a ,state transportation improvement program1 a ,state shall create a process to evaluate and select each project or collection of projects based on the project's 7or collection of projects7 inclusion of elements that are known to support1 or will foreseeably support1 outcomes that will achieve the performance targets established in the long-range statewide transportation plan in accordance with section #ace7;f77#g77;,a7 of title #bc4 4 #abaa4 ,stormwater planning 7a7 ,section #acd amendment ,section #acd7;h77#a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,g71 by striking 2 and and inserting 22 7#b7 in subparagraph 7,h71 by striking the final period and inserting 2 and2 and 7#c7 by inserting the following at the end3 7,i7 improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation4 4 7b7 ,section #ace amendment ,section #ace7;d77#a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,g71 by striking 2 and and inserting 22 7#b7 in subparagraph 7,h71 by striking the final period and inserting 2 and2 and 7#c7 by inserting the following at the end3 7,i7 improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation4 4 7c7 ,section #ecjc amendment ,section #ecjc7;h77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,g71 by striking 2 and and inserting 22 7#b7 in subparagraph 7,h71 by striking the final period and inserting 2 and2 and 7#c7 by inserting the following at the end3 7,i7 improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation4 4 7d7 ,section #ecjd amendment ,section #ecjd7;d77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,g71 by striking 2 and and inserting 22 7#b7 in subparagraph 7,h71 by striking the final period and inserting 2 and2 and 7#c7 by inserting the following at the end3 7,i7 improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation4 4 ,d ,congestion ,mitigation and ,air ,quality ,improvement #acja4 ,eligible projects ,section #adi7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,a77i77,i71 by inserting in the designated nonattainment area after standard2 7#b7 in paragraph 7#c71 by inserting or maintenance after attainment12 7#c7 in paragraph 7#d71 by striking is likely to contribute to the attainment of a national ambient air quality standard and inserting is likely to contribute to the area's attainment or maintenance of a national ambient air quality standard2 and 7#d7 in paragraph 7#e71 by inserting reduces air pollution and after if the program or project4 #acjb4 ,special rules 7a7 ,transferability of ,,cmaq funds ,section #abf7;a7 of title #bc1 ,united ,states ,code1 is amended by inserting 7or1 for an apportionment under section #ajd7;b77#d71 #be percent of the amount apportioned for the fiscal year7 after for the fiscal year4 7b7 ,,pm-#aj nonattainment and maintenance areas ,section #adi7;c77#a7 of title #bc1 ,united ,states ,code1 is amended by striking for ozone or carbon monoxide1 or both1 and for ,,pm-#aj resulting from transportation activities1 without regard to any limitation of the ,department of ,transportation relating to the type of ambient air quality standard such project or program addresses and inserting or maintenance for ,,pm-#aj resulting from transportation activities4 #acjc4 ,priority consideration ,section #adi7;g77#c7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#c7 ,priority consideration ,states and metropolitan planning organizations shall give priority-- 7,a7 in areas designated as nonattainment or maintenance for ,,pm-#b4e under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section #ajd7;b77#d7 to projects and programs that are likely to reduce emissions or precursor emissions of ,,pm-#b4e1 including diesel retrofits2 and 7,b7 in areas designated as nonattainment or maintenance for ozone under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section #ajd7;b77#d7 to projects and programs that are likely to reduce precursor emissions of ozone4 4 #acjd4 ,evaluation and assessment of projects ,section #adi7;i77#a77;,a7 of title #bc1 ,united ,states ,code1 is amended by inserting that would contribute to attainment or maintenance of a national ambient air quality standard before the period at the end4 #acje4 ,electric vehicle charging stations and commercial motor vehicle anti-idling facilities in rest areas 7a7 ,in general ,section #aaa of title #bc1 ,united ,states ,code1 is amended by inserting at the end the following3 7f7 ,electric vehicle charging stations and commercial motor vehicle anti-,idling facilities in rest areas 7#a7 ,in general ,notwithstanding subsection 7a71 a ,state may-- 7,a7 permit electric vehicle charging stations and commercial motor vehicle anti-idling facilities in a rest area along a highway on the ,interstate ,system in the ,state1 if such stations or facilities will not impair the highway or interfere with the free and safe flow of traffic thereon2 and 7,b7 charge a fee1 or permit the charging of a fee1 for the use of such stations or facilities4 7#b7 ,limitation on use of revenues ,notwithstanding subsection 7b77#d71 a ,state shall use any revenues received from fees collected under paragraph 7#a7 for projects eligible under this title4 4 7b7 ,conforming amendments 7#a7 ,congestion mitigation and air quality improvement program ,section #adi7;c77#b7 of title #bc1 ,united ,states ,code1 is amended by striking except that such stations may not be established or supported where commercial establishments serving motor vehicle users are prohibited by section #aaa of title #bc1 ,united ,states ,code4 7#b7 ,jason's law ,section #adja7;d7 of the ,moving ,ahead for ,progress in the #bast ,century ,act1 7#bc ,u4,s4,c4 #acg note7 is amended-- 7,a7 in paragraph 7#a7 by striking ,except as provided in paragraph 7#b71 a and inserting ,a2 7,b7 by striking paragraph 7#b72 and 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b74 ,e ,innovative ,finance and ,tolling #adja4 #bast century infrastructure investments 7a7 ,in general ,title #di1 ,united ,states ,code1 is amended by inserting the following after chapter #ee3 ,,do #ef #bast ,century ,infrastructure ,investments #efja4 ,,tiger infrastructure investment grants 7a7 ,establishment ,there is established in the ,department a discretionary grant program1 to be known as the ,,tiger ,infrastructure ,grant ,program and to be administered by the ,secretary4 7b7 ,purpose ,funds authorized under this section shall be available for discretionary grants to be provided on a competitive basis for projects that will have a significant impact on the ,nation1 a metropolitan area1 or a region4 7c7 ,eligible ,applicants ,applicants eligible for funding under this section include ,state1 local1 and ,tribal governments1 including ,u4,s4 territories1 transit agencies1 port authorities1 metropolitan planning organizations1 other political subdivisions of ,state or local governments1 and multi-,state or multi-jurisdictional groups applying through a single lead applicant4 7d7 ,eligible projects ,projects eligible for funding under this section include the following3 7#a7 ,highway or bridge projects eligible under title #bc1 ,united ,states ,code 7including bicycle and pedestrian related projects74 7#b7 ,public transportation projects eligible under chapter #ec of title #di1 ,united ,states ,code4 7#c7 ,passenger and freight rail transportation projects4 7#d7 ,port infrastructure investments4 7#e7 ,intermodal projects4 7#f7 ,activities related to-- 7,a7 the planning1 preparation1 or design of a single surface transportation project2 or 7,b7 regional transportation investment planning1 including transportation planning that is coordinated with interdisciplinary factors including housing development1 economic competitiveness1 network connectivity1 stormwater and other infrastructure investments1 or that addresses future risks and vulnerabilities1 including extreme weather and climate change4 7e7 ,geographic distribution 7#a7 ,equitable distribution ,in awarding funds under this section1 the ,secretary shall take measures to ensure an equitable geographic distribution of funds and an appropriate balance in addressing the needs of urban and rural communities and the investment in a variety of transportation modes4 7#b7 ,rural projects ,not less than #bj percent of the funds provided under this section shall be for projects located in rural areas4 ,for the purposes of the ,,tiger program1 rural areas are those outside of an urbanized area as defined by the ,u4,s4 ,census ,bureau4 7#c7 ,limitation by state ,not more than #be percent of the funds provided under this section may be awarded to projects in a single ,state4 7f7 ,grant program criteria1 solicitation and award ,in administering the grant program under this section1 the ,secretary shall1 within #ij days of the enactment of this section1 publish grant program criteria on which to base the competition for any grants awarded under this section4 7g7 ,planning grants ,the ,secretary may use up to #aj percent of the funds authorized under this section to fund the activities specified in subsection 7d77#f74 7h7 ,federal share 7#a7 ,in general ,the ,federal share of the costs for which an expenditure is made under this section shall be up to #hj percent4 7#b7 ,rural areas ,the ,secretary may provide a ,federal share of up to #ajj percent for a project in a rural area4 7#c7 ,priority ,in establishing grant program criteria pursuant to subsection 7g71 the ,secretary shall include priority for projects that request a smaller ,federal share4 7i7 ,davis-,bacon requirement ,projects conducted using funds provided under this section shall comply with the requirements of the ,davis-,bacon ,act1 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7j7 ,administrative expenses 7#a7 ,in general ,the ,secretary may use up to #a4e percent of the funds authorized under this section to administer-- 7,a7 the grant program authorized under this section2 7,b7 the ,supplemental ,discretionary ,grants for a ,national ,surface ,transportation ,system provided for in ,public ,law #aaa-e2 and 7,c7 the ,national ,infrastructure ,investments provided for in ,public ,laws #aaa-aag1 #aab-aj1 and #aac-f4 7#b7 ,availability ,the funds made available under paragraph 7#a7 shall remain available until expended4 7k7 ,,tifia subsidy and administrative costs ,the ,secretary may use up to #aj percent of the funds authorized under this section to pay the subsidy and administrative costs of projects eligible for ,federal credit assistance under chapter #f of title #bc1 ,united ,states ,code1 if the ,secretary finds that the use of the funds would advance the purposes of this section4 7l7 ,transfer authority ,funds authorized under this section may be transferred within the ,department and administered in accordance with the requirements of title #bc or #di of the ,united ,states ,code applicable to the agency to which the funds are transferred and any other requirements applicable to the project4 7m7 ,interagency coordination and cooperation 7#a7 ,in general ,the ,secretary shall coordinate and cooperate with other ,federal agencies in carrying out the grant program authorized under this section if the ,secretary finds that such coordination and cooperation would advance the purposes of this section4 7#b7 ,interagency authority ,the ,secretary may accept and provide services from other ,federal agencies with or without reimbursement in order to further the purposes of this section4 7#c7 ,interagency delegation of authority ,the ,secretary may delegate the authority to issue or administer grants pursuant to this section to other ,federal agencies in the interest of administrative or programmatic efficiency if the ,secretary finds that such delegation would advance the purposes of this section4 7n7 ,authorizations 7#a7 ,in general ,there is authorized to be appropriated from the ,multimodal ,account of the ,transportation ,trust ,fund to carry out this section-- 7,a7 #a1bej1jjj1jjj for fiscal year #bjae2 7,b7 #a1bej1jjj1jjj for fiscal year #bjaf2 7,c7 #a1bej1jjj1jjj for fiscal year #bjag2 and 7,d7 #a1bej1jjj1jjj for fiscal year #bjah4 7#b7 ,availability ,funds authorized under this subsection-- 7,a7 shall be available for obligation on ,october #a of the fiscal year for which they are authorized2 and 7,b7 except as specified in subsection 7j71 shall remain available for obligation for a period of #b years after the year for which they are authorized4 #efjb4 ,fixing and accelerating surface transportation grants 7a7 ,establishment ,there is established in the ,department a discretionary grant program1 to be known as the ,,fast ,grant ,program and to be administered by the ,secretary4 ,the program shall be a competitive program and designed to reform the way transportation investments and decisions are made1 implemented1 and funded to achieve ,national transportation outcomes1 by promoting the implementation of policies and procedures that generate long-term1 institutionalized changes1 and support performance-based management of the transportation system to improve transportation outcomes4 7b7 ,best practices ,evaluations of applications for funding under this section shall be based in part on the extent to which the applicant has adopted or implemented best practices1 including-- 7#a7 commitment to sustainable and innovative non-,federal sources of transportation funding1 including value capture and authority for local governments to raise funding for transportation1 that provide flexibility to make investments across all modes of transportation and convey the full social cost of travel decisions to users2 7#b7 development and incorporation of analytical tools in the investment decisionmaking process1 including benefit cost analysis2 other economic analyses2 watershed-driven web-based geographic information systems2 and use of innovations in design1 procurement and purchasing to improve project delivery and efficiency and reduce costs2 7#c7 use of operating practices and deployment of technologies that increase the efficient use of transportation system capacity and reduce the need to invest in new highway capacity2 7#d7 adoption of laws1 rules and regulations1 and commitment of resources toward practices that have been demonstrated to reduce transportation-related fatalities and injuries2 7#e7 integration of transportation planning and investment decisions with other land-use and economic development decisions1 including water infrastructure and broadband deployment1 to improve connectivity and accessibility and to focus transportation investments near existing infrastructure2 7#f7 adoption of laws1 regulations1 and practices that have been demonstrated to reduce energy use1 improve air and water quality1 reduce or mitigate stormwater impacts1 promote long-term management of stormwater from surface transportation assets1 reduce greenhouse gas emissions1 improve community adaptability and resilience1 enhance community health and quality of life1 and expand transportation choices2 and 7#g7 improvements to regional governance that increase metropolitan planning organization capacity and strengthens local and stakeholder input1 particularly traditionally underrepresented populations1 into project selection4 7c7 ,eligible ,applicants ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,u4,s4 territories 7as defined in section #afe7;c7 of title #bc1 ,united ,states ,code71 ,tribal governments1 and metropolitan planning organizations are eligible applicants for funding under this section1 provided that-- 7#a7 ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,u4,s4 territories1 and ,tribal applicants demonstrate meaningful participation of metropolitan planning organizations1 local governments1 or transit agencies within the applicant's jurisdiction in the development of the application2 7#b7 metropolitan planning organizations include1 as partners in their applications1 the ,state 7or the ,district of ,columbia1 as appropriate71 local governments1 or transit agencies required to carry out the best practices relied on in their application2 and 7#c7 the applicant has experience in successfully and independently administering ,federal-aid highway or transit programs or projects4 7d7 ,list of projects ,applicants shall submit a program of transportation projects that are related to the best practices identified in subsection 7b7 to demonstrate how funds1 if awarded under this section1 will be spent4 ,the list of projects shall-- 7#a7 with regard to ,state applications1 be developed with1 and include priorities of1 metropolitan planning organizations within the applicant's jurisdiction as identified in the metropolitan planning organization ,transportation ,improvement ,programs2 7#b7 demonstrate strong return on investment and competitive value for taxpayer money by means of a benefit-cost analysis and consideration of alternatives2 and 7#c7 further the best practices and reform initiatives identified under subsection 7b7 and relied upon in the application4 7e7 ,award of funds ,the ,federal ,highway ,administrator and ,federal ,transit ,administrator shall-- 7#a7 competitively award funds under this section in one fiscal year or over multiple fiscal years2 7#b7 withhold a reasonable amount of funds under this section for administration of the program1 but not to exceed #be1jjj1jjj per year2 7#c7 devise a methodology for the size of awards under this program based on an applicant's share of the ,federal transportation allocated or formula funding1 subject to the provision in paragraph 7#d72 7#d7 make awards of no less than #ej1jjj1jjj1 except that this paragraph shall not apply to awards made to a ,tribal government or a ,u4,s4 territory2 and 7#e7 in awarding funds under this section 7other than under subsection 7j771 ensure an appropriate balance in addressing the needs of urban and rural communities4 7f7 ,eligible activities ,funds provided under this program shall be used for capital or planning expenses for-- 7#a7 highway or bridge projects eligible for funding under title #bc1 ,united ,states ,code 7including bicycle and pedestrian-related projects72 7#b7 public transportation projects eligible for funding under chapter #ec of title #di1 ,united ,states ,code2 7#c7 passenger and freight rail transportation projects2 7#d7 maritime port infrastructure investments eligible for funding under chapter #ejc of title #df2 7#e7 domestic short sea shipping projects eligible for funding under chapter #eef of title #df2 and 7#f7 intermodal projects combining any of the above4 7g7 ,criteria for grant selection ,in awarding a grant under this subsection1 the ,secretary shall consider the extent to which the application-- 7#a7 demonstrates the greatest performance as well as applicants that have made the greatest progress in implementing the best practices listed in subsection 7b72 7#b7 promotes ,national transportation priorities1 including-- 7,a7 reducing transportation fatalities and serious injuries2 7,b7 strengthening economic competitiveness1 including multimodal goods movement and coordination of transportation and economic development investments2 7,c7 improving the state of repair of the transportation system and enhancing community adaptability and resilience2 7,d7 enhancing community health and improving quality of life by increasing access to active transportation infrastructure1 jobs and essential services1 particularly for under-served populations2 7,e7 improving asset performance by reducing congestion through demand management strategies1 particularly strategies that curb demand for single occupancy vehicle travel2 7,f7 improving the efficiency of project development and system performance and reducing the cost of projects and maintenance of the transportation system2 and 7,g7 adoption of laws1 regulations1 and practices that have been demonstrated to reduce energy use1 improve air and water quality1 reduce or mitigate stormwater impacts1 promote long-term management of stormwater from surface transportation assets1 reduce greenhouse gas emissions1 improve community adaptability and resilience1 encourage groundwater recharge1 enhance community health and quality of life1 and expand transportation choices2 and 7#c7 meets other criteria the ,secretary requires4 7h7 ,funding 7#a7 ,authorized funding ,there is authorized to be appropriated for each of fiscal years #bjae through #bjah to carry out this section-- 7,a7 #ejj1jjj1jjj from the ,highway ,account of the ,transportation ,trust ,fund2 and 7,b7 #ejj1jjj1jjj from the ,mass ,transit ,account of the ,transportation ,trust ,fund4 7#b7 ,obligation 7,a7 ,in general ,the funds authorized by paragraph 7#a7 shall be-- 7i7 available for obligation on ,october #a of the fiscal year for which they are authorized2 7ii7 available for obligation for a period of #c years after the last day of the fiscal year for which the funds are authorized2 and 7iii7 subject to the limitation on obligations under subparagraph 7,b74 7,b7 ,obligation limitation ,notwithstanding any other provision of law1 in each of fiscal years #bjae through #bjah1 obligations for the program under this section shall not exceed-- 7i7 #a1jjj1jjj1jjjj2 plus 7ii7 any amount remaining available for obligation under the program from prior fiscal years4 7#c7 ,federal share ,the ,federal share for projects funded under this section may be up to #ajj percent4 7i7 ,transfer authority ,funds authorized under this section may be transferred within the ,department and administered in accordance with the requirements of title #bc or #di of the ,united ,states ,code applicable to the agency to which the funds are transferred and any other requirements applicable to the project4 7j7 ,metropolitan mobility program 7#a7 ,establishment ,the ,secretary shall establish a metropolitan mobility program under this subsection4 7#b7 ,reservation of funds ,the ,secretary shall reserve up to #a1jjj1jjj1jjj made available under this section over the period of fiscal years #bjae through #bjah for the program under this subsection4 ,any funds reserved under this paragraph and not allocated under paragraph 7#c7 shall be available for the ,,fast ,grant ,program4 7#c7 ,allocation of funds 7,a7 ,amount available for allocation 7i7 ,in general ,the amount of funding available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over #bjj1jjj individuals shall be-- 7,i7 #bej1jjj1jjj2 multiplied by 7,,ii7 the ratio that-- 7aa7 the population of such urbanized area2 bears to 7bb7 the total population of all urbanized areas with populations of over #bjj1jjj individuals4 7ii7 ,adjustments to amounts ,notwithstanding clause 7i71 the ,secretary shall adjust the amounts determined under clause 7i7 as follows3 7,i7 ,minimum amount ,the amount available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over #bjj1jjj individuals shall not be less than #a1jjj1jjj4 7,,ii7 ,maximum amount ,the amount available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over #bjj1jjj individuals shall not be greater than #c1jjj1jjj4 7,b7 ,amount to allocate ,in a fiscal year the ,secretary shall make available to a ,state1 for use in an urbanized area served by a high performing metropolitan planning organization1 an amount of funds under this subsection equal to-- 7i7 the amount available for allocation for that fiscal year in that urbanized area under subparagraph 7,a72 plus 7ii7 any amounts available for allocation in that urbanized area under that subparagraph for any prior fiscal years-- 7,i7 beginning with fiscal year #bjae2 and 7,,ii7 in which the urbanized area was not served by a high performing metropolitan planning organization4 7#d7 ,eligible uses of funds ,funds provided under this subsection may be used-- 7,a7 for any project or activity eligible under title #bc2 7,b7 for any project or activity eligible under chapter #ec1 title #di 2 or 7,c7 notwithstanding any other provision of law1 to pay the non-,federal share of the cost of any project or activity funded under chapter #ec or #ef of this title or under title #bc4 7#e7 ,high performing metropolitan planning organization defined ,in this subsection1 the term high performing metropolitan planning organization means a metropolitan planning organization that the ,secretary has designated as high performing under section #acd7r7 of title #bc or section #ecjc7r7 of this title4 4 7b7 ,conforming amendment ,the analysis of subtitle ,,iii of title #di1 ,united ,states ,code1 is amended by inserting the following after the item relating to chapter #ee3 #ef4bast ,century ,infrastructure investments#efja4 4 #adjb4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments 7a7 ,definitions 7#a7 ,master credit agreements ,section #fja7;a77#aj7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#aj7 ,master credit agreement ,the term master credit agreement means a conditional agreement to extend credit assistance for a program of related projects secured by a common security pledge 7which shall receive an investment grade rating from a rating agency7 prior to the ,secretary entering into such master credit agreement under section #fjb7;b77#b77;,a71 or for a single project covered under section #fjb7;b77#b77;,b7 that does not provide for a current obligation of ,federal funds and that would-- 7,a7 make contingent commitments of #a or more secured loans or other ,federal credit instruments at future dates1 subject to the availability of future funds being made available to carry out this chapter and subject to the satisfaction of all the conditions for the provision of credit assistance under this chapter1 including section #fjc7;b77#a72 7,b7 establish the maximum amounts and general terms and conditions of the secured loans or other ,federal credit instruments2 7,c7 identify the #a or more dedicated non-,federal revenue sources that will secure the repayment of the secured loans or secured ,federal credit instruments2 7,d7 provide for the obligation of funds for the secured loans or secured ,federal credit instruments after all requirements have been met for the projects subject to the master credit agreement1 including-- 7i7 completion of an environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7ii7 compliance with such other requirements as are specified in this chapter1 including sections #fjb7;c7 and #fjc7;b77#a72 and 7iii7 the availability of funds to carry out this chapter2 and 7,e7 require that contingent commitments result in a financial close and obligation of credit assistance not later than #c years after the date of entry into the master credit agreement1 or release of the commitment1 unless otherwise extended by the ,secretary4 4 7#b7 ,rural infrastructure project ,section #fja7;a77#ae7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#ae7 ,rural infrastructure project ,the term rural infrastructure project means a surface infrastructure project located outside of a ,census ,bureau-defined urbanized area4 4 7b7 ,master credit agreements ,section #fjb7;b77#b7 of title #bc1 ,united ,states ,code is amended to read as follows3 7#b7 ,master credit agreements 7,a7 ,program of related projects ,the ,secretary may enter into a master credit agreement for a program of related projects secured by a common security pledge on terms acceptable to the ,secretary4 7,b7 ,adequate funding not available ,if the ,secretary fully obligates funding to eligible projects in a fiscal year1 and adequate funding is not available to fund a credit instrument1 a project sponsor of an eligible project may elect to enter into a master credit agreement and wait to execute a credit instrument until the fiscal year during which additional funds are available to receive credit assistance4 4 7c7 ,application processing procedures ,section #fjb7;d77#b7 of title #bc1 ,united ,states ,code is amended to read as follows3 7#b7 ,approval or denial of ,application ,not later than #fj days after the date of issuance of the written notice of a complete application under paragraph 7#a71 the ,secretary shall provide to the applicant a written notice informing the applicant whether the ,secretary has approved or disapproved the application4 4 7d7 ,agreements ,section #fjc7;a77#a77;,d7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7,d7 to refinance long-term project obligations or ,federal credit instruments1 if the refinancing provides additional demonstrated funding capacity for the completion1 enhancement1 or expansion of any project that-- 7i7 is selected under section #fjb2 or 7ii7 otherwise meets the requirements of section #fjb4 4 7e7 ,limitation on refinancing of interim construction financing ,section #fjc7;a77#b7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,limitation on refinancing of interim construction financing ,a loan under paragraph 7#a7 shall not refinance interim construction financing under paragraph 7#a77;,b73 7,a7 if the maturity of such interim construction financing is later than one year after the substantial completion of the project1 and 7,b7 later than one year after the date of substantial completion of the project4 4 7f7 ,program administration ,section #fje of title #bc1 ,united ,states ,code1 is amended by inserting at the end the following3 7f7 ,reducing burden on small projects ,the ,secretary may use up to #e1jjj1jjj of funds made available to carry out this chapter in a fiscal year in lieu of fees collected under subsection 7b7 for projects under this chapter having eligible project costs that are reasonably anticipated not to equal or exceed #ge1jjj1jjj4 4 7g7 ,funding 7#a7 ,section #fjh7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking paragraph 7#d72 and 7,b7 by renumbering paragraphs 7#e7 and 7#f7 as 7#d7 and 7#e71 respectively4 7#b7 ,section #fjh7;a77#f7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#f7 ,administrative costs ,of the amounts made available to carry out this chapter1 the ,secretary may use not more than #aj1jjj1jjj in fiscal year #bjae1 #ab1jjj1jjj in fiscal year #bjaf1 #ad1jjj1jjj in fiscal year #bjag1 and #ae1jjj1jjj in fiscal year #bjah for the administration of this chapter4 4 #adjc4 ,railroad rehabilitation and improvement financing 7a7 ,definitions ,section #eja of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba7 is amended by inserting at the end the following3 7#i7 ,the term railroad means a railroad carrier as that term is defined in section #bjajb of title #di1 ,united ,states ,code4 4 7b7 ,general authority ,section #ejb7;a7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;a77 is amended-- 7#a7 by striking paragraph 7#e7 and inserting the following3 7#e7 joint ventures that include at least one of the entities described in paragraphs 7#a7 through 7#d7 or paragraph 7#f7 of this section2 and 2 7#b7 in paragraph 7#f71 by striking second and that is served by no more than a single railroad2 and 7#c7 in paragraph 7#f71 by striking limited option rail freight shippers and inserting limited option freight shippers4 7c7 ,eligible purposes ,section #ejb7;b7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;b77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking shops and inserting shops1 inclusive of costs related to these activities1 but not operating expenses2 and 7#b7 in paragraph 7#a77;,b71 by striking subparagraph 7,a7 and inserting subparagraph 7,a7 or 7,c74 7d7 ,infrastructure partners ,section #ejb7;f7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;f77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting including modifications thereto after #aiij2 7,b7 by inserting and modification costs after premiums in the first sentence2 and 7,c7 by inserting or modification after application at the end of the first sentence2 7#b7 in paragraph 7#c71 by inserting 1 and in the case of a modification1 before the modification is executed after amounts2 and 7#c7 by striking paragraph 7#d74 7e7 ,conditions of assistance ,section #ejb7;h7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;h77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking project and inserting project1 if applicable2 7,b7 by striking 7#b7 and inserting 7#b77;,a72 and 7,c7 by inserting at the end the following3 7,b7 ,the ,secretary may subordinate rights of the ,secretary under any provision of title #di or title #bc of the ,united ,states ,code1 to the rights of the ,secretary under this section and section #ejc of this ,act4 2 and 7#b7 by inserting the following after subparagraph 7#c77;,b73 7#d7 ,the ,secretary shall not provide assistance under this section exceeding #hj percent of the reasonably anticipated eligible project costs on projects-- 7,a7 that receive a loan for which the ,government pays the cost as defined by section #ejb of the ,federal ,credit ,reform ,act2 and 7,b7 with total eligible project costs estimated to exceed #ajj1jjj1jjj4 4 7f7 ,modifications ,section #ejc7;c7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbc7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking and from the end2 7#b7 in paragraph 7#b71 by striking the period and inserting 2 and2 and 7#c7 by adding the following after paragraph 7#b7 the following3 7#c7 the modification cost has been covered pursuant to section #ejb7;f74 4 7g7 ,evaluation1 award and oversight charges ,section #ejc of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbc7 is amended by striking subsection 7k7 and inserting the following3 7k7 ,charges 7#a7 ,purpose ,the ,secretary may collect from each applicant a reasonable charge for-- 7,a7 the cost of evaluating the application1 amendments1 modifications1 and waivers including appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought1 and for making necessary determinations and findings2 7,b7 the cost of award and project management oversight2 7,c7 the cost of services from expert firms1 including counsel1 in the field of railroad1 municipal and project finance1 to assist in the underwriting1 auditing1 servicing and exercise of rights with respect to direct loans and loan guarantees2 and 7,d7 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 loan4 7#b7 ,amount ,a charge under this subsection shall not exceed one percent of the principal amount requested in the application4 ,the ,secretary shall prescribe standards for applying the charges to ensure that it does not prevent a ,class ,,ii or ,class ,,iii railroad from having adequate access to direct loans and loan guarantees under this title4 7#c7 ,fees credited to safety account ,amounts collected under this subsection shall be credited directly to the ,safety and ,operations account of the ,federal ,railroad ,administration1 and shall remain available until expended to pay for the costs described in this subsection4 4 7h7 ,authorization of ,appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary for the cost of direct loans and loan guarantees pursuant to sections #ejb through #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7,public ,law #id-baj74 #adjd4 ,state infrastructure bank program ,section #faj of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 by striking paragraph 7#a77;,a7 and inserting in its place the following3 7,a7 #aj percent of the funds apportioned to the ,state for each fiscal year under each of sections #ajd7;b77#a7 and #ajd7;b77#b72 and 2 7,b7 in paragraph 7#b71 by striking of fiscal years #bjje through #bjji and inserting fiscal year2 and 7,c7 in paragraph 7#c71 by striking of fiscal years #bjje through #bjji and inserting fiscal year2 and 7#b7 in subsection 7k71 by striking of fiscal years #bjje through #bjji and inserting fiscal year4 #adje4 ,toll roads1 bridges1 tunnels1 and ferries 7a7 ,tolling ,section #abi7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking subparagraphs 7,b71 7,g71 and 7,h7 and redesignating-- 7i7 subparagraphs 7,c7 through 7,f7 as subparagraphs 7,b7 through 7,e71 respectively2 and 7ii7 subparagraph 7,i7 as subparagraph 7,h72 7,b7 in subparagraph 7,b71 as redesignated1 by-- 7i7 inserting 1 including such facilities after tunnel in the first place it appears2 and 7ii7 adding a comma after ,interstate ,system2 and 7,c7 by inserting after subparagraph 7,e71 as redesignated1 the following3 7,f7 reconstruction of a toll-free ,federal-aid highway on the ,interstate ,system and conversion of the highway to a toll facility1 subject to the approval of the ,secretary in accordance with paragraph 7#ab72 7,g7 conversion of #a or more lanes on a toll-free highway1 bridge or tunnel 7including highways1 bridges or tunnels on the ,interstate ,system7 to a toll facility for the purpose of reducing or managing high levels of congestion1 subject to the approval of the ,secretary in accordance with paragraph 7#ab72 and 2 7#b7 in paragraph 7#c77;,a71 by-- 7,a7 striking shall use and inserting shall ensure that2 7,b7 inserting are used after toll facility in the second place it appears2 7,c7 redesignating clauses 7iv7 and 7v7 as clauses 7vi7 and 7vii71 respectively2 7,d7 inserting after clause 7iii7 the following3 7iv7 any costs necessary for the improvement and operation of public transportation service that-- 7,i7 is provided within the transportation corridor in which the toll facility is located2 or 7,,ii7 contributes to the improved operation of the toll facility or the highway on which the toll facility is located2 7v7 any costs necessary for mitigating any adverse impacts related to the tolling of the facility and identified under the ,national ,environmental ,policy ,act process as a priority by the ,state or public authority imposing the tolls2 and 4 7,e7 inserting or chapter #ec of title #di before the period at the end of clause 7vii71 as redesignated2 7#c7 by amending paragraph 7#d7 to read as follows3 7#d7 ,requirements for tolling for congestion management 7,a7 ,in general ,a public authority with jurisdiction over a toll-free highway1 bridge1 or tunnel that is converted to a toll facility that is tolled under paragraph 7#a77;,g7 shall manage the demand to use the facility by varying the toll amount that is charged4 7,b7 ,,hov facilities ,a high occupancy vehicle facility converted to a toll facility under paragraph 7#a77;,g7 shall be subject to the requirements of section #aff of this title4 2 7#d7 by redesignating paragraph 7#aj7 as paragraph 7#aa72 7#e7 by inserting after paragraph 7#i7 the following3 7#aj7 ,electronic toll collection ,fees collected from motorists using a toll facility that is tolled pursuant to this section and opened to traffic on or after ,october #a1 #bjae1 shall be collected only through the use of noncash electronic technology that optimizes the free flow of traffic on the toll facility4 2 and 7#f7 by inserting at the end the following3 7#ab7 ,approval ,a facility tolled under paragraph 7#a77;,f7 or 7#a77;,g7 shall receive the approval of the ,secretary according to criteria that the ,secretary shall publish in the ,federal ,register4 4 7b7 ,ferry boats ,section #abi7;c77#b7 of title #bc1 ,united ,states ,code1 is amended by inserting 1 ferry boats carrying commercial motor vehicles and passengers1 before the phrase and ferry boats carrying passengers only44 7c7 ,interstate system reconstruction and rehabilitation pilot program ,section #abaf7;b7 of the ,transportation ,equity ,act for the #bast ,century 7,public ,law #aje-agh7 is repealed4 #adjf4 ,tax-exempt financing for qualified surface transportation projects ,section #adb7m77#b77;,a7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c #adb7m77#b77;,a77 is amended by striking #ae1jjj1jjj1jjj and inserting #ai1jjj1jjj1jjj4 #adjg4 ,pay for success ,to the extent practicable1 the ,secretary shall encourage the use of pay for success contracting in the implementation of the programs administered by the ,department4 ,,ii ,federal-,aid ,highways ,a ,authorizations and ,programs #bjja4 ,authorization of appropriations 7a7 ,in general ,the following sums are authorized to be appropriated out of the ,highway ,account of the ,transportation ,trust ,fund3 7#a7 ,federal-aid highway program ,for the national highway performance program under section #aai of title #bc1 ,united ,states ,code1 the surface transportation program under section #acc of such title1 the highway safety improvement program under section #adh of such title1 the congestion mitigation and air quality improvement program under section #adi of such title1 and to carry out section #acd of such title-- 7,a7 #ch1edj1jjj1jjj for fiscal year #bjae2 7,b7 #ci1cac1jjj1jjj for fiscal year #bjaf2 7,c7 #dj1ajb1jjj1jjj for fiscal year #bjag2 and 7,d7 #dj1ijd1jjj1jjj for fiscal year #bjah4 7#b7 ,critical immediate investments program ,for the critical immediate investments program under section #bjab of this ,act-- 7,a7 #d1hej1jjj1jjj for fiscal year #bjae2 7,b7 #c1hej1jjj1jjj for fiscal year #bjaf2 7,c7 #b1hej1jjj1jjj for fiscal year #bjag2 and 7,d7 #a1hej1jjj1jjj for fiscal year #bjah4 7#c7 ,federal lands and tribal transportation programs 7,a7 ,tribal transportation program ,for the ,tribal transportation program under section #bjb of title #bc1 ,united ,states ,code-- 7i7 #ejg1jjj1jjj for fiscal year #bjae2 7ii7 #eag1jjj1jjj for fiscal year #bjaf2 7iii7 #ebg1jjj1jjj for fiscal year #bjag2 and 7iv7 #ech1jjj1jjj for fiscal year #bjah4 7,b7 ,federal lands transportation program ,for the ,federal lands transportation program under section #bjc of such title-- 7i7 #cgj1jjj1jjj for fiscal year #bjae2 7ii7 #cgg1jjj1jjj for fiscal year #bjaf2 7iii7 #che1jjj1jjj for fiscal year #bjag2 and 7iv7 #cic1jjj1jjj for fiscal year #bjah1 of which #e percent of the amount made available for each fiscal year shall be for the ,united ,states ,army ,corps of ,engineers2 #ae percent of the amount made available for each fiscal year shall be for the ,united ,states ,forest ,service2 and #hj percent of the amount made available for each fiscal year shall be for the ,department of the ,interior and divided by the ,secretary of the ,interior1 with notification to the ,secretary1 among the ,national ,park ,service1 the ,fish and ,wildlife ,service1 the ,bureau of ,land ,management1 and the ,bureau of ,reclamation4 7,c7 ,federal lands access program ,for the ,federal lands access program under section #bjd of such title-- 7i7 #bej1jjj1jjj for fiscal year #bjae2 7ii7 #bee1jjj1jjj for fiscal year #bjaf2 7iii7 #bfj1jjj1jjj for fiscal year #bjag2 and 7iv7 #bfe1jjj1jjj for fiscal year #bjah4 7,d7 ,nationally significant ,federal lands and tribal projects program ,for the nationally significant ,federal lands and ,tribal projects program under section #bjjh of this ,act1 #aej1jjj1jjj for each of fiscal years #bjae through #bjah4 7#d7 ,transportation infrastructure finance and innovation program ,for credit assistance under the transportation infrastructure finance and innovation program under chapter #f of such title1 #a1jjj1jjj1jjj for each of fiscal years #bjae through #bjah4 7#e7 ,federal allocation programs 7,a7 ,on-the-job training ,for surface transportation and technology training and summer transportation institutes under section #adj7;b7 of such title-- 7i7 #aa1jjj1jjj for fiscal year #bjae2 7ii7 #aa1jjj1jjj for fiscal year #bjaf2 7iii7 #aa1jjj1jjj for fiscal year #bjag2 and 7iv7 #ab1jjj1jjj for fiscal year #bjah4 7,b7 ,disadvantaged business enterprises ,for training programs and assistance programs under section #adj7;c7 of such title-- 7i7 #aa1jjj1jjj for fiscal year #bjae2 7ii7 #aa1jjj1jjj for fiscal year #bjaf2 7iii7 #aa1jjj1jjj for fiscal year #bjag2 and 7iv7 #ab1jjj1jjj for fiscal year #bjah4 7,c7 ,highway use tax evasion projects ,for highway use tax evasion projects under section #adc of such title1 #aj1jjj1jjj for each of fiscal years #bjae through #bjah4 7,d7 ,construction of ferry boats and ferry terminal facilities ,for the construction of ferry boats and ferry terminal facilities under section #adg of such title-- 7i7 #fg1jjj1jjj for fiscal year #bjae2 7ii7 #fh1jjj1jjj for fiscal year #bjaf2 7iii7 #gj1jjj1jjj for fiscal year #bjag2 and 7iv7 #ga1jjj1jjj for fiscal year #bjah4 7,e7 ,performance management data support program ,for the performance management data support program under section #aej7;f7 of title #bc1 ,united ,states ,code1 #aj1jjj1jjj for each of fiscal years #bjae through #bjah4 7,f7 ,territorial and puerto rico highway program ,for the territorial and ,puerto ,rico highway program under section #afe of such title-- 7i7 #aij1jjj1jjj for fiscal year #bjae2 7ii7 #aid1jjj1jjj for fiscal year #bjaf2 7iii7 #aih1jjj1jjj for fiscal year #bjag2 and 7iv7 #bjb1jjj1jjj for fiscal year #bjah4 7,g7 ,safety outreach1 training1 and education activities #c1jjj1jjj for each of fiscal years #bjae through #bjah for safety outreach1 training1 and education activities4 7,h7 ,jobs-driven skills and opportunity programs #ajj1jjj1jjj in each of fiscal years #bjae through #bjah1 of which-- 7i7 #cj1jjj1jjj for each such fiscal year shall be for the jobs-driven skills training program under section #adj7;b7 of such title 7as added by section #abjh of this ,act72 and 7ii7 #gj1jjj1jjj for each such fiscal year shall be for the connection to opportunity pilot program under section #acd7q7 of such title and section #ecjc7q7 of title #di1 ,united ,states ,code 7as added by section #abji of this ,act74 7b7 ,disadvantaged business enterprises 7#a7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,small business concern 7i7 ,in general ,the term small business concern means a small business concern as the term is used in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7ii7 ,exclusions ,the term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding #c fiscal years in excess of #bb1daj1jjj1 as adjusted annually by the ,secretary for inflation4 7,b7 ,socially and economically disadvantaged individuals ,the term socially and economically disadvantaged individuals has the meaning given the term in section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations issued pursuant to that ,act1 except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection4 7#b7 ,amounts for small business concerns ,except to the extent that the ,secretary determines otherwise1 not less than #aj percent of the amounts made available for any program under titles ,,ii and ,,iii of this ,act and section #djc of title #bc1 ,united ,states ,code1 shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals4 7#c7 ,annual listing of disadvantaged business enterprises ,each ,state that receives funds under title ,,ii of this ,act1 title ,,iii of this ,act1 or section #djc of title #bc1 ,united ,states ,code1 shall annually-- 7,a7 survey and compile a list of the small business concerns referred to in paragraph 7#b7 in the ,state1 including the location of the small business concerns in the ,state2 and 7,b7 notify the ,secretary1 in writing1 of the percentage of the small business concerns that are controlled by-- 7i7 women2 7ii7 socially and economically disadvantaged individuals 7other than women72 and 7iii7 individuals who are women and are otherwise socially and economically disadvantaged individuals4 7#d7 ,uniform certification 7,a7 ,in general ,the ,secretary shall establish minimum uniform criteria for use by ,state governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection4 7,b7 ,inclusions ,the minimum uniform criteria established under subparagraph 7,a7 shall include1 with respect to a potential small business concern-- 7i7 on-site visits2 7ii7 personal interviews with personnel2 7iii7 issuance or inspection of licenses2 7iv7 analyses of stock ownership2 7v7 listings of equipment2 7vi7 analyses of bonding capacity2 7vii7 listings of work completed2 7viii7 examination of the resumes of principal owners2 7ix7 analyses of financial capacity2 and 7x7 analyses of the type of work preferred4 7#e7 ,reporting ,the ,secretary shall establish minimum requirements for use by ,state governments in reporting to the ,secretary-- 7,a7 information concerning disadvantaged business enterprise awards1 commitments1 and achievements2 and 7,b7 such other information as the ,secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program4 7#f7 ,compliance with court orders ,nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles ,,ii and ,,iii of this ,act and section #djc of title #bc1 ,united ,states ,code1 if the entity or person is prevented1 in whole or in part1 from complying with paragraph 7#b7 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of paragraph 7#b7 is unconstitutional4 7c7 ,conforming amendments 7#a7 ,puerto rico and territorial highways ,section #afe7;a7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7a7 ,division of funds ,of funds made available for the territorial and ,puerto ,rico highway program-- 7#a7 for fiscal year #bjae-- 7,a7 #aej1jjj1jjj shall be for the ,puerto ,rico highway program under subsection 7b72 and 7,b7 #dj1jjj1jjj shall be for the territorial highway program under subsection 7c72 7#b7 for fiscal year #bjaf-- 7,a7 #aec1jjj1jjj shall be for the ,puerto ,rico highway program under subsection 7b72 and 7,b7 #da1jjj1jjj shall be for the territorial highway program under subsection 7c72 7#c7 for fiscal year #bjag-- 7,a7 #aef1jjj1jjj shall be for the ,puerto ,rico highway program under subsection 7b72 and 7,b7 #db1jjj1jjj shall be for the territorial highway program under subsection 7c72 7#d7 for fiscal year #bjah-- 7,a7 #aei1jjj1jjj shall be for the ,puerto ,rico highway program under subsection 7b72 and 7,b7 #dc1jjj1jjj shall be for the territorial highway program under subsection 7c74 4 7#b7 ,disadvantaged business enterprises ,section #adj7;c7 of such title is amended by striking ,from administrative funds made available under section #ajd7;a71 the ,secretary shall deduct such sums as necessary1 not to exceed #aj1jjj1jjj per fiscal year1 for the administration of this subsection44 7#c7 ,highway use tax evasion projects ,section #adc7;b77#b7 of such title is amended to read as follows3 7#b7 ,funding ,funds made available to carry out this section may be allocated to the ,internal ,revenue ,service and the ,states at the discretion of the ,secretary1 except that of funds so made available for each fiscal year1 #b1jjj1jjj shall be available only to carry out intergovernmental enforcement efforts1 including research and training4 4 7#d7 ,construction of ferry boats and ferry terminal facilities ,section #adg of such title is amended-- 7,a7 by striking subsection 7e72 and 7,b7 by redesignating subsections 7f7 and 7g7 as subsections 7e7 and 7f71 respectively4 #bjjb4 ,obligation limitation 7a7 ,general limitation ,subject to subsection 7e71 and notwithstanding any other provision of law1 the obligations for ,federal-aid highway and highway safety construction programs shall not exceed-- 7#a7 #dg1cbc1bdh1jjj for fiscal year #bjae2 7#b7 #dh1ada1bdh1jjj for fiscal year #bjaf2 7#c7 #dh1igg1bdh1jjj for fiscal year #bjag2 and 7#d7 #di1hbi1bdh1jjj for fiscal year #bjah4 7b7 ,exceptions ,the limitations under subsection 7a7 shall not apply to obligations under or for-- 7#a7 section #abe of title #bc1 ,united ,states ,code2 7#b7 section #adg of the ,surface ,transportation ,assistance ,act of #aigh 7#bc ,u4,s4,c4 #add note2 #ib ,stat4 #bgad72 7#c7 section #i of the ,federal-,aid ,highway ,act of #aiha 7#ie ,stat4 #agja72 7#d7 subsections 7b7 and 7j7 of section #aca of the ,surface ,transportation ,assistance ,act of #aihb 7#if ,stat4 #baai72 7#e7 subsections 7b7 and 7c7 of section #adi of the ,surface ,transportation and ,uniform ,relocation ,assistance ,act of #aihg 7#aja ,stat4 #aih72 7#f7 sections #aajc through #aajh of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#aje ,stat4 #bjbg72 7#g7 section #aeg of title #bc1 ,united ,states ,code 7as in effect on ,june #h1 #aiih72 7#h7 section #aje of title #bc1 ,united ,states ,code 7as in effect for fiscal years #aiih through #bjjd1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#i7 ,federal-aid highway programs for which obligation authority was made available under the ,transportation ,equity ,act for the #bast ,century 7#aab ,stat4 #ajg7 or subsequent ,acts for multiple years or to remain available until expended1 but only to the extent that the obligation authority has not lapsed or been used2 7#aj7 section #aje of title #bc1 ,united ,states ,code 7but1 for each of fiscal years #bjje through #bjab1 only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#aa7 section #afjc of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aah note2 #aai ,stat4 #abdh71 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 obligation2 and 7#ab7 section #aai of title #bc1 ,united ,states ,code 7but1 for each of fiscal years #bjac through #bjah1 only in an amount equal to #fci1jjj1jjj for each of those fiscal years74 7c7 ,distribution of obligation authority ,for each of fiscal years #bjae through #bjah1 the ,secretary-- 7#a7 shall not distribute obligation authority provided by subsection 7a7 for the fiscal year for-- 7,a7 amounts authorized for administrative expenses and programs by section #ajd7;a7 of title #bc1 ,united ,states ,code2 and 7,b7 amounts authorized for the ,bureau of ,transportation ,statistics2 7#b7 shall not distribute an amount of obligation authority provided by subsection 7a7 that is equal to the unobligated balance of amounts-- 7,a7 made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 or from the ,highway ,account of the ,transportation ,trust ,fund for ,federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the ,secretary 7or apportioned by the ,secretary under sections #bjb or #bjd of title #bc1 ,united ,states ,code72 and 7,b7 for which obligation authority was provided in a previous fiscal year2 7#c7 shall determine the proportion that-- 7,a7 the obligation authority provided by subsection 7a7 for the fiscal year1 less the aggregate of amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 bears to 7,b7 the total of the sums authorized to be appropriated for the ,federal-aid highway and highway safety construction programs 7other than sums authorized to be appropriated for provisions of law described in paragraphs 7#a7 through 7#aa7 of subsection 7b7 and sums authorized to be appropriated for section #aai of title #bc1 ,united ,states ,code1 equal to the amount referred to in subsection 7b77#ab7 for the fiscal year71 less the aggregate of the amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 7#d7 shall distribute the obligation authority provided by subsection 7a71 less the aggregate amounts not distributed under paragraphs 7#a7 and 7#b71 for each of the programs 7other than programs to which paragraph 7#a7 applies7 that are allocated by the ,secretary under this ,act and title #bc1 ,united ,states ,code1 or apportioned by the ,secretary under sections #bjb or #bjd of that title1 by multiplying-- 7,a7 the proportion determined under paragraph 7#c72 by 7,b7 the amounts authorized to be appropriated for each such program for the fiscal year2 and 7#e7 shall distribute the obligation authority provided by subsection 7a71 less the aggregate amounts not distributed under paragraphs 7#a7 and 7#b7 and the amounts distributed under paragraph 7#d71 for ,federal-aid highway and highway safety construction programs that are apportioned by the ,secretary under title #bc1 ,united ,states ,code 7other than the amounts apportioned for the national highway performance program in section #aai of title #bc1 ,united ,states ,code1 that are exempt from the limitation under subsection 7b77#ab7 and the amounts apportioned under sections #bjb and #bjd of that title7 or under this ,act in the proportion that-- 7,a7 amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 or under this ,act to each ,state for the fiscal year2 bears to 7,b7 the total of the amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 or under this ,act to all ,states for the fiscal year4 7d7 ,redistribution of unused obligation authority ,notwithstanding subsection 7c71 the ,secretary shall1 after ,august #a of each of fiscal years #bjae through #bjah-- 7#a7 revise a distribution of the obligation authority made available under subsection 7c7 if an amount distributed cannot be obligated during that fiscal year2 and 7#b7 redistribute sufficient amounts to those ,states able to obligate amounts in addition to those previously distributed during that fiscal year1 giving priority to those ,states having large unobligated balances of funds apportioned under sections #add 7as in effect on the day before the date of enactment of ,public ,law #aab-ada7 and #ajd of title #bc1 ,united ,states ,code4 7e7 ,applicability of obligation limitations to transportation research programs 7#a7 ,in general ,except as provided in paragraph 7#b71 obligation limitations imposed by subsection 7a7 shall apply to contract authority for transportation research programs carried out under-- 7,a7 chapter #e of title #bc1 ,united ,states ,code2 and 7,b7 ,title ,,viii of this ,act4 7#b7 ,exception ,obligation authority made available under paragraph 7#a7 shall-- 7,a7 remain available for a period of #d fiscal years2 and 7,b7 be in addition to the amount of any limitation imposed on obligations for ,federal-aid highway and highway safety construction programs for future fiscal years4 7f7 ,redistribution of certain authorized funds 7#a7 ,in general ,not later than #cj days after the date of distribution of obligation authority under subsection 7c7 for each of fiscal years #bjae through #bjah1 the ,secretary shall distribute to the ,states any funds 7excluding funds authorized for the program under section #bjb of title #bc1 ,united ,states ,code7 that-- 7,a7 are authorized to be appropriated for the fiscal year for ,federal-aid highway programs2 and 7,b7 the ,secretary determines will not be allocated to the ,states 7or will not be apportioned to the ,states under section #bjd of title #bc1 ,united ,states ,code71 and will not be available for obligation1 for the fiscal year because of the imposition of any obligation limitation for the fiscal year4 7#b7 ,ratio ,funds shall be distributed under paragraph 7#a7 in the same proportion as the distribution of obligation authority under subsection 7c77#e74 7#c7 ,availability ,funds distributed to each ,state under paragraph 7#a7 shall be available for any purpose described in section #acc7;b7 of title #bc1 ,united ,states ,code4 #bjjc4 ,apportionment 7a7 ,section #ajd amendments ,section #ajd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by amending subsection 7a77#a7 to read as follows3 7#a7 ,in general ,there are authorized to be appropriated from the ,highway ,account of the ,transportation ,trust ,fund to be made available to the ,secretary for administrative expenses of the ,federal ,highway ,administration-- 7,a7 #ddb1bdh1jjj for fiscal year #bjae2 7,b7 #dea1bdh1jjj for fiscal year #bjaf2 7,c7 #dfj1bdh1jjj for fiscal year #bjag2 and 7,d7 #dfi1bdh1jjj for fiscal year #bjah4 4 7#b7 in subsection 7c77#b7-- 7,a7 by adding and thereafter after #bjad the first time it appears2 and 7,b7 in subparagraph 7,a7 by adding and each fiscal year thereafter after #bjad2 and 7#c7 by inserting at the end the following3 7h7 ,implementation of future strategic highway research program findings and results ,before making an apportionment under subsection 7c7 for each of fiscal years #bjae through #bjah1 the ,secretary may set aside up to #be1jjj1jjj for each fiscal year to carry out the implementation of future strategic highway research program findings and results under section #ejc7;c77#b77;,c74 ,funds expended under this subsection shall not be considered to be part of the extramural budget of the agency for the purpose of section #i of the ,small ,business ,act 7#ae ,u4,s4,c4 #fch7 4 7b7 ,conforming amendment ,section #eje of title #bc1 ,united ,states ,code1 is amended by striking subsection 7c7 and redesignating subsections 7d7 and 7e7 as 7c7 and 7d71 respectively4 #bjjd4 ,federal lands transportation program 7a7 ,definitions ,section #aja7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#h7 by striking is adjacent to12 and 7#b7 by striking paragraphs 7#i7 and 7#aj7 and redesignating paragraphs 7#aa7 through 7#cd7 as paragraphs 7#i7 through 7#cb71 respectively4 7b7 ,other amendments ,section #bjc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by-- 7,a7 striking 2 and at the end of subparagraph 7,c7 and inserting a period2 and 7,b7 striking subparagraph 7,d72 7#b7 in subsection 7b77#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking #bjaa and inserting #bjab2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking 2 and at the end of clause 7iv7 and inserting a semicolon2 7ii7 by striking the period at the end of clause 7v7 and insert 2 and2 and 7iii7 by inserting at the end the following3 7vi7 the ,bureau of ,reclamation4 2 7#c7 at the end of subsection 7c77#b77;,b71 by inserting the following3 7vi7 ,the ,bureau of ,reclamation4 2 and 7#d7 by striking subsection 7d74 7c7 ,performance management ,section #bjc7;b77#b77;,b7 of title #bc1 ,united ,states ,code1 is amended by inserting performance management1 including after support4 #bjje4 ,emergency relief for federally owned roads 7a7 ,federal share ,section #abj7;e77#b7 of title #bc1 ,united ,states ,code1 is amended by striking ,federal land access transportation facilities and inserting other federally owned roads that are open to public travel 7as defined in section #abe7;e77#a7 of this title74 7b7 ,eligibility ,section #abe7;d77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 at the end of subparagraph 7,a7 by striking or2 7#b7 at the end of subparagraph 7,b7 by striking the period and inserting 2 or2 and 7#c7 by inserting at the end the following3 7,c7 projects eligible for assistance under this section located on ,tribal transportation facilities1 ,federal lands transportation facilities1 or other federally owned roads that are open to public travel4 4 7c7 ,definition ,section #abe7;e7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,definitions ,in this subsection-- 7,a7 open to public travel means1 with respect to a road1 that1 except during scheduled periods1 extreme weather conditions1 or emergencies1 the road is maintained and open to the general public and can accommodate travel by a standard passenger vehicle1 without restrictive gates or prohibitive signs or regulations1 other than for general traffic control or restrictions based on size1 weight1 or class of registration2 and 7,b7 standard passenger vehicle means a vehicle with six inches of clearance from the lowest point of the frame1 body1 suspension1 or differential to the ground4 4 #bjjf4 ,tribal high priority projects program and tribal transportation program amendments 7a7 ,in general ,section #bjb of title #bc1 ,united ,states ,code1 is amended as follows3 7#a7 ,in subsection 7a77#a7-- 7,a7 in subparagraph 7,a71 by striking the final semicolon and inserting 2 and2 7,b7 in subparagraph 7,b71 by striking 2 and and inserting a period2 and 7,c7 by striking subparagraph 7,c74 7#b7 ,in subsection 7b77#c77;,a77i71 by striking and subsections 7c71 7d71 and 7e7 and inserting and subsections 7a77#f71 7c71 7d71 7e71 and 7g74 7#c7 ,in subsection 7c77#a71 by striking #b percent and inserting #c percent4 7#d7 ,in subsection 7d77#b71 by striking #b percent and inserting #d percent4 7#e7 ,inserting after subsection 7f7 the following3 7g7 ,tribal high priority projects program 7#a7 ,funding ,before making any distribution under subsection 7b71 the ,secretary shall set aside not more than #g percent of the funds made available for the ,tribal transportation program for that fiscal year to carry out this subsection4 7#b7 ,eligible ,applicants ,applicants eligible for program funds under this subsection include-- 7,a7 an ,indian tribe whose annual allocation of funding under subsection 7b7 is insufficient to complete the highest priority project of the ,indian tribe2 7,b7 a governmental subdivision of an ,indian tribe-- 7i7 that is authorized to administer the funding of the ,indian tribe under this section2 and 7ii7 for which the annual allocation under subsection 7b7 is insufficient to complete the highest priority project of the ,indian tribe2 or 7,c7 any ,indian tribe or governmental subdivision of an ,indian tribe that has an emergency or disaster with respect to a transportation facility included on the national inventory of ,tribal transportation facilities under subsection 7b77#a74 7#c7 ,eligible facilities and activities ,to be funded under this subsection1 a project-- 7,a7 shall be on a ,tribal transportation facility that is included in the national inventory of ,tribal transportation facilities under subsection 7b77#a72 and 7,b7 except as specified in paragraph 7#d71 shall be an activity eligible under-- 7i7 subsection 7a77#a72 or 7ii7 the emergency relief program1 authorized under section #abe of this title1 but that does not meet the funding thresholds under part #ffh of title #bc1 ,code of ,federal ,regulations4 7#d7 ,limitation on use of funds ,funds under this subsection shall not be used for-- 7,a7 transportation planning2 7,b7 research2 7,c7 routine maintenance activities2 7,d7 structures and erosion protection unrelated to transportation and roadways2 7,e7 general reservation planning not involving transportation2 7,f7 landscaping and irrigation systems not involving a transportation program or project2 7,g7 work performed on a project that is not included on a transportation improvement program approved by the ,federal ,highway ,administration1 unless otherwise authorized by the ,secretary of the ,interior and the ,secretary2 7,h7 the purchase of equipment1 unless otherwise authorized by ,federal law2 or 7,i7 the condemnation of land for recreational trails4 7#e7 ,project ,applications2 funding 7,a7 ,in general ,to apply for funds under this subsection1 an eligible applicant shall submit to the ,department of the ,interior or the ,department of ,transportation an application that includes-- 7i7 project scope of work1 including deliverables1 budget1 and timeline2 7ii7 the amount of funds requested2 7iii7 project information addressing-- 7,i7 the ranking criteria identified in subparagraph 7,c72 or 7,,ii7 the nature of the emergency or disaster2 7iv7 documentation that the project meets the definition of a ,tribal transportation facility and is included in the national inventory of ,tribal transportation facilities under subsection 7b77#a72 7v7 documentation of official ,tribal action requesting the project2 7vi7 documentation from the ,indian tribe providing authority for the ,secretary of the ,interior to place the project on a transportation improvement program if the project is selected and approved2 and 7vii7 any other information the ,secretary of the ,interior or ,secretary considers appropriate to make a determination4 7,b7 ,limitation on ,applications ,an applicant for funds under the program may only have one application for assistance under this subsection pending at any one time1 including any emergency or disaster project application under paragraph 7#f74 7,c7 ,application ranking 7i7 ,in general ,the ,secretary of the ,interior and the ,secretary shall determine the eligibility of1 and fund1 program applications1 subject to the availability of funds4 7ii7 ,ranking criteria ,the project ranking criteria for applications under this subsection shall include-- 7,i7 the existence of safety hazards with documented fatality and injury crashes2 7,,ii7 the number of years since the ,indian tribe last completed a construction project funded by the ,indian ,reservation ,roads program 7as in effect the day before the date of enactment of ,,map-#ba7 or the tribal transportation program under section #bjb of title #bc1 ,united ,states ,code2 7,,iii7 the readiness of the ,indian tribe to proceed to construction or bridge design need2 7,,iv7 the percentage of project costs matched by funds that are not provided under this section1 with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches72 7,v7 the amount of funds requested1 with requests for lesser amounts given greater priority2 7,,vi7 the challenges caused by geographic isolation2 and 7,,vii7 all-weather access for employment1 commerce1 health1 safety1 educational resources1 or housing4 7iii7 ,project scoring matrix ,the project scoring matrix established in subpart ,i of part #agj of title #be1 ,code of ,federal ,regulations 7as in effect on ,july #ai1 #bjjd71 shall be used to rank all applications accepted under this subsection4 7,d7 ,funding priority list 7i7 ,in general ,the ,secretary of the ,interior and the ,secretary shall jointly produce a funding priority list that ranks the projects approved for funding under the program4 7ii7 ,limitation ,the number of projects on the list shall be limited by the amount of funding set aside for this subsection4 7,e7 ,timeline ,the ,secretary of the ,interior and the ,secretary shall-- 7i7 establish deadlines for applications2 7ii7 notify all applicants and ,regions in writing of acceptance of applications2 7iii7 rank all accepted applications in accordance with the project scoring matrix1 develop the funding priority list1 and return unaccepted applications to the applicant with an explanation of deficiencies2 7iv7 notify all accepted applicants of the projects included on the funding priority list2 and 7v7 distribute funds to successful applicants4 7#f7 ,emergency or disaster project ,applications 7,a7 ,in general ,notwithstanding paragraph 7#e77;,e71 an eligible applicant may submit an emergency or disaster project application at any time4 7,b7 ,consideration as priority ,the ,secretary of the ,interior and the ,secretary shall-- 7i7 consider project applications submitted under this paragraph to be a priority project under this subsection2 and 7ii7 fund the project applications in accordance with subparagraph 7,c74 7,c7 ,funding 7i7 ,in general ,if an eligible applicant submits an application for a project under this paragraph before the issuance of the list under paragraph 7#e77;,d7 and the project is determined to be eligible for program funds1 the ,secretary of the ,interior and the ,secretary shall provide funding for the project before providing funding for other approved projects on the list4 7ii7 ,submission after issuance of list ,if an eligible applicant submits an application under this subsection after the issuance of the list under paragraph 7#e77;,d7 and the distribution of program funds in accordance with the list1 the ,secretary of the ,interior and the ,secretary shall provide funding for the project on the date on which unobligated funds provided to projects on the list are returned to the respective ,department4 7iii7 ,effect on other projects ,if the ,secretary of the ,interior and the ,secretary use funding previously designated for a project on the list under paragraph 7#e77;,d7 to fund an emergency or disaster project under this paragraph1 the project on the list that did not receive funding as a result of the redesignation of funds shall move to the top of the list the following year4 7,d7 ,emergency or disaster project cost ,the cost of a project submitted as an emergency or disaster under this paragraph shall equal at least #aj percent of the distribution of funds of the ,indian tribe under subsection 7b74 7#g7 ,limitation on project amounts ,project funding shall be limited to a maximum of #a1ejj1jjj per application1 except that funding for disaster or emergency projects shall also be limited to the estimated cost of repairing damage to the ,tribal transportation facility4 7#h7 ,cost estimate certification ,all cost estimates prepared for a project shall be required to be submitted by the applicant to the ,secretary of the ,interior or the ,secretary for certification and approval4 4 7b7 ,conforming amendment ,section #aabc of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada7 is repealed4 #bjjg4 ,federal lands access program ,federal share ,section #bja7;b77#g7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking shall be #ajj percent and inserting may be up to #ajj percent2 and 7#b7 in subparagraph 7,b71 by inserting before the final period 1 except that the ,federal share for the cost of a project on a ,federal lands access transportation facility owned by a county1 town1 township1 municipal1 ,tribal1 or local government may be up to #ie percent4 #bjjh4 ,nationally significant ,federal lands and tribal projects program 7a7 ,in general ,chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after section #bjf the following3 #bjg4 ,nationally significant ,federal lands and tribal projects program 7a7 ,purpose ,the ,secretary shall establish a nationally significant ,federal lands and tribal projects program to provide funding needed to construct1 reconstruct1 or rehabilitate nationally significant ,federal lands and ,tribal transportation projects4 7b7 ,applicants 7#a7 ,in general ,except as specified in paragraph 7#b71 entities eligible to receive funds under sections #bja1 #bjb1 #bjc and #bjd of this title may apply for funding under this program4 7#b7 ,special rule ,a ,state1 county or local government may only apply if sponsored by an eligible ,federal ,land ,management ,agency or ,indian tribe4 7c7 ,eligible projects ,an eligible project under this section shall be a single continuous project-- 7#a7 on a ,federal lands transportation facility1 a ,federal lands access transportation facility1 or a ,tribal transportation facility1 as defined under section #aja of this title1 except that such facility is not required to be included on an inventory as described under section #bjb or #bjc of title #bc1 ,united ,states ,code2 7#b7 for which completion of activities required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 has been demonstrated through a record of decision with respect to the project1 a finding that the project has no significant impact1 or a determination that the project is categorically excluded2 and 7#c7 having an estimated cost1 based on the results of preliminary engineering1 equal to or exceeding #be1jjj1jjjj1 with priority consideration given to projects with an estimated cost equal to or exceeding #ej1jjj1jjj4 7d7 ,eligible activities ,an applicant receiving funds under this section may only use such funds for construction1 reconstruction1 and rehabilitation activities1 except that activities related to project design are not eligible4 7e7 ,applications ,applicants shall submit to the ,secretary an application in such form and in accordance with such requirements as the ,secretary shall establish4 7f7 ,selection criteria ,in selecting a project to receive funds under this program the ,secretary shall consider the extent to which the project-- 7#a7 furthers ,departmental goals such as state of good repair1 environmental sustainability1 economic competitiveness1 quality of life1 or safety2 7#b7 improves the condition of critical multimodal transportation facilities2 7#c7 needs construction1 reconstruction1 or rehabilitation2 7#d7 is included in or eligible for inclusion in the ,national ,register of ,historic ,places2 7#e7 enhances environmental ecosystems2 7#f7 uses new technologies and innovations that enhance the efficiency of the project2 7#g7 is supported by funds other than those received under this title to construct1 maintain1 and operate the facility2 7#h7 spans #b or more ,states2 and 7#i7 serves lands owned by multiple ,federal agencies or ,tribes4 4 7b7 ,conforming amendments 7#a7 ,availability of funds ,section #bja7;b7 of such title is amended-- 7,a7 in paragraph 7#a71 by inserting nationally significant ,federal lands and tribal projects program1 after ,federal lands transportation program12 7,b7 in paragraph 7#d77;,a71 by inserting nationally significant ,federal lands and tribal projects program1 after ,federal lands transportation program12 and 7,c7 by adding at the end of paragraph 7#g7 the following-- 7,c7 ,nationally significant ,federal lands and tribal projects program ,the ,federal share of the cost of a project carried out under the nationally significant ,federal lands and tribal projects program may be up to #ajj percent4 4 7#b7 ,planning ,section #bja7;c77#c7 of such title is amended by inserting nationally significant ,federal lands and tribal projects program after ,federal lands transportation program1 the first time it appears4 7#c7 ,analysis ,the analysis for chapter #b of such title is amended by inserting after the item related to #bjf the following3 #bjg4 ,nationally significant ,federal lands and tribal projects program 4 #bjji4 ,federal lands programmatic activities 7a7 ,transportation planning ,section #bja7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f77;,a7 by-- 7,a7 inserting a period after ,tribal transportation program2 7,b7 inserting ,data collected to implement the ,tribal transportation program shall be before in accordance with2 and 7,c7 striking 1 including and inserting 4 ,data collected under this paragraph includes2 and 7#b7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,cooperative research and technology deployment ,the ,secretary may conduct cooperative research and technology deployment in coordination with ,federal land management agencies1 as deemed appropriate by the ,secretary4 7#h7 ,funding 7,a7 ,in general ,to implement activities described in this subsection for ,federal lands transportation facilities1 ,federal lands access transportation facilities1 and other federally owned roads open to public travel 7as defined under section #abe of this title71 the ,secretary shall combine and use not more than #e percent for each fiscal year of the funds authorized for programs under sections #bjc and #bjd of this title4 7,b7 ,other activities ,in addition to the activities specified in subparagraph 7,a71 funds described under such subparagraph may also be used for-- 7i7 bridge inspections on any ,federally owned bridge even if such bridge is not included on the inventory1 as described under section #bjc of this title2 and 7ii7 transportation planning activities undertaken by any ,federal agency4 7,c7 ,eligible entities ,funds described under subparagraph 7,a7 may be used by the following agencies3 7i7 ,bureau of ,land ,management2 7ii7 ,bureau of ,reclamation2 7iii7 ,military ,surface ,deployment and ,distribution ,command2 7iv7 ,national ,park ,service2 7v7 ,tennessee ,valley ,authority2 7vi7 ,united ,states ,air ,force2 7vii7 ,united ,states ,army2 7viii7 ,united ,states ,army ,corps of ,engineers2 7ix7 ,united ,states ,fish ,wildlife ,service2 7x7 ,united ,states ,forest ,service2 and 7xi7 ,united ,states ,navy4 7,d7 ,special rule ,notwithstanding subparagraphs 7,a7 through 7,c71 a ,federal ,land ,management ,agency receiving funds to carry out section #bjc of this title may use funds authorized for that section to meet the requirements of this subsection4 7b7 ,coordination ,section #bja of such title is amended by adding at the end the following 7f7 ,federal lands transportation executive council ,the ,secretary periodically shall convene and chair a ,federal ,lands ,transportation ,executive ,council1 which shall be composed of ,secretaries of the appropriate ,federal ,land ,management ,agencies or their designees1 and chaired by the ,secretary or the ,secretary's designee4 ,the purpose of the ,federal ,lands ,transportation ,executive ,council is to consult on interdepartmental data standardization1 technology integration1 and interdepartmental consistency4 4 #bjaj4 ,bridges requiring closure or load restrictions ,section #add7;h7 of title #bc1 ,united ,states ,code1 is amended by-- 7#a7 redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#h71 respectively2 7#b7 inserting after paragraph 7#e71 the following new paragraph3 7#f7 ,bridges requiring closure or load restrictions 7,a7 ,bridges owned by ,federal agencies or tribal governments ,if a ,federal agency or ,tribal government fails to ensure that any highway bridge that is open to public travel and is located within the jurisdiction of the ,federal agency or ,tribal government is properly closed or restricted to loads it can carry safely1 the ,secretary-- 7i7 shall1 upon learning of the need to close such bridge or to restrict loads on it1 require the ,federal agency or ,tribal government to take action necessary to-- 7,i7 close the bridge within #dh hours2 or 7,,ii7 within #cj days1 restrict public travel on the bridge to loads the bridge can carry safely2 and 7ii7 may1 if the ,federal agency or ,tribal government fails to take action necessary under clause 7i71 withhold all funding authorized under this title for the ,federal agency or ,tribal government4 7,b7 ,other bridges ,if a ,state fails to ensure that any highway bridge 7other than a bridge described in subparagraph 7,a77 that is open to public travel and is located within the boundaries of the ,state is properly closed or restricted to loads it can carry safely1 the ,secretary-- 7i7 shall1 upon learning of the need to close such bridge or to restrict loads on it1 require the ,state to take action necessary to-- 7,i7 close the bridge within #dh hours2 or 7,,ii7 within #cj days1 restrict public travel on the bridge to loads the bridge can carry safely2 and 7ii7 may1 if the ,state fails to take action necessary under clause 7i71 withhold approval for ,federal-aid projects in such ,state4 2 and 7#c7 in paragraph 7#h71 as redesignated1 by striking 7#f7 and inserting 7#g74 #bjaa4 ,broadband infrastructure deployment 7a7 ,policy ,it is in the national interest for the ,department of ,transportation and ,state departments of transportation to expand the use of rights-of-way on ,federal-aid highways to accommodate broadband infrastructure2 to ensure the safe and efficient accommodation of broadband infrastructure in the public right-of-way2 to identify areas where additional broadband infrastructure is most needed2 to include broadband stakeholders in the transportation planning process2 to coordinate highway construction plans with other statewide telecommunications and broadband plans2 and to improve broadband connectivity to rural communities and improve broadband services in urban areas4 7b7 ,establishment of broadband infrastructure deployment initiative 7#a7 ,in general ,to advance the policy identified in subsection 7a71 the ,secretary shall carry out a broadband infrastructure deployment initiative under this section4 7#b7 ,advancing the use of best practices ,in order to expand the installation of broadband infrastructure1 the ,secretary shall require each ,state that receives funds under title ,,ii of this ,act to meet the following requirements3 7,a7 ,broadband coordination ,each ,state department of transportation shall-- 7i7 have a broadband utility coordinator responsible for coordinating the broadband infrastructure needs of the ,state with ,federal-aid highway projects2 7ii7 provide for online registration of broadband infrastructure entities that seek to be included in such broadband infrastructure coordination efforts within the ,state2 7iii7 coordinate with other ,state and local agencies and broadband infrastructure entities registered with the ,state department of transportation under clause 7ii7 and the ,first ,responder ,network ,authority 7,first,net7 as established in section #fbjd of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#db ,u4,s4,c4 #adbd71 to review areas within the ,state that are unserved or underserved by broadband2 and 7iv7 include broadband infrastructure entities registered with the ,state department of transportation under clause 7ii7 in the transportation planning processes under sections #acd and #ace of title #bc1 ,united ,states ,code4 7,b7 ,broadband infrastructure coordination plan ,each ,state department of transportation shall-- 7i7 based on the coordination under subparagraph 7,a71 develop a comprehensive ,state broadband infrastructure coordination plan to expand the adoption and deployment of broadband infrastructure within the ,state through1 at a minimum1 the use of rights-of-way for ,federal-aid highways and strategies to support increased availability and adoption in unserved and underserved areas in accordance with paragraph 7#b77;,a77iii72 7ii7 to the extent practicable1 coordinate the ,state broadband infrastructure coordination plan with other statewide telecommunication or broadband plans1 and with ,state and local transportation and land use plans2 7iii7 include in its ,state broadband infrastructure coordination plan strategies to minimize repeated excavations that involve the installation of broadband infrastructure in the right-of-way2 and 7iv7 include in its ,state broadband infrastructure coordination plan strategies to support increased broadband availability and adoption in unserved and underserved areas in accordance with paragraph 7#b77;,a77iii74 7,c7 ,right-of-way access ,notwithstanding any other provision of law-- 7i7 each ,state department of transportation shall-- 7,i7 allow the installation of broadband infrastructure in the right-of-way of every ,federal-aid highway to the extent the ,state holds sufficient ownership rights to authorize such accommodation2 and 7,,ii7 establish reasonable conditions to provide right-of-way access to broadband infrastructure entities to construct1 operate1 and maintain broadband infrastructure1 and may prohibit such uses that would adversely affect highway or traffic safety4 ,such use and access shall be free of charge to a broadband infrastructure entity requesting access for the purposes of broadband infrastructure installation2 and 7ii7 each ,state may-- 7,i7 designate one or more longitudinal areas within each right-of-way to accommodate broadband infrastructure2 and 7,,ii7 require all broadband infrastructure entities to locate their broadband infrastructure within such longitudinal areas4 7,d7 ,innovation ,each ,state department of transportation shall consider new technology and construction practices that would allow for the safe and efficient accommodation of broadband infrastructure in the right-of-way4 7#c7 ,state flexibility ,a ,state meeting the requirements under paragraph 7#b7 may use funds authorized for the surface transportation program under section #acc of title #bc1 ,united ,states ,code1 and the national highway performance program under section #aai of such title1 to install broadband infrastructure as part of a ,federal-aid highway project located in an area identified under paragraph 7#b77;,a77iii71 and the broadband infrastructure may be utilized to support non-transportation purposes in addition to transportation purposes4 7c7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,broadband infrastructure ,the term broadband infrastructure means buried or aerial facilities1 wireless or wireline connection that enables users to send and receive voice1 video1 data1 graphics1 or a combination thereof4 7#b7 ,broadband infrastructure entity ,the term broadband infrastructure entity means any entity that installs1 owns1 or operates broadband infrastructure and provides services to members of the public4 7#c7 ,right-of-way ,the term right-of-way means any real property1 or interest therein1 acquired1 dedicated1 or reserved for the construction1 operation1 and maintenance of a ,federal-aid highway4 7#d7 ,state ,the term ,state means any of the #ej ,states1 the ,district of ,columbia1 or ,puerto ,rico4 #bjab4 ,critical immediate investments program 7a7 ,establishment ,the ,secretary shall establish a program under this section to make critical and immediate improvements to infrastructure and highway safety4 ,this program shall include-- 7#a7 the interstate bridge revitalization initiative under subsection 7b72 7#b7 the systemic safety initiative under subsection 7c72 and 7#c7 the state of good repair initiative under subsection 7d74 7b7 ,interstate bridge revitalization initiative 7#a7 ,apportionment ,the ,secretary shall apportion funds made available to carry out this subsection for a fiscal year among ,states in the ratio that-- 7,a7 the amount of funds that the ,secretary apportions to the ,state for such fiscal year for the national highway performance program under section #ajd7;b77#a7 of title #bc1 ,united ,states ,code2 bears to 7,b7 the amount of funds that the ,secretary apportions to all ,states for such fiscal year for such program under such section4 7#b7 ,use of funds 7,a7 ,if above threshold ,if the ,secretary determines that more than #e percent of the total deck area of bridges on the ,interstate ,system in a ,state is located on bridges that the ,secretary has classified as structurally deficient1 the ,state may use funds under this subsection to repair1 rehabilitate1 or replace structurally deficient bridges on the ,interstate ,system4 7,b7 ,if below threshold ,if the ,secretary determines that less than #e percent of the total deck area of bridges on the ,interstate ,system in a ,state is located on bridges that the ,secretary has classified as structurally deficient1 the ,state may use funds under this subsection to repair1 rehabilitate1 or replace structurally deficient bridges on the ,national ,highway ,system4 7,c7 ,exclusion ,a ,state may not use funds under this subsection to construct a new bridge except as a replacement for an eligible structurally deficient bridge4 7c7 ,systemic safety initiative 7#a7 ,distribution of funds 7,a7 ,apportionment ,subject to subparagraph 7,b71 the ,secretary shall apportion funds made available to carry out this subsection for a fiscal year among ,states in the ratio specified in subsection 7b77#a74 7,b7 ,reservation of funds ,before apportioning funds under paragraph 7#a7 in a fiscal year1 the ,secretary shall reserve #ge1jjj1jjj under this subsection for use under paragraph 7#c74 7#b7 ,eligible uses of funds 7,a7 ,in general ,a ,state may use funds under this subsection on-- 7i7 systemic safety improvements that are-- 7,i7 eligible uses of funding under section #adh of title #bc1 ,united ,states ,code2 7,,ii7 consistent with the ,state's strategic highway safety plan under such section2 and 7,,iii7 located on a highway that is not owned by the ,state2 and 7ii7 data improvement activities 7or safety data systems7 related to highways described in clause 7i77,,iii74 7,b7 ,special rule ,notwithstanding subparagraph 7,a77i77,,iii71 if a ,state1 in the judgment of the ,secretary1 meets its infrastructure safety needs relating to systemic safety improvements on highways that are not owned by the ,state1 the ,state may use funds under this subsection on such an improvement-- 7i7 that is located on a highway owned by the ,state2 and 7ii7 that meets the requirements of subparagraphs 7,a77i77,i7 and 7,a77i77,,ii74 7#c7 ,build to evaluate 7,a7 ,in general ,the ,secretary shall provide grants under this paragraph to-- 7i7 allow local agencies to implement systemic safety improvements2 and 7ii7 enable the ,secretary to evaluate the effectiveness of such improvements4 7,b7 ,eligible ,applicants ,a local agency seeking to receive a grant under this paragraph shall-- 7i7 submit to the ,secretary an application in such form and in accordance with such requirements as the ,secretary shall establish2 and 7ii7 agree to provide the ,secretary with data sufficient1 in the judgment of the ,secretary1 to allow the ,secretary to rigorously evaluate the effectiveness of the projects that the agency implements with such a grant4 7#d7 ,definitions ,in this subsection1 the terms data improvement activities1safety data system1systemic safety improvement and strategic highway safety plan have the same meaning as in section #adh of title #bc1 ,united ,states ,code4 7d7 ,state of good repair initiative 7#a7 ,apportionment ,the ,secretary shall apportion funds made available to carry out this subsection for a fiscal year among ,states in the ratio specified in subsection 7b77#a74 7#b7 ,eligible uses of funds 7,a7 ,in general ,subject to subparagraph 7,b71 a ,state may use funds under this subsection to-- 7i7 reconstruct1 resurface1 restore1 rehabilitate1 or preserve a highway on the ,national ,highway ,system2 or 7ii7 replace1 rehabilitate1 preserve1 or protect a bridge or tunnel on the ,national ,highway ,system4 7,b7 ,preservation projects ,a ,state may use #ej percent of the funds that the ,secretary apportions to the ,state under paragraph 7#a7 only for preservation or rehabilitation projects under subparagraph 7,a7 that would prevent or reduce the need for more costly future repair or replacement4 7#c7 ,use of systems ,in selecting projects to fund under this subsection1 a ,state shall use information from its pavement and bridge management systems to identify potential projects that need immediate action to preserve the asset and avoid further deterioration4 7e7 ,transfers ,notwithstanding subsection 7d71 a ,state may transfer up to #ajj percent of its apportionment under such subsection-- 7#a7 to its apportionment under subsection 7b7 if1 in the judgment of the ,secretary1 such transfer will help the ,state to meet the performance targets that the ,state has established under section #aej7;d7 of title #bc1 ,united ,states ,code1 in relation to the national highway performance program2 or 7#b7 to its apportionment under subsection 7c7 if1 in the judgment of the ,secretary1 such transfer will help the ,state to meet the performance targets that the ,state has established under section #aej7;d7 of such title in relation to the highway safety improvement program4 7f7 ,administration of funds 7#a7 ,availability of funds ,of the funds authorized for each fiscal year for the ,critical ,immediate ,investments ,program-- 7,a7 #be percent shall be available for the ,interstate ,bridge ,revitalization ,initiative under subsection 7b72 7,b7 #be percent shall be available for the ,systemic ,safety ,initiative under subsection 7c72 and 7,c7 #ej percent shall be available for the ,state of ,good ,repair ,initiative under subsection 7d74 7#b7 ,contract authority ,except as specified in paragraph 7#b71 funds made available for the program under this section shall be available for obligation and administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code4 7#c7 ,federal share 7,a7 ,in general ,the ,federal share of the cost of a project under this section may be up to #hj percent of the total project cost4 7,b7 ,use of other ,federal funds ,a ,state may use to pay the non-,federal share of a project under this section ,federal funds apportioned or allocated to the ,state under title #bc1 ,united ,states ,code4 #bjac4 ,appalachian development highway system ,subsections 7b7 and 7c7 of section #aebh of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada2 #abf ,stat4 #ehb7 are amended by striking shall be #ajj percent and inserting shall be up to #ajj percent each place it appears4 ,b ,performance ,management #baja4 ,performance management data support program 7a7 ,performance management data support program ,section #aej of title #bc1 ,united ,states ,code1 is amended by inserting at the end the following3 7f7 ,performance management data support ,to assist metropolitan planning organizations1 ,states1 and the ,department in carrying out performance management analyses1 including the performance management requirements of this chapter1 the ,secretary shall create and maintain data sets and data analysis tools4 ,such activities may include-- 7#a7 collecting and distributing vehicle probe data describing traffic on the ,national ,highway ,system2 7#b7 collecting household travel behavior data crossing local jurisdictional boundaries to accommodate external and through travel2 7#c7 enhancing existing data collection and analysis tools to accommodate performance measures1 targets1 and related data2 7#d7 enhancing existing data analysis tools to improve performance predictions in reports described in subsection 7e7 or section #edje of title #di2 and 7#e7 developing tools to improve performance analysis and evaluate the effects of project investments on performance4 4 7b7 ,federal share ,section #abj of such title is amended by adding at the end the following3 7l7 ,performance management data support program ,the ,federal share payable on account of an activity under the performance management data support program under section #aej7;f7 shall be #ajj percent of the cost of the activity4 4 #bajb4 ,performance period adjustment 7a7 ,highway safety improvement program ,section #adh7;i7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a71 by striking by the date that is #b years after the date of the establishment of the performance targets4 7b7 ,national highway performance program ,section #aai of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#g71 by striking for #b consecutive reports submitted under this paragraph shall include in the next report submitted and inserting shall include as part of the performance target report2 and 7#b7 in subsection 7f77#a77;,a71 by striking ,if1 during #b consecutive reporting periods1 the condition of the ,interstate ,system1 excluding bridges on the ,interstate ,system1 in a ,state falls and inserting ,if a ,state reports that the condition of the ,interstate ,system1 excluding bridges on the ,interstate ,system1 has fallen4 #bajc4 ,multimodal accommodations 7a7 ,design standards ,section #aji of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking may take into account and inserting shall take into account2 and 7ii7 by striking paragraph 7#a77;,c7 and inserting the following3 7,c7 access and safety for users of all foreseeable modes of transportation4 2 and 7,b7 in paragraph 7#b71 by striking may develop and inserting shall develop2 and 7#b7 in subsection 7m71 by-- 7,a7 striking and light motorcycles2 and 7,b7 inserting 1 safe1 convenient1 and continuous before alternate route4 7b7 ,transportation alternatives 7#a7 ,federal share ,section #abj of title #bc1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 7m7 ,transportation alternatives program ,the ,federal share requirements under this section applicable to the transportation alternatives program under section #bac of this title may be met based on-- 7#a7 an individual project or activity under that section2 or 7#b7 a program of projects or activities approved under subsection 7c77#f77;,b7 of that section4 4 7#b7 ,reservation of funds ,section #bac of such title is amended in subsection 7a77#a7 by striking of fiscal years #bjac and #bjad and inserting fiscal year4 7#c7 ,eligible entities ,section #bac7;c77#d77;,b7 of such title is amended by-- 7,a7 redesignating clauses 7vi7 and 7vii7 as clauses 7viii7 and 7ix72 and 7,b7 inserting after clause 7v7 the following3 7vi7 a nonprofit organization2 7vii7 a metropolitan planning organization that is not developing the competitive process for funding2 4 7#d7 ,program of projects ,section #bac7;c7 of such title is further amended by adding at the end the following3 7#f7 ,program of projects ,funds may be obligated under this section for-- 7,a7 a project or activity eligible under subsection 7b72 or 7,b7 a program of projects or activities eligible under that subsection4 7#g7 ,administration 7,a7 ,submission of project agreement ,for each fiscal year1 each ,state shall submit a project agreement that-- 7i7 certifies that the ,state will meet all the requirements of this section2 and 7ii7 notifies the ,secretary of the amount of obligations needed to carry out the program under this section4 7,b7 ,request for adjustments of amounts ,each ,state shall request from the ,secretary such adjustments to the amount of obligations referred to in subparagraph 7,a77ii7 as the ,state determines to be necessary4 7,c7 ,effect of ,approval by the secretary ,approval by the ,secretary of a project agreement under subparagraph 7,a7 shall be deemed a contractual obligation of the ,united ,states to pay funds made available under this title4 4 ,c ,improved ,federal ,stewardship #bbja4 ,project approval and oversight ,section #ajf 7g77#d7 of title #bc1 ,united ,states ,code1 is amended by inserting at the end the following3 7,c7 ,funding 7i7 ,in general ,subject to project approval by the ,secretary1 and the limitation in clause 7iv71 a ,state may use funds made available to the ,state under section #acc7;d77#a77;,b7 to carry out its administration and oversight responsibilities under subparagraph 7,a74 7ii7 ,approval by secretary ,to obligate such funds under this subparagraph1 the ,state shall1 prior to the beginning of the fiscal year1 submit to the ,secretary for review and approval an annual work plan identifying activities to be carried out during the fiscal year4 7iii7 ,federal share ,the ,federal share of the cost of activities carried out in accordance with this subparagraph shall not exceed #hj percent4 7iv7 ,limitation ,a ,state's obligation of funds under this subparagraph shall not exceed an amount equal to #c percent of the ,state's apportioned funds available for obligation in a fiscal year as specified in section #acc7;d77#a77;,b74 4 ,d ,other #bcja4 ,letting of contracts ,section #aab of title #bc1 ,united ,states ,code1 is amended by inserting the following at the end3 7h7 ,local hiring 7#a7 ,in general ,the ,secretary or recipient of assistance under the ,federal-aid highway program may advertise1 post job opportunities on ,state job banks and with ,one ,stop centers established under the ,workforce ,investment ,act1 and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work is to be performed under the contract1 provided that-- 7,a7 all or part of the construction work performed under the contract occurs in an area that has-- 7i7 a per capita income of #hj percent or less of the national average2 or 7ii7 an unemployment rate that is1 for the most recent #bd-month period for which data are available1 at least #a percent greater than the national average unemployment rate2 7,b7 the estimated cost of the project of which the contract is a part is greater than #aj million2 and 7,c7 the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade1 except for individuals who are subject to an apprenticeship program or other training program meeting the requirements of section #adj of this title4 7#b7 ,advertisement ,in advertising and awarding a contract under this subsection1 the ,secretary or recipient of assistance shall ensure that the requirements contained in the advertisement would not-- 7,a7 compromise the quality of the project2 7,b7 unreasonably delay the completion of the project2 or 7,c7 unreasonably increase the cost of the project4 7i7 ,permissible ,restrictions ,a ,state or local law governing contracting practices that prohibits the awarding of contracts to businesses that have solicited or made contributions to political candidates1 political parties and holders of public office does not violate the requirements of this section4 4 #bcjb4 ,construction of ferry boats and ferry terminal facilities ,section #ahja7;e7 of the ,,safetea-,,lu 7#bc ,u4,s4,c4 #abi note2 ,public ,law #aji-ei71 as amended by section #aaba of the ,,map-#ba 7,public ,law #aab-ada71 is amended in paragraph 7#d77;,d7 by striking #bjad and inserting #bjah4 #bcjc4 ,green stormwater infrastructure 7a7 ,eligibility for environmental restoration and pollution abatement ,section #cbh7;a7 of title #bc ,united ,states ,code1 is amended by striking construction of stormwater treatment systems and inserting construction of stormwater treatment systems or green stormwater infrastructure4 7b7 ,eligibiity under surface transportation program ,section #acc7;b7 of such title is amended-- 7#a7 in paragraph 7#b7 by inserting and green infrastructure after material2 and 7#b7 in paragraph 7#g7 by striking wildlife1 and inserting wildlife or stormwater14 #bcjd4 ,elimination or modification of certain ,,fhwa reporting requirements 7a7 ,fundamental properties of asphalts report ,section #fjaf of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#bc ,u4,s4,c4 #cjg note7 is amended by striking subsection 7g74 7b7 ,projects of regional and national significance annual report ,section #acja of the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7#bc ,u4,s4,c4 #aja note7 is amended by striking subsection 7k74 7c7 ,express lane demonstration program reports ,section #afjd of the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7#bc ,u4,s4,c4 #abi note7 is amended by striking subsection 7b77#g77;,b74 7d7 ,surface transportation project delivery pilot program ,section #cbg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7i72 and 7#b7 by redesignating subsection 7j7 as subsection 7i74 7e7 ,expedient decisions and reviews report ,section #aci7;h77#g77;,b7 of title #bc1 ,united ,states ,code1 is amended by striking every #abj days and inserting in its place annually4 ,,iii ,public ,transportation #cjja4 ,short title2 amendments to title #di1 ,united ,states ,code 7a7 ,short title ,this title may be cited as the ,federal ,public ,transportation ,act of #bjad4 7b7 ,amendment of title #di ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 #cjjb4 ,definitions ,section #ecjb is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#bc7 as paragraphs 7#c7 through 7#bd71 respectively2 7#b7 by inserting a new paragraph 7#b7 to read as follows3 7#b7 ,base-model bus ,the term base-model bus means a heavy-duty public transportation bus manufactured to meet1 but not exceed1 transit specific minimum performance criteria developed by the ,secretary4 2 7#c7 by revising paragraph 7#e71 redesignated1 to read as follows3 7#e7 ,designated recipient ,the term designated recipient means-- 7,a7 an entity designated1 in accordance with the planning process under sections #ecjc and #ecjd of this title1 by the governor of a ,state1 responsible local officials1 and publicly owned operators of public transportation1 to receive and apportion amounts under section #eccf of this title to urbanized areas of #bjj1jjj or more in population2 7,b7 a ,state that receives and apportions amounts under sections #ecaj1 #eccf1 #eccg and #ecci of this title to urbanized areas of less than #bjj1jjj in population notwithstanding such an area's designated as a transportation management area to pursuant section #ecjc2 or 7,c7 a ,state1 or ,state authority1 if the authority is responsible under the laws of a ,state for a capital project and for financing and directly providing public transportation4 2 and 7#d7 by inserting a new paragraph at the end to read as follows3 7#be7 ,value capture ,the term value capture means recovering the increased value to property located near public transportation resulting from investments in public transportation4 4 #cjjc4 ,formula grants for enhanced mobility ,section #ecaj7;a77#a7 of title #di1 ,united ,states ,code1 is amended by inserting 1 a local governmental entity1 after designated recipient4 #cjjd4 ,formula grants for public transportation on ,indian reservations ,section #ecaa is amended-- 7#a7 by revising subsection 7c77#a77;,b7 to read as follows3 7,b7 #cj1jjj1jjj in fiscal year #bjae1 #cj1hga1ejj in fiscal year #bjaf1 #ca1gfd1gjj in fiscal year #bjag1 and #cb1fhj1ada in fiscal year #bjah shall be apportioned as formula grants1 as provided in subsection 7j74 2 7#b7 in subsection 7j77#a77;,a77iii71 by striking ,tribal lands 7as defined by the ,bureau of ,census7 and inserting ,american ,indian ,areas1 ,alaska ,native ,areas1 and ,hawaiian ,home ,lands1 as defined by the ,bureau of the ,census12 and 7#c7 by revising subsection 7j77#a77;,b7 to read as follows3 7,b7 ,limitation 7i7 ,notwithstanding subparagraph 7,a71 no recipient shall receive an apportionment under this subsection that is less than #bj1jjj2 and 7ii7 ,no recipient shall receive more than #cjj1jjj of the amounts apportioned under subparagraph 7,a77iii7 in a fiscal year4 4 #cjje4 ,workforce development programs 7a7 ,in general ,section #ecbb is amended to read as follows3 #ecbb4 ,workforce development programs 7a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,labor1 may undertake1 or make grants1 cooperative agreements1 other agreements1 or enter into contracts for programs that address human resource needs as they apply to public transportation4 ,a program may include-- 7#a7 an employment training program2 7#b7 an outreach program to increase employment of minorities1 women1 and individuals with disabilities in public transportation activities2 7#c7 research on public transportation personnel and training need2 and 7#d7 training and assistance for minority business opportunities4 7b7 ,ladders of opportunity public transportation grant program 7#a7 ,in general ,the ,secretary shall undertake1 make grants or cooperative agreements1 or enter into contracts to establish1 conduct and administer a public transportation workforce development program that addresses critical workforce issues and prepares individuals for employment and career pathways in public transportation1 including in the area of public transportation technology4 7#b7 ,programs ,eligible public transportation workforce development programs under this subsection may include apprenticeship programs that are registered under the ,national ,apprenticeship ,act 7#bi ,u4,s4,c4 #ej et seq471 non-registered apprenticeship programs1 skill development programs1 skill improvement programs1 and on-the-job training programs1 that-- 7,a7 are1 to the extent possible1 nationally or regionally significant in scope2 7,b7 replicate a successful workforce development model adopted in multiple geographic locations2 7,c7 target areas with high rates of unemployment2 7,d7 are designed to address current or projected workforce shortages2 7,e7 give priority to minorities1 women1 individuals with disabilities1 veterans1 low-income populations and other underserved populations2 7,f7 are designed to provide career pathways that support the movement of targeted populations from initial or short-term employment opportunities to sustainable careers2 and 7,g7 other critical activities as identified by the ,secretary4 7#c7 ,program outcomes ,recipients of assistance pursuant to this subsection shall require that apprenticeship1 skill development1 skill improvement1 and on-the-job training programs utilized to carry out this subsection demonstrate program outcomes including-- 7,a7 impact on reducing public transportation workforce shortages in the area served2 7,b7 diversity of training participants2 7,c7 number of participants obtaining certifications or credentials required for specific types of employment2 7,d7 employment outcome1 including job placement1 job retention1 and wages1 using performance metrics established in consultation with the ,secretary of ,labor and consistent with metrics used by programs under the ,workforce ,investment ,act2 and 7,e7 to the extent practical1 evidence that the program did not preclude workers that are participating in training or apprenticeship activities from being referred to1 or hired on1 projects funded under this chapter without regard to the length of time of their participation in such program4 7#d7 ,coordination ,recipients of assistance under this subsection shall-- 7,a7 identify the training needs1 apprenticeship1 skill development programs1 and on-the-job training to be implemented at the local level in coordination with entities such as local employers1 local transit operators1 labor union organizations1 ,workforce ,investment ,boards1 ,state workforce agencies1 ,state ,apprenticeship ,agencies 7where applicable71 ,university ,transportation ,centers1 ,community ,colleges1 and community-based organizations representing minority1 disability1 and low-income populations2 and 7,b7 to the extent practicable1 conduct local training programs in coordination with existing local training programs supported by the ,u4,s4 ,department of ,transportation1 the ,u4,s4 ,department of ,labor 7including registered apprenticeship programs71 and the ,u4,s4 ,department of ,education4 7#e7 ,research and program evaluation ,the ,secretary shall conduct research and an impact evaluation based on measurable outcomes of the training1 apprenticeship1 skill development and skill improvement programs1 and on-the-job training funded under this subsection4 ,in the second1 fourth and sixth year following the enactment of this subsection1 the ,secretary shall conduct an aggregate analysis of the national impact related to workforce shortage1 diversity1 and job placement4 7c7 ,national public transportation institute 7#a7 ,in general ,the ,secretary may enter into grants1 contracts or cooperative agreements1 and other agreements1 awarded on a competitive basis1 to conduct a national public transportation institute to develop and conduct training and educational programs for ,federal1 ,state1 and local transportation employees1 ,united ,states citizens1 and foreign nationals engaged or to be engaged in ,government-aid public transportation work4 7#b7 ,cooperative effort ,in cooperation with the ,secretary1 ,state transportation departments1 public transportation authorities1 ,state workforce agencies1 and national and international entities1 the institute under paragraph 7#a7 shall develop and conduct training and educational programs for ,federal1 ,state1 and local transportation employees1 ,united ,states citizens1 and foreign nationals engaged or to be engaged in public transportation work4 7#c7 ,training and educational programs ,the training and educational programs developed under paragraph 7#b7 may include courses in recent developments1 techniques1 and procedures related to-- 7,a7 intermodal and public transportation planning2 7,b7 management2 7,c7 environmental factors2 7,d7 acquisition and joint use rights-of-way2 7,e7 engineering and architectural design2 7,f7 procurement strategies for public transportation systems2 7,g7 turnkey approaches to delivering public transportation systems2 7,h7 new technologies2 7,i7 emission reduction technologies2 7,j7 ways to make public transportation accessible to individuals with disabilities2 7,k7 construction1 construction management1 insurance1 and risk management2 7,l7 maintenance2 7,m7 contract administration2 7,n7 inspection2 7,o7 innovative finance2 7,p7 workplace safety2 and 7,q7 public transportation security4 7#d7 ,providing education and training ,education and training of ,federal1 ,state1 and local public transportation employees under this subsection shall be provided-- 7,a7 by the ,secretary at no cost to the ,states and local governments for subjects that are a ,government program responsibility2 or 7,b7 when the education and training are paid under paragraph 7#e7 of this subsection1 by the ,state1 with the approval of the ,secretary1 through grants and contracts with public and private agencies1 other institutions1 individuals1 and the institute4 7d7 ,use for administration and technical assistance ,the ,secretary may use up to #a percent of the amounts made available to carry out this section to administer1 oversee1 and provide technical assistance for the activities and programs developed and conducted with this section4 7e7 ,government's share of costs ,a grant1 cooperative agreement1 other agreement1 or contract awarded under this section may be up to #ajj percent of the cost of the project4 7f7 ,availability of amounts 7#a7 ,up to #j4e percent of the amounts made available to a recipient under sections #ecjg1 #eccg and #ecci is available for expenditure by the recipient1 with the approval of the ,secretary1 to pay up to #hj percent of the cost of eligible activities under this section2 and 7#b7 ,a recipient may transfer amounts under paragraph 7#a7 to existing local training programs supported by the ,secretary1 the ,u4,s4 ,department of ,labor1 and the ,u4,s4 ,department of ,education4 4 7b7 ,conforming amendment ,the analysis for chapter #ec is amended by striking the item relating to section #ecbb and inserting the following3 #ecbb4 ,workforce development programs4 4 #cjjf4 ,general provisions ,section #ecbc is amended-- 7#a7 ,in subsection 7i71 by redesignating paragraphs 7#a7 and 7#b7 as 7#b7 and 7#c71 respectively and inserting a new paragraph 7#a7 to read as follows3 7#a7 ,acquisition of base-model buses ,a grant for the acquisition of a base-model bus for use in public transportation may be up to #he percent of the net project cost4 2 7#b7 in subsection 7j7-- 7,a7 by revising paragraph 7#b77;,c7 to read as follows3 7,c7 ,rolling stock procurement ,when procuring rolling stock 7including train control1 communication1 traction power equipment1 and rolling stock prototypes7 under this chapter-- 7i7 the cost of components and subcomponents produced in the ,united ,states-- 7,i7 for fiscal year #bjae is more than #fj percent of the cost of all components of the rolling stock2 7,,ii7 for fiscal year #bjaf is more than #gj percent of the cost of all components of the rolling stock2 7,,iii7 for fiscal year #bjag is more than #hj percent of the cost of all components of the rolling stock2 and 7,,iv7 for fiscal year #bjah is more than #ij percent of the cost of all components of the rolling stock2 and 7ii7 final assembly of the rolling stock1 including rolling stock prototypes1 has occurred in the ,united ,states2 or 2 7,b7 by redesignating paragraphs 7#c7 through 7#i7 as paragraphs 7#d7 through 7#aj71 respectively2 and 7,c7 by inserting a new paragraph 7#c7 following paragraph 7#b71 to read as follows3 7#c7 ,rolling stock cost and assembly ,beginning in fiscal year #bjai1 when procuring rolling stock1 including rolling stock prototypes1 the cost of the components and subcomponents produced in the ,united ,states shall be #ajj percent and final assembly shall occur in the ,united ,states4 2 and 7#c7 by inserting a new subsection at the end to read as follows3 7s7 ,value capture revenue eligible for local share ,notwithstanding any other provision of law1 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 chapter4 4 #cjjg4 ,public transportation local hiring ,section #ecbe is amended-- 7#a7 in subsection 7a7 by striking ,recipients of assistance and inserting ,except as provided in subsections 7k7 and 7l71 recipients of assistance2 7#b7 in subsection 7h71 by striking ,a grant awarded and inserting ,except as provided in subsections 7k7 and 7l71 a grant awarded2 and 7#c7 by inserting a new subsection 7l7 at the end to read as follows3 7l7 ,local hiring 7#a7 ,in general ,a recipient of assistance may post job opportunities on ,state job banks and with ,one ,stop ,centers established under the ,workforce ,investment ,act1 and may advertise and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work to be performed is for construction work required under the contract1 provided that-- 7,a7 all or part of the construction work performed under the contract occurs in an area that has-- 7i7 a per capita income of #hj percent or less of the national average2 or 7ii7 an unemployment rate that is for the most recent #bd-month period for which data are available at least #a percent greater than the national average unemployment rate2 7,b7 the estimated cost of the project of which the contract is a part is greater than #aj1jjj1jjj2 and 7,c7 the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade1 except for individuals who are subject to an apprenticeship program or other training program meeting the requirements of section #eccb of this title4 7#b7 ,advertisement ,in advertising and awarding a contract under this subsection1 the ,secretary or a recipient of assistance shall ensure that the requirements contained in the advertisement would not-- 7,a7 compromise the quality of the project2 7,b7 unreasonably delay the completion of the project2 or 7,c7 unreasonably increase the cost of the project4 4 #cjjh4 ,public transportation safety program 7a7 ,in general ,section #ecbi7;e7 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#i7 as paragraphs 7#d7 through 7#aj71 respectively2 7#b7 by adding the following after paragraph 7#b73 7#c7 ,state participation 7,a7 ,an eligible ,state having within its jurisdiction #a or more rail fixed guideway public transportation systems in revenue service1 design or construction that have fewer than #a1jjj1jjj combined actual and projected rail fixed guideway revenue miles per year or which provide fewer than #aj1jjj1jjj combined actual and projected unlinked passenger trips per year may request1 in writing1 that the ,secretary oversee the safety of such systems consistent with the oversight and enforcement authority under this section4 7,b7 ,should a ,state be granted an exemption under this subparagraph 7,c71 the ,state will not be subject to the ,state safety oversight requirements under this subsection and shall not be eligible to receive a ,state ,safety ,oversight grant authorized under paragraph 7#f7 of this subsection4 7,c7 ,the ,secretary shall provide an exemption to a ,state that meets the criteria under subparagraph 7,a7 within #cj days of the ,secretary's receipt of the ,state's request or inform the ,state of the reason an exemption cannot be granted4 2 and 7#c7 in paragraph 7#g71 as redesignated-- 7,a7 by striking shall be #hj and insert may be up to #ajj2 and 7,b7 by striking clauses 7ii7 and 7iii7 and redesignating clause 7iv7 as clause 7ii74 7b7 ,public transportation safety enforcement ,section #ecbi7;g7 is amended to read as follows3 7g7 ,enforcement 7#a7 ,types of enforcement actions ,the ,secretary may take enforcement action against recipient that does not comply with ,federal law with respect to the safety of the public transportation system1 including-- 7,a7 issuing directives2 7,b7 requiring more frequent oversight of the recipient by a ,state safety oversight agency or the ,secretary2 7,c7 imposing more frequent reporting requirements2 7,d7 requiring that any ,federal financial assistance provided under this chapter be spent on correcting safety deficiencies identified by the ,secretary or the ,state safety oversight agency before such funds are spent on other projects2 7,e7 withholding financial assistance under this chapter in an amount to be determined by the ,secretary2 7,f7 issuing penalties pursuant to paragraph 7#b72 7,g7 instituting a civil action pursuant to paragraph 7#d72 and 7,h7 issuing orders1 including orders issued pursuant to paragraph 7#g74 7#b7 ,penalties ,the ,secretary has the authority-- 7,a7 to establish1 impose and compromise a civil penalty for a violation of a public transportation safety regulation promulgated or order issued under this section2 7,b7 to establish1 impose and compromise a civil penalty for violation of the alcohol and controlled substances testing provisions under section #ecca of this chapter2 7,c7 to request an injunction for a violation of a public transportation safety regulation promulgated or order issued under this section2 and 7,d7 to notify the ,attorney ,general when the ,secretary receives evidence of a possible criminal violation under paragraph 7#f74 7#c7 ,deposit of civil penalties ,an amount collected by the ,secretary under this section shall be credited to the ,federal ,transit ,administration's formula and bus appropriations account to carry out subsection 7e74 7#d7 ,enforcement by the attorney general ,at the request of the ,secretary1 the ,attorney ,general shall bring a civil action-- 7,a7 for appropriate injunctive relief to ensure compliance with this section2 7,b7 to collect a civil penalty imposed or an amount agreed upon in a compromise under paragraph 7#a7 of this subsection2 or 7,c7 to enforce a subpoena1 request for admissions1 request for production of documents or other tangible things1 or request for testimony by deposition issued by the ,secretary under this section4 7#e7 ,jurisdiction ,an action under paragraph 7#c7 of this subsection may be brought in a district court of the ,united ,states in any ,state in which the relief is required4 ,on a proper showing1 the court shall issue a temporary restraining order or preliminary or permanent injunction4 ,an injunction under this section may order a public transportation agency receiving assistance under this chapter to comply with this section1 or a regulation promulgated under this section4 7#f7 ,criminal penalty ,a person who knowingly violates this section or a public transportation safety regulation or order issued under this section shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both2 except that the maximum amount of imprisonment shall be #aj years in any case in which the violation results in death or bodily injury to any person4 ,for purposes of this paragraph-- 7,a7 a person acts knowingly when the person has actual knowledge of the facts giving rise to the violation2 and 7,b7 actual knowledge of the existence of a statutory provision1 or a regulation or a requirement imposed by the ,secretary is not an element of an offense under this paragraph4 7#g7 ,emergency authority 7,a7 ,ordering restrictions and prohibitions ,if1 through testing1 inspection1 investigation1 or research carried out under this section1 the ,secretary decides that an unsafe condition or practice1 or a combination of unsafe conditions and practices1 causes an emergency situation involving a hazard of death1 personal injury1 or significant harm to the environment1 the ,secretary immediately may order restrictions and prohibitions1 without regard to section #eec and section #eed of title #e1 ,united ,states ,code1 that may be necessary to abate the emergency situation4 7,b7 ,emergency condition or practice ,the order shall describe the condition or practice1 or a combination of conditions and practices1 that causes the emergency situation and promulgate standards and procedures for obtaining relief from the order4 ,this paragraph does not affect the ,secretary's discretion under this subsection to maintain the order in effect for as long as the emergency situation exists4 7,c7 ,review of orders ,after issuing an order under this subsection1 the ,secretary shall provide an opportunity for review of the order under section #eed of title #e1 ,united ,states ,code4 ,if a petition for review is filed and the review is not completed by the end of the #cj-;day period beginning on the date the order was issued1 the order stops being effective at the end of that period unless the ,secretary decides in writing that the emergency situation still exists4 7,d7 ,civil actions to compel issuance of orders ,an employee of a rail fixed guideway public transportation system provider who may be exposed to imminent physical injury during that employment because of the ,secretary's failure1 without any reasonable basis1 to issue an order under paragraph 7#a7 of this subsection1 or the employee's authorized representative1 may bring a civil action against the ,secretary in a district court of the ,united ,states to compel the ,secretary to issue an order4 ,the action shall be brought in the judicial district in which the emergency situation is alleged to exist1 in which the employing provider has its principal executive office1 or in the ,district of ,columbia4 ,the ,secretary's failure to issue an order under paragraph 7#a7 of this subsection may be reviewed only under section #gjf of title #e1 ,united ,states ,code4 4 7c7 ,disclosure of safety information ,section #ecbi is amended by inserting the following at the end3 7l7 ,limitation on public disclosure of safety information 7#a7 ,in general ,a report1 data1 investigation1 or other information1 or any portion thereof1 submitted to1 developed1 produced1 collected1 or obtained by the ,secretary or his representative for purposes of enhancing public transportation safety1 including information related to a transit provider's safety plan1 safety risks1 and mitigation measures1 shall not be disclosed to the public pursuant to section #ebb7;b77#c77;,b7 of title #e if the ,secretary or his representative determines-- 7,a7 the receipt of the information aids in fulfilling the ,secretary's safety responsibilities2 and 7,b7 withholding such information from disclosure is necessary to the safety or security of public transportation systems4 7#b7 ,exception for de-identified information 7,a7 ,in general ,paragraph 7#a7 shall not apply to a report1 data1 investigation or other information if the information contained in the report1 data1 investigation or other information collected or obtained by the ,secretary or his representative has been de-identified4 7,b7 ,de-identified defined ,in this subsection1 the term de-identified means the process by which all information that is likely to establish the identity of specific persons or entities submitting reports1 data1 investigation or other information is removed from the reports1 data1 or investigation1 or other information4 4 #cjji4 ,authorizations ,section #ecch is amended to read as follows3 7a7 ,transit formula grants 7#a7 ,in general ,there shall be available from the ,mass ,transit ,account of the ,transportation ,trust ,fund to carry out ,federal public transportation assistance program under sections #ecje1 #ecjg1 #ecaj1 #ecaa1 #ecah1 #ecbb7;d71 #eccd1 #ecce1 #eccg1 #ecci1 and #ecdj of this title1 and section #bjjje7;b7 of the ,federal ,public ,transportation ,act of #bjab1 as amended1 #ac1iad1djj1jjj in fiscal year #bjae1 #ad1adj1jjj1jjj in fiscal year #bjaf1 #ad1cgb1jjj1jjj in fiscal year #bjag1 and #ad1faj1jjj1jjj in fiscal year #bjah4 7#b7 ,allocation of funds ,of the amounts made available under paragraph 7#a7-- 7,a7 #aca1hai1gjf shall be available for fiscal year #bjae1 #ace1ajc1cid for fiscal year #bjaf1 #ach1did1cic for fiscal year #bjag1 and #ada1iib1gjb for fiscal year #bjah1 to provide financial assistance for planning under section #ecje2 7,b7 #aj1bcd1ddi shall be available for fiscal year #bjae1 #aj1dhi1cid for fiscal year #bjaf1 #aj1geb1fgj for fiscal year #bjag1 and #aa1jbd1bgh for fiscal year #bjah1 to carry out the pilot program for transit--oriented development planning under section #bjjje7;b7 of ,public ,law #aab-aad1 as amended2 7,c7 #d1efc1ahb1fid shall be available for fiscal year #bjae1 #d1fgf1hec1fdj for fiscal year #bjaf1 #d1gid1bci1cbc for fiscal year #bjag1 and #d1iae1cci1gdc for fiscal year #bjah1 to provide financial assistance under the section #ecjg urbanized area formula grant program pursuant to section #eccf2 7,d7 #bfd1cee1hbc shall be available for fiscal year #bjae1 #bgj1ida1jdf for fiscal year #bjaf1 #bgg1gda1dgc for fiscal year #bjag1 and #bhd1geg1ajc for fiscal year #bjah1 to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section #ecaj2 7,e7 #fbb1jdi1hbc shall be available for fiscal year #bjae1 #fcg1ede1cfe for fiscal year #bjaf1 #fec1edg1bih for fiscal year #bjag1 and #fgj1jee1fba for fiscal year #bjah1 to provide financial assistance for rural areas under section #ecaa2 7,f7 #c1jgj1cce shall be available for fiscal year #bjae1 #c1adf1hah for fiscal year #bjaf1 #c1bbe1hja for fiscal year #bjag1 and #c1cjg1bhc for fiscal year #bjah1 to provide financial assistance for bus testing under section #ecah2 7,g7 #e1aag1bbe shall be available for fiscal year #bjae1 #e1bdd1fig for fiscal year #bjaf1 #e1cgf1cce for fiscal year #bjag1 and #e1eab1aci for fiscal year #bjah1 to provide financial assistance to the national transit institute under section #ecbb7;d72 7,h7 #aad1djj1jjj shall be available for fiscal year #bjae1 #abj1jjj1jjj for fiscal year #bjaf1 #abf1jjj1jjj for fiscal year #bjag1 and #acb1jjj1jjj for fiscal year #bjah1 for administrative expenses to carry out ,federal transit assistance programs under this chapter2 7,i7 #c1idj1bfc shall be available for fiscal year #bjae1 #d1jch1dag for fiscal year #bjaf1 #d1aci1ggh for fiscal year #bjag1 and #d1bdd1cdg for fiscal year #bjah1 to carry out ,national ,transit ,database activities under section #ecce2 7,j7 #e1gai1jjj1jjj shall be available for fiscal year #bjae1 #e1gge1jjj1jjj for fiscal year #bjaf1 #e1hcb1jjj1jjj for fiscal year #bjag1 and #e1hij1jjj1jjj for fiscal year #bjah1 to provide financial assistance for state of good repair activities under section #eccg2 7,k7 #a1ici1jjj1jjj shall be available for fiscal year #bjae1 #a1iej1jjj1jjj for fiscal year #bjaf1 #a1ifa1jjj1jjj for fiscal year #bjag1 and #a1igb1jjj1jjj for fiscal year #bjah1 to provide financial assistance the bus and bus facilities program under section #ecci2 and 7,l7 #ech1bbi1fhd shall be available for fiscal year #bjae1 #eea1fcg1bbi for fiscal year #bjaf1 #efe1dhb1ibi for fiscal year #bjag1 and #egi1gff1ghd for fiscal year #bjah1 and shall be allocated in accordance with section #ecdj to provide financial assistance for urbanized areas under section #ecjg and rural areas under section #ecaa4 7b7 ,capital investment grants ,there shall be available from the ,mass ,transit ,account of the ,transportation ,trust ,fund to carry out section #ecji1 #b1ejj1jjj1jjj in fiscal year #bjae1 #b1fbe1jjj1jjj in fiscal year #bjaf1 #b1gef1jjj1jjj in fiscal year #bjag1 and #b1hid1jjj1jjj in fiscal year #bjah4 7c7 ,transit research and training 7#a7 ,in general ,there shall be available from the ,mass ,transit ,account of the ,transportation ,trust ,fund to carry out ,federal public transportation research and training programs under sections #ecab1 #ecac1 #ecad1 and #ecbb7;a71 7b71 7c7 and 7e71 #fj1jjj1jjj for fiscal year #bjae1 #fa1jjj1jjj for fiscal year #bjaf1 #fc1jjj1jjj for fiscal year #bjag1 and #fg1jjj1jjj for fiscal year #bjah4 7#b7 ,allocation of funds ,of the amounts made available under paragraph 7#a7-- 7,a7 #bf1jjj1jjj shall be available for fiscal year #bjae1 #bg1jjj1jjj for fiscal year #bjaf1 #bi1jjj1jjj for fiscal year #bjag1 and #ca1jjj1jjj for fiscal year #bjah1 to carry out research under section #ecab2 7,b7 #g1jjj1jjj shall be available in each fiscal year #bjae through #bjah to carry out transit cooperative research under section #ecac2 7,c7 #g1jjj1jjj shall be available for each fiscal year #bjae through #bjag1 and #i1jjj1jjj for fiscal year #bjah1 to carry out technical assistance and standards development under section #ecad2 and 7,d7 #bj1jjj1jjj shall be available for each fiscal year #bjae through #bjah to carry out human resources and training under section #ecbb 7a71 7b71 7c7 and 7e74 7d7 ,emergency relief ,there shall be available from the ,mass ,transit ,account of the ,transportation ,trust ,fund to carry out section #ecbd of this title1 #be1jjj1jjj for each fiscal year #bjae through #bjah4 7e7 ,rapid growth area transit program ,there shall be available from the ,mass ,transit ,account of the ,transportation ,trust ,fund to carry out section #ecda of this title1 #ejj1jjj1jjj for fiscal year #bjae1 #ebe1jjj1jjj for fiscal year #bjaf1 #eej1jjj1jjj for fiscal year #bjag1 and #fjj1jjj1jjj for fiscal year #bjah4 7f7 ,oversight 7#a7 ,in general ,of the amounts made available to carry out this chapter for a fiscal year1 the ,secretary may use not more than the following amounts for the activities described in paragraph 7#b73 7,a7 #j4e percent of amounts made available to carry out section #ecje4 7,b7 #j4ge percent of amounts made available to carry out section #ecjg4 7,c7 #a4e percent of amounts made available to carry out section #ecji4 7,d7 #a percent of amounts made available to carry out section #fja of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abf ,stat4 #difh74 7,e7 #j4e percent of amounts made available to carry out section #ecaj4 7,f7 #j4e percent of amounts made available to carry out section #ecaa4 7,g7 #j4ge percent of amounts made available to carry out section #eccg4 7,h7 #j4ge percent of amounts made available to carry out section #ecci4 7#b7 ,activities ,the activities described in this paragraph are as follows3 7,a7 ,activities to oversee the construction of a major capital project4 7,b7 ,activities to review and audit the safety and security1 procurement1 management1 and financial compliance of a recipient or subrecipient of funds under this chapter4 7,c7 ,activities to provide technical assistance generally1 and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section4 7#c7 ,government share of costs ,the ,government shall pay the entire cost of carrying out a contract under this subsection4 7#d7 ,availability of certain funds ,funds made available under paragraph 7#a77;,c7 shall be made available to the ,secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement4 7g7 ,grants as contractual obligations ,a grant or contract that is approved by the ,secretary and financed with amounts made available from the ,mass ,transit ,account of the ,highway ,trust ,fund pursuant to this section is a contractual obligation of the ,government to pay the ,government share of the cost of the project4 7h7 ,availability of amounts ,amounts made available by or appropriated under this section shall remain available until expended4 4 #cjaj4 ,bus and bus facilities program 7a7 ,in general ,section #ecci is amended as follows3 7#a7 ,the section heading is amended by striking ,formula4 7#b7 ,subsection 7c7 is amended-- 7,a7 by revising paragraph 7#a7 to read as follows3 7#a7 ,recipients ,eligible recipients under this section are ,states and local governmental entities that operate fixed route bus service or designated recipients that allocate funding to fixed route bus operators4 2 and 7,b7 in paragraph 7#b71 by striking designated4 7#c7 ,subsection 7d7 is amended-- 7,a7 by striking the matter preceding paragraph 7#a7 and inserting3 7d7 ,distribution of grants funds ,funds made available under section #ecch to carry out this section shall be allocated as follows3 2 7,b7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,c7 by inserting a new paragraph 7#a7 to read as follows3 7#a7 ,competitive allocation ,thirty percent shall be distributed on a competitive basis by the ,secretary4 4 7#d7 ,subsection 7e7 is amended-- 7,a7 in paragraph 7#a7 by striking subsection 7d77#a7 and inserting subsection 7d77#b72 and 7,b7 in paragraph 7#b7 by striking subsection 7d77#b7 and inserting subsection 7d77#c74 7#e7 ,subsection 7g7 is amended-- 7,a7 by inserting at the end of the first sentence under subsections 7d77#b7 and 7d77#c7 or three years after the fiscal year in which the project competitively selected under subsection 7d77#a7 is announced2 and 7,b7 by revising the second sentence to read as follows3 ,not later than #cj days after the end of the #c-year period described in the preceding sentence-- 7#a7 any amount allocated under subsection 7d77#a7 that is not obligated on the last day of that period shall be added to the amount that may be available under such subsection in the next fiscal year2 and 7#b7 any amount apportioned under subsection 7d77#b7 and 7d77#c7 that is not obligated on the last day of that period shall be added to the amount that may be apportioned under such subsections in the next fiscal year4 4 7b7 ,chapter analysis ,the analysis for chapter #ec is amended by striking the item relating to section #ecci and inserting the following3 #ecci4 ,bus and ,bus ,facilities ,program4 4 #cjaa4 ,rapid growth area transit program 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting at the end the following3 #ecda4 ,rapid ,growth ,area ,transit ,program 7a7 ,in general ,the ,secretary may make grants on a competitive basis to ,state and local governmental entities for bus rapid transit projects1 which may include acquisition of right-of-way or land for purposes of future enhancements to public transportation in the project corridor4 ,such projects shall serve a high-traffic transportation artery located in an urbanized or rural area that-- 7#a7 has experienced moderate to significant population growth between the #bjjj and #bjaj decennial census of population2 and 7#b7 has a transit system in revenue service that-- 7,a7 has experienced a moderate to significant increase in ridership2 and 7,b7 has the financial capacity to pay operating expenses for the existing system and an expanded system4 7b7 ,government's share of costs 7#a7 ,federal transit assistance ,a grant for a bus rapid transit project financed from amounts made available to carry out this section shall be for up to #ej percent of the net capital costs of the project4 7#b7 ,federal-aid highway assistance ,up to #cj percent of the net project costs may be derived from the ,surface ,transportation ,program and the ,congestion ,mitigation and ,air ,quality ,improvement ,program4 7#c7 ,remainder of net capital project cost ,the remainder of the net capital project cost shall be provided from an undistributed cash surplus1 a replacement or depreciation cash fund or reserve1 or new capital4 4 7b7 ,chapter analysis ,the analysis for chapter #ec is amended by inserting at the end the following3 #ecda4 ,rapid ,growth ,area ,transit ,program4 4 #cjab4 ,technical corrections 7a7 ,statewide and nonmetropolitan transportation planning ,section #ecjd is amended-- 7#a7 in subsection 7d77#b77;,b77ii7-- 7,a7 by striking urbanized2 and 7,b7 by striking with a population of fewer than #bjj1jjj1 as calculated according to the most recent decennial census1 and2 and 7#b7 in subsection 7d77#b77;,c7-- 7,a7 by striking title #bc and by inserting this ,chapter2 7,b7 by striking urbanized2 and 7,c7 by striking with a population of fewer than #bjj1jjj1 as calculated according to the most recent decennial census1 and4 7b7 ,urbanized area formula grant program ,section #ecjg is amended in subsections 7a77#b77;,a7 and 7,b71 by inserting before during each place it appears the following3 or general demand response service4 7c7 ,fixed guideway capital investment grants ,section #ecji is amended-- 7#a7 in subsections 7d77#a77;,b7 and 7g77#b77;,a77i71 by striking policies and land use patterns that promote public transportation1 in each place it appears2 7#b7 in subsection #ecji7;d77#b77;,a7-- 7,a7 in clause 7iii7 by inserting and after the semicolon preceding the matter in subparagraph 7iv72 7,b7 by striking clause 7iv72 and 7,c7 by redesignating clause 7v7 as clause 7iv74 7d7 ,research1 development1 demonstration1 and deployment projects ,section #ecab is amended-- 7#a7 in subsection 7d77#e77;,a7-- 7,a7 in clause 7i77,,ii71 by striking section #ecjc and inserting #bc ,u4,s4,c4 #aja7;a77#ad72 and 7,b7 by striking clause 7vi71 and inserting the following3 7vi7 ,recipient ,the term recipient means a designated recipient1 a local governmental entity1 or a ,state that receives a ,federal low or no emissions vehicle grant for an urbanized area eligible under clause 7i7 of this paragraph directly from the ,government4 2 7#b7 in subsection 7d77#e77;,c77ii71 by striking #ecbc7;j7 and inserting #ecbc7;i72 and 7#c7 in subsection 7d77#e77;,d71 by revising the matter preceding clause 7i7 to read as follows3 7,d7 ,allocations ,of the amounts made available to carry out this section in each fiscal year1 a sum1 in an amount to be determined by the ,secretary1 shall be available to carry out this paragraph1 of which-- 4 7e7 ,bicycle facilities ,section #ecai is amended-- 7#a7 in the first sentence1 after #ecjg by striking 1 #ecji12 7#b7 by striking ,notwithstanding sections #ecjg7;d71 #ecji7l71 and #ecaa7;g71 a and inserting ,a2 and 7#c7 by striking #ecjg7;d77#a77,k7 and inserting #ecjg7;c77#a77,k74 7f7 ,human resources and training ,section #ecbb7;d77#d7 is amended by striking subsection and inserting section44 7g7 ,apportionments of ,appropriations for formula grants ,section #eccf7;a7 is amended by striking 7h77#d7 and inserting 7h77#e74 7h7 ,state of good repair program ,section #eccg is amended-- 7#a7 in subsection 7c77#b77;,b7 by striking #eccf7;b77#a7 and inserting #eccf7;b77#b72 7#b7 in subsection 7d77#a7 by striking a facility with access for other high-occupancy vehicles and inserting high occupancy vehicle lanes during peak hours2 7#c7 in subsection 7d77#b7 by inserting vehicle after motorbus2 and 7#d7 by inserting the following at the end3 7e7 ,government share of costs 7#a7 ,capital projects ,a grant for a capital project under this section shall be for #hj percent of the net project cost of the project4 ,the recipient may provide additional local matching amounts4 7#b7 ,remaining costs ,the remainder of the net project costs shall be provided from an undistributed cash surplus1 a replacement or depreciation cash fund or reserve1 or new capital4 4 7i7 ,oversight ,section #ecch7;i77#a7 is amended-- 7#a7 in subparagraph 7,g71 by striking section #eccg7;c7 and inserting section #eccg2 and 7#b7 by adding the following at the end3 7,h7 #j4ge percent of the amounts made available to carry out section #ecci4 4 7j7 ,bus and bus facilities formula program ,section #ecci is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting before financing the following3 only for the purposes of2 and 7,b7 by striking rehabilitate and inserting rebuild2 and 7#b7 by revising subsection 7c7 to read as follows3 7c7 ,eligible recipients and subrecipients 7#a7 ,recipients ,eligible recipients under this section are designated recipients that allocate funds to fixed route bus operators or ,state or local governmental entities that operate fixed route bus service4 7#b7 ,subrecipients ,a recipient that receives a grant under this section may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation4 4 7k7 ,growing states and high density states ,section #ecdj7;b7 is amended by striking #ecch7;b77#b77,m7 and inserting #ecch7;a77#b77,k74 7l7 ,technical corrections to surface transportation board jurisdiction ,section #ajeja7;c7 is amended-- 7#a7 in clause 7#a77;,a77i71 by striking #ecjb7;a7 and inserting #ecjb2 7#b7 in subparagraph 7#a77;,b71 by striking mass transportation and inserting public transportation and by striking #ecjb7;a7 and inserting #ecjb2 and 7#c7 in subparagraph 7#b77;,a71 by striking mass transportation and inserting public transportation4 #cjac4 ,technical corrections of title ,,ii1 division ,b1 of ,,map-#ba ,section #bjjac7;d7 of ,public ,law #aab-ada is amended by striking #ecjg7;c7 and inserting #ecjg7;b74 #cjad4 ,elimination of ,,fta annual research reporting requirement ,section #ecab is amended-- 7#a7 by striking subsection 7e72 and 7#b7 by redesignating subsection 7f7 as subsection 7e74 ,,iv ,highway and ,motor ,vehicle ,safety ,a ,traffic ,safety #djja4 ,authorization of appropriations 7a7 ,in general ,the following sums are authorized to be appropriated out of the ,highway ,account of the ,transportation ,trust ,fund3 7#a7 ,highway safety programs ,for carrying out section #djb of title #bc1 ,united ,states ,code-- 7,a7 #bda1adf1cea for fiscal year #bjae2 7,b7 #bec1bjc1ffi for fiscal year #bjaf2 7,c7 #bfe1hfc1heb for fiscal year #bjag2 and 7,d7 #bgi1aeg1jde for fiscal year #bjah4 7#b7 ,highway safety research and development ,for carrying out section #djc of title #bc1 ,united ,states ,code-- 7,a7 #aag1jjj1jjj for fiscal year #bjae2 7,b7 #abb1hej1jjj for fiscal year #bjaf2 7,c7 #abh1iib1ejj for fiscal year #bjag2 and 7,d7 #ace1ddb1abe for fiscal year #bjah4 7#c7 ,national priority safety programs ,for carrying out section #dje of title #bc1 ,united ,states ,code-- 7,a7 #bgh1gje1jai for fiscal year #bjae2 7,b7 #bib1fdj1bgj for fiscal year #bjaf2 7,c7 #cjg1bgb1bhc for fiscal year #bjag2 and 7,d7 #cbb1fce1hih for fiscal year #bjah4 7#d7 ,national driver register ,for carrying out section #cjc of title #di1 ,united ,states ,code-- 7,a7 #e1jjj1jjj for fiscal year #bjae2 7,b7 #e1bej1jjj for fiscal year #bjaf2 7,c7 #e1eab1ejj for fiscal year #bjag2 and 7,d7 #e1ghh1abe for fiscal year #bjah4 7#e7 ,high visibility enforcement program ,for carrying out section #bjji of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note7-- 7,a7 #bi1jjj1jjj for fiscal year #bjae2 7,b7 #cj1dej1jjj for fiscal year #bjaf2 7,c7 #ca1igb1ejj for fiscal year #bjag2 and 7,d7 #cc1ega1abe for fiscal year #bjah4 7#f7 ,administrative expenses ,for administrative and related operating expenses of the ,national ,highway ,traffic ,safety ,administration in carrying out chapter #d of title #bc1 ,united ,states ,code1 and this subtitle-- 7,a7 #bh1adh1fcj for fiscal year #bjae2 7,b7 #bi1eef1jfb for fiscal year #bjaf2 7,c7 #ca1jcc1hfe for fiscal year #bjag2 and 7,d7 #cb1ehe1eeh for fiscal year #bjah4 7b7 ,prohibition on other uses ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 in this subtitle and in the amendments made by this subtitle1 the amounts made available from the ,highway ,account of the ,transportation ,trust ,fund for a program under such chapter-- 7#a7 shall only be used to carry out such program2 and 7#b7 may not be used by ,states or local governments for construction purposes4 7c7 ,applicability of title #bc ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 and in this subtitle1 amounts made available under subsection 7a7 for fiscal years #bjae through #bjah shall be available for obligation in the same manner as if such funds were apportioned or allocated under chapter #a of title #bc1 ,united ,states ,code4 7d7 ,regulatory authority ,grants awarded under this subtitle shall be in accordance with regulations issued by the ,secretary4 7e7 ,state matching requirements ,if a grant awarded under this subtitle requires a ,state to share in the cost1 the aggregate of all expenditures for highway safety activities made during any fiscal year by the ,state and its political subdivisions 7exclusive of ,federal funds7 for carrying out the grant 7other than planning and administration7 shall be available for the purpose of crediting the ,state during such fiscal year for the non-,federal share of the cost of any project under this subtitle 7other than planning or administration7 without regard to whether such expenditures were actually made in connection with such project4 7f7 ,grant ,application and deadline ,to receive a grant under this subtitle1 a ,state shall submit an application1 and the ,secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year4 #djjb4 ,highway safety programs 7a7 ,section #djb7;a7 amendments ,section #djb7;a77#b77;,a7 of title #bc1 ,united ,states ,code1 is amended by-- 7#a7 striking and at the end of clause 7vi72 7#b7 redesignating clause 7vii7 as clause 7ix72 and 7#c7 inserting after clause 7vi7 the following3 7vii7 to reduce injuries and deaths to older drivers2 7viii7 to improve emergency medical services response to crash sites2 and 4 7b7 ,section #djb7;b7 amendments ,section #djb7;b77#a77;,f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating clauses 7iii7 through 7v7 as clauses 7iv7 through 7vi71 respectively2 and 7#b7 by inserting after clause 7ii7 the following3 7iii7 countermeasures designed to decrease deaths and injuries to pedestrians and bicyclists traveling in the roadways2 4 7c7 ,section #djb7;c7 amendments ,section #djb7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7 by striking ,funds apportioned under this section to any ,state1 and all that follows2 7#b7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,reduction in ,apportionment 7,a7 ,nonapproved programs ,funds apportioned under this section to any ,state1 that does not have a highway safety program approved by the ,secretary or that is not implementing an approved program1 shall be reduced by amounts equal to not less than #bj percent of the amounts that would otherwise be apportioned to the ,state under this section1 until such time as the ,secretary approves such program or determines that the ,state is implementing an approved program1 as appropriate4 ,the ,secretary shall consider the gravity of the ,state's failure to have or implement an approved program in determining the amount of the reduction4 7,b7 ,high risk ,in consultation with the ,state1 the ,secretary shall take appropriate steps to address any deficiencies if a ,state is determined to be high-risk under regulations or procedures of the ,secretary1 taking into consideration responsibility1 financial stability1 and management and staffing capabilities4 ,in the fiscal year in which a ,state has been determined high-risk1 the ,secretary shall redirect funds sufficient to address the deficiency4 ,if the ,state fails to take adequate steps to address the deficiency within #ab months after a high-risk designation1 in the next fiscal year the ,secretary shall reduce funds under this section by not less than #bj percent of the amounts that would otherwise be apportioned to the ,state under this section4 ,the ,secretary shall consider the gravity of the ,state's failure to address the deficiency in determining the amount of the reduction4 ,the ,secretary shall increase the amount of the reduction in each subsequent fiscal year in which the ,state fails to take adequate steps to address the deficiency4 2 and 7#d7 in paragraph 7#d71 as redesignated-- 7,a7 by striking or after highway safety program and inserting a comma2 and 7,b7 by inserting or determines that the ,state has taken adequate steps to address a deficiency after approved program4 7d7 ,section #djb7;g7 amendment ,section #djb of title #bc1 ,united ,states ,code1 is amended by striking subsection 7g7 and inserting after subsection 7f7 the following3 7g7 ,restriction ,nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction1 maintenance1 or design 7other than design of safety features of highways to be incorporated into guidelines74 4 #djjc4 ,amendment to section #dje national priority safety programs transfer authority ,section #dje7;a77#a77;,g7 of title #bc1 ,united ,states ,code1 is amended by adding after the last sentence the following3 ,if the ,secretary reallocates any amounts to increase the amount made available under section #djb1 the ,state shall use not less than #cj percent for the purposes of pedestrian and bicycle safety if the ,state's combined pedestrian and bicycle fatalities exceed #e percent of the ,state's total crash fatalities1 based on the most recently reported final data from the ,fatality ,analysis ,reporting ,system44 #djjd4 ,amendment to motorcyclist safety grant criteria ,section #dje7;f7 of title #bc1 ,united ,states ,code1 is amended by inserting the following after paragraph 7#e73 7#f7 ,support activity ,the ,secretary or the ,secretary's designee may engage in activities with ,states and ,state legislators to consider proposals related to motorcycle helmet use laws4 4 #djje4 ,amendment to graduated driver licensing incentive grant criteria ,section #dje of title #bc1 ,united ,states ,code1 is amended by striking subsection 7g7 and inserting the following3 7g7 ,state graduated driver licensing incentive grant 7#a7 ,grants authorized ,the ,secretary shall award grants to ,states that adopt and implement graduated driver licensing laws that require novice drivers younger than #ah years of age to comply with the #b-stage licensing process described in paragraph 7#b7 before receiving an unrestricted driver's license4 7#b7 ,minimum requirements ,a ,state's driver's license laws shall include-- 7,a7 a learner's permit stage that-- 7i7 is at least #f months in duration1 but must remain in effect until the driver reaches #af years of age2 7ii7 requires that the driver be accompanied and supervised at all times while such driver is operating a motor vehicle by a licensed driver who is at least #ba years of age1 is the driver's parent or guardian1 or is a ,state-certified driving instructor2 and 7iii7 has at least two of the following criteria3 7,i7 a prohibition on the driver using a personal wireless communications device1 as defined in subsection 7e77#i77;,b71 while driving except under an exception permitted in subsection 7e77#d71 and violation of which is a primary offense2 7,,ii7 a requirement that the driver obtain at least #dj hours of behind-the-wheel training with a licensed driver who is at least #ba years of age1 is the driver's parent or guardian1 or is a ,state-certified driving instructor2 7,,iii7 a requirement that the driver attend a driver training course2 or 7,,iv7 a requirement that the driver not be convicted1 for a period of six consecutive months immediately prior to entering the intermediate stage or receiving an unrestricted driver's license1 of any offense under ,state or local law relating to the use or operation of a motor vehicle2 7,b7 an intermediate stage that-- 7i7 is at least #f months in duration2 7ii7 restricts driving at night2 7iii7 for a period of not less than six months1 prohibits the driver from operating a motor vehicle with more than #a nonfamilial passenger younger than #ba years of age unless a licensed driver who is at least #ba years of age1 is the driver's parent or guardian1 or is a ,state-certified driving instructor is in the motor vehicle2 and 7iv7 has at least one of the following criteria3 7,i7 a requirement that the intermediate stage remain in effect until the driver reaches #ah years of age2 7,,ii7 a prohibition on the driver using a personal wireless communications device1 as defined in subsection 7e77#i77;,b71 while driving except under an exception permitted in subsection 7e77#d71 and violation of which is a primary offense2 or 7,,iii7 a requirement that the driver not be convicted1 for a period of six consecutive months immediately prior to receiving an unrestricted driver's license1 of any offense under ,state or local law relating to the use or operation of a motor vehicle2 and 7,c7 any other requirement prescribed by the ,secretary4 7#c7 ,exception ,a ,state that otherwise meets the minimum requirements set forth in paragraph 7#b7 shall be deemed by the ,secretary to be in compliance with the requirement set forth in paragraph 7#b7 if the ,state enacted a law before ,january #a1 #bjaa1 establishing a class of license that permits licensees or applicants younger than #ah years of age to drive a motor vehicle-- 7,a7 in connection with work performed on1 or for the operation of1 a farm owned by family members who are directly related to the applicant or licensee2 or 7,b7 if demonstrable hardship would result from the denial of a license to the licensees or applicants4 7#d7 ,grants to states that implement national driver education standards and enhanced intermediate stage restrictions 7,a7 ,in general ,the ,secretary shall make a separate grant under this paragraph1 in accordance with subparagraphs 7,b7 and 7,c71 to each ,state that implements national driver education and training standards prescribed by the ,national ,highway ,traffic ,safety ,administration and enhanced intermediate stage restrictions4 7,b7 ,first year ,a ,state is eligible for the grant described in this paragraph if the ,state-- 7i7 has not received a grant under this paragraph in a prior fiscal year2 7ii7 receives a grant in the same fiscal year pursuant to paragraph 7#a72 7iii7 has satisfied the criterion described in paragraph 7#b77;,a77iii77,,iii7 for the same fiscal year2 and 7iv7 submits a plan1 approved by the ,secretary1 to implement national driver education and training standards prescribed by the ,national ,highway ,traffic ,safety ,administration4 7,c7 ,successive years ,a ,state is eligible for the grant described in this paragraph if the ,state-- 7i7 has received a grant under this paragraph in a prior fiscal year2 7ii7 receives a grant in the same fiscal year pursuant to paragraph 7#a72 7iii7 has satisfied the criterion described in paragraph 7#b77;,a77iii77,,iii7 for the same fiscal year2 7iv7 demonstrates1 to the satisfaction of the ,secretary1 that it is implementing the plan described in subparagraph 7,b77iv72 7v7 imposes the restrictions described in paragraph 7#b77;,b77ii7 beginning no later than #aj3jj pm2 and 7vi7 imposes the restrictions described in paragraph 7#b77;,b77iii7 for the entire intermediate stage4 7,d7 ,funding ,not more than #cc percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the ,secretary for making grants under this paragraph4 7#e7 ,grant amount ,the allocation of grant funds to a ,state under this subsection for a fiscal year shall be in proportion to the ,state's apportionment under section #djb for fiscal year #bjji4 7#f7 ,use of grant amounts ,of the grant funds received by a ,state under this subsection-- 7,a7 at least #be percent shall be used for-- 7i7 enforcing a #b-stage licensing process that complies with paragraph 7#b72 7ii7 training for law enforcement personnel and other relevant ,state agency personnel relating to the enforcement described in clause 7i72 7iii7 publishing relevant educational materials that pertain directly or indirectly to the ,state graduated driver licensing law2 7iv7 carrying out other administrative activities that the ,secretary considers relevant to the ,state's #b-stage licensing process2 or 7v7 carrying out a teen traffic safety program described in section #djb7m72 and 7,b7 up to #ge percent may be used for any eligible project or activity under section #djb4 4 #djjf4 ,amendment to ignition interlock grant criteria ,section #dje7;d77#f7 of title #bc1 ,united ,states ,code1 is amended by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,the ,secretary shall make a separate grant under this subsection to each ,state that adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive-- 7i7 a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock installed2 or 7ii7 a requirement to participate in a #bd-g sobriety program1 if-- 7,i7 a ,state-certified ignition interlock provider is not available within #ajj miles of the individual's residence2 or 7,,ii7 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 individual4 4 #djjg4 ,amendment to repeat offender and open container criteria 7a7 ,definitions ,section #afd7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#d7 as paragraphs 7#b7 through 7#e71 respectively2 7#b7 by inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 #bd-g sobriety program ,the term #bd-g sobriety program means a ,state law or program that authorizes a ,state court or a ,state agency to-- 7,a7 require an individual who plead guilty or was convicted of driving under the influence of alcohol to totally abstain from alcohol for a period of time2 and 7,b7 require the individual to be subject to testing for alcohol-- 7i7 at least twice per day2 or 7ii7 by continuous transdermal alcohol monitoring via an electronic monitoring device4 2 7#c7 in paragraph 7#e71 as redesignated1 by striking subparagraph 7,a7 and inserting the following3 7,a7 receive1 for a period of not less than #a year1 one or more of the following penalties-- 7i7 a suspension of all driving privileges2 7ii7 a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed2 7iii7 a requirement to participate in a #bd-g sobriety program1 if-- 7,i7 a ,state-certified ignition interlock provider is not available within #ajj miles of the individual's residence2 or 7,,ii7 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 individual2 or 7iv7 any other restriction established by regulations promulgated by the ,secretary2 2 7#d7 in paragraph 7#e71 as redesignated1 by striking subparagraph 7,b72 and 7#e7 in paragraph 7#e71 as redesignated1 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively4 7b7 ,transfer of funds ,section #afd7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking among the uses authorized under subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 and paragraph 7#c74 and inserting among the uses authorized under subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 paragraph 7#c71 and1 beginning in fiscal year #bjae1 subparagraph 7,c742 and 7#b7 by inserting the following after paragraph 7#b77;,b73 7,c7 ,additional uses of funds ,beginning in fiscal year #bjae1 of the funds transferred under subparagraph 7,b77i7-- 7i7 not less than #e percent shall be expended for pedestrian and bicycle safety activities if the ,state's combined pedestrian and bicycle fatalities exceed #e percent of the ,state's total crash fatalities1 based on the most recently reported final data from the ,fatality ,analysis ,reporting ,system2 and 7ii7 not more than #fj percent may be directed to ,state and local law enforcement agencies for enforcement of laws that can lead to the detection of impaired drivers1 including the purchase of equipment1 the training of officers1 and the use of additional personnel dedicated to enforcement4 4 7c7 ,transfer of funds ,section #aed7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking use those reserved funds in accordance with subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 and paragraph 7#c74 and inserting use those reserved funds in accordance with subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 paragraph 7#c71 and1 beginning in fiscal year #bjae1 subparagraph 7,c74 2 and 7#b7 by inserting the following after paragraph 7#b77;,b73 7,c7 ,additional uses of funds ,beginning in fiscal year #bjae1 of the funds transferred under subparagraph 7,b77i7-- 7i7 not less than #e percent shall be expended for pedestrian and bicycle safety activities if the ,state's combined pedestrian and bicycle fatalities exceed #e percent of the ,state's total crash fatalities1 based on the most recently reported final data from the ,fatality ,analysis ,reporting ,system2 and 7ii7 not more than #fj percent may be directed to ,state and local law enforcement agencies for enforcement of laws that can lead to the detection of impaired drivers1 including the purchase of equipment1 the training of officers1 and the use of additional personnel dedicated to enforcement4 4 #djjh4 ,amendment to distracted driving grant criteria ,section #dje7;e7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 by inserting and at the end of subparagraph 7,b72 and 7,b7 by striking subparagraph 7,c7 and redesignating subparagraph 7,d7 as subparagraph 7,c72 7#b7 in paragraph 7#d77;,c71 by striking section #caaeb and inserting section #caacf2 7#c7 in paragraph 7#e71 by striking ,of and inserting ,except as provided in paragraph 7#f77;,b71 of2 7#d7 by striking paragraph 7#f7 and inserting after paragraph 7#e7 the following3 7#f7 ,distracted driving enforcement grants 7,a7 ,in general ,the ,secretary may use up to #ej percent of the amounts available for grants under this subsection to award grants to a ,state that-- 7i7 in fiscal year #bjae-- 7,i7 has a basic text messaging statute1 as determined by the ,secretary1 that is applicable to drivers of all ages2 7,,ii7 makes violation of the statute a primary offense2 7,,iii7 participates in the annual distracted driving law enforcement mobilization coordinated by the ,secretary2 and 7,,iv7 is otherwise ineligible for a grant under this subsection2 7ii7 in fiscal year #bjaf-- 7,i7 meets the requirements of subparagraph 7,a77i72 and 7,,ii7 has a statute that establishes a minimum fine for a first violation and increased fines for repeat violations of the statute2 and 7iii7 in fiscal year #bjag-- 7,i7 meets the requirements of subparagraphs 7,a77i7 and 7,a77ii72 and 7,,ii7 has a statute that prohibits a driver who is younger than #ah years of age from using a personal wireless communications device while driving4 7,b7 ,use of grant funds2 enforcement grants 7i7 ,subject to subparagraphs 7,b77ii7 and 7,b77iii71 amounts received by a ,state under subparagraph 7,a7 may be used for activities related to the enforcement of distracted driving laws as follows3 7ii7 ,in fiscal year #bjaf1 up to #ae percent for any eligible project or activity under section #djb4 7iii7 ,in fiscal year #bjag1 up to #be percent for any eligible project or activity under section #djb4 2 and 7#e7 by striking paragraph 7#h71 redesignating paragraph 7#g7 as paragraph 7#h71 and inserting after paragraph 7#f71 as amended by this ,act1 the following3 7#g7 ,grant amount ,the allocation of grant funds to a ,state under this subsection shall be in proportion to the ,state's apportionment under section #djb for fiscal year #bjji4 4 #djji4 ,streamlining of national priority safety programs ,section #dje7;a77#a7 of title #bc1 ,united ,states ,code1 is amended by striking subparagraph 7,h74 #djaj4 ,amendment to highway research and development ,section #djc of title #bc1 ,united ,states ,code1 is amended by inserting at the end the following3 7i7 ,federal share ,the ,federal share of the cost of any project or activity carried out under this section may be up to #ajj percent if so specified in the project agreement4 4 ,b ,motor ,vehicle ,safety #daja4 ,authorization of appropriations 7a7 ,in general ,the following sums are authorized to be appropriated out of the ,highway ,account of the ,transportation ,trust ,fund to carry out chapter #cja of title #di1 ,united ,states ,code1 and part ,c of subtitle ,,vi of title #di1 ,united ,states ,code3 7#a7 #aeb1jjj1jjj for fiscal year #bjae2 7#b7 #aei1fjj1jjj for fiscal year #bjaf2 7#c7 #afg1ehj1jjj for fiscal year #bjag2 and 7#d7 #age1iei1jjj for fiscal year #bjah4 7b7 ,contract authority ,the amounts made available under subsection 7a7 shall be available for obligation in the same manner as if such funds were apportioned or allocated under chapter #a of title #bc1 ,united ,states ,code1 except that the ,federal share of the cost of any project or activity carried out under chapter #cja of title #di1 ,united ,states ,code1 or part ,c of subtitle ,,vi of title #di1 ,united ,states ,code1 shall be #ajj percent or as otherwise provided in the project agreement4 #dajb4 ,recall obligations under bankruptcy ,section #cjabj;,a of title #di1 ,united ,states ,code is amended by striking chapter #aa of title #aa1 and inserting chapter #g or chapter #aa of title #aa4 #dajc4 ,prohibition on rendering safety elements inoperative ,section #cjabb of title #di1 ,united ,states ,code1 is amended by revising subsection 7b7 to read as follows3 7b7 ,prohibition 7#a7 ,except as provided in paragraph 7#b7 of this subsection1 a person may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard prescribed under this chapter unless the person reasonably believes the vehicle or equipment will not be used 7except for testing or a similar purpose during maintenance or repair7 when the device or element is inoperative4 7#b7 ,the prohibition in paragraph 7#a7 does not apply to modifications made by an individual to a motor vehicle or item of equipment owned or leased by that individual4 4 #dajd4 ,cooperation with foreign governments 7a7 ,title #di amendment ,section #cjahb7;b7 of title #di1 ,united ,states ,code1 is amended by inserting after paragraph 7#e7 the following3 7#f7 enter into cooperative agreements 7in coordination with the ,department of ,state7 and collaborative research and development agreements with foreign governments4 4 7b7 ,title #bc amendment ,section #djc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b77;,c71 by inserting foreign government 7in coordination with the ,department of ,state7 after institution12 and 7#b7 in subsection 7c77#a77;,a71 by inserting foreign governments1 after local governments14 #daje4 ,functional safety process 7a7 ,standards ,section #cjaaa of title #di1 ,united ,states ,code1 is amended-- 7#a7 by revising the heading of the section to read as follows3 #cjaaa4 ,standards and functional safety process 2 and 7#b7 by inserting the following after subsection 7e73 7f7 ,functional safety process ,the ,secretary shall prescribe requirements or guidelines for the design1 functional safety process1 verification and validation1 and development of safety-related electronics or software used in motor vehicles and motor vehicle equipment to ensure that they are likely to function as intended and contain fail safe features4 ,the requirements shall be in the form of regulations or guidelines4 ,in prescribing regulations or guidelines under this subsection1 the ,secretary shall consider existing relevant safety information and motor vehicle safety standards4 4 7b7 ,section #cjafe7a7 of title #di1 ,united ,states ,code1 is amended by inserting #cjaaa7;f71 after section4 7c7 rming amendment ,the analysis for chapter #cja is amended by striking the item relating to section #cjaaa and inserting the following3 #cjaaa4 ,standards and functional safety process4 4 #dajf4 ,notification of defect or noncompliance and imminent hazard authority 7a7 ,in general ,section #cjaah of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c71 by inserting or electronic mail after certified mail2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,imminent hazard 7#a7 ,if the ,secretary makes an initial decision that a defect or noncompliance presents an immediate likelihood of death or serious injury to the public1 the ,secretary may determine that an imminent hazard exists4 ,in such case1 the ,secretary shall-- 7,a7 immediately notify the manufacturer2 7,b7 make the initial decision available for public inspection2 and 7,c7 provide the opportunity for the manufacturer to present1 not later than #aj calendar days after the initial decision under this subsection1 information1 views1 and arguments4 7#b7 ,as soon as practicable after following the procedures under paragraph 7#a71 the ,secretary shall make a final decision and shall1 as appropriate1 require the manufacturer to take corrective action4 4 7b7 ,procedures ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue procedures to implement section #cjaah7;f7 of title #di1 ,united ,states ,code1 consistent with the provisions of chapter #cja of title #di and the ,administrative ,procedure ,act4 #dajg4 ,amendment to judicial review provisions 7a7 ,in general ,section #cjafa of title #di1 ,united ,states ,code1 is amended-- 7#a7 by revising the heading of the section to read as follows3 #cjafa4 ,judicial review of orders and standards 2 and 7#b7 by striking the first sentence of subsection 7a71 and inserting the following3 ,except for an order to issue provisional notification under section #cjaba of this title1 which may not be reviewed1 a person adversely affected by an order issued under this chapter1 a rule prescribing a motor vehicle safety standard under this chapter1 or any other final agency action taken under this chapter may apply for review of the order1 rule1 or action by filing a petition for review in the ,court of ,appeals of the ,united ,states for the circuit in which the person resides or has its principal place of business or the ,district of ,columbia ,circuit4 7b7 ,recalls enforcement ,section #cjafc of title #di1 ,united ,states ,code1 is amended by adding the following at the end3 7f7 ,actions ,to enforce recall orders ,in an action brought under subsection 7a7 of this section concerning an order issued under section #cjaah7;b7 of this title1 the ,attorney ,general need only prove that the ,secretary provided appropriate notification to the manufacturer under section #cjaah and need not establish the substantive validity of the order1 which may only be challenged by the manufacturer through the timely filing of a petition under section #cjafa of this title4 ,if an action is brought under subsection 7a7 of this section prior to the expiration of the time available for the filing of a petition under section #cjafa1 the manufacturer may seek a stay of the district court action until the resolution of any petition for review under section #cjafa4 7g7 ,actions ,to collect a civil penalty ,the ,attorney ,general may bring a civil action in a ,united ,states ,district ,court to collect a civil penalty or to collect an amount agreed upon in compromise by the ,secretary under section #cjafe of this title4 4 7c7 ,conforming amendment ,the analysis for chapter #cja is amended by striking the item relating to section #cjafa and inserting the following3 #cjafa4 ,judicial review of orders and standards 4 #dajh4 ,inspection authority under automobile fuel economy statute ,section #cbiaj of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,a71 striking inspect and copy records of any person at reasonable times1 and inserting conduct an inspection or investigation that may be necessary to enforce this chapter or a regulation prescribed or order issued under this chapter2 and 7#b7 by redesignating subsections 7b71 7c7 and 7d7 as 7c71 7d7 and 7e71 respectively1 and inserting after subsection 7a7 the following3 7b7 ,matters that can be inspected and impoundment ,in carrying out this chapter1 an officer or employee designated by the ,secretary of ,transportation-- 7#a7 at reasonable times1 may inspect and copy any record related to this chapter2 7#b7 on request1 may inspect records of a manufacturer1 distributor1 or dealer to decide whether the manufacturer1 distributor1 or dealer has complied or is complying with this chapter or a regulation prescribed or order issued under this chapter2 and 7#c7 at reasonable times1 in a reasonable way1 and on display of proper credentials and written notice to an owner1 operator1 or agent in charge1 may-- 7,a7 enter and inspect with reasonable promptness premises in which a motor vehicle or motor vehicle equipment is manufactured1 held for introduction in interstate commerce1 or held for sale after introduction in interstate commerce2 7,b7 inspect with reasonable promptness that vehicle or equipment2 and 7,c7 impound for not more than #gb hours that vehicle or equipment4 4 #daji4 ,recall authority over rental car companies and used car dealers 7a7 ,sale1 lease or rental restrictions ,section #cjabj7;i7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7i7 ,limitation on sale1 lease or rental of vehicles or equipment 7#a7 ,after receipt of a notification of a defect or noncompliance about a motor vehicle or new item of replacement equipment under section #cjaai of this title1 a dealer may sell or lease that motor vehicle or new item of replacement equipment1 and a rental company may rent that vehicle1 only if-- 7,a7 the defect or noncompliance is remedied as required by this section before delivery under the sale1 lease or rental agreement2 or 7,b7 when the notification is required by an order under section #cjaah7;b7 of this title1 enforcement of the order is restrained or the order is set aside in a civil action to which section #cjaba7;d7 of this title applies4 7#b7 ,this subsection does not prohibit a dealer from offering for sale or lease the vehicle or equipment4 7#c7 ,as used in this subsection1 the term rental company means a person who is engaged in the business of renting a motor vehicle that has a gross vehicle weight rating of #aj1jjj pounds or less1 is rented without a driver for an initial term of less than #d months and is part of a motor vehicle fleet of #e or more motor vehicles that are used for rental purposes4 4 7b7 ,sale or lease of used motor vehicles ,section #cjabj of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,limitation on sale or lease of used motor vehicles 7#a7 ,a person who sold at least #aj motor vehicles during the prior #ab months to purchasers that in good faith purchase the vehicles other than for resale1 may not sell or lease a used motor vehicle until any defect or noncompliance determined under section #cjaah of this title with respect to the vehicle has been remedied4 7#b7 ,paragraph 7#a7 shall not apply if-- 7,a7 notification of the defect or noncompliance with respect to the vehicle is required under section #cjaah7;b7 but enforcement of the order is set aside in a civil action to which section #cjaba7;b7 applies2 or 7,b7 if at the time of sale or lease-- 7i7 the recall information regarding a used motor vehicle was not available using the means established by the ,secretary under section #cacja of ,public ,law #aab-ada2 and 7ii7 notification under section #cjaai was not received by the seller or lessor4 7#c7 ,as used in this subsection1 the term used motor vehicle means a motor vehicle that has been purchased previously other than for resale4 4 #daaj4 ,civil penalties ,section #cjafe7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting or causes the violation of after violates in the first sentence2 7,b7 by striking #e1jjj and inserting #be1jjj2 7,c7 by striking #ce1jjj1jjj and inserting #cjj1jjj1jjj2 and 7,d7 by inserting at the end of the paragraph the following3 ,an individual is liable under this section only for willfully causing or committing a violation4 ,an individual who has been instructed to commit a violation by a person of greater authority in the entity in which the individual is employed has not acted willfully2 7#b7 in paragraph 7#b7-- 7,a7 by striking #aj1jjj in subparagraph 7,a7 and inserting #ajj1jjj2 and 7,b7 by striking #ae1jjj1jjj in subparagraph 7,b7 and inserting #cjj1jjj1jjj2 and 7#c7 in paragraph 7#c7-- 7,a7 by striking #e1jjj and inserting #be1jjj2 and 7,b7 by striking #ce1jjj1jjj and inserting #cjj1jjj1jjj4 #daaa4 ,technical corrections to the ,motor ,vehicle and ,highway ,safety ,improvement ,act of #bjab 7a7 ,highway safety programs ,section #djb of title #bc1 ,united ,states ,code is amended-- 7#a7 in subsection 7b77#a77;,c71 by striking except as provided in paragraph 7#c712 7#b7 in subsection 7b77#a77;,e7-- 7,a7 by striking in which a ,state and inserting for which a ,state2 and 7,b7 by striking subsection 7f7 and inserting subsection 7k72 and 7#c7 in subsection 7k77#d71 by striking paragraph 7#b77;,a7 and inserting paragraph 7#c77;,a74 7b7 ,highway safety research and development ,section #djc7;e7 of title #bc1 ,united ,states ,code is amended by inserting of title #di1 ,united ,states ,code after chapter #cja4 7c7 ,national priority safety programs ,section #dje of title #bc1 ,united ,states ,code is amended-- 7#a7 in subsection 7d77#e71 by striking section #djb7;c7 and inserting section #djb2 7#b7 by striking subsection 7f77#b71 and inserting the following3 7#b7 ,grant amount ,the allocation of grant funds to a ,state under this subsection for a fiscal year shall be in proportion to the ,state's apportionment under section #djb for fiscal year #bjji1 provided that the amount of a grant awarded to a ,state for a fiscal year may not exceed #be percent of the amount apportioned to the ,state under section #djb for fiscal year #bjji4 2 and 7#c7 in subsection 7f77#d77;,a77iv71 by striking under subsection 7g74 7d7 ,open container requirements ,section #aed of title #bc1 ,united ,states ,code is amended-- 7#a7 in subsection 7c77#c77;,a71 by striking transferred and inserting reserved2 and 7#b7 in subsection 7c77#e71 by inserting or released after transferred4 7e7 ,minimum penalties for repeat offenders for driving while intoxicated or driving under the influence ,section #afd of title #bc1 ,united ,states ,code is amended-- 7#a7 in subsection 7b77#c77;,a71 by striking transferred and inserting reserved2 and 7#b7 in subsection 7b77#e71 by inserting or released after transferred4 ,v ,motor ,carrier ,safety ,program #ejja4 ,amendment of title #di1 ,united ,states ,code ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 ,a ,commercial ,motor ,vehicle ,safety #eaja4 ,commercial motor vehicle defined ,section #caaja7a7 is amended to read as follows3 7#a7 commercial motor vehicle means 7except in section #caajf of this title7 a self-propelled or towed vehicle used on the highways in commerce to transport passengers or property1 if the vehicle-- 7,a7 has a gross vehicle weight rating or gross vehicle weight of at least #aj1jja pounds1 whichever is greater2 7,b7 is designed or used to transport more than #h passengers 7including the driver7 for compensation2 7,c7 is designed or used to transport more than #ae passengers1 including the driver1 and is not used to transport passengers for compensation2 or 7,d7 is used in transporting material found by the ,secretary of ,transportation to be hazardous under section #eajc of this title and transported in a quantity requiring placarding under regulations prescribed by the ,secretary under section #eajc of this title4 4 #eajb4 ,motor carrier operations affecting interstate commerce 7a7 ,prohibited transportation ,section #eba7;b77#e7 is amended by inserting after paragraph 7,b7 the following3 7,c7 ,if an employee1 vehicle1 or all or part of an employer's commercial motor vehicle operations has been ordered out of service pursuant to paragraph 7#e77;,a71 the commercial motor vehicle operations of the employee1 vehicle or employer that affect interstate commerce are also prohibited4 4 7b7 ,prohibition on operation in ,interstate commerce after nonpayment of penalties ,section #eba7;b77#h7 is amended-- 7#a7 by striking ,an owner or operator of a commercial motor vehicle and inserting ,a person in subparagraph 7,a72 7#b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7#c7 by inserting after subparagraph 7,a7 the following3 7,b7 ,a person prohibited from operating in interstate commerce pursuant to paragraph 7#h77;,a7 may not operate any commercial motor vehicle where such operation affects interstate commerce4 2 and 7#d7 by striking commercial motor vehicle owners and operators in subparagraph 7,c7 7as redesignated by paragraph 7#b77 and inserting a person4 #eajc4 ,bus rentals and definition of employer ,paragraph 7#c7 of section #caacb is amended to read as follows3 7#c7 employer-- 7,a7 means a person engaged in a business affecting interstate commerce that-- 7i7 owns or leases a commercial motor vehicle in connection with that business1 or assigns an employee to operate the commercial motor vehicle2 or 7ii7 offers for rent or lease a motor vehicle designed or used to transport more than #h passengers1 including the driver1 and from the same location or as part of the same business provides names or contact information of drivers1 or holds itself out to the public as a charter bus company2 but 7,b7 does not include the ,government1 a ,state1 or a political subdivision of a ,state4 4 #eajd4 ,high-risk carrier reviews 7a7 ,high-,risk carrier reviews ,section #caajd7;b7 7as amended by section #edja7 is amended by adding at the end of paragraph 7#b7 the following3 ,from the funds authorized by this subsection1 the ,secretary shall ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk4 ,at a minimum1 a review shall be conducted whenever a motor carrier is among the highest risk carriers for #b consecutive months4 4 7b7 ,conforming amendment ,section #dach of the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7#di ,u4,s4,c4 #caadd note7 is repealed4 #eaje4 ,new entrant safety audits ,section #caadd7;g7 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 by striking shall and inserting may2 and 7,b7 by striking each owner and each operator and inserting an owner or operator2 7#b7 in paragraph 7#a77;,b7-- 7,a7 by striking shall and inserting may2 and 7,b7 by striking each owner and each operator and inserting an owner or operator2 7#c7 by striking paragraph 7#c72 7#d7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively2 and 7#e7 in paragraph 7#c71 as redesignated1 by striking after the date on which section #caadh7;b7 is first implemented shall and inserting may4 #eajf4 ,imminent hazard actions ,section #eba7;b77#e77;,a7 is amended-- 7#a7 by striking that such and inserting that a request for review must be made in writing within #ae days after issuance of the order1 and if timely requested1 the2 7#b7 by striking occur and inserting commence2 and 7#c7 by striking issuance of such order and inserting receipt of the request for review4 #eajg4 ,international commerce transported on highways through the ,united ,states 7a7 ,section #aceja7a7 is amended by-- 7#a7 in subparagraph 7,d71 striking or2 7#b7 in subparagraph 7,e71 striking and at the end and inserting or2 and 7#c7 inserting the following3 7,f7 a foreign county and another foreign county1 or between two places in the same foreign country1 to the extent the transportation is in the ,united ,states2 and 4 7b7 ,section #caacb7d7 is amended by-- 7#a7 striking a place in a ,state and2 7#b7 in subparagraph 7,a7-- 7,a7 inserting a place in a ,state and before a place outside that ,state2 7,b7 striking or2 and 7#c7 in subparagraph 7,b7-- 7,a7 inserting a place in a ,state and before another place2 7,b7 striking the period and inserting and2 and 7,c7 inserting at the end the following3 7,c7 a foreign county and another foreign county1 or between two places in the same foreign country1 to the extent the trade1 traffic1 or transportation is in the ,united ,states4 4 ,b ,driver ,safety ,provisions #ebja4 ,commercial driver's license requirements 7a7 ,licensing standards ,section #cacje7;a77#g7 is amended by inserting would not be subject to a disqualification under section #cacaj7;g7 of this title and after taking the tests4 7b7 ,disqualifications ,section #cacaj7;g77#a7 is amended by deleting who holds a commercial driver's license and4 #ebjb4 ,disqualifications based on non-commercial motor vehicle operations 7a7 ,first offense ,section #cacaj7;b77#a77;,d7 is amended by deleting commercial twice1 after revoked1 suspended1 or canceled based on the individual's operation of a and again after disqualified from operating a commercial motor vehicle based on the individual's operation of a4 7b7 ,second offense ,section #cacaj7;c77#a77;,d7 is amended by striking commercial twice1 after revoked1 suspended1 or canceled based on the individual's operation of a and again after disqualified from operating a commercial motor vehicle based on the individual's operation of a4 #ebjc4 ,recording of ,federal disqualifications on ,,cdlis ,section #cacaa7;a77#ae7 is amended by-- 7#a7 inserting 7,a7 after 7#ae72 and 7#b7 inserting after clause 7,a71 as redesignated1 the following3 7,b7 ,not later than #aj days after receiving notice from the ,secretary that an individual has been disqualified by the ,secretary from operating a commercial motor vehicle1 the ,state shall-- 7i7 disqualify the individual from operating a commercial motor vehicle for the period of the ,federal disqualification2 and 7ii7 notify the operator of the information system under section #cacji of this title to record the disqualification and the violation that resulted in the disqualification4 4 #ebjd4 ,failure ,to pay civil penalty as a disqualifying offense 7a7 ,in general ,chapter #caa is amended by inserting after section #caaea the following3 #caaeb4 ,disqualification for failure to pay ,an individual assessed a civil penalty under this chapter1 or chapters #e1 #ea1 or #adi of this title1 or a regulation issued under any of those provisions1 who fails to pay the penalty or fails to comply with the terms of a settlement with the ,secretary1 shall be disqualified from operating a commercial motor vehicle4 ,the disqualification shall continue until the penalty has been paid1 or the individual complies with the terms of the settlement1 unless such nonpayment is because the individual is a debtor in a case under chapter #aa of title #aa1 ,united ,states ,code4 4 7b7 ,technical amendments ,section #cacaj is amended-- 7#a7 by redesignating subsections 7h7 through 7k7 as subsections 7i7 through 7l71 respectively2 7#b7 by inserting after subsection 7g7 the following3 7h7 ,disqualification for failure ,to pay ,the ,secretary shall disqualify from operating a commercial motor vehicle any individual failing to pay a civil penalty within the prescribed period1 or failing to conform to the terms of any settlement with the ,secretary4 ,the disqualification shall continue until the penalty has been paid1 or the individual conforms to the terms of the settlement1 unless the nonpayment is because the individual is a debtor in a case under chapter #aa of title #aa1 ,united ,states ,code4 2 and 7#c7 in subsection 7i7 7as redesignated by paragraph 7#a7 of this subsection7 by striking ,notwithstanding subsections 7b7 through 7g7 and inserting ,notwithstanding subsections 7b7 through 7h74 7c7 ,conforming amendment ,the analysis of chapter #caa is amended by inserting after the item relating to section #caaea the following3 #caaeb4 ,disqualification for failure to pay4 4 #ebje4 ,controlled substance violations ,section #cacaj7;d7 is amended by-- 7#a7 inserting after ,controlled ,substance ,violations4-- the following3 7#a7 ,an individual who receives a verified positive ,,dot drug test is disqualified from operating a commercial motor vehicle and remains disqualified until the individual completes the substance abuse professional evaluation and treatment and return to duty process under part #dj1 subpart ,o of title #di1 ,code of ,federal ,regulations4 2 and 7#b7 inserting 7#b7 before ,the ,secretary4 ,c ,medical and ,registration ,provisions #ecja4 ,effect of driving on commercial motor vehicle operators ,section #caacf7;a77#d7 is amended to read as follows3 7#d7 the operation of commercial motor vehicles does not have a significantly adverse effect on the physical condition of the operators2 and 4 #ecjb4 ,jurisdiction over brokers of motor carriers of passengers ,section #acejf7;a7 is amended by deleting paragraph 7#ad7 and redesignating paragraph 7#ae7 as paragraph 7#ad74 #ecjc4 ,revocation or suspension of registration ,section #caacd7;c7 is amended-- 7#a7 by striking ,the ,secretary and inserting 7#a7 ,in general4--,the ,secretary2 7#b7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively2 7#c7 in subparagraph 7#a77;,b7 7as redesignated71 by striking knowingly failed to comply with the requirements listed in subsection 7b77#a7 and inserting 8willfully failed to comply with-- 7i7 this part2 7ii7 an applicable regulation or order of the ,secretary2 or 7iii7 a condition of the registration4 2 7#d7 in subparagraph 7#a77;,c7 7as redesignated7 by striking has not disclosed and inserting 8has-- 7i7 failed to disclose2 or 7ii7 operated under a new identity or as an affiliate to avoid-- 7,i7 an order of the ,secretary2 7,,ii7 a statutory or regulatory requirement2 7,,iii7 a civil penalty imposed under chapter #e1 #ea1 #adi1 or #caa2 7,,iv7 an enforcement action initiated by the ,secretary2 7,v7 a final1 proposed or potential adverse safety fitness determination2 or 7,,vi7 a negative compliance history2 2 7#e7 in subparagraph 7#a77;,d7 7as redesignated71 by striking the period and inserting a semicolon2 and 7#f7 by adding at the end the following3 7,e7 subject to paragraph 7#c7 of this subsection1 the employer or person failed-- 7i7 to pay a civil penalty imposed under chapter #e1 #ea1 #adi1 or #caa of this title2 7ii7 to arrange and abide by an acceptable payment plan for such civil penalty1 not later than #ij days after the date specified by order of the ,secretary for the payment of such penalty2 or 7iii7 to obey a subpoena issued by the ,secretary2 or 7,f7 the employer or person failed to disclose1 in its application for registration1 a material fact relevant to its willingness and ability to comply with-- 7i7 this part2 7ii7 an applicable regulation or order of the ,secretary2 or 7iii7 a condition of its registration4 7#b7 ,safety fitness2 imminent hazard 7,a7 ,expedited procedure ,notwithstanding subchapter ,,ii of chapter #e of title #e1 and subject to section #caadd7;c7 of this title1 the ,secretary shall revoke the registration of an employer or person if the employer or person-- 7i7 has been prohibited from operating a commercial motor vehicle in interstate commerce for failure to comply with the safety fitness requirements of section #caadd of this title2 or 7ii7 is or was conducting unsafe operations that are or were an imminent hazard 7as defined in section #eba7;b77#e77;,b7 of this title7 to public health or property4 7,b7 ,notice of revocation ,the ,secretary may revoke a registration under this paragraph only after giving notice of the revocation to the registrant4 7#c7 ,limitation ,paragraph 7#a77;,e7 7i7 and 7ii7 shall not apply to a person who is unable to pay a civil penalty because the person is a debtor in a case under chapter #aa of title #aa4 4 #ecjd4 ,revocation of registration for failure to respond to subpoena ,section #ebe is amended by inserting subchapter ,,iii of chapter #caa or before chapter #aci4 #ecje4 ,lapse of required financial security2 suspension of registration ,section #acijf7;e7 is amended by inserting or suspend after revoke4 ,d ,grants and ,authorizations #edja4 ,,fmcsa financial assistance programs 7a7 ,definition ,section #caaja is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,secretary means the ,secretary of ,transportation4 4 7b7 ,,mcsap and high priority programs2 ,,fmcsa authorizations ,sections #caajb through #caajd are amended to read as follows3 #caajb4 ,motor carrier safety assistance program 7a7 ,in general 7#a7 ,the ,secretary shall administer a ,motor ,carrier ,safety ,assistance ,program funded under section #caajd of this title4 7#b7 ,the goal of the program is to ensure that the ,secretary1 ,states1 local governments1 other political jurisdictions1 ,federally recognized ,indian ,tribes1 and other persons work in partnership to establish programs to improve motor carrier1 commercial motor vehicle1 and driver safety to support a safe and efficient surface transportation system by-- 7,a7 making targeted investments to promote safe commercial motor vehicle transportation1 including the transportation of passengers and hazardous materials2 7,b7 investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and fatalities resulting from such crashes2 7,c7 adopting and enforcing effective motor carrier1 commercial motor vehicle1 and driver safety regulations and practices consistent with ,federal requirements2 and 7,d7 assessing and improving statewide performance by setting program goals and meeting performance standards1 measures1 and benchmarks4 7b7 ,state plans ,the ,secretary shall prescribe procedures for a ,state to submit a plan under which the ,state agrees to assume responsibility for improving motor carrier safety1 adopting and enforcing regulations1 standards1 and orders of the ,government on commercial motor vehicle and hazardous materials transportation safety1 and adopting and enforcing compatible ,state regulations1 standards1 and orders4 ,the ,secretary shall approve a plan if the ,secretary decides that the plan is adequate to promote the objectives of this section1 and the plan-- 7#a7 implements performance-based activities1 including deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs2 7#b7 designates a lead ,state motor vehicle safety agency responsible for administering the plan throughout the ,state2 7#c7 contains satisfactory assurances that the lead ,state agency has or will have the legal authority1 resources1 and qualified personnel necessary to enforce the regulations1 standards1 and orders2 7#d7 contains satisfactory assurances that the ,state will devote adequate resources to the administration of the plan and enforcement of the regulations1 standards1 and orders2 7#e7 provides a right of entry and inspection to carry out the plan2 7#f7 provides that all reports required under this section be available to the ,secretary on request2 7#g7 provides that the lead ,state agency will adopt the reporting requirements and use the forms for recordkeeping1 inspections1 and investigations that the ,secretary prescribes2 7#h7 requires registrants of commercial motor vehicles to demonstrate knowledge of applicable safety regulations1 standards1 and orders of the ,government and the ,state2 7#i7 provides that the ,state will grant maximum reciprocity for inspections conducted under the ,north ,american ,inspection ,standards through the use of a nationally accepted system that allows ready identification of previously inspected commercial motor vehicles2 7#aj7 ensures that activities described in subsection 7g7 of this section1 if financed through grants made under this section1 will not diminish the effectiveness of the development and implementation of commercial motor vehicle safety programs described in subsection 7a7 of this section2 7#aa7 ensures that the lead ,state agency will coordinate the plan1 data collection1 and information systems with the ,state highway safety improvement program required under section #adh7;c7 of title #bc2 7#ab7 ensures participation in appropriate ,federal ,motor ,carrier ,safety ,administration information technology and data systems and other information systems by all appropriate jurisdictions receiving ,motor ,carrier ,safety ,assistance ,program funding2 7#ac7 ensures that information is exchanged among the ,states in a timely manner2 7#ad7 provides satisfactory assurances that the ,state will undertake efforts that will emphasize and improve enforcement of ,state and local traffic safety laws and regulations related to commercial motor vehicle safety2 7#ae7 provides satisfactory assurances that the ,state will promote activities in support of national priorities and performance goals1 including-- 7,a7 activities aimed at removing impaired commercial motor vehicle drivers from the highways of the ,united ,states through adequate enforcement of regulations on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment2 7,b7 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 substances2 and 7,c7 when conducted with an appropriate commercial motor vehicle inspection1 interdiction activities1 and appropriate strategies for carrying out those activities1 including activities that affect the transportation of controlled substances1 as defined under section #ajb of the ,comprehensive ,drug ,abuse ,prevention and ,control ,act of #aigj 7#ba ,u4,s4,c4 #hjb7 and listed in part #acjh of title #ba1 ,code of ,federal ,regulations1 as updated and republished from time to time1 by any occupant of a commercial motor vehicle2 7#af7 provides that the ,state has established and dedicated sufficient resources to a program to ensure that-- 7,a7 the ,state collects and reports to the ,secretary accurate1 complete1 and timely motor carrier safety data2 and 7,b7 the ,state participates in a national motor carrier safety data correction system prescribed by the ,secretary2 7#ag7 ensures that the ,state will cooperate in the enforcement of financial responsibility requirements under sections #acijf1 #caach1 and #caaci of this title1 and regulations issued under these sections2 7#ah7 ensures consistent1 effective1 and reasonable sanctions2 7#ai7 ensures that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel2 7#bj7 provides that the ,state will include in the training manuals for the licensing examination to drive both noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles2 7#ba7 provides that the ,state will enforce the registration requirements of sections #acijb and #caacd of this title by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under these sections or to be operated beyond the scope of the motor carrier's registration2 7#bb7 provides that the ,state will conduct comprehensive and highly visible traffic enforcement and commercial motor vehicle safety inspection programs in high-risk locations and corridors2 7#bc7 except in the case of an imminent hazard or obvious safety hazard1 ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station1 terminal1 border crossing1 maintenance facility1 destination1 or other location where adequate food1 shelter1 and sanitation facilities are available for passengers1 and reasonable accommodations are available for passengers with disabilities2 7#bd7 ensures that the ,state will transmit to its roadside inspectors the notice of each ,federal exemption granted pursuant to section #cacae7;b7 of this title and #di ,c4,f4,r4 #cij4bc and #cij4be and provided to the ,state by the ,secretary1 including the name of the person granted the exemption and any terms and conditions that apply to the exemption2 7#be7 except as provided in subsection 7c7 of this section1 provides that the ,state will conduct safety audits of new entrant motor carriers pursuant to section #caadd7;g7 of this title2 7#bf7 provides that the ,state agrees to fully participate in the ,performance and ,registration ,information ,system ,management under section #caajf7;b7 of this title no later than #c years from the date of enactment of this provision by complying with the program participation requirements established in section #caajf7;b77#c7 of this title2 and 7#bg7 for a ,state that shares a land border with another country1 provides that the ,state-- 7,a7 will conduct a border commercial motor vehicle safety program that includes enforcement and related projects2 or 7,b7 if it declines to include appropriate border related activities in its plan1 will forfeit a proportionate level of funding as determined by the ,secretary4 7c7 ,exclusion of ,u4,s4 territories ,the requirement that a ,state conduct safety audits of new entrant motor carriers under subsection 7b77#be7 of this section does not apply to a territory of the ,united ,states unless required by the ,secretary4 7d7 ,intrastate compatibility ,the ,secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws and regulations with ,government motor carrier safety regulations to be enforced under subsection 7a7 of this section4 ,to the extent practicable1 the guidelines and standards shall allow for maximum flexibility while ensuring a degree of uniformity that will not diminish transportation safety4 7e7 ,maintenance of effort 7#a7 ,in general ,a plan submitted by a ,state under subsection 7b7 of this section shall provide that the total expenditure of amounts of the lead ,state agency responsible for administering the plan will be maintained at a level each fiscal year at least equal to the average level of that expenditure for fiscal years #bjjd and #bjje4 7#b7 ,average level of state expenditures ,in estimating the average level of ,state expenditure under paragraph 7#a7 of this subsection1 the ,secretary-- 7,a7 may allow the ,state to exclude ,state expenditures for ,government-sponsored demonstration and pilot programs and strike forces2 7,b7 may allow the ,state to exclude expenditures for activities related to border enforcement and new entrant safety audits2 and 7,c7 shall require the ,state to exclude ,state matching amounts used to receive ,government financing under this section4 7#c7 ,waivers ,upon the request of a ,state1 the ,secretary may waive or modify the requirements of this subsection for the period of the plan1 if the ,secretary determines that a waiver is equitable due to exceptional or uncontrollable circumstances4 7f7 ,use of unified carrier registration fees agreement ,amounts generated under section #adejd;a of this title and received by a ,state and used for motor carrier safety purposes may be included as part of the ,state's share of the ,motor ,carrier ,safety ,assistance ,program not provided by the ,government4 7g7 ,use of grants ,to enforce other laws ,a ,state may use amounts received under a grant under this section-- 7#a7 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 regulations1 for the-- 7,a7 enforcement of commercial motor vehicle size and weight limitations at locations 7excluding fixed weight facilities7 such as near steep grades or mountainous terrains1 where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle1 or at ports where intermodal shipping containers enter and leave the ,united ,states2 and 7,b7 detection of and enforcement actions taken as a result of criminal activity1 including the trafficking of human beings1 in a commercial motor vehicle or by any occupant1 including the operator1 of the vehicle2 7#b7 for documented enforcement of ,state traffic laws and regulations designed to promote the safe operation of commercial motor vehicles1 including documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of commercial motor vehicles1 provided3 7,a7 the number of motor carrier safety activities 7including roadside safety inspections7 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 #bjjd and #bjje2 and 7,b7 the ,state does not use more than #e percent of the basic amount the ,state receives under a grant under this section for enforcement activities relating to noncommercial motor vehicles unless the ,secretary determines that a higher percentage will result in significant increases in commercial motor vehicle safety2 and 7#c7 for the enforcement of household goods regulations on intrastate and interstate carriers1 provided that the ,state has adopted laws or regulations compatible with the ,federal household goods regulations4 7h7 ,evaluation of plan and award of grant 7#a7 ,award ,the ,secretary may allocate the amounts appropriated among the ,states whose plans have been approved under criteria that the ,secretary establishes4 7#b7 ,opportunity to cure ,if the ,secretary disapproves a plan under this section1 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 approval4 7i7 ,plan monitoring 7#a7 ,in general ,on the basis of reports submitted by the lead ,state agency responsible for administering a plan approved under this section and the ,secretary's own investigations1 the ,secretary shall make a continuing evaluation of the way the ,state is carrying out the plan4 7#b7 ,withholding of funds ,if1 after notice and an opportunity to be heard1 the ,secretary finds that the ,state plan previously approved is not being followed or has become inadequate to ensure enforcement of the regulations1 standards1 or orders1 the ,secretary may withdraw approval of the plan and notify the ,state4 ,the plan is no longer in effect once the notice is received4 ,in lieu of withdrawing approval of the plan1 the ,secretary may withhold funding from the ,state to which the ,state would otherwise be entitled under this section for the period of the ,state's noncompliance4 ,in exercising this option1 the ,secretary may withhold up to #aj percent of funds for the year that the ,secretary notifies the ,state of its noncompliance1 up to #aj percent of funds for the first full year of noncompliance1 up to #be percent of funds for the second full year of noncompliance1 and not less than #ej percent of funds for the third and subsequent full years of noncompliance4 7#c7 ,judicial review ,a ,state adversely affected by the ,secretary's action under paragraph 7#b7 of this subsection may seek judicial review under chapter #g of title #e4 ,notwithstanding withdrawal of a plan approval1 the ,state may retain jurisdiction in administrative or judicial proceedings begun before the withdrawal if the issues involved are not related directly to the reasons for the withdrawal4 7j7 ,allocation of ,,mcsap funds ,on ,october #a of each fiscal year1 or as soon as practicable after that date1 and after making a deduction under section #caajd7;a77#c7 of this title1 the ,secretary shall allocate amounts made available to carry out this section for the fiscal year among the ,states with plans approved under this section4 ,the allocation shall be made under criteria prescribed by the ,secretary4 #caajc4 ,high priority program 7a7 ,in general ,the ,secretary shall administer a ,high ,priority ,program funded under section #caajd of this title4 7b7 ,purpose ,the purpose of the program is to make grants to and cooperative agreements with ,states1 local governments1 other political jurisdictions1 ,federally recognized ,indian ,tribes1 and any person to carry out high priority activities and projects1 including activities and projects that-- 7#a7 increase public awareness and education on commercial motor vehicle safety2 7#b7 target unsafe driving of commercial motor vehicles and non-commercial motor vehicles in areas identified as high risk crash corridors2 7#c7 support the enforcement of household goods regulations on intrastate and interstate carriers1 provided that the ,state has adopted laws or regulations compatible with the ,federal household good regulations2 7#d7 improve the safe and secure movement of hazardous materials and the transportation of goods and persons in foreign commerce2 7#e7 demonstrate new technologies to improve commercial motor vehicle safety2 7#f7 otherwise improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations2 or 7#g7 support participation in the ,performance and ,registration ,information ,system ,management under section #caajf7;b7 of this title4 7c7 ,safety data improvement 7#a7 ,in general ,in addition to the activities and projects under subsection 7b7 of this section and subject to paragraph 7#b7 of this subsection1 the ,secretary may make a grant to or cooperative agreement with a ,state under this section to improve the accuracy1 timeliness1 and completeness of commercial motor vehicle safety data reported to the ,secretary4 7#b7 ,eligibility ,a ,state shall be eligible for funding under this subsection in a fiscal year if the ,secretary determines that the ,state has-- 7,a7 conducted a comprehensive audit of its commercial motor vehicle safety data system within the preceding #b years2 7,b7 developed a plan that identifies and prioritizes its commercial motor vehicle safety data needs and goals2 and 7,c7 identified performance-based measures to determine progress toward those goals4 #caajd4 ,availability of amounts 7a7 ,financial assistance programs 7#a7 ,in general ,the following sums are authorized to be appropriated from the ,highway ,account of the ,transportation ,trust ,fund for the following ,federal ,motor ,carrier ,safety ,administration programs3 7,a7 ,grant program for the motor carrier safety assistance program ,subject to paragraph #c of this subsection1 to carry out sections #caajb and #caajc of this title-- 7i7 #bhh1agc1jjj for fiscal year #bjae2 7ii7 #cji1jha1jjj for fiscal year #bjaf2 7iii7 #ccj1fch1jjj for fiscal year #bjag2 and 7iv7 #ceb1hfc1jjj for fiscal year #bjah4 7,b7 ,financial assistance program for high priority activities ,to make grants and cooperative agreements under section #caajc of this title1 the ,secretary may set aside from amounts made available under subparagraph 7,a7 of this paragraph up to-- 7i7 #ba1agh1jjj for fiscal year #bjae2 7ii7 #bc1ebf1jjj for fiscal year #bjaf2 7iii7 #be1idg1jjj for fiscal year #bjag2 and 7iv7 #bh1ddc1jjj for fiscal year #bjah4 7,c7 ,grant program for innovative technology ,to carry out section #caaji of this title-- 7i7 #be1jjj1jjj for fiscal year #bjae2 7ii7 #be1jjj1jjj for fiscal year #bjaf2 7iii7 #be1jjj1jjj for fiscal year #bjag2 and 7iv7 #be1jjj1jjj for fiscal year #bjah4 7,d7 ,financial assistance program for commercial driver's license program implementation ,to carry out section #cacac of this title-- 7i7 #ch1ehj1jjj for fiscal year #bjae2 7ii7 #ci1ggf1jjj for fiscal year #bjaf2 7iii7 #da1jji1jjj for fiscal year #bjag2 and 7iv7 #db1bhj1jjj for fiscal year #bjah4 7,e7 ,grant program for commercial motor vehicle operators ,to carry out section #caaaj of this title1 #a1jjj1jjj for each fiscal year1 #bjae through #bjah4 7#b7 ,reimbursement for government's share of costs ,amounts made available under this section shall be used to reimburse financial assistance recipients proportionally for the ,united ,states ,government's share of the costs incurred4 7#c7 ,deduction for partner training and program support ,on ,october #a of each fiscal year or as soon after that date as practicable1 the ,secretary may deduct1 from amounts made available under subparagraphs 7,a71 7,c71 and 7,d7 of paragraph #a of this subsection for that fiscal year1 not more than #a4ej percent of those amounts for partner training and program support in that fiscal year4 ,the ,secretary shall use at least #ge percent of those deducted amounts to train non-,government employees and to develop related training materials in carrying out these programs4 7#d7 ,grants and cooperative agreements as contractual obligations ,the approval of a grant or cooperative agreement by the ,secretary under section #caajb1 #caajc1 #caaji1 #caaaj1 or #cacac of this title is a contractual obligation of the ,government for payment of the ,government's share of costs in carrying out the provisions of the grant or cooperative agreement4 7#e7 ,eligible activities ,the ,secretary shall establish criteria for eligible activities to be funded with grants or cooperative agreements under this section and publish those criteria in a notice of funding availability before the program application period4 7#f7 ,reimbursement ,the ,secretary shall reimburse a recipient1 from a grant or cooperative agreement made under section #caajb1 #caajc1 #caaji1 #caaaj1 or #cacac of this title1 an amount that is at least #he percent of the costs incurred by the recipient in a fiscal year in developing and implementing programs under these sections4 7#g7 ,payment to recipients for costs ,each recipient shall submit vouchers at least quarterly for costs the recipient incurs in developing and implementing programs under section #caajb1 #caajc1 #caaji1 #caaaj1 or #cacac of this title4 ,the ,secretary shall pay the recipient an amount not more than the ,government share of the costs incurred as of the date of the vouchers4 ,the ,secretary shall include a recipient's in-kind contributions in determining the reimbursement4 7#h7 ,availability of allocations ,grants or cooperative agreements to carry out section #caajb1 #caajc1 #caaji1 #caaaj1 or #cacac of this title remain available for expenditure by the recipient for the fiscal year in which they are allocated and for the next two fiscal years4 ,amounts not expended during the time permitted are released to the ,secretary for reallocation4 7b7 ,administrative expenses 7#a7 ,authorization of appropriations ,the following sums are authorized to be appropriated from the ,highway ,account of the ,transportation ,trust ,fund for the ,secretary of ,transportation to pay administrative expenses of the ,federal ,motor ,carrier ,safety ,administration-- 7,a7 #cae1ggj1jjj for fiscal year #bjae2 7,b7 #cgb1gdc1jjj for fiscal year #bjaf2 7,c7 #cih1iec1jjj for fiscal year #bjag2 and 7,d7 #cgh1ajf1jjj for fiscal year #bjah4 7#b7 ,use of funds ,the funds authorized by this subsection shall be used for personnel costs2 administrative infrastructure2 rent2 information technology2 programs for research and technology1 information management1 regulatory development1 the administration of the performance and registration information system management1 and outreach and education2 to fund the facilities working capital fund2 other operating expenses2 and 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 sources4 7#c7 ,outreach and education 7,a7 ,in general ,the ,secretary shall conduct1 through any combination of grants1 contracts1 or cooperative agreements1 an outreach and education program to be administered by the ,federal ,motor ,carrier ,safety ,administration4 7,b7 ,program elements ,the program shall include1 at a minimum-- 7i7 a program to promote a more comprehensive and national effort to educate commercial motor vehicle drivers and passenger vehicle drivers about how commercial motor vehicle drivers and passenger vehicle drivers can more safely share the road with each other2 7ii7 a program to promote enhanced traffic enforcement efforts aimed at reducing the incidence of the most common unsafe driving behaviors that cause or contribute to crashes involving commercial motor vehicles and passenger vehicles2 and 7iii7 a program to establish a public-private partnership to provide resources and expertise for the development and dissemination of information relating to sharing the road referred to in clauses 7i7 and 7ii7 of this subparagraph to each partner's constituents and to the general public through the use of brochures1 videos1 paid and public advertisements1 the ,internet1 and other media4 7,c7 ,funding ,from amounts made available in paragraph 7#a7 of this subsection1 the ,secretary shall make available in support of the office of ,outreach and ,education-- 7i7 #d1ije1ihh for fiscal year #bjae2 7ii7 #e1jca1ihh for fiscal year #bjaf2 7iii7 #e1bid1ihh for fiscal year #bjag2 and 7iv7 #e1bid1ihh for fiscal year #bjah4 7,d7 ,federal share ,the ,federal share of a program or activity for which a grant or cooperative agreement is made under this paragraph shall be at least #he percent of the cost of such program or activity4 7#d7 ,motor carrier safety facility working capital fund 7,a7 ,in general ,the ,secretary may establish a motor carrier safety facility working capital fund4 7,b7 ,purpose ,amounts in the fund shall be available for modernization1 construction1 leases and expenses related to vacating1 occupying1 maintaining and expanding motor carrier safety facilities4 7,c7 ,availability ,amounts in the fund shall be available without regard to fiscal year limitation4 7,d7 ,funding ,amounts may be appropriated to the fund from the amounts made available paragraph 7#a7 of this subsection4 7,e7 ,fund transfers ,the ,agency may transfer funds to the working capital fund from the amounts made available in paragraph 7#a7 of this subsection4 7c7 ,contract authority2 initial date of availability ,amounts authorized from the ,highway ,account of the ,transportation ,trust ,fund by this section shall be available for obligation on the date of their apportionment or allocation or on ,october #a of the fiscal year for which they are authorized1 whichever occurs first4 7d7 ,funding availability ,amounts made available under this section remain available until expended4 4 7c7 ,innovative technology deployment grants ,section #caaji is amended to read as follows3 #caaji4 ,innovative technology deployment grants 7a7 ,in general 7#a7 ,program ,the ,secretary shall administer an innovative technology program funded under section #caajd of this title4 7#b7 ,goal ,the goal of the program is to support and maintain a commercial motor vehicle information systems and networks program to-- 7,a7 link ,federal motor carrier safety information systems with ,state commercial motor vehicle systems2 7,b7 improve the safety and productivity of commercial motor vehicles and drivers2 and 7,c7 reduce costs associated with commercial motor vehicle operations and ,federal and ,state commercial vehicle regulatory requirements4 7b7 ,purpose ,the program shall advance the technological capability and promote the deployment of intelligent transportation system applications for commercial motor vehicle operations1 including commercial motor vehicle1 commercial driver1 and carrier-specific information systems and networks4 7c7 ,deployment grants 7#a7 ,in general ,the ,secretary shall make grants to eligible ,states for the deployment of commercial motor vehicle information systems and networks4 7#b7 ,use of funds ,funds from a grant under this section may be used for deployment activities and activities to develop new and innovative advanced technology solutions that support commercial motor vehicle information systems and networks4 7d7 ,eligibility ,to be eligible for a grant under this section1 a ,state-- 7#a7 shall have a commercial motor vehicle information systems and networks program plan approved by the ,secretary that describes the various systems and networks at the ,state level that need to be refined1 revised1 upgraded1 or built to accomplish deployment of commercial motor vehicle information systems and networks capabilities2 7#b7 shall certify to the ,secretary that its commercial motor vehicle information systems and networks deployment activities1 including hardware procurement1 software and system development1 and infrastructure modifications-- 7,a7 are consistent with the national intelligent transportation systems and commercial motor vehicle information systems and networks architectures and available standards2 and 7,b7 promote interoperability and efficiency to the extent practicable2 and 7#c7 shall agree to execute interoperability tests developed by the ,federal ,motor ,carrier ,safety ,administration to verify that its systems conform with the national intelligent transportation systems architecture1 applicable standards1 and protocols for commercial motor vehicle information systems and networks4 7e7 ,definitions ,in this section3 7#a7 ,commercial motor vehicle information systems and networks means the information systems and communications networks that provide the capability to-- 7,a7 improve the safety of commercial motor vehicle operations2 7,b7 increase the efficiency of regulatory inspection processes to reduce administrative burdens by advancing technology to facilitate inspections and increase the effectiveness of enforcement efforts2 7,c7 advance electronic processing of registration information1 driver licensing information1 fuel tax information1 inspection and crash data1 and other safety information2 7,d7 enhance the safe passage of commercial motor vehicles across the ,united ,states and across international borders2 and 7,e7 promote the communication of information among the ,states and encourage multistate cooperation and corridor development4 7#b7 ,commercial motor vehicle operations-- 7,a7 means motor carrier operations and commercial motor vehicle regulatory activities associated with the commercial motor vehicle movement of goods1 including property1 hazardous materials1 and passengers2 and 7,b7 with respect to the public sector1 includes the issuance of operating credentials1 the administration of commercial motor vehicle and fuel taxes1 and roadside safety and border crossing inspection and regulatory compliance operations4 7#c7 ,deployment means1 at a minimum1 the implementation of systems in a ,state necessary to provide the ,state with the following capabilities3 7,a7 ,a safety information exchange to-- 7i7 electronically collect and transmit commercial motor vehicle and driver inspection data at a majority of inspection sites in the ,state2 7ii7 connect to the safety and fitness electronic records system for access to interstate carrier and commercial motor vehicle data1 summaries of past safety performance1 and commercial motor vehicle credentials information2 and 7iii7 exchange carrier data and commercial motor vehicle safety and credentials information within the ,state and connect to such system for access to interstate carrier1 commercial motor vehicle1 and commercial driver data4 7,b7 ,interstate credentials administration to-- 7i7 perform end-to-end processing1 including carrier application1 jurisdiction application processing1 and credential issuance1 of at least the international registration plan and international fuel tax agreement credentials and extend this processing to other credentials1 including intrastate registration1 vehicle titling1 oversize vehicle permits1 overweight vehicle permits1 carrier registration1 and hazardous materials permits2 and 7ii7 connect to such plan and agreement clearinghouses4 7,c7 ,roadside electronic screening to electronically screen commercial vehicles at a minimum of one fixed or mobile inspection site in the ,state4 4 7d7 ,driver training grant program ,chapter #caa is amended by inserting after section #caaji 7as amended by subsection 7c7 of this section7 the following3 #caaaj4 ,commercial motor vehicle operators grant program 7a7 ,in general ,the ,secretary shall administer a ,commercial ,motor ,vehicle ,operators ,grant ,program funded under section #caajd of this title4 7b7 ,purpose ,the purpose of the program is to train individuals in the safe operation of commercial motor vehicles as defined under section #cacja of this title4 4 7e7 ,section #cacac is amended to read as follows3 #cacac4 ,financial assistance program for commercial driver's license program implementation 7a7 ,in general 7#a7 ,purpose ,the ,secretary of ,transportation may make a grant to a ,state agency in a fiscal year-- 7,a7 to comply with the requirements of section #cacaa of this title2 7,b7 in the case of a ,state that is making a good faith effort toward substantial compliance with the requirements of section #cacaa of this title1 to improve its implementation of its commercial driver's license program1 including expenses3 7i7 for computer hardware and software2 7ii7 for publications1 testing1 personnel1 training1 and quality control2 7iii7 for commercial driver's license program coordinators2 7iv7 to implement or maintain a system to notify an employer of an operator of a commercial motor vehicle of the suspension or revocation of the operator's commercial driver's license consistent with the standards developed under section #cbcjc7;b7 of the ,commercial ,motor ,vehicle ,safety ,enhancement ,act of #bjab 7#di ,u4,s4,c4 #cacjd note74 7#b7 ,priority activities ,the ,secretary may make a grant or cooperative agreement in a fiscal year to a ,state agency1 local government1 or any person for research1 development or testing1 demonstration projects1 public education1 or other special activities and projects relating to commercial driver's licensing and motor vehicle safety that-- 7,a7 are of benefit to all jurisdictions of the ,united ,states2 7,b7 are designed to address national safety concerns and circumstances2 7,c7 are designed to address emerging issues relating to commercial driver's license improvements2 or 7,d7 support innovative ideas and solutions to commercial driver's license program issues4 7b7 ,prohibitions ,a recipient may not use financial assistance funds awarded under this section to rent1 lease1 or buy land or buildings4 7c7 ,apportionment ,all amounts made available to carry out this section for a fiscal year shall be apportioned according to criteria prescribed by the ,secretary of ,transportation4 4 7f7 ,miscellaneous repeals 7#a7 ,subsection 7b7 of section #caajf is amended by striking paragraph 7#d74 7#b7 ,section #caajg is repealed4 7#c7 ,subsection 7g7 of section #caadd is amended by striking paragraph 7#d71 as redesignated by section #eaje of this ,act4 7g7 ,technical and conforming amendment 7#a7 ,the analysis for chapter #caa is amended by-- 7,a7 striking the item relating to section #caajb and inserting #caajb4 ,motor ,carrier ,safety ,assistance ,program42 7,b7 striking the item relating to section #caajc and inserting #caajc4 ,high ,priority ,grant ,program42 7,c7 striking the item relating to section #caajg2 7,d7 striking the item relating to section #caaji and inserting ,innovative ,technology ,deployment ,grants42 and 7,e7 by adding at the end of ,subchapter ,i the following3 #caaaj4 ,commercial ,motor ,vehicle ,operators ,grant ,program4 7#b7 ,the subsection heading for section #caajf7;b7 is amended by striking program and inserting system management4 7#c7 ,section #caafa is amended by striking #caajd7;i7 and inserting #caajd7;b74 7#d7 ,the analysis for chapter #cac is amended by striking the item relating to section #cacac and inserting the following3 #cacac4 ,financial assistance program for commercial driver's license program implementation44 ,e ,miscellaneous #eeja4 ,motor carrier safety advisory committee 7a7 ,motor carrier safety advisory committee ,subchapter ,,iii of chapter #caa is amended by inserting after section #caaeb 7as added by section #ebjd7 the following3 #caaec4 ,motor carrier safety advisory committee 7a7 ,establishment and duties ,the ,secretary shall maintain for the ,federal ,motor ,carrier ,safety ,administration a motor carrier safety advisory committee4 ,the committee shall-- 7#a7 provide advice and recommendations to the ,administrator of the ,federal ,motor ,carrier ,safety ,administration about needs1 objectives1 plans1 approaches1 content1 and accomplishments of the motor carrier safety programs carried out by the ,administration2 and 7#b7 provide advice and recommendations to the ,administrator on motor carrier safety regulations4 7b7 ,members1 chairman1 pay1 and expenses 7#a7 ,in general ,the committee shall be composed of not more than #bj members appointed by the ,administrator from among individuals who are not employees of the ,administration and who are specially qualified to serve on the committee because of their education1 training1 or experience4 ,the members shall consist of representatives of the motor carrier industry1 nonprofit employee labor organizations representing commercial vehicle drivers1 safety advocates1 and safety enforcement officials4 ,representatives of a single enumerated interest group may not constitute a majority of the members of the advisory committee4 ,a person appointed under this section shall not be considered an employee of the ,federal ,government by reason of the appointment4 7#b7 ,chairman ,the ,administrator shall designate the chairman of the committee4 7#c7 ,pay ,a member of the committee shall serve without pay2 except that the ,administrator may allow a member1 when attending meetings of the committee or a subcommittee of the committee1 expenses authorized under section #egjc of title #e1 relating to per diem1 travel1 and transportation expenses4 7c7 ,support staff1 information1 and services ,the ,administrator shall provide staff for the committee4 ,on request of the committee1 and subject to the availability of funding1 the ,administrator shall provide information1 administrative services1 and supplies that the ,administrator considers necessary for the committee to carry out its duties and powers4 4 7b7 ,conforming amendments 7#a7 ,the analysis for chapter #caa is amended by inserting after the item relating to #caaeb 7as added by section #ebjd of this ,act7 the following3 #caaec4 ,motor ,carrier ,safety ,advisory ,committee4 4 7#b7 ,section #dadd of the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7#di ,u4,s4,c4 #caajj note7 is repealed4 #eejb4 ,unified carrier registration plan ,section #adejd;a is amended-- 7#a7 in subsection 7a77#e77;,a77ii77,,ii71 by striking subsection 7d77#d77;,c7 and inserting subsection 7d77#e77;,c72 7#b7 in subsection 7d77#a77;,b71 by striking appointed by the ,secretary as follows and inserting 4 ,in making appointments of directors1 the ,secretary should seek to achieve the following distribution2 7#c7 in subsection 7d77#a77;,b77iii71 by striking ,five and inserting ,six and inserting the following before the last sentence3 ,at least one of the appointees under this clause shall be a representative of the passenger motorcoach industry42 7#d7 in subsection 7d77#a77;,b71 by striking clause 7iv72 7#e7 in subsection 7d77#a77;,c71 by striking ,secretary and inserting board of directors2 7#f7 in subsection 7d77#a77;,d7-- 7,a7 by striking clause 7i7 and redesignating clauses 7ii7 through 7iv7 as clauses 7i7 through 7iii71 respectively2 and 7,b7 by amending clause 7i71 7as so redesignated7 to read as follows3 7i7 ,terms ,all directors shall be appointed for terms of #c years4 2 7#g7 in subsection 7d77#b77;,c71 by striking and2 7#h7 in subsection 7d77#b77;,d71 by striking the period and inserting 2 and at the end2 7#i7 in subsection 7d77#b71 by inserting after subparagraph 7,d7 the following3 7,e7 require the board to conduct an audit of the ,,ucr plan's use of administrative fees no less frequently than once every two years4 2 7#aj7 in subsection 7d77#c77;,a7-- 7,a7 by striking ,except for the representative of the ,department appointed under paragraph 7#a77;,b77iv71 no2 and 7,b7 by inserting ,no before director shall receive2 7#aa7 in subsection 7d77#d77;,a71 by striking of the board1 and inserting of the board or and striking 1 or the ,secretary2 7#ab7 in subsection 7d77#f71 by inserting or the ,united ,states ,government after agency of a ,state2 7#ac7 by redesignating section #adejd;a7d77#g77;,a7 as section #adejd;a7d77#g7 and amending paragraph 7#g7 7as so redesignated7 to read as follows3 7#g7 ,setting fees ,the board shall set the initial annual fees to be assessed carriers1 leasing companies1 brokers1 and freight forwarders under the unified carrier registration agreement4 ,in setting the level of fees to be assessed in any agreement year1 and in setting the fee level1 the board shall consider-- 7,a7 the administrative costs associated with the unified carrier registration plan and the agreement2 7,b7 whether the revenues generated in the previous year and any surplus or shortage from that year or prior years enable the participating ,states to achieve the revenue levels set by the board2 and 7,c7 the provisions governing fees under subsection 7f77#a74 2 7#ad7 by striking subsection 7d77#g77;,b72 7#ae7 by amending subsection 7d77#i7 to read as follows3 7#i7 ,inapplicability ,neither the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 nor the ,administrative ,procedure ,act 7#e ,u4,s4,c4 #eea et seq47 shall apply to the unified carrier registration plan1 the board1 or its committees4 2 7#af7 by redesignating subsections 7d77#a7 through 7#aj7 as 7d77#b7 through 7#aa71 respectively2 7#ag7 by inserting a new subsection 7d77#a7 before subsection 7d77#b7 7as redesignated in paragraph7 to read as follows3 7#a7 ,status ,the unified carrier registration plan-- 7,a7 is an interstate agreement established under this section2 7,b7 shall be operated as a not-for-profit corporation2 and 7,c7 is not a department1 agency or instrumentality of the ,united ,states ,government4 2 7#ah7 in subsection 7e71 by striking subparagraph 7#e72 7#ai7 in subsection 7e77#b71 by striking the ,secretary and2 7#bj7 in subsection 7e77#c7-- 7,a7 by striking ,secretary the first place it appears2 7,b7 by inserting chairperson of the board of directors2 and 7,c7 by striking the last sentence2 7#ba7 in subsection 7e77#d71 by striking ,secretary and inserting chairperson of the board of directors2 7#bb7 in subsection 7f77#a77;,e71 by striking ask the ,secretary to2 7#bc7 by striking subsection 7f77#a77;,b7 and redesignating subsections 7f77#a77;,c7 through 7f77#a77;,e7 as subsections 7f77#a77;,b7 through 7f77#a77;,d71 respectively2 7#bd7 in subsection 7h77#b7-- 7,a7 by striking participating2 and 7,b7 by striking subsection 7d77#b77;,d7 and inserting subsection 7d77#c77;,d71 as redesignated2 7#be7 by amending subsection 7h77#c77;,b7 to read as follows3 7,b7 ,to pay the administrative costs of the ,,ucr plan and the ,,ucr agreement4 ,payments for administrative costs may be made prior to making distributions under subparagraph 7,a74 2 7#bf7 in subsection 7h77#d71 by striking ,secretary and inserting board2 and 7#bg7 by amending subsection 7i7 to read as follows3 7i7 ,enforcement ,nothing in this section-- 7#a7 prohibits a participating ,state from issuing citations and imposing reasonable fines and penalties pursuant to the applicable laws and regulations of the ,state on any motor carrier1 motor private carrier1 freight forwarder1 broker1 or leasing company for failure to-- 7,a7 submit information documents as required under subsection 7d77#c72 or 7,b7 pay the fees required under subsection 7f72 or 7#b7 authorizes a ,state to require a motor carrier1 motor private carrier1 or freight forwarder to display as evidence of compliance any form of identification in excess of those permitted under section #adejf of this title on or in a commercial motor vehicle4 4 #eejc4 ,self-insurance for motor carriers repealed ,section #acijf7;d7 is amended by striking the second1 third and last sentences4 #eejd4 ,electronic logging device recall authority ,section #caacg is amended-- 7#a7 by redesignating subsections 7f7 and 7g7 as subsections 7h7 and 7i71 respectively2 and 7#b7 by inserting before subsection 7h71 as redesignated1 the following3 7f7 ,notice and record requirements ,the ,secretary may require an electronic logging device provider to-- 7#a7 provide the purchaser or lessee of an electronic logging device1 in a manner the ,secretary considers appropriate1 any information or notice that the ,secretary considers necessary2 and 7#b7 maintain records of electronic logging device purchasers and lessees in order to provide any information or notice required under paragraph 7#a7 of this subsection4 7g7 ,noncompliant devices 7#a7 ,the ,secretary shall notify an electronic logging device provider after making a preliminary decision that an electronic logging device does not comply with the standards established through the regulations prescribed under subsection 7a7 in effect at the time of certification4 7#b7 ,the ,secretary shall publish notice of each preliminary decision in the ,federal ,register4 7#c7 ,the ,secretary may make a final decision that an electronic logging device does not comply with the standards only after-- 7,a7 giving the electronic logging device provider an opportunity to-- 7i7 correct the deficiency in order that the electronic logging device complies with the standards2 or 7ii7 present information to show that the electronic logging device complies with the standards2 and 7,b7 giving any other interested person an opportunity to present information as to the electronic logging device's noncompliance4 7#d7 ,if the ,secretary makes a final decision that an electronic logging device does not comply with the standards in effect at the time of certification1 the ,secretary shall order the electronic logging device provider to give notice under subsection 7f7 of this section to each purchaser or lessee of the electronic logging device that the electronic logging device provider has been required to-- 7,a7 recall the electronic logging device2 and 7,b7 remedy the defect so that the purchaser or lessee of the electronic logging device obtains a compliant electronic logging device within a reasonable time and in accordance with the terms prescribed by the ,secretary4 4 #eeje4 ,repeal of motor carrier financial reporting requirement ,section #adabc and the item relating to that section in the analysis for chapter #ada are repealed4 #eejf4 ,contractors exercising operational control over motor carrier operations 7a7 ,contractors exercising operational control over motor carrier operations ,chapter #caa is amended by inserting after section #caaci the following3 #caaci;a4 ,contractors exercising operational control over motor carrier operations 7a7 ,in general ,the ,secretary of ,transportation may issue regulations governing contractors that exercise control over motor carrier operations4 7b7 ,contents ,the regulations issued under this section shall include1 at a minimum-- 7#a7 a requirement that contractors register with the ,secretary under this chapter2 7#b7 a requirement that contractors create and maintain records applicable to regulatory provisions over which they exercise control or which they conduct directly2 7#c7 a program for the evaluation and audit of compliance by contractors with applicable ,federal motor carrier safety regulations2 7#d7 a civil penalty structure consistent with section #eba7;b7 of this title1 for contractors that fail to comply with applicable ,federal motor carrier safety regulations2 7#e7 a prohibition on contractors from placing commercial motor vehicles or drivers in service on the public highways to the extent that such drivers or their equipment are found to pose an imminent hazard2 7#f7 a process by which motor carriers and agents of motor carriers shall be able to request the ,federal ,motor ,carrier ,safety ,administration to undertake an investigation of a contractor identified that is alleged to be not in compliance with the regulations under this section2 and 7#g7 a procedure under which motor carriers1 drivers1 and contractors may seek correction of their safety records through the deletion from those records of violations of safety regulations attributable to deficiencies in operation or driver performance for which they should not have been held responsible4 7c7 ,inspections ,the ,secretary or an employee of the ,department of ,transportation designated by the ,secretary or a contractor or an employee of the recipient of a grant issued under section #caajb of this title may inspect records for operations controlled by or drivers provided by the contractor1 upon demand and display of proper credentials in person or in writing4 7d7 ,out-of-,service ,any contractor that is determined under this section to fail to comply with applicable ,federal safety regulations may be placed out of service by the ,secretary or a ,federal1 ,state1 or government official designated by the ,secretary and may not exercise operational control over a motor carrier's drivers and commercial motor vehicles and may not provide drivers or commercial motor vehicles to a motor carrier until the contractor takes actions necessary to come into compliance4 7e7 ,definition of contractor ,for purposes of this section1 exclusive of the first use of term in subsection 7c71 the term contractor means a person1 other than a motor carrier1 that does one or more of the following3 7#a7 ,enters into a contract with a motor carrier under which the motor carrier provides commercial motor vehicles and drivers dedicated to transporting property or passengers for the person over multiple trips where the person exercises direct operational control1 such as setting schedules1 routes1 pick-up and delivery points1 and dispatching drivers and commercial motor vehicles4 7#b7 ,enters into a contract with a motor carrier to provide drivers to the carrier and represents that it is responsible for ensuring that the drivers meet the qualifications required by this part and regulations promulgated under this part4 7#c7 ,enters into a contract with a motor carrier to provide commercial motor vehicles to the motor carrier 7other than for purchase or lease to purchase7 and represents that it is responsible under the contract for ensuring that the vehicles meet the requirements of this part and regulations promulgated under it4 4 7b7 ,conforming amendment ,the analysis for chapter #caa is amended by inserting after the item relating to section #caaci the following3 #caaci;a4 ,contractors exercising operational control over motor carrier operations 4 #eejg4 ,driver compensation 7a7 ,in general ,chapter #caa is amended by inserting after section #caaci;a 7as added by section #eejf of this ,act7 the following3 #caadj4 ,driver compensation 7a7 ,on-,duty1 not-,driving time ,the ,secretary of ,transportation may by regulation require that a motor carrier employer-- 7#a7 track the on-duty 7not driving7 time of an employee whose base compensation is calculated in a manner other than an hourly wage and who is required to keep a record of duty status under the hours of service regulations prescribed by the ,secretary2 and 7#b7 separately compensate the employee for any on-duty1 not-driving period at an hourly rate not less than the ,federal minimum wage rate under section #f of the ,fair ,labor ,standards ,act 7#bi ,u4,s4,c4 #bjf74 7b7 ,scope ,this section does not apply to an employee whose employment is governed by a collective bargaining agreement1 negotiated by employee representatives certified as bona fide by the ,national ,labor ,relations ,board1 if the agreement governs compensation of the employee for on-duty1 not-driving time4 7c7 ,other law ,nothing in this section or regulations adopted under this section shall alter an employer's obligations under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 ,compensation of employees under this section and regulations adopted under this section shall be in addition to other compensation calculated for purposes of determining compliance with the ,fair ,labor ,standards ,act4 4 7b7 ,conforming amendment ,the analysis of chapter #caa is amended by inserting after the item relating to section #caaci;a 7as added by section #eejf of this ,act7 the following3 #caadj4 ,driver compensation 4 #eejh4 ,civil enforcement authority ,section #ejg is amended-- 7#a7 in subsection 7b7-- 7,a7 by inserting 1 subchapter ,,iii of chapter #caa1 chapter #cac1 or chapter #cae after the first this chapter2 7,b7 by striking the second this chapter and inserting these provisions2 and 7,c7 by striking violating this chapter or a regulation or order of the ,secretary and inserting for a violation2 and 7#b7 in subsection 7c7-- 7,a7 by striking 1 at the request of the ,secretary1 may and inserting may1 and at the request of the ,secretary1 shall2 and 7,b7 by striking 7except sections #caach and #caaci7 or section #caejb and inserting 1 chapter #cac1 and chapter #cae4 #eeji4 ,criminal penalties ,section #eba7;b77#f77;,a7 is amended by-- 7#a7 striking and willfully2 7#b7 striking the second or2 7#c7 inserting or order after regulation2 7#d7 inserting 1 or an imminent hazard out-of-service order issued under this section after those provisions2 7#e7 striking to a fine not to exceed #be1jjj and inserting to a fine as set forth in section #cega of title #ah2 7#f7 striking 1 except that1 if and inserting 4 ,if2 and 7#g7 striking to a fine not to exceed #b1ejj and inserting to a fine as set forth in section #cega of title #ah or imprisonment for a term not to exceed one year1 or both4 #eeaj4 ,penalties for violations of out-of-service orders ,section #eba7;b77#b77;,f7 is amended by inserting the end the following3 ,each day of operation after the effective date of the out-of-service order is a separate offense4 #eeaa4 ,technical corrections 7a7 ,fleetwide out-of-,service order for operating without required registration ,section #acijb7;e77#a7 is amended-- 7#a7 by inserting motor vehicle or before motor carrier providing2 and 7#b7 by inserting motor vehicle or before motor carrier operations4 7b7 ,settlement of general civil penalties ,section #adija7;h7 is amended by striking ,household ,goods in the subsection heading4 7c7 ,hours of service study and electronic logging devices ,section #cjafe7;a77#a7 is amended by striking #cjada through #cjadg1 or #caacg and inserting or #cjada through #cjadg4 7d7 ,medical standards and requirements ,section #caadi7;c77#a77;,e7 is amended by striking on a monthly basis4 7e7 ,national clearinghouse for controlled substance and alcohol test results 7#a7 ,section #eba is amended-- 7,a7 by inserting 1 section #cacjf7;b71 before or section #caejb in subparagraph 7b77#b77;,a72 7,b7 by amending the subparagraph headings for subparagraphs 7b77#b77;,c7 and 7b77#f77;,b71 by inserting after ,,cdls1 each place it appears1 and alcohol and controlled substance testing2 and 7,c7 by inserting in subparagraph 7b77#b77;,c7 and clause 7b77#f77;,b77i71 after #cacje7;b71 each place it appears1 #cacjf1 #cacjf;a14 7#b7 ,section #cacjf;a7f7 is amended by inserting and ,service ,agent before ,requirements4 in the subsection heading4 7f7 ,exemptions from requirements for covered farm vehicles ,subsection #cbicd7;c77#a77;,b7 of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada7 is amended by striking #bf1jja pounds in both places it occurs and inserting #bf1jjj pounds4 7g7 ,correcting reference to ,,fmcsa in statute ,section #cjcje7;b77#a7 is amended by striking ,federal ,highway ,administration and inserting ,federal ,motor ,carrier ,safety ,administration4 #eeab4 ,audits and compliance investigations of ,mexico-domiciled motor carriers ,section #acj of division ,l of ,public ,law #aac-gf is amended by inserting after #aaj-bh the following3 1 except to the extent that a term or condition in either section #cej or section #fija requires that safety examinations of ,mexico-domiciled motor carriers be conducted on-site2 nothing in section #cej or section #fija shall be construed as limiting the ability of the ,federal ,motor ,carrier ,safety ,administration to conduct any compliance review1 new entrant safety audit1 or other inspection or investigation of a ,mexico-domiciled motor carrier at any location prescribed by the ,administrator of the ,federal ,motor ,carrier ,safety ,administration4 #eeac4 ,administrative adjudication of violations of commercial regulations and statutes ,section #adgjb is amended by adding at the end the following3 7d7 ,administrative adjudications ,in addition to civil actions under subsection 7a7 of this section1 the authority of the ,secretary includes authority to maintain by regulation procedures for the administrative adjudication of violations of this part4 4 #eead4 ,access to national driver register ,section #cjcje7;b7 is amended by inserting at the end the following3 7#ac7 ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration may request the chief driver licensing official of a ,state to provide information under subsection 7a7 of this section about an individual in connection with a safety investigation under the ,administrator's jurisdiction4 4 #eeae4 ,elimination of certain ,,fmcsa reporting requirements 7a7 ,motor carrier efficiency study annual report ,section #eejc of the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7,public ,law #aji-ei7 is amended by-- 7#a7 by striking subsection 7d72 and 7#b7 redesignating subsection 7e7 as subsection 7d74 7b7 ,safety data improvement program report ,section #dabh of the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7,public ,law #aji-ei7 is amended by striking subsection 7d74 ,,vi ,hazardous ,material ,transportation ,safety #fjja4 ,amendment of title #di1 ,united ,states ,code ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 #fjjb4 ,emergency operational controls 7a7 ,in general ,chapter #ea is amended by inserting after section #eabh the following3 #eabi4 ,emergency operational controls 7a7 ,ordering operational controls1 restrictions1 and prohibitions 7#a7 ,in general ,if1 upon inspection1 investigation1 testing1 or research carried out under this chapter1 the ,secretary determines that an unsafe condition or practice1 or a combination of unsafe conditions and practices1 or an activity existing within a regulated entity or industry1 related to the transportation of hazardous materials in commerce1 causes an emergency situation involving a hazard of death1 personal injury1 or significant harm to property or the environment1 the ,secretary immediately may order such operational controls1 restrictions1 and prohibitions1 without prior notice or an opportunity for a hearing1 as may be necessary to abate the situation4 7#b7 ,written orders ,the order shall be in writing1 and describe-- 7,a7 the condition1 practice1 or activity that causes the emergency situation2 7,b7 the operational controls1 restrictions1 and prohibitions issued or imposed2 and 7,c7 the standards and procedures for obtaining relief from the order4 ,this paragraph does not affect the ,secretary's discretion under this section to maintain the order in effect for as long as the emergency situation exists4 7#c7 ,emergency variance ,notwithstanding section #eaag7;e7 of this title1 such orders may provide for an emergency variance from this chapter or a regulation prescribed thereunder4 7b7 ,review of orders ,after issuing an order under this section1 the ,secretary shall provide an opportunity for review of the order under section #eed of title #e4 ,if a petition for review is filed and the review is not completed by the end of the #cj-;day period beginning on the date the order was issued1 the order stops being effective at the end of that period unless the ,secretary decides in writing that the emergency situation still exists4 4 7b7 ,conforming amendment ,the analysis for chapter #ea is amended by inserting after the item relating to section #eabh the following3 #eabi4 ,emergency operational controls 4 #fjjc4 ,enhanced registration requirements ,section #eajh is amended by-- 7#a7 inserting the following after subsection 7a77#b77;,b73 7,c7 a person who performs1 or is responsible for performing1 a function specified by regulation prescribed under this chapter that is required to assure the safe transportation of hazardous material1 in commerce1 and is subject to the training requirements of section #eajg4 2 7#b7 in subsection 7a77#c71 inserting after material1 the following3 or perform or be responsible for performing a function specified by regulation prescribed under this chapter that is required to assure the safe transportation of hazardous material1 in commerce1 and is subject to the training requirements of section #eajg12 7#c7 in subparagraph 7g77#b77;,a71 by striking and impose by regulation2 and 7#d7 in subparagraphs 7g77#b77;,b7 and 7g77#b77;,c71 replacing 7i7 with 7h74 #fjjd4 ,user fees for special permits ,section #eaag is amended by inserting the following at the end3 7g7 ,fees 7#a7 ,authorization ,the ,secretary is authorized to collect a reasonable fee1 to the extent and in such amounts as provided in advance in appropriations acts1 for the administration of the special permits and approvals programs4 ,the fees shall be deposited into a ,hazardous ,materials ,approvals and ,permits ,fund1 which shall remain available until expended4 7#b7 ,establishment and use of fees ,there is established a ,hazardous ,materials ,approvals and ,permits ,fund in the ,department of the ,treasury of the ,united ,states4 ,amounts collected from fees under paragraph 7#a7 shall be available for administration of the special permits and approvals programs4 7#c7 ,fees credited as offsetting receipts ,notwithstanding section #ccjb of title #ca1 any fee authorized to be collected under this subsection shall be credited as offsetting receipts1 and remain available until expended4 7#d7 ,regulations ,the ,secretary1 after providing notice and an opportunity for public comment1 shall issue regulations to implement this subsection4 4 #fjje4 ,national emergency and disaster response 7a7 ,purpose ,section #eaja is amended by inserting and to facilitate the safe movement of hazardous materials during national emergencies after commerce4 7b7 ,standards ,section #eajc is amended by redesignating subsections 7c7 and 7d7 as 7d7 and 7e7 and inserting new subsection 7c7 to read as follows3 7c7 ,federally declared disaster and emergency areas ,the ,secretary1 in consultation with the ,secretary of ,homeland ,security1 may prescribe standards to facilitate the movement of hazardous materials into1 from and within federally declared disaster and emergency areas4 4 #fjjf4 ,enhanced reporting ,section #eaba7;h7 is amended by-- 7#a7 striking transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7#b7 inserting make public after and4 #fjjg4 ,improving publication of special permits ,section #eaag is amended-- 7#a7 in subsection 7b71 by striking publish in the ,federal ,register and inserting make public through after shall2 and 7#b7 in subsection 7c71 by striking publish and in the ,federal ,register and inserting make public after shall4 #fjjh4 ,hazard abatement authority 7a7 ,in general ,chapter #ea is amended by inserting after section #eabi the following3 #eacj4 ,hazard abatement authority 7a7 ,ordering removal1 remediation1 or disposal ,if1 upon inspection1 investigation1 testing1 or research1 the ,secretary determines that an unsafe condition1 practice1 or activity1 related to the transportation of hazardous materials in commerce or other items subject to this chapter1 causes unreasonable risk of death1 personal injury1 or significant harm to the property or the environment1 the ,secretary may order removal1 remediation1 or disposal of such hazardous materials or other items subject to this chapter1 as may be necessary to abate the unreasonable risk4 7b7 ,written orders ,the order shall be in writing1 and describe-- 7#a7 the condition1 practice1 or activity that causes the unreasonable risk2 7#b7 the actions that must be taken to abate the unreasonable risk2 and 7#c7 the standards and procedures for obtaining relief from the order4 7c7 ,duration of order ,subsection 7b7 does not affect the ,secretary's discretion under this section to maintain the order in effect for as long as the emergency situation exists4 7d7 ,failure ,to comply ,if the ,secretary determines that a person has failed to comply with an order for removal1 remediation1 or disposal1 the ,secretary may take such action to arrange for the removal1 remediation1 or disposal of such hazardous materials as necessary to abate the unreasonable risk4 7e7 ,liability for noncompliance ,upon a determination by the ,secretary that a person has failed to comply with an order for removal1 remediation1 or disposal of a hazardous material1 such person shall be liable for all costs incurred by the ,united ,states ,government in removing1 remediating1 or disposing of such hazardous materials4 4 7b7 ,conforming amendment ,the analysis for chapter #ea is amended by inserting after the item relating to section #eabi the following3 #eacj4 ,hazard abatement authority 4 #fjji4 ,inspection of non-domestic entities ,section #eaba is amended by inserting the following after subsection 7c77#c73 7#d7 ,inspection of non-domestic entities ,in instances when a person seeks to manufacture1 requalify1 or inspect a ,,dot specification packaging or special permit cylinders or certify compliance with title #di of the ,code of ,federal ,regulations outside the ,united ,states1 that person must seek an approval from the ,secretary to perform that function outside the ,united ,states4 ,upon the request of the ,secretary1 the applicant must allow the ,secretary or the ,secretary's designee to inspect the applicant's process and procedures4 ,the applicant must bear the cost of the initial and subsequent inspections4 4 #fjaj4 ,improving the effectiveness of the ,,hmep grant program 7a7 ,planning and training grants ,section #eaaf is amended to read as follows3 #eaaf4 ,planning and training grants1 monitoring1 and review 7a7 ,planning and training grants 7#a7 ,the ,secretary shall make grants to ,states and ,indian tribes-- 7,a7 to develop1 improve1 and carry out emergency plans under the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq471 including ascertaining flow patterns of hazardous material on lands under the jurisdiction of a ,state or ,indian tribe1 and between lands under the jurisdiction of a ,state or ,indian tribe and lands of another ,state or ,indian tribe2 7,b7 to decide on the need for a regional hazardous material emergency response team2 and 7,c7 to train public sector employees to respond to accidents and incidents involving hazardous material4 ,to the extent that a grant is used to train emergency responders1 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 persons1 property1 and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or ,national ,fire ,protection ,association standards for competence of responders to accidents and incidents involving hazardous materials4 7#b7 ,the ,secretary may make a grant to a ,state or ,indian tribe under paragraph 7#a7 of this subsection only if-- 7,a7 the ,state or ,indian tribe certifies that the total amount the ,state or ,indian tribe expends 7except amounts of the ,united ,states ,government7 for the purpose of the grant will at least equal the average level of expenditure for the last #e years2 and 7,b7 any emergency response training provided under the grant shall consist of3 7i7 a course developed or identified under section #eaae of this title2 or 7ii7 another course the ,secretary decides is consistent with the objectives of this section4 7#c7 ,a ,state or ,indian tribe receiving a grant under this subsection shall ensure that planning and emergency response training under the grant is coordinated with adjacent ,states and ,indian tribes4 7#d7 ,a training grant under this subsection may be used-- 7,a7 to pay-- 7i7 the tuition costs of public sector employees being trained2 7ii7 travel expenses of those employees to and from the training facility2 7iii7 room and board of those employees when at the training facility2 and 7iv7 travel expenses of individuals providing the training2 7,b7 by the ,state1 political subdivision1 or ,indian tribe to provide the training2 and 7,c7 to make an agreement with a person 7including an authority of a ,state1 a political subdivision of a ,state or ,indian tribe1 or a local jurisdiction71 subject to approval by the ,secretary1 to provide the training-- 7i7 if the agreement allows the ,secretary and the ,state or ,indian tribe to conduct random examinations1 inspections1 and audits of the training without prior notice2 7ii7 the person agrees to have an auditable accounting system2 and 7iii7 if the ,state or ,indian tribe conducts at least one on-site observation of the training each year4 7#e7 ,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 training4 ,in making a decision about those needs1 the ,secretary shall consider-- 7,a7 the number of hazardous material facilities in the ,state or on land under the jurisdiction of the ,indian tribe2 7,b7 the types and amounts of hazardous material transported in the ,state or on such land2 7,c7 whether the ,state or ,indian tribe imposes and collects a fee on transporting hazardous material2 7,d7 whether such fee is used only to carry out a purpose related to transporting hazardous material2 7,e7 the past record of the ,state or ,indian tribe in effectively managing planning and training grants2 and 7,f7 other factors the ,secretary decides are appropriate to carry out this subsection4 7b7 ,compliance with certain law ,the ,secretary may make a grant to a ,state under this section only if the ,state certifies that the ,state complies with sections #cja and #cjc of the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja1 #aajjc74 7c7 ,applications ,a ,state or ,indian tribe interested in receiving a grant under this section shall submit an application to the ,secretary4 ,the application must be submitted at the time1 and contain information1 the ,secretary requires by regulation to carry out the objectives of this section4 7d7 ,government's share of costs ,a grant under this section is for #hj percent of the cost the ,state or ,indian tribe incurs to carry out the activity for which the grant is made4 ,amounts of the ,state or tribe under subsections 7a77#b77;,a7 and 7b77#b77;,a7 of this section are not part of the non-,government share under this subsection4 7e7 ,monitoring and technical assistance ,in coordination with the ,secretaries of ,transportation and ,energy1 the ,administrator of the ,environmental ,protection ,agency1 and the ,director of the ,national ,institute of ,environmental ,health ,sciences1 the ,administrator of the ,federal ,emergency ,management ,agency shall monitor public sector emergency response planning and training for an accident or incident involving hazardous material4 ,considering the results of the monitoring1 the ,secretaries1 ,administrator1 and ,directors each shall provide technical assistance to a ,state1 political subdivision of a ,state1 or ,indian tribe for carrying out emergency response training and planning for an accident or incident involving hazardous material and shall coordinate the assistance using the existing coordinating mechanisms of the ,national ,response ,team and1 for radioactive material1 the ,federal ,radiological ,preparedness ,coordinating ,committee4 7f7 ,delegation of authority ,to minimize administrative costs and to coordinate ,federal financial assistance for emergency response training and planning1 the ,secretary may delegate to the ,administrator of the ,federal ,emergency ,management ,agency and ,director of the ,national ,institute of ,environmental ,health ,sciences1 ,chairman of the ,nuclear ,regulatory ,commission1 ,administrator of the ,environmental ,protection ,agency1 and ,secretaries of ,labor and ,energy any of the following3 7#a7 ,authority to receive applications for grants under this section4 7#b7 ,authority to review applications for technical compliance with this section4 7#c7 ,authority to review applications to recommend approval or disapproval4 7#d7 ,any other ministerial duty associated with grants under this section4 7g7 ,minimizing duplication of effort and expenses ,the ,secretaries of ,transportation1 ,labor1 and ,energy1 the ,administrator of the ,federal ,emergency ,management ,agency1 the ,director of the ,national ,institute of ,environmental ,health ,sciences1 the ,chairman of the ,nuclear ,regulatory ,commission1 and the ,administrator of the ,environmental ,protection ,agency shall review periodically1 with the head of each department1 agency1 or instrumentality of the ,government1 all emergency response and preparedness training programs of that department1 agency1 or instrumentality to minimize duplication of effort and expense of the department1 agency1 or instrumentality in carrying out the programs and shall take necessary action to minimize duplication4 7h7 ,annual registration fee account and its uses ,the ,secretary of the ,treasury shall establish an account in the ,treasury 7to be known as the ,hazardous ,materials ,emergency ,preparedness ,fund7 into which the ,secretary of the ,treasury shall deposit amounts the ,secretary of ,transportation transfers to the ,secretary of the ,treasury under section #eajh7;g77#b77;,c7 of this title4 ,without further appropriation1 amounts in the account are available-- 7#a7 to make grants under this section2 7#b7 to monitor and provide technical assistance under subsection 7e7 of this section2 7#c7 to publish and distribute an emergency response guide2 and 7#d7 to pay administrative costs of carrying out this section and sections #eajh7;g77#b7 and #eaae of this title1 except that up to #d percent of the amounts made available from the account in a fiscal year may be used to pay those costs4 7i7 ,instructor training grants for emergency responders and hazardous materials employees 7#a7 ,in general ,the ,secretary shall make grants under this subsection-- 7,a7 for training instructors to conduct hazardous materials response training programs for individuals with statutory responsibility to respond to hazardous materials accidents and incidents2 7,b7 for training instructors to train hazmat employees2 and 7,c7 to the extent determined appropriate by the ,secretary1 for such instructors to train hazmat employees4 7#b7 ,eligibility for emergency responder training grants ,a grant under 7#a77;,a7 of this subsection shall be made through a competitive process to a nonprofit organization that-- 7,a7 demonstrates expertise in conducting a training program for hazmat emergency responders2 7,b7 has the ability to reach and involve in a training program a target population of hazmat emergency responders2 7,c7 agrees to use a course or courses developed or identified under section #eaae of this title or otherwise approved by the ,secretary2 7,d7 provides training courses that comply with ,federal regulations and national consensus standards for hazardous materials response and are offered on a nondiscriminatory basis2 and 7,e7 ensures that emergency responders who receive training under the grant will have the ability to protect nearby persons1 property1 and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or ,national ,fire ,protection ,association standards for competence of responders to accidents and incidents involving hazardous materials4 7#c7 ,eligibility for hazardous materials employee training grants ,a grant under 7#a77;,b7 and 7#a77;,c7 of this subsection shall be made on a competitive basis to a nonprofit organization that demonstrates expertise in providing training1 research1 technological development1 or a similar service intended to enhance the capabilities of hazardous materials employees4 7#d7 ,training of certain employees ,the ,secretary shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness and familiarization training and safety training pursuant to section #agb4gjd of title #di1 ,code of ,federal ,regulations4 7#e7 ,existing effort ,no grant under this subsection shall supplant or replace existing employer-provided hazardous materials training efforts or obligations4 7#f7 ,use of funds ,funds granted to an organization under this subsection shall only be used-- 7,a7 to provide training1 including portable training1 for instructors to conduct hazardous materials and hazardous materials response training programs2 7,b7 to purchase training equipment used exclusively to train instructors to conduct such training programs2 and 7,c7 to disseminate such information and materials as are necessary for the conduct of such training programs4 7#g7 ,portable training ,in this subsection1 the term portable training means live1 instructor-led training provided by certified instructors that can be offered in any suitable setting1 rather than specific designated facilities4 ,under this training delivery model1 instructors travel to locations convenient to students and utilize local facilities and resources4 7#h7 ,terms and conditions ,the ,secretary may impose such additional terms and conditions on grants to be made under this subsection as the ,secretary determines are necessary to protect the interests of the ,united ,states and to carry out the objectives of this subsection4 7j7 ,reports ,the ,secretary shall make an annual report available to the public 7in an electronically-accessible format74 ,the report submitted under this subsection shall include information on the allocation and uses of the planning and training grants allocated under subsection 7a71 and grants under subsection 7i7 of this section4 ,the report submitted under this subsection shall identify the ultimate recipients of such grants and include-- 7#a7 a detailed accounting and description of each grant expenditure by each grant recipient1 including the amount of1 and purpose for1 each expenditure2 7#b7 the number of persons trained under the grant program1 by training level2 7#c7 an evaluation of the efficacy of such planning and training programs2 and 7#d7 any recommendations the ,secretary may have for improving such grant programs4 4 7b7 ,conforming amendment ,the analysis for chapter #ea is amended by striking the item relating to section #eaaf and inserting the following3 #eaaf4 ,planning and training grants1 monitoring1 and review 4 7c7 ,training requirements ,section #eajg is amended by-- 7#a7 striking and grants from the section heading2 7#b7 deleting subsections 7e71 7f71 and 7h72 and 7#c7 redesignating subsection 7g7 as subsection 7e74 7d7 ,conforming amendment ,the analysis for chapter #ea is amended by striking the item relating to section #eajg and inserting the following3 #eajg4 ,,hazmat employee training requirements4 4 #fjaa4 ,civil penalty ,section #eabc is amended-- 7#a7 in subsection 7a77#a71 by striking #ge1jjj and inserting #bej1jjj2 and 7#b7 in subsection 7a77#b71 by striking #age1jjj and inserting #ejj1jjj2 #fjab4 ,general duty ,section #eajc1 as amended by this ,act1 is amended by-- 7#a7 redesignating subsections 7d7 and 7e7 as 7e7 and 7f71 respectively2 and 7#b7 inserting the following after subsection 7c73 7d7 ,duty for safe transportation ,a person shall-- 7#a7 take all reasonable measures and precautions to properly classify1 describe1 package1 mark and label1 and ensure proper condition for transportation of a hazardous material2 and 7#b7 comply with this chapter1 or a regulation prescribed1 or an order1 special permit or approval issued under this chapter4 4 #fjac4 ,authorization of appropriations ,the text of section #eabh is amended to read as follows3 7a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this chapter 7except sections #eajh7;g77#b71 #eaac1 #eaae1 #eaaf1 and #eaai of this title71 #eb1jjj1jjj for fiscal year #bjae and such sums as may be necessary for fiscal years #bjaf1 #bjag1 and #bjah4 7b7 ,hazardous materials emergency preparedness fund ,from the ,hazardous ,materials ,emergency ,preparedness ,fund established under section #eaaf7;h7 of this title1 the ,secretary may expend1 for each of fiscal years #bjae through #bjah-- 7#a7 #ahh1jjj to carry out section #eaae2 7#b7 #ba1hjj1jjj to carry out subsection 7a7 of section #eaaf2 7#c7 #aej1jjj to carry out section #eaaf7;e72 7#d7 #fbe1jjj to publish and distribute the ,emergency ,response ,guidebook under section #eaaf7;h77#c72 and 7#e7 #e1jjj1jjj to carry out section #eaaf7;i74 7c7 ,credits to ,appropriations 7#a7 ,expenses ,in addition to amounts otherwise made available to carry out this chapter1 the ,secretary may credit amounts received from a ,state1 ,indian tribe1 or other public authority or private entity for expenses the ,secretary incurs in providing training to the ,state1 authority1 or entity4 7#b7 ,availability of amounts ,amounts made available under this section shall remain available until expended4 4 #fjad4 ,elimination of certain ,,phmsa reporting requirements ,section #f of the ,norman ,y4 ,mineta ,research and ,special ,programs ,improvement ,act 7#di ,u4,s4,c4 #ajh note7 is amended-- 7#a7 by striking subsection 7b77#a72 and 7#b7 by striking the heading for subsection 7b7 and redesignating subsection 7b77#b7 as subsection 7b74 ,,vii ,amendments to the ,internal ,revenue ,code #gjja4 ,amendment of #aihf ,code ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 #gjjb4 ,extension of highway-related taxes 7a7 ,extension of taxes 7#a7 ,in general ,the following provisions are each amended by striking #bjaf each place it appears and inserting #bjbj3 7,a7 ,section #djda7;a77#a77;,c77iii77,i7 7relating to rate of tax on certain buses74 7,b7 ,section #djda7m77#a7 7relating to certain alcohol fuels74 7,c7 ,section #djea7;c7 7relating to termination of tax on heavy trucks and trailers74 7,d7 ,section #djga7;d7 7relating to termination of tax on tires74 7,e7 ,section #djha7;d77#a7 7relating to termination of tax on gasoline1 diesel fuel1 and kerosene74 7,f7 ,section #djha7;d77#c7 7relating to the ,leaking ,underground ,storage ,tank ,financing rate74 7#b7 ,extension of tax1 etc41 on use of certain heavy vehicles ,the following provisions are each amended by striking #bjag each place it appears and inserting #bjbj3 7,a7 ,section #ddha7;f7 7relating to period tax in effect74 7,b7 ,section #ddhb7;c77#d7 7relating to taxable period74 7,c7 ,section #ddhb7;d7 7relating to special rule for taxable period in which termination date occurs74 7#c7 ,floor stocks refunds ,section #fdab7;a77#a7 7relating to floor stocks refunds7 is amended-- 7,a7 by striking #bjaf each place it appears and inserting #bjbj2 and 7,b7 by striking #bjag each place it appears and inserting #bjba4 7b7 ,extension of certain exemptions 7#a7 ,certain tax-free sales ,section #dbba7;a7 7relating to certain tax-free sales7 is amended by striking #bjaf and inserting #bjbj4 7#b7 ,termination of exemptions for highway use tax ,section #ddhc7;i7 7relating to termination of exemptions for highway use tax7 is amended by striking #bjag and inserting #bjba4 #gjjc4 ,extension of provisions related to the ,sport ,fish ,restoration and ,boating ,trust ,fund 7a7 ,extension of expenditures from the trust fund ,subparagraphs 7,a7 through 7,c7 of paragraph 7#b7 of section #iejd7;b7 of such ,code are amended to read as follows3 7,a7 to carry out the purposes of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7as in effect on the date of the enactment of the ,,grow ,,america ,act71 7,b7 to carry out the purposes of section #gdjd7;d7 of the ,transportation ,equity ,act for the #bast ,century 7as in effect on the date of the enactment of the ,,grow ,,america ,act71 and 7,c7 to carry out the purposes of the ,coastal ,wetlands ,planning1 ,protection and ,restoration ,act 7as in effect on the date of the enactment of the ,,grow ,,america ,act74 4 7b7 ,exception to limitation on transfers ,paragraph 7#b7 of section #iejd7;d7 is amended by striking ,october #a1 #bjad1 and inserting ,october #a1 #bjah14 #gjjd4 ,transportation ,trust ,fund 7a7 ,creation of transportation trust fund ,section #iejc is amended to read as follows3 #iejc4 ,transportation ,trust ,fund 7a7 ,creation of trust fund ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,transportation ,trust ,fund1 consisting of such amounts as may be appropriated or credited to the ,transportation ,trust ,fund as provided in this section or section #ifjb7;b74 ,the ,transportation ,trust ,fund is a successor to the ,highway ,trust ,fund established under this section as in effect prior to the enactment of the ,transportation ,jobs ,act for the #bast ,century4 ,all references to the ,mass ,transit ,account of the ,highway ,trust ,fund are deemed to be references to the ,mass ,transit ,account of the ,transportation ,trust ,fund under subsection 7e74 ,all references to the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 or to the ,highway ,account of the ,highway ,trust ,fund are deemed to be references to the ,highway ,account of the ,transportation ,trust ,fund under subsection 7f74 7b7 ,appropriation to the transportation trust fund of amounts equivalent to certain taxes and penalties 7#a7 ,certain taxes ,there are hereby appropriated to the ,transportation ,trust ,fund amounts equivalent to the taxes received in the ,treasury before ,october #a1 #bjbj1 under the following provisions-- 7,a7 section #djda 7relating to taxes on diesel fuels and special motor fuels71 7,b7 section #djea 7relating to retail tax on heavy trucks and trailers71 7,c7 section #djga 7relating to tax on tires71 7,d7 section #djha 7relating to tax on gasoline1 diesel fuel1 and kerosene71 and 7,e7 section #ddha 7relating to tax on use of certain vehicles74 ,for purposes of this paragraph1 taxes received under sections #djda and #djha shall be determined without reduction for credits under section #fdbf4 7#b7 ,liabilities incurred before ,october #a1 #bjbj ,there are hereby appropriated to the ,transportation ,trust ,fund amounts equivalent to the taxes which are received in the ,treasury after ,september #cj1 #bjbj1 and before ,july #a1 #bjba1 and which are attributable to liability for tax incurred before ,october #a1 #bjbj1 under the provisions described in paragraph 7#a74 7#c7 ,certain taxes not transferred to transportation trust fund ,for purposes of paragraphs 7#a7 and 7#b71 there shall not be taken into account the taxes imposed by-- 7,a7 section #djda7;d71 7,b7 section #djha to the extent attributable to the rate specified in section #djha7;a77#b77;,b71 7,c7 section #djda or #djha to the extent attributable to fuel used in a train1 or 7,d7 in the case of gasoline and special motor fuels used as described in paragraph 7#c77;,d7 or 7#d77;,b7 of subsection 7c71 section #djda or #djha with respect to so much of the rate of tax as exceeds-- 7i7 #aa4e cents per gallon with respect to taxes imposed before ,october #a1 #bjja1 7ii7 #ac cents per gallon with respect to taxes imposed after ,september #cj1 #bjja1 and before ,october #a1 #bjjc1 and 7iii7 #ac4e cents per gallon with respect to taxes imposed after ,september #cj1 #bjjc1 and before ,october #a1 #bjje4 7#d7 ,certain penalties ,there are hereby appropriated to the ,transportation ,trust ,fund amounts equivalent to the penalties paid under sections #fgae1 #fgae;,a1 #fgag1 #fgah1 #fgai1 #fgbj;,a1 #fgbe1 #gbcb1 and #gbgb 7but only with regard to penalties under each such section related to failure to register under section #daja74 7c7 ,floor stocks refunds ,the ,secretary shall pay from time to time from the ,transportation ,trust ,fund into the general fund of the ,treasury amounts equivalent to the floor stocks refunds made before ,july #a1 #bjba1 under section #fdab7;a74 ,the amounts payable from the each account in the ,transportation ,trust ,fund under the preceding sentence shall be determined by taking into account only the portion of the taxes which are deposited into the ,transportation ,trust ,fund and into each account of such ,fund4 7d7 ,transfers from the trust fund for taxes on certain uses of fuel 7#a7 ,motorboat fuel taxes 7,a7 ,transfer to land and water conservation fund 7i7 ,in general ,the ,secretary shall pay from time to time from the ,transportation ,trust ,fund into the land and water conservation fund provided for in title ,i of the ,land and ,water ,conservation ,fund ,act of #aife amounts 7as determined by the ,secretary7 equivalent to the motorboat fuel taxes received on or after ,october #a1 #bjje1 and before ,october #a1 #bjbj4 7ii7 ,limitation ,the aggregate amount transferred under this subparagraph during any fiscal year shall not exceed #a1jjj1jjj4 7#b7 ,excess funds transferred to sport fish restoration and boating trust fund ,any amounts in the ,transportation ,trust ,fund-- 7,a7 which are attributable to motorboat fuel taxes1 and 7,b7 which are not transferred from the ,transportation ,trust ,fund under paragraph 7#a77;,a71 shall be transferred by the ,secretary from the ,transportation ,trust ,fund into the ,sport ,fish ,restoration and ,boating ,trust ,fund4 7#c7 ,motorboat fuel taxes ,for purposes of this paragraph1 the term motorboat fuel taxes means the taxes under section #djda7;a77#b7 with respect to special motor fuels used as fuel in motorboats and under section #djha with respect to gasoline used as fuel in motorboats1 but only to the extent such taxes are deposited into the ,transportation ,trust ,fund4 7#d7 ,determination ,the amount of transfers made under this paragraph after ,october #a1 #aihf shall be determined by the ,secretary in accordance with the methodology described in the ,treasury ,department's ,report to ,congress of ,june #aihf entitled ,gasoline ,excise ,tax ,revenues ,attributable to ,fuel ,used in ,recreational ,motorboats4 7#e7 ,transfers from the trust fund for small-engine fuel taxes 7,a7 ,in general ,the ,secretary shall pay from time to time from the ,transportation ,trust ,fund into the ,sport ,fish ,restoration and ,boating ,trust ,fund amounts 7as determined by him7 equivalent to the small-engine fuel taxes received on or after ,december #a1 #aiij1 and before ,october #a1 #bjbj4 7,b7 ,small-engine fuel taxes ,for purposes of this paragraph1 the term small-engine fuel taxes means the taxes under section #djha with respect to gasoline used as a fuel in the nonbusiness use of small-engine outdoor power equipment1 but only to the extent such taxes are deposited into the ,transportation ,trust ,fund and into each account of such ,fund4 7#f7 ,transfers from the trust fund for certain aviation fuel taxes ,the ,secretary shall pay at least monthly from the ,transportation ,trust ,fund into the ,airport and ,airway ,trust ,fund amounts 7as determined by the ,secretary7 equivalent to the taxes received on or after ,october #a1 #bjje1 and before ,october #a1 #bjbj1 under section #djha with respect to so much of the rate of tax as does not exceed4 7,a7 #d4c cents per gallon of kerosene subject to section #fdbg7l77#d77;,a7 with respect to which a payment has been made by the ,secretary under section #fdbg7l71 and 7,b7 #ba4h cents per gallon of kerosene subject to section #fdbg7l77#d77;,b7 with respect to which a payment has been made by the ,secretary under section #fdbg7l74 ,transfers under the preceding sentence shall be made on the basis of estimates by the ,secretary1 and proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred4 ,any amount allowed as a credit under section #cd by reason of paragraph 7#d7 of section #fdbg7l7 shall be treated for purposes of subparagraphs 7,a7 and 7,b7 as a payment made by the ,secretary under such paragraph4 7e7 ,establishment of mass transit account 7#a7 ,creation of account ,there is established in the ,transportation ,trust ,fund a separate account to be known as the ,mass ,transit ,account consisting of such amounts as may be transferred or credited to the ,mass ,transit ,account as provided in this section or section #ifjb7;b74 7#b7 ,transfers to mass transit account ,the ,secretary of the ,treasury shall transfer to the ,mass ,transit ,account-- 7,a7 the mass transit portion of the amounts appropriated to the ,transportation ,trust ,fund under subsection 7b7 which are attributable to taxes under sections #djda and #djha imposed after ,march #ca1 #aihc4 ,for purposes of the preceding sentence1 the term mass transit portion means1 for any fuel with respect to which tax was imposed under section #djda or #djha and otherwise deposited into the ,transportation ,trust ,fund1 the amount determined at the rate of-- 7i7 except as otherwise provided in this sentence1 #b4hf cents per gallon1 7ii7 #a4dc cents per gallon in the case of any partially exempt methanol or ethanol fuel 7as defined in section #djda7m77 none of the alcohol in which consists of ethanol1 7iii7 #a4hf cents per gallon in the case of liquefied natural gas1 7iv7 #b4ac cents per gallon in the case of liquefied petroleum gas1 7v7 #a4bc cents per energy equivalent of a gallon of gasoline in the case of compressed natural gas1 and 7,b7 additional amounts appropriated to the ,mass ,transit ,account by subsection 7h77#a77;,b74 7#c7 ,expenditures from account ,amounts in the ,mass ,transit ,account shall be available1 as provided by appropriation ,acts1 for making capital or capital related expenditures 7including capital expenditures for new projects7 before ,october #a1 #bjah1 in accordance with the ,,grow ,,america ,act or any other provision of law which was referred to in this paragraph before the date of the enactment of such ,act 7as such ,act and provisions of law are in effect on the date of the enactment of such ,act74 7#d7 ,limitation on transfers to the account 7,a7 ,in general ,except as provided in subparagraph 7,b71 no amount may be transferred to the ,mass ,transit ,account on and after the date of any expenditure from the ,mass ,transit ,account which is not permitted by this subsection4 ,the determination of whether an expenditure is so permitted shall be made without regard to-- 7i7 any provision of law which is not contained or referenced in this title or in a revenue ,act1 and 7ii7 whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph4 7,b7 ,exception for prior obligations ,subparagraph 7,a7 shall not apply to any expenditure to liquidate any contract entered into 7or for any amount otherwise obligated7 before ,october #a1 #bjah1 in accordance with the provisions of this section4 7f7 ,establishment of highway account 7#a7 ,creation of account ,there is established in the ,transportation ,trust ,fund a separate account to be known as the ,highway ,account consisting of such amounts as may be transferred or credited to the ,highway ,account as provided in this section or section #ifjb7;b74 7#b7 ,transfers to the highway account ,the ,secretary of the ,treasury shall transfer to the ,highway ,account-- 7,a7 the portion of the taxes appropriated to the ,transportation ,trust ,fund by-- 7i7 subparagraphs 7,b71 7,c71 and 7,e7 of subsection 7b77#a71 and 7ii7 subparagraphs 7,a7 and 7,d7 of subsection 7b77#a71 but only to the extent that such taxes are not required to be transferred to the ,mass ,transit ,account under subsection 7e71 7,b7 additional amounts appropriated to the ,highway ,account by subsection 7h77#a77;,a72 and 7,c7 fines and penalties appropriated to the ,transportation ,trust ,fund by subsection 7b77#d7 and by section #eba7;b77#aj7 of title #di1 ,united ,states ,code4 7#c7 ,limitation on transfers to the account 7,a7 ,in general ,except as provided in subparagraph 7,b71 no amount may be transferred to the ,highway ,account on and after the date of any expenditure from the ,highway ,account which is not permitted by this subsection4 ,the determination of whether an expenditure is so permitted shall be made without regard to-- 7i7 any provision of law which is not contained or referenced in this title or in a revenue ,act1 and 7ii7 whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph4 7,b7 ,exception for prior obligations ,subparagraph 7,a7 shall not apply to any expenditure to liquidate any contract entered into 7or for any amount otherwise obligated7 before ,october #a1 #bjah1 in accordance with the provisions of this section4 7#d7 ,expenditures from account ,amounts in the ,highway ,account of the ,transportation ,trust ,fund shall be available1 as provided by appropriation acts1 for making expenditures before ,october #a1 #bjah1 to meet those obligations of the ,united ,states heretofore or hereafter incurred which are authorized to be paid out of the ,highway ,account under the ,,grow ,,america ,act or any other provision of law which was referred to in paragraph 7c77#a7 7as in effect on the day before enactment of such ,act7 before the date of the enactment of such ,act 7as such ,act and provisions of law are in effect on the date of the enactment of such ,act74 7g7 ,establishment of rail account 7#a7 ,creation of account ,there is established in the ,transportation ,trust ,fund a separate account to be known as the ,rail ,account consisting of such amounts as may be transferred or credited to the ,rail ,account as provided in this section or section #ifjb7;b74 7#b7 ,transfers to the rail account ,the ,secretary of the ,treasury shall transfer to the ,rail ,account amounts appropriated to the ,rail ,account by subsection 7h77#a77;,c74 7#c7 ,limitation on transfers to the account 7,a7 ,in general ,except as provided in subparagraph 7,b71 no amount may be transferred to the ,rail ,account on and after the date of any expenditure from the ,rail ,account which is not permitted by this subsection4 ,the determination of whether an expenditure is so permitted shall be made without regard to-- 7i7 any provision of law which is not contained or referenced in this title or in a revenue ,act1 and 7ii7 whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph4 7,b7 ,exception for prior obligations ,subparagraph 7,a7 shall not apply to any expenditure to liquidate any contract entered into 7or for any amount otherwise obligated7 before ,october #a1 #bjah1 in accordance with the provisions of this section4 7#d7 ,expenditures from account ,amounts in the ,rail ,account of the ,transportation ,trust ,fund shall be available1 as provided by appropriation acts1 for making expenditures before ,october #a1 #bjah1 to meet those obligations of the ,united ,states heretofore or hereafter incurred which are authorized to be paid out of the ,rail ,account under the ,,grow ,,america ,act4 7h7 ,additional appropriations 7#a7 ,additional ,appropriations to trust fund ,out of money in the ,treasury not otherwise appropriated1 there is hereby appropriated to-- 7,a7 the ,highway ,account in the ,transportation ,trust ,fund-- 7i7 for fiscal year #bjae1 #be1jjj1jjj1jjj1 7ii7 for fiscal year #bjaf1 #bd1jjj1jjj1jjj1 7iii7 for fiscal year #bjag1 #af1gjj1jjj1jjj1 and 7iv7 for fiscal year #bjah1 #h1gjj1jjj1jjj1 and 7,b7 the ,mass ,transit ,account in the ,transportation ,trust ,fund-- 7i7 for fiscal year #bjae1 #i1jjj1jjj1jjj1 7ii7 for fiscal year #bjaf1 #aj1jjj1jjj1jjj1 7iii7 for fiscal year #bjag1 #aj1jjj1jjj1jjj1 and 7iv7 for fiscal year #bjah1 #bb1eej1jjj1jjj1 7,c7 the ,rail ,account in the ,transportation ,trust ,fund-- 7i7 for fiscal year #bjae1 #c1jjj1jjj1jjj1 7ii7 for fiscal year #bjaf1 #c1jjj1jjj1jjj1 7iii7 for fiscal year #bjag1 #h1jjj1jjj1jjj1 and 7iv7 for fiscal year #bjah1 #e1jej1jjj1jjj2 and 7,d7 the ,multimodal ,account in the ,transportation ,trust ,fund-- 7i7 for fiscal year #bjae1 #ejj1jjj1jjj1 7ii7 for fiscal year #bjaf1 #ejj1jjj1jjj1 7iii7 for fiscal year #bjag1 #b1hjj1jjj1jjj1 and 7iv7 for fiscal year #bjah1 #a1bjj1jjj1jjj4 7#b7 ,treatment of ,appropriated amounts ,any amount appropriated under this subsection shall remain available without fiscal year limitation4 7i7 ,adjustments of ,apportionments for highway and mass transit account programs ,the ,secretary of the ,treasury and where so indicated1 the ,secretary of ,transportation1 shall take the following actions for the ,highway ,account and separately for the ,mass ,transit ,account-- 7#a7 ,estimates of unfunded authorizations and net receipts for account ,the ,secretary of the ,treasury1 not less frequently than once in each calendar quarter1 after consultation with the ,secretary of ,transportation1 shall estimate for the ,account-- 7,a7 the amount which would 7but for this subsection7 be the unfunded authorizations at the close of the next fiscal year1 and 7,b7 the net receipts for the #dh-month period beginning at the close of such fiscal year4 7#b7 ,procedure where there are excess unfunded authorizations ,if the ,secretary of the ,treasury determines for any fiscal year that the amount described in paragraph 7#a77;,a7 for the ,account exceeds the amount described in paragraph 7#a77;,b7 for such ,account-- 7,a7 the ,secretary shall so advise the ,secretary of ,transportation1 and 7,b7 the ,secretary shall further advise the ,secretary of ,transportation as to the amount of such excess4 7#c7 ,adjustment of ,apportionments where unfunded authorizations exceed #d years' receipts 7,a7 ,determination of percentage ,if1 before any apportionment to the ,states is made of funds authorized to be appropriated from the ,account in the most recent estimate made by the ,secretary of the ,treasury there is an excess referred to in paragraph 7#b77;,b7 for the ,account1 the ,secretary of ,transportation shall determine the percentage which-- 7i7 the excess referred to in paragraph 7#b77;,b7 for the ,account1 is of 7ii7 the amount authorized to be appropriated from that ,account of the ,trust ,fund for the fiscal year for apportionment to the ,states4 ,if1 but for this sentence1 the most recent estimate would be one which was made on a date which will be more than #c months before the date of the apportionment1 the ,secretary of the ,treasury shall make a new estimate under paragraph 7#a7 for the appropriate fiscal year4 7,b7 ,adjustment of ,apportionments ,if the ,secretary of ,transportation determines a percentage for the ,account under subparagraph 7,a7 for purposes of any apportionment1 notwithstanding any other provision of law1 the ,secretary of ,transportation shall apportion to the ,states 7in lieu of the amount which1 but for the provisions of this subsection1 would be so apportioned7 the amount obtained by reducing the amount authorized to be so apportioned by such percentage4 7#d7 ,apportionment of amounts previously withheld from ,apportionment ,if1 after funds have been withheld from apportionment under paragraph 7#c77;,b71 the ,secretary of the ,treasury determines that the amount described in paragraph 7#a77;,a7 does not exceed the amount described in paragraph 7#a77;,b7 or that the excess described in paragraph 7#a77;,b7 is less than the amount previously determined1 he shall so advise the ,secretary of ,transportation4 ,the ,secretary of ,transportation shall apportion to the ,states such portion of the funds so withheld from apportionment as the ,secretary of the ,treasury has advised him may be so apportioned without causing the amount described in paragraph 7#a77;,a7 to exceed the amount described in paragraph 7#a77;,b74 ,any funds apportioned pursuant to the preceding sentence shall remain available for the period for which they would be available if such apportionment took effect with the fiscal year in which they are apportioned pursuant to the preceding sentence4 7#e7 ,definitions ,for purposes of this subsection-- 7,a7 ,unfunded authorizations ,the term unfunded authorizations means1 at any time1 the excess 7if any7 of-- 7i7 the total potential unpaid commitments at such time as a result of the apportionment to the ,states of the amounts authorized to be appropriated from the ,account1 over 7ii7 the amount available in the that ,account at such time to defray such commitments 7after all other unpaid commitments at such time which are payable from that ,account have been defrayed74 7,b7 ,net receipts ,the term net receipts means1 with respect to any period1 the excess of-- 7i7 the receipts 7including interest7 of the ,account during such period1 over 7ii7 the amounts to be transferred during such period from such ,account under subsection 7d74 7#f7 ,measurement of net receipts ,for purposes of making any estimate under paragraph 7#a7 of net receipts for periods ending after the date specified in subsection 7b77#a71 the ,secretary of the ,treasury shall treat-- 7,a7 each expiring provision of subsection 7b7 which is related to appropriations or transfers to the ,highway ,account or the ,mass ,transit ,account of the ,transportation ,trust ,fund to have been extended through the end of the #dh-month period referred to in paragraph 7#a77;,b71 and 7,b7 with respect to each tax imposed under the sections referred to in subsection 7b77#a71 the rate of such tax during the #dh-month period referred to in paragraph 7#a77;,b7 to be the same as the rate of such tax as in effect on the date of such estimate4 7#g7 ,reports ,any estimate under paragraph 7#a7 and any determination under paragraph 7#b7 shall be reported by the ,secretary of the ,treasury to the ,committee on ,ways and ,means of the ,house of ,representatives1 the ,committee on ,finance of the ,senate1 the ,committees on the ,budget of both ,houses1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,banking1 and the ,committee on ,environment and ,public ,works of the ,senate4 7j7 ,establishment of multimodal account 7#a7 ,creation of account ,there is established in the ,transportation ,trust ,fund a separate account to be known as the ,multimodal ,account consisting of such amounts as may be transferred or credited to the ,multimodal ,account as provided in this section or section #ifjb7;b74 7#b7 ,transfers to the multimodal account ,the ,secretary of the ,treasury shall transfer to the ,multimodal ,account amounts appropriated to the ,multimodal ,account by subsection 7h77#a77;,d74 7#c7 ,limitation on transfers to the account 7,a7 ,in general ,except as provided in subparagraph 7,b71 no amount may be transferred to the ,multimodal ,account on and after the date of any expenditure from the ,multimodal ,account which is not permitted by this subsection4 ,the determination of whether an expenditure is so permitted shall be made without regard to-- 7i7 any provision of law which is not contained or referenced in this title or in a revenue ,act1 and 7ii7 whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph4 7,b7 ,exception for prior obligations ,subparagraph 7,a7 shall not apply to any expenditure to liquidate any contract entered into 7or for any amount otherwise obligated7 before ,october #a1 #bjah1 in accordance with the provisions of this section4 7#d7 ,expenditures from account ,amounts in the ,multimodal ,account of the ,transportation ,trust ,fund shall be available1 as provided by appropriation acts1 for making expenditures before ,october #a1 #bjah1 to meet those obligations of the ,united ,states heretofore or hereafter incurred which are authorized to be paid out of the ,multimodal ,account under the ,,grow ,,america ,act4 4 7b7 ,conforming amendments 7#a7 ,the item relating to section #iejc in the analysis of chapter #ih of the ,internal ,revenue ,code of #aihf is amended by striking ,highway and inserting ,transportation4 7#b7 ,section #bja7;b7 of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#aa7;b7 is amended-- 7,a7 by striking #bjag and inserting #bjbj1 and 7,b7 by striking #bjaf each place it appears and inserting #bjba4 7#c7 ,section #eba7;b77#aj7 of title #di1 ,united ,states ,code1 is amended by striking ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 and inserting ,highway ,account of the ,transportation ,trust ,fund4 #gjje4 ,effective date ,the amendments made by this title shall take effect on the date of the enactment of this ,act4 ,,viii ,research ,a ,funding #hjja4 ,authorization of appropriations 7a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,account of the ,transportation ,trust ,fund3 7#a7 ,highway research and development program ,to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code-- 7,a7 #acj1jjj1jjj for fiscal year #bjae2 7,b7 #acb1eid1bcd for fiscal year #bjaf2 7,c7 #ace1ahh1dgj for fiscal year #bjag2 and 7,d7 #ach1jgj1iec for fiscal year #bjah4 7#b7 ,technology and innovation deployment program ,to carry out section #ejc7;c7 of title #bc1 ,united ,states ,code-- 7,a7 #gj1jjj1jjj for fiscal year #bjae2 7,b7 #ga1cif1hif for fiscal year #bjaf2 7,c7 #gb1gic1gib for fiscal year #bjag2 and 7,d7 #gd1cde1hih for fiscal year #bjah4 7#c7 ,training and education ,to carry out section #ejd of title #bc1 ,united ,states ,code-- 7,a7 #bg1jjj1jjj for fiscal year #bjae2 7,b7 #bg1ech1hjc for fiscal year #bjaf2 7,c7 #bh1jgg1fje for fiscal year #bjag2 and 7,d7 #bh1fgf1bge for fiscal year #bjah4 7#d7 ,intelligent transportation systems program ,to carry out sections #eab through #eai of title #bc1 ,united ,states ,code-- 7,a7 #aac1jjj1jjj for fiscal year #bjae2 7,b7 #aae1bed1ihi for fiscal year #bjaf2 7,c7 #aag1eji1igh for fiscal year #bjag2 and 7,d7 #abj1jae1eba for fiscal year #bjah4 7#e7 ,university transportation centers program ,to carry out section #eeje of title #di1 ,united ,states ,code-- 7,a7 #hb1jjj1jjj for fiscal year #bjae2 7,b7 #hc1fcf1cfd for fiscal year #bjaf2 7,c7 #he1bgb1gbg for fiscal year #bjag2 and 7,d7 #hg1jij1iji for fiscal year #bjah4 7#f7 ,bureau of transportation statistics ,to carry out chapter #fc of title #di1 ,united ,states ,code-- 7,a7 #bi1jjj1jjj for fiscal year #bjae2 7,b7 #bi1egh1gad for fiscal year #bjaf2 7,c7 #cj1aeg1dbh for fiscal year #bjag2 and 7,d7 #cj1hjj1ddd for fiscal year #bjah4 7b7 ,applicability of title #bc1 united states code ,funds authorized to be appropriated by subsection 7a7 shall-- 7#a7 be available for obligation in the same manner as if those funds were apportioned under chapter #a of title #bc1 ,united ,states ,code1 except that the ,federal share of the cost of a project or activity carried out using those funds shall be #hj percent1 unless otherwise expressly provided by this ,act 7including the amendments by this ,act7 or otherwise determined by the ,secretary2 and 7#b7 remain available until expended and not be transferable4 ,b ,research1 ,technology1 and ,education #haja4 ,national ,cooperative ,freight ,transportation ,research ,program 7a7 ,in general ,chapter #e of title #bc1 ,united ,states ,code1 is amended by inserting the following at the end3 #eej4 ,national ,cooperative ,freight ,transportation ,research ,program 7a7 ,establishment ,the ,secretary shall establish and support a ,national ,cooperative ,freight ,transportation ,research ,program4 7b7 ,agreement ,the ,secretary shall enter into an agreement with the ,transportation ,research ,board of the ,national ,research ,council of the ,national ,academies to support and carry out administrative and management activities relating to the governance of the ,national ,cooperative ,freight ,transportation ,research ,program4 7c7 ,advisory committee ,the ,national ,academies shall select an advisory committee consisting of a representative cross section of freight stakeholders1 including the ,department of ,transportation1 other ,federal agencies1 ,state transportation departments1 local governments1 nonprofit entities1 academia1 private sector carriers and shippers1 and other interested parties4 7d7 ,governance ,the ,national ,cooperative ,freight ,transportation ,research ,program established under this section shall include the following administrative and management elements3 7#a7 ,national research agenda ,the advisory committee1 in consultation with interested parties1 shall recommend a national research agenda for the program4 ,the agenda shall-- 7,a7 include an emphasis on the safe and efficient transportation and handling of hazardous materials by all modes of transportation2 7,b7 include a multiyear strategic plan2 7,c7 be fully coordinated with the activities1 plans1 and reports required by sections #ecjd and #ecje of title #di2 and 7,d7 be fully coordinated with the activities1 plans1 and reports required by section #ejh of title #bc1 ,united ,states ,code4 7#b7 ,involvement ,interested parties may-- 7,a7 submit research proposals to the advisory committee2 7,b7 participate in merit reviews of research proposals and peer reviews of research products2 and 7,c7 receive research results4 7#c7 ,open competition and peer review of research proposals ,the ,national ,academies may award research contracts and grants under the program through open competition and merit review conducted on a regular basis4 7#d7 ,research coordination ,the ,national ,academies shall ensure that research contracts and grants awarded under this section are not duplicative with research conducted under other cooperative transportation research programs governed by the ,national ,academies2 nor with research conducted by the ,department of ,transportation or any other ,federal1 ,state1 or local agency4 7#e7 ,evaluation of research 7,a7 ,peer review ,research contracts and grants under the program may allow peer review of the research results4 7,b7 ,programmatic evaluations ,the ,national ,academies may conduct periodic programmatic evaluations on a regular basis of research contracts and grants4 7#f7 ,dissemination of research findings ,the ,national ,academies shall disseminate research findings to researchers1 practitioners1 and decisionmakers1 through conferences and seminars1 field demonstrations1 workshops1 training programs1 presentations1 testimony to government officials1 the ,world ,wide ,web1 publications for the general public1 collaboration with the ,national ,transportation ,library1 and other appropriate means4 7e7 ,contents ,the national research agenda required under subsection 7d77#a7 shall at a minimum include research in the following areas3 7#a7 ,techniques for estimating and quantifying public benefits derived from freight transportation projects4 7#b7 ,alternative approaches to calculating the contribution of truck and rail traffic to congestion on specific highway segments4 7#c7 ,the feasibility of consolidating origins and destinations for freight movement4 7#d7 ,methods for incorporating estimates of domestic and international trade into landside transportation planning4 7#e7 ,means of synchronizing infrastructure improvements with freight transportation demand4 7#f7 ,the effect of changing patterns of freight movement on transportation planning decisions4 7#g7 ,other research areas to identify and address emerging and future research needs related to freight transportation by all modes4 7f7 ,funding 7#a7 ,federal share ,the ,federal share of the cost of an activity carried out under this section shall be up to #ajj percent4 7#b7 ,use of non-federal funds ,in addition to using funds authorized for this section1 the ,national ,academies may seek and accept additional funding sources from public and private entities capable of accepting funding from the ,department of ,transportation1 ,states1 local governments1 nonprofit foundations1 and the private sector4 4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,transportation such sums as may be necessary to carry out section #eej of such title4 7c7 ,conforming amendment ,the analysis for chapter #eja of title #bc1 ,united ,states ,code1 is amended by adding the following at the end3 #eej4 ,national cooperative freight transportation research program4 4 #hajb4 ,competitive ,university ,transportation ,centers ,consortia ,program 7a7 ,in general ,section #eeje of title #di1 ,united ,states ,code1 is amended as follows3 7#a7 ,subsection 7a77#b77;,a7 is amended to read3 7,a7 to advance multimodal and cross-modal transportation expertise and technology in the varied disciplines that comprise the field of transportation through education1 research1 and technology transfer activities2 4 7#b7 ,subsection 7a77#b77;,c7 of title #di is amended to read3 7,c7 to address critical workforce needs and educate the next generation of transportation leaders in a multidisciplinary fashion4 4 7#c7 ,subsection 7b7 is amended to read as follows3 7b7 ,competitive selection process 7#a7 ,applications ,to receive a grant under this section1 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 require4 7#b7 ,restriction ,the lead institution of a consortium of nonprofit institutions of higher education that receives a direct grant award under this section for a national transportation center or a regional transportation center in a fiscal year shall not be eligible to receive funding1 direct or indirectly1 from an additional grant in that fiscal year as the lead institution or member of a consortium1 for a national transportation center or a regional transportation center4 7#c7 ,coordination ,the ,secretary shall solicit grant applications for national transportation centers1 regional transportation centers1 and ,tier #a university transportation centers with identical advertisement schedules and deadlines4 7#d7 ,general selection criteria 7,a7 ,in general ,except as otherwise provided by this section1 the ,secretary shall award grants under this section in nonexclusive candidate topic areas established by the ,secretary that address the research priorities identified in the plans developed under section #ejh of title #bc4 7,b7 ,criteria ,the ,secretary1 in consultation with the ,assistant ,secretary for ,research and ,technology and the ,administrators of the ,federal ,highway ,administration and ,federal ,railroad ,administration1 shall select each recipient of a grant under this section through a competitive process based on the assessment of the ,secretary relating to-- 7i7 the demonstrated ability of the recipient to address each specific topic area described in the research and strategic plans of the recipient2 7ii7 the demonstrated research1 technology transfer1 and education resources available to the recipient to carry out this section2 7iii7 the ability of the recipient to provide leadership in solving immediate and long-range national and regional transportation problems2 7iv7 the ability of the recipient to carry out research1 education1 and technology transfer activities that are multimodal and multidisciplinary in scope2 7v7 the demonstrated commitment of the recipient to carry out transportation workforce development programs through-- 7,i7 degree-granting programs or programs that provide other industry-recognized credentials2 and 7,,ii7 outreach activities to attract new entrants into the transportation field1 including minorities1 women1 individuals with disabilities1 veterans1 low-income populations1 and others who may not have considered pursuing careers in transportation previously2 7vi7 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 programs2 7vii7 the demonstrated commitment of the recipient to the use of peer review principles and other research best practices in the selection1 management1 and dissemination of research projects2 7viii7 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 research1 technology transfer1 education1 and outreach goals2 and 7ix7 the ability of the recipient to implement the proposed program in a cost-efficient manner1 such as through cost sharing and overall reduced overhead1 facilities1 and administrative costs4 7#e7 ,transparency 7,a7 ,in general ,the ,secretary shall provide to each applicant1 upon request1 any materials1 including copies of reviews 7with any information that would identify a reviewer redacted71 used in the evaluation process of the proposal of the applicant4 7,b7 ,reports ,the ,secretary shall make available to the public on a ,department of ,transportation ,web site a report describing the overall review process under paragraph 7#c7 that includes-- 7i7 specific criteria of evaluation used in the review2 7ii7 descriptions of the review process2 and 7iii7 explanations of the selected awards4 7#f7 ,outside stakeholders ,the ,secretary shall1 to the maximum extent practicable1 consult external stakeholders such as the ,transportation ,research ,board of the ,national ,research ,council of the ,national ,academies to evaluate and competitively review all proposals4 4 7#d7 ,subsection 7c7 is amended to read as follows3 7c7 ,grants 7#a7 ,in general ,not later than #a year after the date of enactment of the ,,grow ,,america ,act1 the ,secretary1 in consultation with the ,assistant ,secretary for ,research and ,technology and the ,administrators of the ,federal ,highway ,administration and ,federal ,railroad ,administration1 shall select grant recipients under subsection 7b7 and make grant amounts available to the selected recipients4 7#b7 ,focused research ,in awarding grants under this paragraph1 consideration shall be given to minority institutions1 as defined by section #cfe of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgk71 or consortia that include such institutions that have demonstrated an ability in transportation-related research and education4 7#c7 ,national transportation centers 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall provide grants to #e consortia that the ,secretary determines best meet the criteria described in subsection 7b77#d74 7,b7 ,restriction ,for each fiscal year1 a grant made available under this paragraph shall be #c1bjj1jjj per recipient4 7,c7 ,matching requirement 7i7 ,in general ,as a condition of receiving a grant under this paragraph1 a grant recipient shall match #ajj percent of the amounts made available under the grant4 7ii7 ,sources ,the matching amounts referred to in clause 7i7 may include-- 7,i7 amounts made available to the recipient under title ,i of this ,act2 7,,ii7 amounts made available to the recipient by the several administrations of the ,department of ,transportation2 and 7,,iii7 amounts made available to the recipient by other ,federal departments1 agencies1 independent agencies1 boards1 and other ,federal elements with interests in transportation4 7#d7 ,regional university transportation centers 7,a7 ,location of regional centers ,one regional university transportation center shall be located in each of the #aj ,federal regions that comprise the ,standard ,federal ,regions established by the ,office of ,management and ,budget in the document entitled ,standard ,federal ,regions and dated ,april #aigd 7circular ,a-#aje74 7,b7 ,selection criteria ,in conducting a competition under subsection 7b71 the ,secretary shall provide grants to #aj consortia on the basis of-- 7i7 the criteria described in subsection 7b77#c72 7ii7 the location of the center within the ,federal region to be served2 and 7iii7 whether the consortium of institutions demonstrates that the consortium has well-established1 nationally recognized multimodal and multidisciplinary programs in transportation research and education1 as evidenced by-- 7,i7 recent expenditures by the institution in surface transportation research2 7,,ii7 a historical track record of awarding graduate degrees in professional fields closely related to surface transportation2 and 7,,iii7 an experienced faculty who specialize in professional fields closely related to surface transportation4 7,c7 ,restrictions ,for each fiscal year1 a grant made available under this paragraph shall be #c1jjj1jjj for each recipient4 7,d7 ,matching requirement 7i7 ,in general ,as a condition of receiving a grant under this paragraph1 a grant recipient shall match #ajj percent of the amounts made available under the grant4 7ii7 ,sources ,the matching amounts referred to in clause 7i7 may include-- 7,i7 amounts made available to the recipient under title ,i of this ,act2 7,,ii7 amounts made available to the recipient by the several administrations of the ,department of ,transportation2 and 7,,iii7 amounts made available to the recipient by other ,federal departments1 agencies1 independent agencies1 boards1 and other elements with interests in transportation4 7#e7 ,tier #a university transportation centers 7,a7 ,in general ,the ,secretary shall provide grants of #a1hjj1jjj each to not more than #bj recipients to carry out this paragraph4 7,b7 ,restriction ,the lead institution of a consortium of nonprofit institutions of higher education that receives a direct grant award under paragraph 7#c7 or 7#d7 shall not be eligible to receive a direct grant award under this paragraph4 7,c7 ,matching requirement 7i7 ,in general ,subject to clause 7iii71 as a condition of receiving a grant under this paragraph1 a grant recipient shall match #ej percent of the amounts made available under the grant4 7ii7 ,sources ,the matching amounts referred to in clause 7i7 may include-- 7,i7 amounts made available to the recipient under title ,i of this ,act2 7,,ii7 amounts made available to the recipient by the several administrations of the ,department of ,transportation2 and 7,,iii7 amounts made available to the recipient by other ,federal departments1 agencies1 independent agencies1 boards and other elements with interests in transportation4 4 7b7 ,research efficiency ,section #eeje of title #di1 ,united ,states ,code1 is further amended by inserting after subsection 7f7 the following3 7g7 ,research efficiency 7#a7 ,additional sponsored grants ,to enable access more broadly to the specialized skills and multidisciplinary research capabilities of the transportation university research community by the several administrations of the ,department of ,transportation1 and by other ,federal departments1 agencies1 independent agencies1 boards1 and other elements with interests in transportation1 these organizations may sponsor competitive grants to consortia on specific research topics4 7#b7 ,grants 7,a7 ,the grants shall conform to the selection criteria and requirements of either national transportation centers or ,tier #a university transportation centers2 and be of an equivalent grant value of the type of ,center selected4 7,b7 ,the grants shall conform to all other requirements and restrictions under this section4 7,c7 ,the grants shall be competed1 selected1 and awarded on the same schedule as all grants competed under this section4 7#c7 ,matching requirement ,such grants shall require identical matching requirements of the type of center selected2 except that sources of matching funds may not be the same funding source as the ,federal entity funding the specialized grant4 4 #hajc4 ,priority ,multimodal ,research ,program 7a7 ,in general ,section #eejf of title #di1 ,united ,states ,code1 is amended to read as follows3 #eejf4 ,priority ,multimodal ,research ,program 7a7 ,establishment ,the ,secretary shall establish and support a ,priority ,multimodal ,research ,program4 7b7 ,focused research ,the ,secretary shall enter into research agreements to carry out priority multimodal research in the following topics3 7#a7 ,conduct research and standards_/guideline development for surface transportation infrastructure owners and services providers on systems resilience and recovery4 7#b7 ,enable advanced research towards a ,zero ,emissions ,transportation ,system1 to-- 7,a7 accelerate the goal of #hj percent greenhouse gas emission reduction by #bjej1 to a goal of #ajj percent greenhouse gas emission reduction by the same date2 and 7,b7 conduct advanced or long-term research on emissions in the transportation sector1 both in vehicle emissions and in infrastructure construction and maintenance4 7#c7 ,conduct a coordinated1 multimodal ,,stem ,education and ,workforce ,development program to support the transportation sector's needs over the next decade for a new workforce trained in the latest technologies4 7c7 ,funding 7#a7 ,federal share ,the ,federal share of the cost of an activity carried out under this section shall be up to #ajj percent4 7#b7 ,use of non-federal funds ,in addition to using funds authorized for this section1 the ,secretary may seek and accept additional funding sources from public and private entities capable of accepting funding from the ,department of ,transportation1 ,states1 local governments1 nonprofit foundations1 and the private sector4 7#c7 ,period of availability ,amounts made available to carry out this section shall remain available until expended4 4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,transportation such sums as may be necessary to carry out section #eejf of title #di1 ,united ,states ,code4 7c7 ,conforming amendment ,the analysis for chapter #ee of title #di1 ,united ,states ,code1 is amended by inserting the following at the end3 #eejf4 ,priority ,multimodal ,research ,program4 4 #hajd4 ,bureau of ,transportation ,statistics 7a7 ,section #fcjb amendments ,section #fcjb of title #di1 ,united ,states ,code1 is amended as follows3 7#a7 ,subsection #fcjb7;b77#c77;,b77vi77,,iii7 of title #di1 ,united ,states ,code1 is amended by striking section #fcaj and inserting section #fcji4 7#b7 ,clauses 7vii71 7viii71 7ix71 and 7x7 of subsection #fcjb7;b77#c77;,b7 of title #di1 ,united ,states ,code1 are redesignated as clauses 7viii71 7ix71 7x71 and 7xi71 respectively4 7#c7 ,the following is inserted after subsection #fcjb7;b77#c77;,b77vi73 7vii7 develop and improve transportation economic accounts1 to meet demand for methods for estimating the economic value of transportation infrastructure1 investment1 and services2 4 7b7 ,intermodal transportation data program ,section #fcjc of title #di1 ,united ,states ,code1 is amended by adding after subsection 7c7 the following3 7d7 ,intermodal transportation data collection ,to provide content for the database described in this section1 the ,director shall create and maintain datasets and data analysis tools4 ,activities may include-- 7#a7 conducting national surveys of goods movement1 intercity passenger flows1 household and business logistics1 the domestic transportation of international trade1 and vehicle inventory and use2 7#b7 collecting household travel behavior data and business logistics data crossing local jurisdictional boundaries to accommodate external and through travel2 7#c7 collecting and analyzing administrative records to identify travel patterns1 goods movement1 and the economic value of transportation infrastructure serving travel and freight2 7#d7 developing methods for establishing the economic value of transportation capital stocks and services2 7#e7 enhancing and deploying analysis tools to integrate data collected under this section into the ,national ,commodity ,origin ,destination ,accounts1 ,national ,passenger ,travel ,origin ,destination ,accounts1 and ,transportation ,economic ,accounts of the ,intermodal ,transportation ,database2 and 7#f7 developing tools to enhance public access to the ,intermodal ,transportation ,database in conjunction with development1 application1 and reporting of performance measures4 4 7c7 ,national transportation atlas database ,section #fcaa7e7 of title #di1 ,united ,states ,code1 is amended by replacing section #fcaj with section #fcji4 7d7 ,intermodal transportation data program ,section #fcjc7;c77#a7 is amended to read as follows3 7#a7 information on the items referred to in subsection #fcjb7;b77#c77;,b77vi74 4 7e7 ,mandatory response authority for freight data collection ,section #fcac7;a7 of title #di1 ,united ,states ,code1 is amended by-- 7#a7 striking paragraph 7#b72 7#b7 striking the designation and heading of paragraph 7#a72 7#c7 redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively2 and 7#d7 striking described in paragraph 7#b7 and inserting of any nature whatsoever4 7f7 ,national transportation library ,section #fcjd of title #di1 ,united ,states ,code1 is amended to read as follows3 #fcjd4 ,national ,transportation ,library 7a7 ,purpose and establishment ,to support the information management and decisionmaking needs of transportation officials at the ,federal1 ,state1 and local levels1 there shall be in the ,bureau a ,national ,transportation ,library1 which shall-- 7#a7 be headed by an individual who is highly qualified in library and information science2 7#b7 acquire1 preserve1 and manage transportation information and information products and services for use by the ,department1 other ,federal agencies1 and the general public2 7#c7 provide reference and research assistance2 7#d7 serve as a central depository for research results and technical publications of the ,department2 7#e7 provide a central clearinghouse for transportation data and information of the ,federal ,government2 7#f7 plan for1 coordinate1 and evaluate information sciences and library needs related to transportation research1 education1 and training2 7#g7 serve as coordinator and policy lead for transportation information access2 7#h7 provide transportation information and information products and services to-- 7,a7 the ,department2 7,b7 other ,federal agencies2 7,c7 public and private organizations2 and 7,d7 individuals1 within the ,united ,states and internationally2 7#i7 coordinate efforts among1 and cooperate with1 transportation libraries1 information providers1 and technical assistance centers1 in conjunction with private industry and other transportation library and information centers1 with the goal of developing a comprehensive transportation information and knowledge network that supports the activities described in section #fcjb7;b77#c77;,b77vi72 and 7#aj7 engage in other activities the ,director determines to be necessary and as the resources of the ,library permit4 7b7 ,access 7#a7 ,in general ,the ,director shall publicize1 facilitate1 and promote access to the information products and services described in subsection 7a71 to improve the ability of the transportation community to share information and the ability of the ,director to make statistics and other information readily accessible as required under section #fcjb7;b77#c77;,b77x7 of this title4 7#b7 ,availability of publications1 materials1 facilities1 or services2 prescription of rules ,the ,director shall-- 7,a7 make available publications or materials according to library and information science best practices2 7,b7 make available its facilities for research2 and 7,c7 make available its bibliographic1 basic reference1 or other services to public and private entities and individuals4 7#c7 ,rules ,rules described in section #fcjd7;b77#a7 of this title may provide for making available such publications1 materials1 facilities1 or services-- 7,a7 without charge as a public service2 7,b7 upon a loan1 exchange1 or charge basis2 or 7,c7 in appropriate circumstances1 under contract arrangements made with a_/8 public or other nonprofit entity4 7c7 ,agreements 7#a7 ,in general ,to carry out this section1 the ,director may enter into agreements with1 award grants to1 and receive amounts from1 any-- 7,a7 ,state or local government2 7,b7 organization2 7,c7 business2 or 7,d7 individual4 7#b7 ,contracts1 grants1 and agreements ,the ,library may initiate and support specific information and data management1 access1 and exchange activities in connection with matters relating to the ,department's strategic goals1 knowledge networking1 and national and international cooperation1 by entering into contracts or other agreements or awarding grants for the conduct of such activities4 7#c7 ,amounts ,any amounts received by the ,library as payment for library products and services or other activities shall be made available to the ,director to carry out this section1 deposited in the ,office of the ,assistant ,secretary for ,research and ,technology's general fund account1 and remain available until expended4 4 7g7 ,port performance statistics program ,chapter #fc of title #di1 ,united ,states ,code1 is amended by adding after section #fcac the following3 #fcad4 ,port ,performance ,statistics ,program 7a7 ,in general ,the ,director may establish a ,port ,performance ,statistics ,program to provide nationally consistent measures of performance of the ,nation's maritime ports4 7b7 ,annual reports ,the ,director is authorized to require annual reports from all ports that receive ,federal assistance or are subject to ,federal regulation1 including statistics on capacity1 throughput1 and other measures of performance required for implementation of the ,national ,freight ,policy required by section #afg of title #bc4 7c7 ,recommendations ,the ,director shall obtain recommendations for specifications for port performance measures from the ,united ,states ,army ,corps of ,engineers1 the ,maritime ,administration1 the ,saint ,lawrence ,seaway ,development ,corporation1 the ,united ,states ,coast ,guard1 the ,marine ,transportation ,system ,national ,advisory ,council1 and the ,department of ,commerce ,advisory ,council on ,supply ,chain ,competitiveness to identify standard data elements for measuring port performance4 4 7h7 ,conforming amendment ,the analysis for chapter #fc of title #di1 ,united ,states ,code1 is amended by inserting the following at the end3 ,sec4 #fcad4 ,port ,performance ,statistics ,program4 4 #haje4 ,,its goals and purposes 7a7 ,technical correction ,section #ead7;a77#e7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#e7 improvement of the ability of the ,united ,states to respond to security-related or other manmade emergencies and natural disasters2 and 4 7b7 ,freight goals ,section #ead7;a7 of title #bc1 ,united ,states ,code1 is amended by inserting the following at the end3 7#f7 enhancement of the ,nation's freight system and support to freight policy goals by conducting heavy-duty vehicle demonstration activities1 and accelerating adoption of ,,its applications in freight operations4 4 #hajf4 ,,its general authorities and requirements ,section #eae7;h77#d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking ,february #a of each year after the date of enactment of the ,transportation ,research and ,innovative ,technology ,act of #bjab and inserting ,may #a each year2 and 7#b7 by striking submit to ,congress and inserting make available to the public on a ,department of ,transportation ,web site4 #hajg4 ,,its national architecture and standards 7a7 ,in general ,section #eag7;a77#c7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#c7 ,use of standards development organizations ,in carrying out this section1 the ,secretary shall support the development and maintenance of standards and protocols using the services of such standards development organizations as the ,secretary determines to be necessary and whose memberships represent1 but are not limited to1 the surface transportation and intelligent transportation systems industries4 4 7b7 ,technical correction ,section #eag7;b7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7b7 ,standards for national policy implementation ,if the ,secretary finds that a standard is necessary for implementation of a nationwide policy or other capability requiring nationwide uniformity1 the ,secretary1 after consultation with stakeholders and in accordance with the requirements of section #eec of title #e1 may establish and require the use of that standard4 4 #hajh4 ,vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment ,section #eah7;a7 of title #bc1 ,united ,states ,code1 is amended by striking all of the text that follows the heading and precedes that-- and inserting the following3 ,not later than ,july #f1 #bjae1 the ,secretary shall make available to the public on a ,department of ,transportation ,web site a report 4 #haji4 ,infrastructure development 7a7 ,in general ,chapter #e of title #bc1 ,united ,states ,code1 is amended by adding after section #eah the following3 #eai4 ,infrastructure development ,funds made available to carry out this subtitle for operational tests-- 7#a7 shall be used primarily for the development of intelligent transportation system infrastructure1 equipment1 and systems2 and 7#b7 to the maximum extent practicable1 shall not be used for the construction of physical surface transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project4 4 7b7 ,conforming amendment ,the analysis for chapter #e of title #bc1 ,united ,states ,code1 is amended by adding after section #eah the following3 #eai4 ,infrastructure development4 4 #haaj4 ,departmental research programs2 conforming amendments 7a7 ,title #di amendments ,title #di1 ,united ,states ,code1 is amended as follows3 7#a7 ,section #ajb7;e7 is amended-- 7,a7 in paragraph 7#a71 by striking #e and inserting #f2 and 7,b7 in paragraph 7#b71 by inserting an ,assistant ,secretary for ,research and ,technology1 before and an ,assistant ,secretary4 7#b7 ,chapter #a is amended by striking section #aab1 and the analysis of chapter #a is amended by striking the item relating to the ,research and ,innovative ,technology ,administration4 7#c7 ,section #ccj is amended-- 7,a7 by striking contracts in the section heading and inserting activities2 and 7,b7 by inserting at the end the following3 7d7 ,duties ,the ,secretary shall provide for the following3 7#a7 ,coordination1 facilitation1 and review of the ,department's research and development programs and activities4 7#b7 ,advancement1 and research and development1 of innovative technologies1 including intelligent transportation systems4 7#c7 ,comprehensive transportation statistics research1 analysis1 and reporting4 7#d7 ,education and training in transportation and transportation-related fields4 7#e7 ,activities of the ,volpe ,national ,transportation ,systems ,center4 7e7 ,additional authorities ,the ,secretary may-- 7#a7 enter into grants and cooperative agreements with ,federal agencies1 ,state and local government agencies1 other public entities1 private organizations1 and other persons to conduct research into transportation service and infrastructure assurance2 and to carry out other research activities of the ,department2 7#b7 carry out1 on a cost-shared basis1 collaborative research and development to encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology with-- 7,a7 non-,federal entities1 including ,state and local governments1 foreign governments1 institutions of higher education1 corporations1 institutions1 partnerships1 sole proprietorships1 and trade associations that are incorporated or established under the laws of any ,state2 7,b7 ,federal laboratories2 and 7,c7 other ,federal agencies2 and 7#c7 directly initiate contracts1 grants1 cooperative research and development agreements 7as defined in section #ab of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a771 and other agreements to fund1 and accept funds from1 the ,transportation ,research ,board of the ,national ,research ,council of the ,national ,academy of ,sciences1 ,state departments of transportation1 cities1 counties1 institutions of higher education1 associations1 and the agents of those entities to carry out joint transportation research and technology efforts4 7f7 ,federal share 7#a7 ,in general ,subject to paragraph 7#b71 the ,federal share of the cost of an activity carried out under subsection 7e77#c7 shall not exceed #ej percent4 7#b7 ,exception ,if the ,secretary determines that the activity is of substantial public interest or benefit1 the ,secretary may approve a greater ,federal share4 7#c7 ,non-federal share ,all costs directly incurred by the non-,federal partners1 including personnel1 travel1 facility1 and hardware development costs1 shall be credited toward the non-,federal share of the cost of an activity described in paragraph 7#a74 7g7 ,program evaluation and oversight ,for fiscal years #bjac through #bjah1 the ,secretary is authorized to expend not more than #a and a half percent of the amounts authorized to be appropriated for necessary expenses for administration and operations of the ,office of the ,assistant ,secretary for ,research and ,technology for the coordination1 evaluation1 and oversight of the programs administered by the ,office4 7h7 ,use of technology ,the research1 development1 or use of a technology under a contract1 grant1 cooperative research and development agreement1 or other agreement entered into under this subsection1 including the terms under which the technology may be licensed and the resulting royalties may be distributed1 shall be subject to the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgja et seq474 7i7 ,waiver of advertising requirements ,section #faja of title #da shall not apply to a contract1 grant1 or other agreement entered into under this section4 4 7#d7 ,the item relating to section #ccj in the analysis of chapter #c is amended by striking ,contracts and inserting ,activities4 7#e7 ,section #fcjb7;a7 is amended to read as follows3 7a7 ,in general ,there shall be within the ,department the ,bureau of ,transportation ,statistics4 4 7b7 ,title #e amendments ,title #e1 ,united ,states ,code1 is amended as follows3 7#a7 ,section #ecac is amended by deleting ,the ,under ,secretary of ,transportation for ,security44 7#b7 ,section #ecad is amended by deleting ,administrator1 ,research and ,innovative ,technology ,administration44 7#c7 ,section #ecae is amended by striking 7#d7 in the undesignated item relating to ,assistant ,secretaries of ,transportation and inserting 7#e74 7#d7 ,section #ecaf is amended by deleting ,associate ,deputy ,secretary1 ,department of ,transportation44 7c7 ,conforming amendment ,the analysis for chapter #c of title #di1 ,united ,states ,code1 is amended by revising the entry relating to section #ccj to read as follows3 #ccj4 ,research activities4 4 #haaa4 ,office of ,intermodalism 7a7 ,in general ,section #eejc of title #di1 ,united ,states ,code1 is repealed4 7b7 ,conforming amendment ,the analysis for chapter #ee of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #eejc4 #haab4 ,cooperation with ,federal and ,state agencies and foreign countries 7a7 ,authorized activities 7#a7 ,section #cjh amendment ,section #cjh7;a7 of title #bc1 ,united ,states ,code1 is amended by inserting cooperating international entities1 after countries4 7#b7 ,section #ejb amendment ,section #ejb7;b77#c77;,c7 of title #bc1 ,united ,states ,code1 is amended by inserting international entities1 after country14 7b7 ,use of funds ,section #ejb7;b77#e77;,b7 is amended to read as follows3 7,b7 ,use of funds ,the ,secretary shall use funds made available to carry out this chapter to-- 7i7 develop1 administer1 communicate1 and promote the use of products of research1 development1 and technology transfer programs under this chapter2 7ii7 promote ,united ,states highway transportation expertise1 goods1 and services in foreign countries2 or 7iii7 conduct studies to assess the need for or feasibility of highway transportation improvements in foreign countries4 4 ,,ix ,rail ,safety1 ,reliability1 and ,efficiency #ijja4 ,short title2 amendment of title #di1 ,united ,states ,code 7a7 ,short title ,this title may be cited as the ,rail for ,america ,act4 7b7 ,amendment of title #di ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 ,a ,national ,high-,performance ,rail ,system #iaja4 ,purpose and objectives 7a7 ,purpose ,the purpose of this subtitle is to promote and facilitate the development of the ,national ,high-,performance ,rail ,system1 a comprehensive national network of integrated passenger and freight rail services1 and to authorize funds for the planning1 development1 construction1 and implementation of rail corridors and related infrastructure improvements4 7b7 ,objectives 7#a7 ,safety ,the ,national ,high-,performance ,rail ,system shall contribute to reducing fatalities1 injuries1 and incidents on the nation's transportation system4 7#b7 ,mobility ,the ,national ,high-,performance ,rail ,system shall increase the efficient and reliable movement of both goods and people through targeted market-based investments and policies4 7#c7 ,environmental sustainability ,the ,national ,high-,performance ,rail ,system shall strive to advance environmentally sustainable policies and projects that reduce emissions of criteria air pollutants1 air toxins1 and greenhouse gases from transportation sources while protecting communities and natural resources4 7#d7 ,energy efficiency ,the ,national ,high-,performance ,rail ,system shall enhance energy efficient transportation options and expand use of renewable and clean energy sources4 7#e7 ,quality of life ,the ,national ,high-,performance ,rail ,system shall promote quality of life and communities1 including enhanced safety in areas adjacent to transportation facilities and safety at highway-rail grade crossing and efficient land-use development1 and protecting public health4 7#f7 ,infrastructure condition ,the ,national ,high-,performance ,rail ,system shall ensure that the current passenger rail network achieves and maintains a state of good repair and is resilient and reliable in the face of extreme events and changing climatic conditions4 7#g7 ,optimization of freight rail network ,the ,national ,high-,performance ,rail ,system shall ensure that ,america's world-class freight rail system is preserved and improved while balancing and protecting both private and public interests1 strengthening the ability of rural communities to access national and international trade markets1 and supporting regional economic development4 #iajb4 ,grant programs 7a7 ,in general ,part ,c of subtitle ,v is amended by inserting the following after chapter #bdd3 #bdf ,,national ,,high-,,performance ,,rail ,,system ,sec4 #bdfja4 ,definitions4 #bdfjb4 ,authorization of appropriations4 #bdfjc4 ,national high-performance passenger rail system4 #bdfjd4 ,current passenger rail service program4 #bdfje4 ,rail service improvement program4 #bdfjf4 ,oversight4 #bdfjg4 ,financial assistance conditions4 #bdfja4 ,definitions ,in this chapter3 7#a7 ,three types of passenger rail corridors are defined as follows3 7,a7 ,core express corridor ,the term ,core ,express ,corridor means a passenger rail corridor with trains operating primarily on dedicated passenger track at peak speeds of #abe to #bej miles per hour or greater1 and that primarily connects major metropolitan centers in the ,united ,states that are generally up to #ejj miles apart4 7,b7 ,regional corridor ,the term ,regional ,corridor means a passenger rail corridor with trains operating on either dedicated and shared use track at peak speeds of #ij to #abd miles per hour1 and that primarily connects mid-size urban areas to larger and smaller communities that are generally up to #ejj miles apart4 7,c7 ,feeder corridor ,the term ,feeder ,corridor means a ,state- or regionally-designated passenger rail corridor with trains operating on shared use track at peak speeds of up to #ij miles per hour and that connects large1 mid-sized1 and small urban areas generally less than #gej miles apart4 7#b7 ,capital project ,the term capital project means a project or program for use in or for the primary benefit of intercity passenger rail service or freight rail service1 including-- 7,a7 acquiring1 constructing1 improving1 or inspecting equipment1 track and track structures1 or a facility2 7,b7 expenses incidental to the activities described in subsection #bdfja7b77;,a7 7including designing1 engineering1 location surveying1 mapping1 environmental studies1 utility relocation or improvement1 acquiring rights-of-way1 and joint development activities as defined in subsection #ecjb7c77;,g771 and the maintenance of operations during construction2 7,c7 preserving and acquiring rights-of-way2 7,d7 payments for the capital portions of rail trackage rights agreements2 7,e7 highway-rail grade crossing improvements2 7,f7 mitigating environmental impacts2 7,g7 communication and signalization improvements2 7,h7 relocation assistance1 including acquiring replacement housing sites1 and acquiring1 constructing1 relocating1 and rehabilitating replacement housing2 7,i7 interest and other financing costs to efficiently carry out a part of the project within a reasonable time2 and 7,j7 evaluation and assessment of project implementation and outcomes4 7#c7 ,high-performance rail ,the term high-performance rail means a passenger and freight rail network that is designed to meet the current and future market demands for transportation of people and goods1 in terms of capacity1 travel times1 reliability1 and efficiency4 7#d7 ,intercity passenger rail service ,the term intercity passenger rail service has the same meaning as intercity rail passenger transportation1 as defined in section #bdajb of this title4 7#e7 ,interstate compact ,the term interstate compact means two or more ,states that have entered into compacts1 agreements1 or organizations1 not in conflict with any law of the ,united ,states1 for cooperative efforts and mutual assistance in support of activities authorized under this chapter4 7#f7 ,long-distance route ,the term long-distance route has the same meaning as under section #bdajb7e77;,c7 of this title4 7#g7 ,northeast corridor ,the term ,northeast ,corridor has the same meaning as under section #bdajb7e77;,a7 of this title4 7#h7 ,rail hub plan ,the term rail hub plan means a plan that addresses the needs and opportunities for the dense1 complex networks of shared or interconnected freight1 intercity passenger1 and commuter rail lines that tend to be found in and around major urban areas4 7#i7 ,state ,the term ,state means a ,state of the ,united ,states or the ,district of ,columbia4 7#aj7 ,state corridor ,the term ,state corridor has the same meaning as under section #bdajb7e77;,d7 of this title4 7#aa7 ,state of good repair ,the term state of good repair means a condition in which the existing physical assets1 both individually and as a system1 are functioning as designed within their useful lives and are sustained through regular maintenance and replacement programs4 #bdfjb4 ,authorization of appropriations 7a7 ,current passenger rail services program ,there are authorized to be appropriated from the ,rail ,account of the ,transportation ,trust ,fund to carry out section #bdfjd of this title-- 7#a7 #b1dej1jjj1jjj for fiscal year #bjae2 7#b7 #b1djj1jjj1jjj for fiscal year #bjaf2 7#c7 #b1cej1jjj1jjj for fiscal year #bjag2 and 7#d7 #b1cjj1jjj1jjj for fiscal year #bjah4 7b7 ,rail service improvement program ,there are authorized to be appropriated from the ,rail ,account of the ,transportation ,trust ,fund to carry out section #bdfje of this title-- 7#a7 #b1cbe1jjj1jjj for fiscal year #bjae2 7#b7 #b1dje1jjj1jjj for fiscal year #bjaf2 7#c7 #b1cgj1jjj1jjj for fiscal year #bjag2 and 7#d7 #b1dej1jjj1jjj for fiscal year #bjah4 7c7 ,availability of contract authority 7#a7 ,period of availability ,the amounts made available under this section shall remain available for obligation until expended4 7#b7 ,contract authority ,authorizations from the ,transportation ,trust ,fund made by this section shall be available for obligation on ,october #a of the fiscal year for which they are authorized4 #bdfjc4 ,national high-performance passenger rail system 7a7 ,in general ,the ,secretary of ,transportation shall facilitate the establishment of a national high-performance rail system in accordance with this chapter4 7b7 ,contents ,the national high-performance rail system includes the following3 7#a7 ,current passenger rail service program4 7#b7 ,rail service improvement program4 7#c7 ,railroad rehabilitation and improvement financing program4 7c7 ,rulemaking authority ,the ,secretary shall prescribe the regulations necessary to implement this chapter4 #bdfjd4 ,current passenger rail service program 7a7 ,in general ,the ,secretary of ,transportation shall establish a ,current ,passenger ,rail ,service ,program under this section4 ,the program shall ensure that existing passenger rail assets and services are maintained in reliable working condition4 ,the ,current ,passenger ,rail ,service ,program consists of programs for the following3 7#a7 ,northeast ,corridor4 7#b7 ,state ,corridors4 7#c7 ,long-,distance ,routes4 7#d7 ,national ,assets1 ,legacy ,debt1 and ,amtrak ,positive ,train ,control4 7#e7 ,stations--,americans with ,disabilities ,act ,compliance4 7b7 ,northeast corridor 7#a7 ,objective ,the objective of the ,northeast ,corridor program is to bring ,northeast ,corridor infrastructure and equipment into a state-of-good repair1 and to ensure that those assets are then maintained in a state-of-good repair1 so that the ,northeast ,corridor can continue providing travelers with a safe1 reliable1 and efficient travel option in the congested ,northeast region4 7#b7 ,authority ,the ,secretary may provide grants under this subsection to reduce the state-of-good repair backlog on the ,northeast ,corridor2 to replace legacy passenger rail equipment used for ,northeast ,corridor service2 and to fund the portion of ongoing capital replacement and renewal needs on the ,northeast ,corridor not covered by ,northeast ,corridor operating surpluses4 7#c7 ,eligible recipients ,the ,secretary may provide grants to the following entities for eligible projects under this subsection3 7,a7 ,amtrak4 7,b7 ,states and other public-sector entities as identified in the ,northeast ,corridor ,capital ,asset ,plan required by section #bdcag of this title4 7#d7 ,eligible projects ,the ,secretary may provide grants under this subsection for the following activities1 as identified in the ,five-,year ,capital ,asset ,plans described in section #bdcag of this title3 7,a7 ,state of good repair backlog ,to replace or rehabilitate railroad assets that are not currently in a state of good repair4 7,b7 ,legacy equipment replacement ,to replace legacy passenger rolling stock and locomotives used for ,northeast ,corridor service4 7,c7 ,ongoing replacement and renewal ,to fund the balance needed to maintain the existing ,northeast ,corridor infrastructure and equipment in an ongoing state of good repair1 after the following revenues are first dedicated to these activities3 7i7 ,all operating surpluses generated from ,northeast ,corridor intercity passenger rail services4 7ii7 ,all access fees from other users of the ,northeast ,corridor4 7iii7 ,all revenues generated from ancillary businesses directly associated with ,northeast ,corridor services or infrastructure4 7#e7 ,federal share of total project costs ,the ,federal share of total project costs under this subsection may be up to #ajj percent4 7c7 ,state corridors 7#a7 ,objective ,to enable the successful implementation of section #bji of ,division ,b of ,public ,law #aaj-dcb for existing ,state-supported passenger rail operations through transitional financial assistance to ,states4 7#b7 ,authority ,the ,secretary is authorized to provide grants1 consistent with the maximum time period under which temporary financial assistance may be received as developed in subsection 7c77#c7 of this section1 to eligible recipients under this subsection to support the implementation of section #bji of ,division ,b of ,public ,law #aaj-dcb2 and replacement of legacy passenger rolling stock and locomotives used on ,state corridors4 7#c7 ,transition assistance framework ,the ,secretary shall develop a transition assistance framework within six months of the enactment of this ,act4 ,as part of this framework1 the ,secretary shall-- 7,a7 develop criteria for phasing out activities under subsection 7c77#e77;,a7 of this section by not later than ,october #a1 #bjag2 and 7,b7 develop policies governing financial terms1 repayment conditions1 and other terms of financial assistance4 7#d7 ,eligible recipients 7,a7 ,states are eligible to receive grants for activities described in subsections 7c77#e77;,a7 and 7c77#e77;,b7 of this section4 7,b7 ,states may enter into contractual agreements to allow for ,amtrak to receive grants for activities described in subsection 7c77#e77;,b7 of this section4 7#e7 ,eligible activities ,grants provided under this paragraph may be used to3 7,a7 ,provide temporary financial support to eligible recipients in conformance with the operating and capital cost methodologies developed pursuant to section #bji of ,division ,b of ,public ,law #aaj-dcb1 until not later than ,september #cj1 #bjag4 7,b7 ,replace legacy passenger rolling stock and locomotives used for ,state corridor service as identified in the ,five-,year ,capital ,asset ,plans described in section #bdcag of this title4 7#f7 ,federal share ,the ,federal share of expenditures for activities described in subsections 7c77#e77;,b7 may be up to #hj percent of the total cost4 7d7 ,long-,distance routes 7#a7 ,objective ,the objective of the long-distance routes program is to provide grants to ,amtrak for the continuation of services on long-distance routes4 7#b7 ,authority ,the ,secretary may provide grants to ,amtrak under this subsection1 in accordance with the relevant provisions contained in part ,c1 subtitle ,v of this title4 7#c7 ,eligible recipients ,amtrak is eligible to receive grants for long-distance route activities4 7#d7 ,eligible activities ,grants provided for long-distance routes may be expended for the operating and capital costs associated with providing reliable national long-distance passenger rail services to the extent that such expenses cannot be fully supported by the passenger and non-passenger revenues generated by long-distance passenger services1 as identified in the ,five-,year ,business ,line ,plan described in section #bdcag of this title4 7#e7 ,federal share ,the ,federal share of expenditures for eligible activities under this subsection may be up to #ajj percent of the total cost4 7e7 ,national assets1 legacy debt1 and amtrak positive train control 7#a7 ,objective ,the objective of the national assets program is to provide grants to ,amtrak for the operating and capital needs associated with the ,nation's core rail assets2 for servicing ,amtrak's legacy debt2 and for implementing positive train control on ,amtrak routes where ,amtrak is fully or partially responsible for compliance with section #bjaeg of this title4 7#b7 ,authority ,the ,secretary may provide grants to ,amtrak under this subsection4 7#c7 ,eligible recipients ,amtrak is eligible to receive grants for national asset activities4 7#d7 ,eligible activities ,grants provided for national assets may be expended for-- 7,a7 operating and capital costs associated with operating and maintaining national reservations1 security1 mechanical facilities1 training centers and other assets associated with ,amtrak's national passenger rail transportation system2 7,b7 implementing positive train control on ,amtrak routes where ,amtrak is fully or partially responsible for compliance with section #bjaeg of this title2 and 7,c7 making payments for principal and interest payments related to debt incurred prior to fiscal year #bjje4 7#e7 ,evaluation of national assets operating costs 7,a7 ,the ,secretary shall evaluate the cost and scope of all operating activities defined in paragraph 7#d77;,a7 of this subsection1 and shall identify which activities are-- 7i7 required in order to ensure the efficient operations of a national passenger rail system2 7ii7 appropriate for allocation to one of the other ,amtrak business lines2 and 7iii7 extraneous to providing an efficient national passenger rail system or are too costly relative to the benefits or performance outcomes they provide4 7,b7 ,within #a year after the completion of the review in subparagraph 7,a71 the ,federal ,railroad ,administration1 in consultation with the ,amtrak ,board of ,directors1 the governors of each relevant ,state1 and the ,mayor of the ,district of ,columbia1 or entities representing those officials1 shall restructure and_/or reallocate national assets operating costs according to the findings of the review in that subparagraph4 7#f7 ,federal share ,the ,federal share of expenditures for eligible activities under this subsection may be up to #ajj percent of the total cost as identified in the ,five-,year ,business ,line ,plan described in section #bdcag of this title4 7f7 ,stations--,americans ,with ,disabilities ,act ,compliance 7#a7 ,objective ,the objective of the program is to bring all stations served by ,amtrak into compliance with the ,americans with ,disabilities ,act4 7#b7 ,authority ,the ,secretary may provide grants to ,amtrak under this subsection4 7#c7 ,eligible recipients ,amtrak is eligible to receive grants for eligible activities under this subsection4 7#d7 ,eligible activities ,grants provided under this subsection may be expended for upgrading existing intercity passenger rail stations to comply with the ,americans with ,disabilities ,act4 7#e7 ,federal share ,the ,federal share of expenditures for eligible activities under this subsection may be up to #ajj percent of the total cost4 #bdfje4 ,rail service improvement program 7a7 ,in general ,the ,secretary of ,transportation shall establish a ,rail ,service ,improvement ,program under this section4 ,the program shall promote and facilitate development of new passenger rail corridors and improvements to existing passenger and freight rail corridors4 ,the ,rail ,service ,improvement ,program consists of programs covering the following3 7#a7 ,passenger ,corridors4 7#b7 ,commuter ,railroads--,positive ,train ,control ,compliance4 7#c7 ,local ,rail ,facilities and ,safety4 7#d7 ,planning4 7b7 ,passenger corridors 7#a7 ,objective ,the objective of the passenger corridors program under this subsection is to build regional networks of passenger rail corridors through construction of new corridors or substantial improvements to existing corridors1 including ,core ,express ,corridors1 ,regional ,corridors1 and ,feeder ,corridors1 as defined in section #bdfja of this title1 and to mitigate passenger train congestion at critical rail chokepoints4 7#b7 ,authority ,the ,secretary is authorized to provide grants under this subsection to eligible recipients 7as specified in paragraph 7#c77 for eligible corridor development and positive train control projects 7as specified in paragraph 7#d774 7#c7 ,eligible recipients ,entities eligible for funding for eligible projects identified in paragraph 7#d7 are the following3 7,a7 ,a ,state4 7,b7 ,a group of ,states4 7,c7 ,an ,interstate ,compact4 7,d7 ,a ,regional ,rail ,development ,authority as defined in chapter #bhi of this title4 7,e7 ,a public agency or publicly-chartered authority established by one or more ,states and having responsibility for providing high-speed or intercity passenger rail service4 7,f7 ,amtrak4 7,g7 ,any institution for procuring1 managing1 or maintaining passenger rail rolling stock and locomotives that may be established pursuant to the outcomes of the review described in section #cje of division ,b of ,public ,law #aaj-dcb1 as amended4 7#d7 ,eligible projects ,the following projects are eligible to receive funding under this subsection3 7,a7 ,a capital project that is for the primary benefit of or use in high-performance rail service is eligible to receive passenger corridors grants under this subsection1 provided that-- 7i7 the project proposal is consistent with an adopted service development plan or rail hub plan at the time of application2 and 7ii7 the project sponsor has completed1 prior to the time of application1 the appropriate level of environmental reviews1 in compliance with the applicable environmental protection requirements1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 its implementing regulations1 and applicable procedures4 7,b7 ,a capital project identified by the ,surface ,transportation ,board as to improve the on-time performance and reliability of intercity rail passenger transportation under section #bdcjh7;f7 of this title4 7,c7 ,a capital project designated by the ,secretary as being necessary to address congestion challenges affecting passenger rail4 7#e7 ,project selection criteria ,in selecting the recipients of grants for eligible projects under paragraph 7#d71 the ,secretary shall3 7,a7 ,give preference to proposed projects that are consistent with the investment goals1 objectives1 policies1 and methodologies defined in the following3 7i7 ,any national rail planning guidance or parameters set forth by the ,secretary4 7ii7 ,any ,regional ,rail ,development ,plans described in section #bbfjb of this title that are applicable to a project proposal1 once available4 7iii7 ,any ,state ,rail ,plans1 as described in chapter #bbg of this title that are applicable to a project proposal4 7,b7 ,also consider the following3 7i7 ,the project's system and service performance as experienced by the passenger1 including measures such as improved reliability1 reduced trip time1 additional service frequency to meet anticipated or existing demand1 or other significant system and service enhancements4 7ii7 ,cost-benefit analysis of the project1 which shall include such factors as the project's estimated ridership and anticipated user and public benefits1 relative to the proposed ,federal investment1 and consideration of enhanced mobility1 environmental1 and economic benefits 7both for the specific project proposal and in terms of the costs and benefits generated by the specific project within a network context74 7iii7 ,cross-modal benefits generated by the project1 including anticipated impacts on air1 transit1 or highway traffic congestion1 capacity1 or safety2 and cost avoidance or deferral of planned investments in aviation1 transit1 and highway systems4 7iv7 ,opportunities for operational integration with commuter rail or other rail operations1 as well as with regional public transportation providers1 including the degree to which the project could allow for coordinated schedules1 seamless connections between trains1 integrated sales and ticketing systems1 and other mechanisms that will benefit passengers and encourage cost containment among rail operators4 7v7 ,equitable financial participation by other beneficiaries of the project1 including the degree to which the project's business plan considers potential private sector participation in the financing1 construction1 and_/or operation of the project4 7vi7 ,the recipient's past performance in developing and delivering similar passenger rail projects4 7vii7 ,the recipient's previous financial contributions to developing high-performance rail services1 including any non-,federal contributions in excess of minimum requirements that the sponsor may have provided as a match for previous ,federal grants4 7viii7 ,the likelihood that new service or expanded service projects1 once brought into service1 will be able to cover on-going operating costs without the support of grants1 within a reasonable time frame4 7ix7 ,whether the recipient has or will have the legal1 financial1 and technical capacity to carry out the project1 satisfactory continuing control over the use of the equipment or facilities1 and the capability and willingness to maintain the equipment or facilities4 7x7 ,the likelihood that the proposed project is feasible and will result in the anticipated benefits1 including the recipient's means for ensuring the realization of the anticipated benefits4 7xi7 ,any other relevant factors as determined by the ,secretary4 7#f7 ,planning requirements ,to be eligible for a ,federal grant under this subsection1 a project must be specifically identified on a ,state ,rail ,plan1 as described in section #bbgjb4 7#g7 ,federal share of total project costs 7,a7 ,total project cost ,the ,secretary shall estimate the total cost of a project under this subsection based on engineering studies1 studies of economic feasibility1 environmental analyses1 and information on the expected use of equipment or facilities4 7,b7 ,federal share ,the ,federal share of total project costs under this subsection shall not exceed #hj percent1 except where the proposed project was identified through and is consistent with a ,regional ,rail ,development ,plan described in chapter #bhi of this title1 in which case the ,federal share of total project costs under this subsection shall not exceed #he percent4 7c7 ,commuter railroads2 positive train control compliance 7#a7 ,objective ,the objective of this program is to promote rail safety by assisting in funding the implementation of positive train control on commuter railroad-owned infrastructure1 equipment1 and back office systems4 7#b7 ,authority ,the ,secretary is authorized to provide grants under this subsection to eligible recipients 7as described in paragraph 7#c77 for eligible positive train control projects 7as described in paragraph 7#d774 7#c7 ,eligible recipients ,entities eligible for funding under this subsection include the following3 7,a7 ,a ,state4 7,b7 ,a group of ,states4 7,c7 ,a provider of commuter rail passenger transportation1 as defined in section #bdajb of this title4 7#d7 ,eligible projects ,projects eligible to receive grants under this subsection include the following3 7,a7 ,a project for analyzing1 designing1 developing1 procuring1 installing1 modifying1 validating1 configuring1 and testing of positive train control systems hardware or software system elements on commuter railroad-owned infrastructure1 equipment1 or back office systems1 including the following activities3 7i7 ,dedicated passenger service motive power equipment4 7ii7 ,wayside interface of track-side devices on track owned by eligible recipients4 7iii7 ,back office and dispatch system infrastructure owned and operated by passenger railroads4 7iv7 ,roadway worker terminal devices4 7v7 ,communications system design and components1 such as quality of service determinations1 physical communications infrastructure1 and message integrity1 authentication1 and non-repudiation mechanisms to protect positive train control system communications4 7vi7 ,track databases for track segments owned by eligible recipients1 including the population of such databases with mapping data4 7vii7 ,project management services for oversight and systems engineering of passenger railroad positive train control system design1 procurement1 implementation1 and testing efforts4 7viii7 ,positive train control system training programs for eligible recipients compliant with title #di of the ,code of ,federal ,regulations1 part #bcf subpart ,i4 7ix7 ,engineering support to prepare all necessary documentation required for regulatory compliance and system certification of positive train control systems for eligible recipients4 7,b7 ,an eligible entity specified in paragraph 7#d77;,a7 may not receive funding under this subsection for the following activities3 7i7 ,the procurement of radio frequency spectrum4 7ii7 ,positive train control-related costs of any entity not listed in paragraph 7#c71 such as wayside positive train control system components on track segments owned by a ,class ,i freight railroad and over which commuter rail passenger transportation is regularly provided4 7#e7 ,project selection criteria ,the ,secretary1 in selecting the recipients of grants for eligible projects under paragraph 7#d71 shall consider the following3 7,a7 ,the scope of positive train control system components necessary to comply with section #bjaeg of this title1 including the number of locomotives owned by the eligible recipient1 the number of wayside miles owned by the eligible recipient1 the number of positive train control systems with which the eligible recipient's positive train control system must be interoperable2 the scale of the communications infrastructure the eligible recipient requires to support positive train control system operations2 and the number of modifications to dispatching and back office systems required to support positive train control system operations4 7,b7 ,the extent to which the applicant has demonstrated a clear need for ,federal financial assistance4 7,c7 ,the overall completeness and quality of the application1 including the comprehensiveness of its supporting documentation4 7,d7 ,the extent of prior positive train control implementation activities4 7,e7 ,any other relevant factors as determined by the ,secretary4 7#f7 ,federal share of project costs 7,a7 ,total project cost ,the ,secretary shall estimate the total cost of a project under this subsection based on engineering studies1 studies of economic feasibility1 environmental analyses1 and information on the expected use of equipment or facilities4 7,b7 ,federal share ,the ,federal share of total project costs for grants provided under this subsection shall not exceed #hj percent of the total project cost4 7,c7 ,match credit ,the non-,federal share requirement may be met in whole or in part by eligible expenditures by the railroad carrier made subsequent to ,october #af1 #bjjh1 excluding costs related to the lease or acquisition of radio frequency spectrum4 7d7 ,local rail facilities and safety 7#a7 ,objective ,the objective of the local rail facilities and safety program under this subsection is to mitigate the impacts of railroad operations in local communities1 through improvements to highway-rail grade crossings1 upgrades to short-line railroad infrastructure1 rail line relocation and improvement projects1 and training and technical assistance to local governments4 7#b7 ,authority ,the ,secretary is authorized to provide grants under this subsection to eligible recipients 7as described in paragraph 7#c77 for eligible freight capacity projects 7as described in paragraph 7#d774 ,a grant may be used to pay all or a portion of the subsidy and administrative costs of projects eligible for ,federal credit assistance under the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7,public ,law #id-baj7 7#de ,u4,s4,c4 #hja et seq47 for a capital project to improve short-line railroad infrastructure4 7#c7 ,eligible recipients ,entities eligible for funding under this subsection include the following3 7,a7 ,a ,state4 7,b7 ,a group of ,states4 7,c7 ,an ,interstate ,compact4 7,d7 ,a ,regional ,rail ,development ,authority1 as defined in chapter #bhi of this title4 7,e7 ,a local government4 7,f7 ,a metropolitan planning organization4 7,g7 ,a group of metropolitan planning organizations4 7#d7 ,eligible projects ,projects eligible to receive grants under this subsection include the following3 7,a7 ,a capital project to mitigate the impacts of rail infrastructure and operations on a local community1 including rail line relocation and improvement and improving the safety of1 or eliminating hazards at1 a highway-rail grade crossing4 7,b7 ,a capital project to improve short-line railroad infrastructure4 7,c7 ,training and technical assistance to help local governments better understand how to coordinate with railroads on operations and safety issues1 and how to integrate railroad issues into land use and transportation planning processes4 7#e7 ,project selection criteria ,in selecting the recipients of grants for freight capacity projects under this subsection1 the ,secretary shall consider-- 7,a7 the extent to which a proposed project-- 7i7 alleviates the impacts of rail operations on local neighborhoods or urbanized areas2 7ii7 will result in clearly-defined public benefits2 7iii7 contributes to increasing the competitiveness and state of good repair of short line railroads2 7iv7 enhances safety at critical highway-rail grade crossings2 7v7 is compatible with local land use1 economic development1 and transportation plans and objectives2 7vi7 includes equitable participation from other beneficiaries in the project's financing1 including the extent to which the project will leverage private or local government investments2 and 7vii7 will increase the reliability and resilience of the nation's rail system2 7,b7 the past performance of the recipient and other beneficiaries of the project in developing and delivering rail projects2 and 7,c7 any other relevant factors as determined by the ,secretary4 7#f7 ,planning requirements ,to be eligible for a ,federal grant under this subsection1 a project must be specifically identified on a ,state ,rail ,plan1 as described in section #bbg of this title4 7#g7 ,federal share of project costs 7,a7 ,total project cost ,the ,secretary shall estimate the total cost of a project under this subsection based on engineering studies1 studies of economic feasibility1 environmental analyses1 and information on the expected use of equipment or facilities4 7,b7 ,federal share ,the ,federal share of total project costs for grants provided under this subsection shall not exceed #hj percent of the total project cost4 7e7 ,planning 7#a7 ,objective ,the objective of the planning program under this subsection is to facilitate the development of comprehensive plans to guide future investments in the nation's rail systems and to develop the workforce necessary to advance ,america's rail industry4 7#b7 ,authority ,the ,secretary is authorized to provide grants under this subsection to eligible recipients 7as described in paragraph 7#c77 for eligible planning projects 7as described in paragraph 7#d774 7#c7 ,eligible recipients ,entities eligible for funding under this subsection include the following3 7,a7 ,a ,state4 7,b7 ,a group of ,states4 7,c7 ,an ,interstate ,compact4 7,d7 ,a ,regional ,rail ,development ,authority as defined in chapter #bhi of this title4 7,e7 ,a public agency or publicly-chartered authority established by one or more ,states and having responsibility for providing high-speed or intercity passenger rail service4 7,f7 ,a local government4 7,g7 ,a metropolitan planning organization4 7,h7 ,a group of metropolitan planning organizations4 7,i7 ,national ,academy of ,sciences ,transportation ,research ,board1 for eligible projects described in paragraph 7#d77;,c74 7,j7 ,federal ,railroad ,administration4 7#d7 ,eligible projects ,projects eligible to receive grants under this subsection include the following3 7,a7 ,the preparation of new rail planning documents or any updates to existing rail planning documents including the following3 7i7 ,a corridor or rail hub investment plan that consists of both-- 7,i7 a corridor service development plan or rail hub plan2 and 7,,ii7 corresponding environmental analyses4 7ii7 ,a regional rail development plan1 as defined in section #bbfjb of this title4 7iii7 ,a ,state rail plan1 as defined in section #bbgjb of this title4 7iv7 ,any other national1 multi-,state1 mega-regional1 or ,state planning activity determined by the ,secretary to be necessary to advance the development of passenger and freight rail systems4 7,b7 ,capital upgrades to the ,transportation ,technology ,center for the purposes of conducting research1 development1 testing1 evaluation1 and training for the purpose of enhancing technologies related to the design and deployment of high-performance rail systems4 7,c7 ,research conducted by the ,national ,cooperative ,rail ,research ,program1 as established by section #bdiaj of this title4 7,d7 ,workforce development activities1 coordinated to the extent practical with the existing local training programs supported by the ,u4,s4 ,department of ,transportation1 the ,u4,s4 ,department of ,labor1 and the ,u4,s4 ,department of ,education1 including-- 7i7 interagency agreements with the ,manufacturing ,extension ,partnership at the ,national ,institute of ,standards and ,technology2 7ii7 developing and deploying training and technical assistance opportunities for rail stakeholders2 and 7iii7 rail-based ,university ,transportation ,centers established by section #eeje of this title4 7#e7 ,project selection criteria ,in selecting the recipients of grants for planning projects under paragraph 7#d77;,a71 the ,secretary shall consider-- 7,a7 the extent to which a proposed planning project-- 7i7 comprehensively addresses both freight and passenger rail issues and needs2 7ii7 considers high-performance rail's role within a multimodal context2 7iii7 follows a planning process that allows for meaningful incorporation of input from affected communities1 local governments1 regional councils and planning organizations1 railroads1 transportation modal partners1 environmental interests1 workforce investment boards1 economic development agencies1 the public1 and other stakeholders1 early and throughout the process2 7iv7 is integrated with other transportation planning efforts2 7v7 will result in the appropriate documentation and institutional support to proceed with project implementation2 and 7vi7 examines and evaluates non-transportation issues that could be affected by future capital projects1 including but not limited to land use1 economic development1 and social equity2 and 7,b7 ,any other relevant factors as determined by the ,secretary4 7#f7 ,federal share of project costs 7,a7 ,the ,federal share of total project costs for a grant provided under paragraph 7#d77;,a7 shall not exceed #hj percent of the total project cost4 7,b7 ,the ,federal share of total project costs for a grant or contract provided under this paragraph 7#d77;,b7-7,d7 may be up to #ajj percent of the total project cost4 7#g7 ,federally-led rail planning ,the ,secretary may retain up to two percent of the funds made available under section #bdfjb7;b7 of this title to facilitate the preparation of national planning tools and analyses1 multi-,state regional rail plans1 and service development plans and related environmental reviews for corridors located in multiple ,states4 #bdfjf4 ,oversight 7a7 ,authority 7#a7 ,in general 7,a7 ,current passenger rail service program ,the ,secretary of ,transportation may expend up to one-half percent of the funds made available each fiscal year under section #bdfjb7;a7 of this title to conduct oversight of and to provide training and technical assistance for the current passenger rail service program4 7,b7 ,rail service improvement program ,the ,secretary of ,transportation may expend up to #a percent of the funds made available each fiscal year under section #bdfjb7;b7 of this title to conduct oversight1 training and technical assistance1 and project evaluations and assessments for the rail service improvement program4 7#b7 ,payment ,the ,federal share of a contract under this subsection shall be #ajj percent4 7b7 ,project management oversight 7#a7 ,procedures ,the ,secretary shall develop and implement oversight procedures to monitor the effective and efficient use of funds appropriated under this chapter4 ,these procedures shall include such measures as the ,secretary deems necessary to identify1 mitigate1 and monitor risks to successful delivery of projects4 ,these procedures may include-- 7,a7 entering into contracts for safety1 procurement1 management1 and financial compliance reviews1 audits1 and reports of a recipient of funds appropriated under this chapter2 7,b7 conducting site visits to review the progress and implementation of projects under this chapter2 and 7,c7 establishing field offices to oversee projects and to provide project delivery assistance to the recipients of financial assistance under this chapter4 7#b7 ,access ,each recipient of financial assistance under this chapter shall provide the ,secretary or the ,secretary's designee1 including a contractor the ,secretary chooses under paragraph 7#a77;,a7 of this subsection1 with access to the construction sites and records of the recipient when reasonably necessary4 7c7 ,project evaluation and assessment ,the ,secretary shall develop and implement procedures for evaluating the implementation of projects receiving funds made available under sections #bdfjb7;b7 of this title and assessing the extent to which these projects achieved intended outcomes and public benefits4 ,these procedures may include-- 7#a7 establishing criteria to guide the selection of grants under section #bdfjb7;b7 for individual assessments2 7#b7 identifying1 collecting1 and analyzing standardized data and metrics related to grant applications under section #bdfjb 7b7 and 7c71 and to the implementation1 outcomes1 and public benefits of projects receiving grants under section #bdfjb7;b72 7#c7 performing a national evaluation of overall program results and outcomes under section #bdfjb7;b72 7#d7 undertaking statistical and cost-benefit analyses to identify strategies for maximizing return on investment of ,federal funding in rail research1 planning1 and construction2 and 7#e7 entering into grants or contracts for the purpose of carrying out the procedures established under this paragraph4 7d7 ,training and technical assistance ,the ,secretary shall develop and implement procedures to provide training and technical assistance to grantees and other stakeholders in order to ensure the effective and efficient use of funds appropriated under this chapter4 7e7 ,project delivery documentation ,to receive ,federal financial assistance for a project under this chapter1 an applicant shall prepare project delivery documentation1 which may include the following3 7#a7 ,a project management plan4 7#b7 ,a financial plan4 7#c7 ,a system safety plan4 7#d7 ,agreements between the project sponsor7s7 and all relevant entities4 7#e7 ,a project risk management plan4 7#f7 ,other documents identified by the ,secretary as relevant to carrying out project management oversight activities under this section4 #bdfjg4 ,financial assistance conditions 7a7 ,financial assistance conditions ,the ,secretary shall require1 as a condition of making any financial assistance under section #bdfje1 that such financial assistance shall comply with section #bddje 7b71 7c71 7d71 and 7e7 of this title1 as amended1 in the same manner that funding under chapter #bdd of part ,c of subtitle ,v of this title is required to comply with section #bddje 7b71 7c71 7d71 and 7e7 of this title4 7b7 ,local hiring 7#a7 ,in general ,a recipient of assistance may advertise1 post job opportunities on ,state job banks and with ,one ,stop centers established under the ,workforce ,investment ,act1 and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work is to be performed is for construction work required under the contract1 provided that-- 7,a7 all or part of the construction work performed under the contract occurs in an area that has-- 7i7 a per capita income of #hj percent or less of the national average2 or 7ii7 an unemployment rate that is for the most recent #bd-month period for which data are available at least #a percent greater than the national average unemployment rate2 7,b7 the estimated cost of the project of which the contract is a part is greater than #aj million2 7,c7 the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade1 except for individuals who are subject to a apprenticeship program or other training program meeting the requirements of subsection #bdfje7;e7 of this title2 and 7,d7 the award of such a contract complies with agreements subject to the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea-ahh71 if applicable4 7#b7 ,advertisement ,in advertising an awarding a contract under this subsection1 the ,secretary or a recipient of assistance shall ensure that the requirements contained in the advertisement would not-- 7,a7 compromise the quality of the project2 7,b7 unreasonably delay the completion of the project2 or 7,c7 unreasonably increase the cost of the project4 7#c7 ,available programs ,the ,secretary shall make available to recipients the workforce development and training programs set forth in section #bdfje7;e77#d77;,d77ii7 of this title to assist recipients who wish to establish training programs that satisfy the provisions of subsection 7b77#a77;,c74 ,the ,secretary of ,labor shall make available its qualifying workforce and training development programs to recipients who wish to establish training programs that satisfy the provisions of section 7b77#a77;,c74 4 7b7 ,conforming amendment ,the chapter analysis for subtitle ,v is amended by inserting the following after the item relating to chapter #bdd3 #bdf4,national ,high-,performance ,rail ,system #bdfja 4 #iajc4 ,amtrak #e-year business planning 7a7 ,amtrak #e-,year business line and capital asset plans ,part ,c of subtitle ,v is amended by inserting the following new section after section #bdcaf3 #bdcag4 ,amtrak #e-year business line and capital asset plans 7a7 ,in general 7#a7 ,draft plans ,not later than ,july #a of each year1 ,amtrak shall submit to the ,secretary of ,transportation draft #e-year business line plans and draft #e-year capital asset plans prepared in accordance with this section4 ,each draft plan shall include information on historical performance1 the subsequent base fiscal year1 and the #e-year period that begins with the second full fiscal year after the submission4 ,amtrak shall1 in consultation with the ,secretary of ,transportation1 revise the draft plans1 as appropriate4 7#b7 ,final plans ,not later than ,february #ae of each year1 ,amtrak shall submit to ,congress and the ,secretary of ,transportation #e-year business line plans prepared in accordance with this section4 ,these plans shall form the basis for ,amtrak's general and legislative annual report to the ,president and ,congress required by subsection #bdcae7;b7 of this title4 7#c7 ,updated plans ,amtrak shall submit updated #e-year business line plans to ,congress and the ,secretary of ,transportation no later than #fj days after the date of enactment of an appropriations ,act for the fiscal year4 ,the updated plan shall reflect the actual appropriations levels or obligation limits for that fiscal year1 and any corresponding adjustments to the subsequent fiscal years4 ,amtrak shall submit updated #e-year capital asset plans to the ,secretary of ,transportation no later than #fj days after the date of enactment of an appropriations ,act for the fiscal year4 7b7 ,amtrak #e-,year business line plans 7#a7 ,amtrak business lines ,amtrak shall prepare a #e-year business line plan for each of the following business lines3 7,a7 ,northeast ,corridor1 as defined by section #bdajb7e77;,a74 7,b7 ,state corridors1 as defined by section #bdajb7e77;,d74 7,c7 ,long-distance routes1 as defined by section #bdajb7e77;,c74 7,d7 ,national assets4 7#b7 ,contents of #e-year business line plans ,the #e-year business line plan for each business line shall include1 at a minimum3 7,a7 ,a statement of ,amtrak's vision1 goals1 and objectives for the business line1 coordinated with any entities that are contributing capital or operating funding to support passenger rail services within those business lines1 and aligned with ,amtrak's ,strategic ,plan4 7,b7 ,all projected revenues and expenditures for the business line1 including identification of revenues and expenditures incurred by-- 7i7 passenger operations2 7ii7 non-passenger operations that are directly related to the business line1 including all ancillary business activities2 and 7iii7 governmental funding sources1 including revenues and other funding received from ,states4 7,c7 ,projected ridership levels for all passenger operations4 7,d7 ,a prioritized list of capital projects1 including identified funding sources1 that is aligned with the ,five-,year ,capital ,asset ,plans described in subsection 7c74 7,e7 ,estimates of long-term and short-term debt and associated principal and interest payments 7both current and forecasts74 7,f7 ,annual profit and loss statements and forecasts and balance sheets4 7,g7 ,annual cash flow forecasts4 7,h7 ,a statement describing the methodologies and significant assumptions underlying estimates and forecasts4 7,i7 ,specific performance measures that demonstrate measurable improvement year over year in the financial results of ,amtrak's operations4 7,j7 ,financial performance for each route within each business line1 including descriptions of the cash operating loss and labor productivity for each route4 7,k7 ,specific costs and savings estimates resulting from reform initiatives4 7,l7 ,prior fiscal year and projected equipment reliability statistics1 in coordination with the equipment capital asset plan4 7,m7 ,identification and explanation of any adjustments made from previously approved plans4 7#c7 ,five-year business line plans process ,in meeting the requirements of this section1 ,amtrak shall-- 7,a7 coordinate with the development of the capital asset plans described in subsection 7c7 and ensure integration of each #e-year business line plan with the #e-year capital asset plans2 7,b7 for the ,northeast ,corridor business line plan1 coordinate with the ,northeast ,corridor ,infrastructure and ,operations ,advisory ,commission1 ,states1 freight railroads1 and commuter operators that access ,northeast ,corridor infrastructure2 and 7,c7 ensure that ,amtrak's annual budget request to ,congress is consistent with the information in the #e-year business line plans4 7#d7 ,standards to promote financial stability ,in meeting the requirements of subsection 7b7 of this section1 ,amtrak shall-- 7,a7 apply sound budgetary practices2 and 7,b7 use the categories specified in the financial accounting and reporting system developed under section #bjc of ,division ,b of ,public ,law #aaj-dcb when preparing its #e-year business plans4 7c7 ,amtrak #e-,year capital asset plans 7#a7 ,capital asset categories ,amtrak shall prepare a #e-year capital asset plan for each of the following capital asset categories3 7,a7 ,infrastructure1 including all ,northeast ,corridor assets and other ,amtrak-owned infrastructure1 and the associated engineering facilities that support the maintenance and improvement of those assets4 7,b7 ,passenger rail equipment1 including all rolling stock1 locomotives1 and mechanical shop facilities that are used to overhaul equipment4 7,c7 ,stations1 including all ,amtrak-served passenger rail stations4 7,d7 ,corporate1 including assets such as information technology1 training centers1 and other capital items that support the national passenger rail system4 7#b7 ,contents of #e-year capital asset plans ,each capital asset plan shall include1 at a minimum-- 7,a7 a summary of ,amtrak's #e-year strategic plan for each asset category1 including goals1 objectives1 any relevant performance metrics1 and statutory or regulatory actions affecting the assets2 7,b7 an inventory of existing ,amtrak capital assets1 including information regarding shared use or ownership1 where applicable2 and 7,c7 a prioritized list of proposed capital investments that-- 7i7 categorizes each capital project as being primarily associated with-- 7,i7 normalized capital replacement2 7,,ii7 backlog capital replacement2 7,,iii7 improvements to support service enhancements or growth2 or 7,,iv7 strategic initiatives that will improve overall operational performance1 lower costs1 or otherwise improve ,amtrak's corporate efficiency2 7ii7 identifies the anticipated funding source for each capital project2 7iii7 describes the anticipated business outcomes of each project1 including3 an assessment of the potential effect on passenger operations1 safety1 reliability and resilience1 and on ,amtrak's ability to meet regulatory requirements should the project not be funded2 and an assessment of the benefits and costs2 7iv7 identifies where the capital assets are or will be jointly used by intercity passenger rail service and other users1 and that identifies the proportionate share of this joint usage2 and 7v7 for projects that are expected to be fully or partially funded through ,federal grants1 identifies the most appropriate public agency or entity to receive those funds and implement each capital project1 in cases where that entity is not ,amtrak4 7#c7 #e-year capital asset plan process ,in meeting the requirements of subsection 7c7 of this section1 ,amtrak shall-- 7,a7 coordinate with the development of the business lines described in subsection 7b77#a7 of this section and ensure integration of each #e-year capital asset plan with the #e-year business line plans2 and 7,b7 for the infrastructure capital asset plan described in subsection 7c77#a77;,a7 of this section1 coordinate with the ,northeast ,corridor ,infrastructure and ,operations ,advisory ,commission1 ,states1 freight railroads1 and commuter operators that access ,northeast ,corridor infrastructure4 4 7b7 ,identification of duplicative reporting requirements 7#a7 ,the ,secretary shall review existing ,amtrak reporting requirements and identify where these requirements are duplicative with the business line and capital asset plans required by this section4 7#b7 ,where duplicative reporting requirements are administrative1 the ,secretary shall eliminate such duplicative requirements4 7#c7 ,the ,secretary shall submit a report to ,congress with any recommendations for repealing duplicative ,amtrak reporting requirements4 #iajd4 ,clarification of grant conditions 7a7 ,rail carriers ,section #bddje7;b7 is amended-- 7#a7 by striking the title and inserting3 7b7 ,operators and certain railroad transportation service providers deemed rail carriers and employers for certain purposes 7#a7 2 7#b7 after operations over by inserting 1 or that performs dispatching1 maintenance of way1 or signal system work for1 or in support of1 rail operations that is work performed by employees in crafts and classes recognized by the ,national ,mediation ,board on12 7#c7 by replacing 7#a71 7#b71 and 7#c7 with 7,a71 7,b71 and 7,c72 and 7#d7 by inserting at the end the following3 7#b7 ,notwithstanding subsection 7b7 of this section-- 7,a7 an employer engaged primarily in the building and construction industry1 as that term is used in section #h7;f7 of the ,national ,labor ,relations ,act1 which is performing work as a contractor for a rail carrier shall not itself be considered a rail carrier solely as a result of performance of that work2 7,b7 an employer performing work as a contractor or subcontractor consistent with a collective bargaining agreement covering the railroad that owns rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this chapter shall not itself be considered a rail carrier solely as a result of performance of that work2 and 7,c7 an employer performing work as a contractor for an operator in accordance with a collective bargaining agreement reached by the operator and a union representing employees in a craft or class recognized by the ,national ,mediation ,board covering work performed by that craft or class shall not itself be considered a rail carrier solely as a result of performance of that work4 4 7b7 ,grant conditions ,section #bddje7;c7 is amended-- 7#a7 by striking railroad and inserting railroad or used by a railroad for common carrier service2 and 7#b7 in subsection 7c77#b71 by striking comply and inserting assure compliance4 #iaje4 ,research and development 7a7 ,research1 development1 testing1 and training ,section #bjajh7;a7 is amended by inserting 1 operations1 and technology after the word safety4 7b7 ,technical correction ,section #bdiaj is amended by striking subsection 7e74 #iajf4 ,miscellaneous revisions 7a7 ,amtrak indebtedness ,division ,b of ,public ,law #aaj-dcb1 the ,passenger ,rail ,investment and ,improvement ,act of #bjjh1 is amended-- 7#a7 by repealing section #bjd2 and 7#b7 by revising section #bje7;a7 to read as follows3 7a7 ,in general ,the ,secretary of the ,treasury1 in consultation with the ,secretary and ,amtrak1 may make agreements to restructure ,amtrak's indebtedness as of the date of enactment of this ,act4 ,this authorization expires on ,september #cj1 #bjah4 4 7b7 ,criminal penalties ,section #bacaa is amended as follows3 7#a7 ,subsection 7a7 is amended by deleting and willfully4 7#b7 ,the following is inserted at the end3 7c7 ,criminal penalty ,a person who knowingly violates a provision of this chapter shall1 if the violator's activities have led or could have led to death or serious injury1 be fined under title #ah1 imprisoned for not more than #e years1 or both4 4 ,b ,policy #ibja4 ,regional rail development authorities 7a7 ,in general ,part ,e of subtitle ,v is amended by inserting the following after chapter #bhg3 #bhi ,,regional ,,rail ,,development ,,authorities ,sec4 #bhija4 ,authority and objectives4 #bhijb4 ,structure4 #bhijc4 ,activities4 #bhija4 ,authority and objectives 7a7 ,authority ,the ,secretary1 in consultation with ,state governors1 is authorized to establish ,regional ,rail ,development ,authorities 7hereafter referred to as ,r,r,d,as7 to facilitate the development of multi-,state high-performance rail services and to coordinate these investments with other rail1 transit1 highway1 and aviation system services4 7b7 ,objectives ,the objectives of ,r,r,d,as are as follows3 7#a7 ,to establish multi-,state public entities that have the authority to plan and develop high-speed and intercity passenger rail infrastructure and services within regions1 in coordination with other planning and investment efforts in the region's freight rail1 transit1 highway1 and aviation infrastructure4 7#b7 ,to develop and implement ,regional ,rail ,development ,plans that are consistent with the framework established in the ,national ,passenger ,rail ,development ,plan1 including establishing a structure for ,state- and corridor-level planning efforts4 7#c7 ,to support the prioritization of intercity passenger rail investments1 taking into consideration the most logical1 efficient1 and cost-effective approach for developing the regional passenger rail network4 7#d7 ,to facilitate interoperability and integration across corridors and ,states within regions4 #bhijb4 ,structure 7a7 ,governance 7#a7 ,executive director 7,a7 ,appointment ,an ,,rrda shall be administered by an ,executive ,director who is appointed by the ,secretary4 7,b7 ,supervision ,the ,executive ,director shall be subject to the supervision and direction of the ,secretary consistent with the ,executive ,director's responsibilities and other requirements established in this chapter4 7,c7 ,expertise ,the ,executive ,director shall have demonstrated expertise in the following three areas3 7i7 ,passenger or freight rail operations4 7ii7 ,transportation or infrastructure planning4 7iii7 ,project1 public1 or corporate finance4 7,d7 ,authority ,the ,executive ,director shall be the chief executive officer of the ,,rrda1 with such executive functions1 powers1 and duties as may be prescribed by this chapter or otherwise by the ,secretary4 7,e7 ,responsibility ,the ,executive ,director shall have responsibility for the day-to-day operations of the ,,rrda4 ,in addition to the other activities required to carry out the authorities and purposes of the ,,rrda as set forth in this chapter1 the ,executive ,director shall-- 7i7 establish and maintain a passenger rail corridor development and delivery capability that consists of qualified transportation infrastructure planning1 financing1 and construction professionals directed to develop and deliver projects that are consistent with the strategy and objectives set forth in the ,regional ,rail ,development ,plan2 and 7ii7 establish and maintain a technical assistance capability at the ,,rrda that consists of a staff of qualified project management professionals directed to assist other entities within the region that are implementing high-speed and intercity passenger rail projects4 7#b7 ,regional committee 7,a7 ,establishment ,there is established within the ,,rrda a deliberative body to be known as the ,regional ,committee4 7,b7 ,membership ,the membership of the ,regional ,committee may be established and maintained as follows3 7i7 ,governors or their designees from all ,states in the region4 7ii7 ,other individuals and organizations the ,secretary determines have a significant interest in rail issues in the region4 7,c7 ,consultation ,the ,regional ,committee shall consult with-- 7i7 elected officials and other community leaders in cities or counties affected by high-speed or intercity passenger rail projects2 7ii7 economic development bodies2 7iii7 business leaders in the region2 7iv7 freight carriers with operations in the region2 7v7 commuter rail agencies with operations in the region2 7vi7 rail labor2 7vii7 regional transportation and air quality planning agencies2 and 7viii7 other individuals or organizations that the ,regional ,committee determines would provide valuable input into the ,committee's deliberations4 7,d7 ,responsibilities ,the ,regional ,committee shall be responsible for carrying out the following3 7i7 ,proposing to the ,secretary the ,regional ,rail ,development ,plan within one year of the ,,rrda's establishment and making recommendations to the ,secretary for biennial updates4 7ii7 ,evaluating ,service ,development ,plans and investment plans and related materials or other analyses prepared by the ,executive ,director for use in supporting applications to the ,secretary for ,federal financial assistance and providing the ,secretary with recommendations or written objections to the ,plan and related materials as appropriate4 7iii7 ,making recommendations to the ,secretary for the selection of private sector partners for designing1 constructing1 operating1 or maintaining a corridor4 7iv7 ,evaluating and making recommendations to the ,secretary for the ,,rrda's ,annual ,report4 7v7 ,making recommendations to the ,secretary concerning the powers outlined in section #bhijc of this title4 7,e7 ,majority vote ,an action or decision by the ,regional ,committee shall be by majority vote of all members1 whether in person or in absentia4 ,each member shall be provided a reasonable opportunity to vote on all matters before the ,regional ,committee4 7,f7 ,publicly accessible meetings ,all meetings of the ,regional ,committee shall be publicly-accessible1 and the ,regional ,committee shall also provide regular updates and information on a publicly-accessible ,web site4 7b7 ,exemption from federal advisory committee act ,the ,federal ,advisory ,committee ,act shall not apply to ,regional ,rail ,development ,authorities4 #bhijc4 ,activities 7a7 ,corridor development powers ,regional ,rail ,development ,authorities established pursuant to this chapter shall have the power to undertake the following corridor development activities3 7#a7 ,planning for ,core ,express ,corridors1 ,regional ,corridors1 and ,feeder ,corridors within their jurisdiction1 including leading the development of the ,regional ,rail ,development ,plan described in section #bbfjb of this title and identifying proposed corridor alignments and station locations4 7#b7 ,planning that addresses transportation issues and infrastructure investments for more efficient movement of people and goods through and among corridors1 including consideration of the most cost-effective transportation investments to address a specific region's or corridor's transportation needs for both people and goods4 7#c7 ,preparing engineering studies1 environmental and health analyses1 project management plans1 financial plans1 service development plans and other documentation necessary for developing and delivering new or improved high-speed or intercity passenger rail services4 7#d7 ,receiving1 managing1 and expending ,federal financial assistance1 including taking responsibility for all relevant reporting or other requirements associated with that financial assistance4 7#e7 ,coordinating the financing package for project development and delivery1 including structuring and overseeing ,federal1 ,state1 and local financial assistance funds1 and private-sector contributions4 7#f7 ,leading construction-related activities for developing the corridor1 including issuing requests for proposals_/qualifications1 managing contractors1 entering into contracts with public and private entities for construction of the corridor1 and other related activities4 7#g7 ,acquiring and preserving right-of-way for dedicated corridors4 7#h7 ,providing for or supporting negotiations with infrastructure owners for new or improved shared-use passenger rail corridors4 7#i7 ,issuing requests for proposals for projects for the financing1 design1 construction1 operation1 and_/or maintenance of a high-speed intercity passenger rail system operating within the ,,rrda's jurisdictions that shall include those items described in paragraph 7a77#d7 of section #ejb of ,division ,b of ,public ,law #aaj-dcb4 7b7 ,funding eligibility ,regional ,rail ,development ,authorities are eligible to receive ,federal funding under the ,rail ,service ,improvement ,program1 as described in section #bdfje of this title4 4 7b7 ,related amendment ,the analysis for subtitle ,v is amended by inserting below the item for chapter #bhg the following3 #bhi4;,authority and objectives#bhija ,structure#bhijb ,activities#bhijc 4 #ibjb4 ,northeast ,corridor ,infrastructure and ,operations ,advisory ,commission ,section #bdije is amended as follows3 7#a7 ,by revising paragraph 7c77#a77;,b7 to read as follows3 7,b7 develop a proposed timetable for implementing the formula that allows for a phased-in schedule that incorporates a reasonable amount of time for agreements to be negotiated among affected parties1 provided that the formula is fully implemented no later than ,september #cj1 #bjah4 4 7#b7 ,in paragraph 7e71 by striking #bjac and replacing with #bjah4 7#c7 ,by inserting paragraph 7g7 to read as follows3 7g7 ,northeast corridor governance ,not later than ,september #cj1 #bjad1 the ,commission shall issue a report with recommendations regarding the appropriate mechanisms for managing1 improving1 financing1 operating1 and maintaining the ,northeast ,corridor1 including a clear delineation of responsibilities among the ,federal government1 ,states1 and ,amtrak4 ,this report shall be submitted to the ,secretary1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 4 #ibjc4 ,standardization of passenger equipment and platforms 7a7 ,passenger platforms ,where level-entry boarding platforms are required by law-- 7#a7 new or rebuilt passenger platforms in ,connecticut1 ,delaware1 ,maine1 ,massachusetts1 ,new ,hampshire1 ,new ,jersey1 ,new ,york1 ,rhode ,island1 and ,vermont shall be constructed and maintained at #dh inches above top of rail2 7#b7 new or rebuilt passenger platforms in ,maryland and ,pennsylvania shall be constructed and maintained at #ae or #dh inches above top of rail1 in coordination with the lowest floor height of equipment serving the platform2 7#c7 new or rebuilt platforms at ,union ,station in ,washington1 ,,dc1 shall be built and maintained to facilitate level boarding for the equipment serving the platform2 7#d7 all other new or rebuilt passenger rail platforms shall be built and maintained at #ae inches above top of rail2 and 7#e7 it is the intent of ,congress to expressly preempt ,state and local laws1 regulations and rules on passenger platform height and setback4 7b7 ,exceptions 7#a7 ,a railroad owner may seek an exception to the passenger platform height requirements by presenting information to the ,federal ,railroad ,administration of an actual conflict between the requirement and an existing piece of equipment operated past the platform location4 ,new or rebuilt passenger rail equipment used on any route with a platform excepted under this subpart must be equipped with an onboard lift4 7#b7 ,a railroad owner may seek an exception to the passenger platform height requirements by presenting information to the ,federal ,railroad ,administration that it will provide level-boarding at a height other than that provided in subsection 7a74 7#c7 ,a system that is in operation on the date of this enactment that provides a level-boarding platform at a height other than those described in subsection 7a7 may continue to provide such service4 #ibjd4 ,next ,generation ,equipment ,committee 7a7 ,revisions to division b of ,public ,law #aaj-dcb1 the ,passenger ,rail ,investment and ,improvement ,act of #bjjh ,section #cje of ,division ,b of ,public ,law #aaj-dcb is amended-- 7#a7 in subsection 7a71 by inserting labor organizations that represent employees who perform overhaul and maintenance work on passenger equipment used for intercity passenger rail transportation1 after manufacturers12 7#b7 by redesignating paragraph 7e7 as paragraph 7f72 and 7#c7 by inserting new paragraph 7e7 to read as follows-- 7e7 ,rail equipment management ,not later than ,december #cj1 #bjac1 the ,next ,generation ,corridor ,equipment ,pool ,committee shall issue a report with recommendations regarding the appropriate mechanisms for procuring1 managing1 and maintaining passenger rail cars and locomotives4 ,this report shall be submitted to the ,secretary1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 4 7a7 ,in general ,part ,e of subtitle ,v is amended by inserting the following after chapter #bhe3 #bhg ,,buy ,,america ,,preferences ,sec4 #bhgja4 ,buying goods produced in the ,united ,states4 #bhgjb4 ,fraudulent use of ,made in ,america label4 #bhgja4 ,buying goods produced in the ,united ,states 7a7 ,preference 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary shall not obligate any funds authorized to be appropriated to carry out subtitle ,v of this title and administered by the ,department of ,transportation1 nor shall the ,secretary provide direct loans or loan guarantees under section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb71 unless steel1 iron1 and manufactured products used in the project are produced in the ,united ,states4 7#b7 ,non-federal funds ,notwithstanding any other provision of law1 rolling stock and power train equipment 7including train control1 communication1 traction power equipment1 and rolling stock prototypes7 purchased with non-,federal funds in connection with a project receiving ,federal financial assistance under subtitle ,v of this title or under section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb71 shall only use steel1 iron1 and manufactured products produced in the ,united ,states4 7b7 ,waiver ,the ,secretary may waive subsection 7a7 of this section if the ,secretary finds that-- 7#a7 applying subsection 7a7 would be inconsistent with the public interest2 7#b7 such materials and products produced in the ,united ,states are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality2 7#c7 the cost of the domestic material will increase the cost of the end product by more than #be percent2 or 7#d7 when procuring rolling stock or train control systems for high-speed rail1 as that term is defined by section #bfaje7b7 of this title-- 7,a7 the rolling stock and train control systems are manufactured in the ,united ,states substantially from components produced or manufactured in the ,united ,states2 7,b7 the rolling stock domestic material improvement plan required by subsection 7c7 of this section addresses how the domestic material content of the rolling stock and train control systems will be increased over the duration of the contract2 and 7,c7 final assembly of the rolling stock and train control systems1 not including prototypes that will primarily be used to test the rolling stock or train control systems1 has occurred in the ,united ,states2 and 7#e7 the waiver justifications contained in this subsection at paragraphs 7#a7 through 7#c7 apply to all steel1 iron1 and manufactured products1 including all rolling stock4 7c7 ,rolling stock domestic material improvement plan ,all rolling stock procurements subject to the requirements of subsection 7a7 of this section shall require that rolling stock procurement proposals include a plan to increase the domestic material content of the rolling stock over the duration of the contract4 ,this plan shall address increasing the domestic material content of all components and subcomponents4 ,significant weight shall be given in the proposal evaluation criteria for the plan achieving the most domestic material content4 ,the recipient of the ,federal financial assistance shall conduct an audit post-contract award to verify implementation of the plan4 ,as determined appropriate by the ,secretary1 a certain amount of funding made available for the rolling stock procurement shall be used to implement the plan4 7d7 ,labor costs ,for purposes of this section1 labor costs involved in final assembly shall not be included in calculating the cost of components4 7e7 ,waiver notice and comment ,if the ,secretary determines that it is necessary to waive the application of subsection 7a7 based on a finding under subsection 7b71 the ,secretary shall1 before the date on which such finding takes effect-- 7#a7 make available to the public on the ,department of ,transportation's public ,web site the waiver request and a detailed written justification as to why the waiver is needed2 7#b7 publish in the ,federal ,register a detailed written justification as to why the waiver is needed2 and 7#c7 provide notice of such finding and an opportunity for public comment on such finding for a reasonable period of time not to exceed #ae days4 7f7 ,waiver prohibited ,the ,secretary may not make a waiver under subsection 7b7 of this section for goods produced in a foreign country if the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 decides that the government of that foreign country-- 7#a7 has an agreement with the ,united ,states ,government under which the ,secretary has waived the requirement of this section2 and 7#b7 has violated the agreement by discriminating against goods to which this section applies that are produced in the ,united ,states and to which the agreement applies4 7g7 ,state requirements ,the ,secretary may not impose any limitation on assistance provided under subtitle ,v of this title that restricts a ,state from imposing more stringent requirements than this section on the use of articles1 materials1 and supplies mined1 produced1 or manufactured in foreign countries1 in projects carried out with that assistance1 or restricts a recipient of that assistance from complying with those ,state-imposed requirements4 7h7 ,certification ,the ,secretary may allow a manufacturer or supplier of steel1 iron1 or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification 7but not including failure to sign the certification7 under this section if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error4 ,the burden of establishing inadvertent or clerical error is on the manufacturer or supplier4 7i7 ,review ,a party adversely affected by an agency action under this section shall have the right to seek review under section #gjb of title #e4 7j7 ,minimum cost ,the requirements of this section shall only apply to contracts for which the costs exceed #ajj1jjj4 7k7 ,international agreements ,this section shall be applied in a manner consistent with ,united ,states obligations under international agreements4 #bhgjb4 ,fraudulent use of ,made in ,america label ,a person is ineligible to receive a contract or subcontract made with amounts authorized under subtitle ,v of this title or section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7 if a court or department1 agency1 or instrumentality of the ,government decides the person intentionally-- 7#a7 affixed a ,made in ,america label1 or a label with an inscription having the same meaning1 to goods sold in or shipped to the ,united ,states that are used in a project to which this section applies1 but were not produced in the ,united ,states2 or 7#b7 represented that goods described in paragraph 7#a7 of this section were produced in the ,united ,states4 4 7b7 ,conforming amendment ,the analysis for subtitle ,v is amended by inserting below the item for chapter #bhe the following3 #bhg4;,buy ,america preferences#bhgja 4 7c7 ,related amendments 7#a7 ,section #bdcje is amended by repealing subsection 7f74 7#b7 ,section #bddje7;a7 is amended by redesignating paragraphs 7#a7 through 7#aa71 respectively1 as paragraphs 7#b7 through 7#ab74 7#c7 ,section #bddje7;a7 is amended by inserting at the beginning the following3 7#a7 ,this subsection applies to projects that have received ,federal funding to carry out this chapter prior to the enactment of the ,rail ,safety1 ,reliability1 and ,efficiency for a ,strong ,america ,act4 4 #ibjf4 ,rail passenger transportation liability and mandatory coverage 7a7 ,liability ,section #bhajc is amended as follows3 7#a7 ,by revising subsection 7a77#b7 by inserting1 including commuter rail passengers1 after the words rail passenger14 7#b7 ,by revising subsection 7b7 to read as follows3 7b7 ,contractual obligations ,a provider of rail passenger transportation may enter into contracts that allocate financial responsibility for claims and such contracts shall be enforceable notwithstanding any other provision of law1 common law or public policy or the nature of the conduct giving rise to the damages or liability4 4 7#c7 ,by inserting at the end of subsection 7e7 the following3 7#d7 the term rail passenger transportation includes commuter rail transportation4 4 7b7 ,mandatory coverage ,subsection #bhajc7;c7 is amended by striking ,amtrak and inserting ,a provider of rail passenger transportation4 #ibjg4 ,shared-use study 7a7 ,in general ,the ,secretary shall conduct a study1 in consultation with1 as appropriate1 ,amtrak1 commuter1 and other passenger rail operators1 rail carriers that own rail infrastructure over which both passenger and freight trains operate1 ,states1 the ,surface ,transportation ,board1 and groups representing rail passengers and customers1 in order to evaluate the shared-use of right-of-way by passenger and freight rail systems and the operational1 institutional1 and legal structures that would best support improvements to both of these systems4 7b7 ,areas of study ,in conducting the study1 the ,secretary shall evaluate-- 7#a7 the access and use of railroad right-of-way by a railroad that does not own the right-of-way4 ,this evaluation shall include an analysis of passenger rail services that operate over privately owned right-of-way1 including access agreements1 costs of access1 and the resolution of disputes relating to such access or costs2 7#b7 the effectiveness of existing contractual and regulatory mechanisms for establishing1 measuring1 and enforcing train performance standards1 including identification of gaps in those existing mechanisms and designation of possible new approaches2 7#c7 mechanisms for measuring and maintaining benefits resulting from publically funded freight and_/or intercity passenger rail improvements1 including those improvements directed towards shared-use right-of-way2 7#d7 standard approaches to operations1 capacity1 and cost estimation modeling that allows for transparent decision-making while also protecting the proprietary interests of all parties2 and 7#e7 other issues identified by the ,secretary4 7c7 ,report ,within #ahj days after the establishment of a dedicated ,rail ,account within the ,transportation ,trust ,fund1 the ,secretary shall submit recommendations developed pursuant to subsections 7a7 and 7b71 including any legislative proposals consistent with such recommendations1 to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7d7 ,implementation ,the ,secretary shall integrate the recommendations submitted under subsection 7c7 into its financial assistance programs under subtitle ,v and section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb71 as appropriate4 ,the ,secretary may promulgate a rulemaking or rulemakings to integrate such recommendations1 if appropriate4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as necessary to conduct the study described in this section1 to remain available until expended4 #ibjh4 ,disadvantaged business enterprises2 disparity and availability study 7a7 ,in general ,the ,secretary of ,transportation shall continue actions to conduct a nationwide disparity and availability study to establish the availability and utilization of small business concerns owned and controlled by socially and economically disadvantaged individuals 7small disadvantaged businesses7 in publicly funded railroad projects4 7b7 ,definitions ,in this section3 7#a7 ,small business concern ,the term small business concern means a small business concern as the term is used in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 ,the term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding #c fiscal years in excess of #bb1daj1jjj1 as adjusted annually by the ,secretary for inflation4 7#b7 ,socially and economically disadvantaged individual ,the term socially and economically disadvantaged individual has the meaning given the term in section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations issued pursuant to that ,act1 except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this section4 7c7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report of the results of the nationwide disparity and availability study4 7d7 ,secretarial action ,if the ,secretary finds a strong basis in evidence demonstrating that gender or race discrimination or the effects of such discrimination is adversely impacting the award and administration of contracts to small disadvantaged businesses in ,federal financial assistance programs for rail transportation administered by the ,department of ,transportation1 the ,secretary should take appropriate and necessary action to remedy the effects of such discrimination4 ,c ,planning #icja4 ,national and regional rail planning 7a7 ,in general ,part ,b of subtitle ,v is amended by inserting the following after chapter #bbe3 #bbf ,,national ,,and ,,regional ,,rail ,,planning ,sec4 #bbfja4 ,national rail development plan4 #bbfjb4 ,regional rail development plans4 #bbfja4 ,national rail development plan 7a7 ,in general ,within #a year after the date of the enactment of this ,act1 the ,secretary of ,transportation shall complete a ,national ,rail ,development ,plan4 7b7 ,objectives ,the objectives of the ,national ,rail ,development ,plan are-- 7#a7 to set forth national policy involving high-performance rail transportation1 including presenting priorities and strategies to enhance high-performance rail transportation2 and 7#b7 to serve as the foundation for ,regional ,rail ,development ,plans4 7c7 ,contents ,the ,national ,rail ,development ,plan shall include the following elements3 7#a7 ,conditions under which ,federal investments in regional networks comprised of ,core ,express ,corridors1 ,regional ,corridors1 and_/or ,feeder ,corridors are justified1 to include1 at a minimum1 parameters addressing the following criteria3 7,a7 ,population size and density4 7,b7 ,projected population and economic growth and changing demographic characteristics4 7,c7 ,connections to local rail and bus transit and alternative transportation options4 7,d7 ,economic profile of specific markets4 7,e7 ,congestion on existing transportation facilities and constraints on future capacity enhancements1 in relation to efficient movement of both goods and people4 7,f7 ,distances between markets4 7,g7 ,geographic characteristics4 7#b7 ,conditions under which ,federal investments in freight rail projects are justified4 7#c7 ,a discussion of benefits and costs of potential investments in high-performance rail that considers both user and public benefits and costs from a network perspective1 to include factors such as potential passenger ridership or freight tonnage changes1 travel time reductions1 enhanced mobility benefits1 improved reliability and resilience1 environmental benefits1 economic benefits1 and other public benefits1 including sensitivity analyses on these factors4 7#d7 ,issues related to timing and phasing for the implementation of potential ,core ,express ,corridors1 ,regional ,corridors1 and ,feeder ,corridors4 7#e7 ,a strategy for investments in intermodal passenger stations that are linked to local public transportation and non-motorized transportation options1 and that connect to residential areas1 commercial areas1 and other nearby transportation facilities4 7#f7 ,policies and strategies for improving the competitiveness of the ,nation's freight rail industry4 7#g7 ,suggested performance standards for fiscal and operational performance of new and enhanced high-performance rail services by service type4 7#h7 ,general description of the environmental benefits or impacts related to the expansion of passenger and freight rail networks1 including analysis of climate change issues and implications4 7#i7 ,recommendations regarding project financing1 management and implementation for corridor development1 station development1 and similar projects4 7#aj7 ,achievement of the objectives set forth in section #aja of the ,rail for ,america ,act4 7#aa7 ,additional factors that the ,secretary deems relevant for achieving the objectives of this subsection4 #bbfjb4 ,regional rail development plans 7a7 ,in general ,the ,secretary shall facilitate the development of a ,regional ,rail ,development ,plans to describe a multi-,state region's plans for a comprehensive and integrated rail network1 including plans for public investment in projects that contribute towards efficient movement and increased capacity for freight1 by either ,regional ,rail ,development ,authorities1 described in chapter #bhi of this title1 or by any two or more ,states that have entered into interstate compacts1 agreements1 or organizations for the purpose of developing such a plan4 7b7 ,federal share incentive ,a project proposal for ,passenger ,corridor funding that is consistent with an adopted ,regional ,rail ,development ,plan shall be eligible for a higher ,federal share of total project costs under the ,passenger ,corridors program1 as described in section #bdfje7;b77#g77;,b7 of this title1 provided that the ,regional ,rail ,development ,plan meets the content and process criteria set forth in this paragraph4 7c7 ,contents and process 7#a7 ,contents ,at a minimum1 the ,regional ,rail ,development ,plan shall contain-- 7,a7 a map that shows specific alignment alternatives for the ,core ,express ,corridors1 ,regional ,corridors1 and ,feeder ,corridors that are consistent with the criteria established in the ,national ,rail ,development ,plan and that identifies potential station locations2 7,b7 an examination of multi-modal corridors and connections that considers the most cost-effective means for achieving the region's transportation goals and objectives2 7,c7 a phasing plan for developing or upgrading specific segments of the regional network2 7,d7 a capital cost estimate for developing the regional network2 7,e7 an analysis of operating financial forecasts1 including high-level ridership and revenue projections2 7,f7 a benefit-cost analysis for the regional network that considers both user and public benefits and costs from a network perspective1 to include factors such as ridership projections1 travel time reductions1 enhanced mobility benefits1 improved reliability and resilience1 environmental benefits1 economic benefits1 and other public benefits2 7,g7 an analysis of potential land use policies and strategies for areas near high-performance rail stations2 7,h7 general description of the environmental benefits or impacts that could result from implementation of the ,regional ,rail ,development ,plan1 including analysis of climate change issues and implications2 7,i7 consideration of the goals1 policies1 and investment priorities described in highway and transit plans developed by ,states and metropolitan planning organizations within the region2 7,j7 potential non-,federal funding sources1 including a detailed consideration of anticipated private sector participation2 7,k7 a proposal for the institutional and governance structures that will be necessary to develop1 operate1 and maintain the regional network2 7,l7 other project implementation considerations1 including an analysis of the readiness of specific corridors to proceed for development as evidenced by the completion of service development planning and environmental analyses2 7,m7 identification of plans for cost-effective1 public investment in shared-benefit projects that contribute toward the efficient movement and increased capacity for freight rail operations2 or 7,n7 evidence of support from affected ,states and local jurisdictions4 7#b7 ,process ,at a minimum1 the process for creating the ,regional ,rail ,development ,plan shall fulfill the following3 7,a7 ,be led and formally adopted either-- 7i7 by a ,regional ,rail ,development ,authority1 as described in chapter #bhi of this title1 with the final plan being formally adopted by the ,regional ,rail ,development ,authority2 or 7ii7 by two or more ,states that have jointly engaged in the planning process1 with the final plan being formally incorporated into the ,state ,rail ,plans1 ,state ,freight ,plans1 and ,statewide ,transportation ,improvement ,plans of each ,state1 as applicable4 7,b7 ,ensure substantial opportunities for involvement of affected stakeholders1 including but not limited to local communities1 elected officials1 economic development bodies1 business leaders1 railroad infrastructure owners1 regional air quality planning agencies1 ,amtrak1 passenger rail service operators1 freight railroad operators1 representatives of rail labor1 metropolitan planning organizations1 governing authorities for transit systems or airports1 ,tribal governments1 and the general public1 including local communities1 low-income and minority populations1 people with disabilities1 and older ,americans4 7,c7 ,provide the stakeholders1 including those listed in subparagraph 7,b71 reasonable opportunity to comment on and participate in the development and implementation of the ,plans1 particularly with regard to subsection 7c77#a77;,a7 and 7,g74 7d7 ,consistency with national rail development plan 7#a7 ,eligibility ,in order to be eligible for ,federal funding through the ,passenger ,corridor program1 a ,core ,express ,corridor1 ,regional ,corridor1 or ,feeder ,corridor identified in the ,regional ,rail ,development ,plan shall be consistent with the parameters identified in the ,national ,rail ,development ,plan4 7#b7 ,updates ,in the event that the ,regional ,rail ,development ,plan is adopted prior to publication of the ,national ,rail ,development ,plan1 the ,regional ,plan shall be updated within #a year of the publication of the ,national ,plan4 7#c7 ,waiver ,the ,secretary may waive requirements under this subsection as necessary to accommodate unique characteristics and situations in specific regions4 7e7 ,financial assistance ,planning activities to create a ,regional ,rail ,development ,plan are eligible to receive ,planning grants1 as described in subsection #bdfje7;e7 of this title4 ,the ,federal share of such a grant shall not exceed #hj percent of the total cost of the project4 4 7b7 ,revisions to the united states code ,section #ajc7;j7 is amended-- 7#a7 by striking paragraphs 7#b7 and 7#c72 and 7#b7 by redesignating paragraphs 7#d7 through 7#g71 respectively1 as paragraphs 7#b7 through 7#e74 #icjb4 ,state rail plans ,chapter #bbg of ,part ,b is amended-- 7#a7 in section #bbgjb7;b77#d71 by striking #e years for reapproval by the ,secretary and inserting #d years for acceptance by the ,secretary2 and 7#b7 by striking section #bbgje7;a77#ab74 ,d ,safety ,improvements #idja4 ,requirement for uniform operating rules 7a7 ,amendment ,chapter #bja1 as amended by this ,act1 is further amended by adding at the end the following new section3 #bjafh4 ,uniform operating rules 7a7 ,in general ,the ,secretary of ,transportation may prescribe regulations or issue orders to require in small geographic areas1 as defined by the ,secretary1 where two or more railroads serve as host railroads for joint operations that occur within a small geographic area1 all such host railroads in the small geographic area shall develop unified operating rules governing all operations within the small geographic area with respect to the following3 7#a7 signal aspects and indications1 such that no aspect represents multiple indications for any operations within the small geographic area2 7#b7 after-arrival mandatory directives1 such that the use of an after-arrival mandatory directive is prohibited for any operations in non-signaled territory within the small geographic area2 and 7#c7 forms used to convey track authority1 such that track authority for any operations within the small geographic area is conveyed using an identical set of forms4 7b7 ,construction ,nothing in this section shall be construed to limit the authority of the ,secretary to prescribe regulations or issue orders not authorized by this section4 4 7b7 ,conforming amendment ,the chapter analysis for chapter #bja is amended by inserting after the item relating to section #bjafg the following3 #bjafh4 ,uniform operating rules4 4 #idjb4 ,positive train control 7a7 ,implementation ,section #bjaeg7;a7 is revised to read as follows3 7a7 ,implementation 7#a7 ,where implementation required ,each ,class ,i railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation shall develop and submit to the ,secretary of ,transportation a plan for implementing a positive train control system by ,december #ca1 #bjae1 governing operations on-- 7,a7 its main line over which intercity rail passenger transportation or commuter rail passenger transportation1 as defined in section #bdajb1 is regularly provided2 7,b7 its main line over which poison- or toxic-by-inhalation hazardous materials1 as defined in sections #aga4h1 #agc4aae1 and #agc4acb of title #di1 ,code of ,federal ,regulations1 are transported2 and 7,c7 such other tracks as the ,secretary may prescribe by regulation or order4 7#b7 ,interoperability and prioritization ,the plan shall describe how the railroad carrier or other entity subject to subsection 7a77#a7 will provide for interoperability of the system with movements of trains of other railroad carriers over its lines and shall1 to the extent practical1 implement the system in a manner that addresses areas of greater risk before areas of lesser risk4 ,the railroad carrier or other entity shall implement a positive train control system in accordance with the plan4 7#c7 ,phased implementation ,the ,secretary shall prescribe regulations to establish an implementation schedule for positive train control systems to ensure successful implementation of positive train control systems4 7#d7 ,extension authority ,the ,secretary may extend the implementation deadline for one or more railroad carriers or other entities set by regulations prescribed pursuant to paragraph 7#a7 and paragraph 7#c7 if the ,secretary determines that-- 7,a7 the railroad carrier or other entity has encountered technical programmatic challenges1 as identified by the ,secretary in his #bjab report to ,congress pursuant to subsection 7d71 and those challenges have negatively affected the successful implementation of positive train control systems2 7,b7 the railroad carrier or other entity has demonstrated substantial progress in deploying positive train control to the extent feasible2 7,c7 the railroad carrier or other entity has taken actions to mitigate risks to successful implementation1 as identified by the ,secretary in his #bjab report to ,congress pursuant to subsection 7d72 and 7,d7 the railroad carrier or other entity is proceeding to implement its plan expeditiously and successfully4 4 7b7 ,provisional operation ,section #bjaeg7;h7 is amended to read as follows3 7h7 ,certification 7#a7 ,in general ,the ,secretary shall not permit the installation of any positive train control system or component in revenue service unless the ,secretary has certified that any such system or component has been approved through the approval process set forth in part #bcf of title #di1 ,code of ,federal ,regulations1 and complies with the requirements of that part4 7#b7 ,provisional operation ,the ,secretary may permit1 upon submission of a positive train control implementation plan1 the provisional operation of a positive train control system or component in revenue service where the development of the system or component has been approved by the ,secretary through the process set forth in part #bcf of title #di1 ,code of ,federal ,regulations1 complies with the requirements of that part1 and complies with any conditions the ,secretary may provide for such provisional operation4 4 7c7 ,alternative protection ,after subsection 7i7 of section #bjaeg1 the following is inserted3 7j7 ,exception for alternative protection 7#a7 ,notwithstanding the other provisions of this section1 a railroad may petition the ,secretary to implement alternative risk mitigation strategies on a particular a main line in place of a positive train control system that would otherwise be required to be installed on such line under this section if such risk mitigation strategies incorporate alternative technology or operating practices4 7#b7 ,the ,secretary may approve a plan to use such alternate risk mitigation strategies under this provision on a main line identified by a railroad carrier or other entity in a plan submitted to the ,secretary if the ,secretary determines that-- 7,a7 the use of the alternative strategies will not result in a decrease in the level of safety from that currently existing on the line2 7,b7 the alternative strategies provide an appropriate level of risk mitigation with regards to preventing the risks identified in subsection 7i77#c72 and 7,c7 the alternative risk mitigation strategies will be implemented as soon as possible4 4 7d7 ,spectrum ,chapter #bja1 as amended by this ,act1 is further amended by adding the following new section3 #bjafi4 ,federal communications commission spectrum ,not later than #abj days after the date of enactment of the ,rail for ,america ,act1 the ,secretary of ,transportation and the ,chairman of the ,federal ,communications ,commission shall coordinate to assess spectrum needs and availability for implementing positive train control systems1 as defined in section #bjaeg of this title4 ,such coordination may include conversations with external stakeholders4 4 7e7 ,conforming amendment ,the chapter analysis for chapter #bja1 as amended by this ,act1 is further amended by inserting after the item relating to section #bjafh the following3 #bjafi4 ,federal ,communications ,commission spectrum4 4 #idjc4 ,hours of service reform 7a7 ,cessation of effectiveness ,chapter #baa1 as amended by this ,act1 shall cease to be effective upon the effective date of the regulations mandated by subsection 7c7 of this section4 7b7 ,amendment ,upon the effective date of the regulations mandated by subsection 7c7 of this section-- 7#a7 the first sentence of section #bjajc7;a7 is amended to read as follows3 7#a7 ,the ,secretary of ,transportation1 as necessary1 shall prescribe regulations and issue orders for every area of railroad safety-- 7,a7 superseding the ,federal hours of service laws formerly codified at chapter #baa of this title and regulations and orders pursuant to those laws2 and 7,b7 supplementing other regulations and other laws in effect on ,october #af1 #aigj4 2 and 7#b7 the second sentence of section #bjajc7;a71 as amended by this ,act1 is designated as paragraph 7#b74 7c7 ,amendment ,chapter #bja1 as amended by this ,act1 is further amended by adding at the end the following new section3 #bjaga4 ,fatigue1 including hours of service 7a7 ,mandate ,to convert statute to regulations2 nonreviewability2 cessation of effectiveness of chapter #baa 7#a7 ,the ,secretary of ,transportation shall prescribe regulations embodying the substantive provisions of the ,federal hours of service laws codified at sections #baaja-baajf1 #baajh1 and #baaji of this title and in so doing may make changes necessary to transform those provisions into regulatory form4 7#b7 ,notwithstanding any other provision of law1 these regulations shall not be subject to judicial review4 7#c7 ,upon the effective date of the regulations prescribed under this subsection 7a7 7the status quo regulations71 chapter #baa of this title shall cease to be effective4 7b7 ,authority ,to prescribe amendments to the status quo regulations ,after the ,secretary has prescribed the regulations mandated by subsection 7a7 and after the regulations mandated by subsection 7a7 have become effective1 the ,secretary may amend the regulations as the ,secretary deems necessary in accordance with the ,secretary's general authority under section #bjajc of this title1 to prevent and mitigate fatigue among individuals performing safety-critical duties in train and engine service1 signal or train control service1 or dispatching service1 whether or not directly employed by a railroad carrier4 7c7 ,determinations committed to the discretion of the secretary ,in the prescription of any final rule amendment by the ,secretary to the regulations mandated by subsection 7a71 or to the regulations authorized by subsection 7b71 determinations of scientific knowledge and literature relating to fatigue1 scientific and medical research on circadian rhythms and human sleep and rest requirements1 reasonable levels of fatigue prevention or fatigue mitigation1 and other related determinations and applications of scientific knowledge and literature are committed to the discretion of the ,secretary4 4 7d7 ,conforming amendment ,the chapter analysis for chapter #bja1 as amended by this ,act1 is further amended by inserting after the item relating to section #bjagj the following3 #bjaga4 ,fatigue1 including hours of service4 4 7e7 ,amendment ,effective upon the effective date of the regulations prescribed under subsection 7c7 of this section1 the following new section of chapter #bja1 as amended by this ,act1 shall become effective3 #bjagb4 ,maximum duty hours and subjects of collective bargaining ,the number of hours that an employee may be required or allowed to be on duty 7a number formerly established by the ,federal hours of service laws1 formerly codified at chapter #baa of this title1 and presently established under section #bjaga of this title7 is the maximum number of hours consistent with safety4 ,shorter hours of service and time on duty of an employee are proper subjects for collective bargaining between a railroad carrier and its employees4 4 7f7 ,conforming amendment ,effective upon the effective date of regulations prescribed under subsection 7c7 of this section1 the following new item in the chapter analysis for chapter #bja1 as amended by this ,act1 shall become effective3 #bjagb4 ,maximum duty hours and subjects of collective bargaining4 4 #idjd4 ,amendments to the safety appliance law 7a7 ,amendment ,section #bjcjc is amended by adding at the end the following new subsections3 7d7 ,definitions and clarification ,in subsection 7a7-- 7#a7 place at which the repairs can be made means-- 7,a7 a location with a fixed facility for conducting the repairs that are necessary to bring the defective or insecure vehicle into compliance with this chapter2 or 7,b7 a location where a mobile repair truck capable of making the repairs that are necessary to bring the defective or insecure vehicle into compliance with this chapter makes the same kind of repair at the location regularly 7as specified in regulations prescribed by the ,secretary72 7#b7 nearest means the closest in the forward direction of travel for the defective or insecure vehicle2 and 7#c7 movement of a defective or insecure vehicle from a location is necessary to make repairs of the vehicle even though a mobile repair truck capable of making the repairs has gone to the location on an irregular basis 7as specified in regulations prescribed by the ,secretary74 7e7 ,additional conditions for movement to make repairs ,the ,secretary of ,transportation may impose conditions for the movement of a defective or insecure vehicle to make repairs in addition to those conditions set forth in subsection 7a7 by prescribing regulations or issuing orders as necessary4 4 7b7 ,amendment ,section #bjcjf is amended by-- 7#a7 striking the word or at the end of subsection 7b77#a72 7#b7 striking the period at the end of subsection 7b77#b7 and inserting 2 or2 and 7#c7 adding at the end a new subsection 7b77#c7 to read as follows3 7#c7 a regulation as contemplated by section #eec of title #e1 ,united ,states ,code4 4 #idje4 ,amendments to the locomotive inspection law 7a7 ,amendment ,section #bjgja is amended by-- 7#a7 redesignating its text as subsection 7a7 with the heading ,general4--2 7#b7 striking the word and at the end of subsection 7a77#b72 7#c7 striking the period at the end of subsection 7a77#c7 and inserting 2 and2 and 7#d7 adding at the end a new subsection 7a77#d7 to read as follows3 7#d7 if of a unique design or utilizing a new power source technology1 have been approved in advance by the ,secretary4 4 7b7 ,amendment ,section #bjgja1 as amended by this ,act1 is further amended by adding at the end the following3 7b7 ,definitions ,for the purposes of subsection 7a77#d71 the term new power source technology means a technology that employs a source of motive power other than diesel fuel1 electricity1 or steam4 4 #idjf4 ,technical amendment to the provision on protection of railroad safety risk reduction program information ,section #bjaai7;b7 is amended to read as follows3 7b7 ,authority ,following completion of the study required under subsection 7a71 the ,secretary1 if in the public interest1 including public safety and the legal rights of persons injured in railroad accidents1 may prescribe a rule subject to notice and comment to address the results of the study4 ,this rule may include provisions that withhold from discovery or admission into evidence 7in the course of civil litigation for damages involving personal injury1 wrongful death1 or property damage against a carrier7 any plan1 document1 report1 survey1 schedule1 list1 or data compiled or collected solely for the purpose of developing1 evaluating1 planning1 or implementing a railroad safety risk reduction program required under this chapter1 including a railroad carrier's analysis of its safety risks and its statement of the mitigation measures with which it will address those risks4 ,any such rule prescribed pursuant to this subsection shall not become effective until #a year after its adoption4 4 #idjg4 ,noise emission standards 7a7 ,in general ,chapter #bja1 as amended by this ,act1 is further amended by adding at the end the following3 #bjagj4 ,noise emission standards ,the ,secretary of ,transportation1 with the concurrence of the ,administrator of the ,environmental ,protection ,agency1 may prescribe regulations governing railroad-related noise emission standards for railroad carriers operating on the general railroad system of transportation1 including noise related to magnetic levitation systems4 ,such regulations may consider variances in maximum pass-by noise with respect to the speed of the equipment1 account for current engineering best practices1 and encourage the use of noise mitigation techniques only where reasonable and the benefits exceed the costs4 4 7b7 ,conforming amendment ,the chapter analysis for chapter #bja1 as amended by this ,act1 is further amended by inserting after the item relating to section #bjafi the following3 #bjagj4 ,noise emission standards4 4 #idjh4 ,technical amendment to chapter #bja general civil penalty provision ,section #bacja7;a77#a71 as amended by this ,act1 is further amended by inserting immediately before the last sentence the following3 ,an act by an individual that causes a railroad carrier to be in violation is a violation44 #idji4 ,miscellaneous authorization of appropriations 7a7 ,highway-,rail grade crossing safety study ,there are authorized to be appropriated to the ,secretary such sums as necessary to conduct a study of railroad operations that block highway-rail grade crossings1 including the severity1 frequency1 and other characteristics of such blockages1 to remain available until expended4 ,for the purpose of this paragraph the term highway-rail grade crossing has the definition given in section #bjaec7;a7 of title #di1 ,united ,states ,code4 7b7 ,track electrification study ,there are authorized to be appropriated to the ,secretary such sums as necessary to conduct a study of track electrification and the development of standards for track electrification1 to remain available until expended4 7c7 ,train length study ,there are authorized to be appropriated to the ,secretary such sums as necessary to conduct a study of whether train length correlates with the severity and frequency of train derailments1 to remain available until expended4 #idaj4 ,repair and replacement of damaged track inspection equipment ,part ,a of subtitle ,v is amended by inserting the following after section #bjabj3 #bjaba4 ,repair and replacement of damaged track inspection equipment ,the ,secretary of ,transportation may receive and expend cash1 or receive and utilize spare parts and similar items1 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 damages1 and any amounts collected under this section shall be credited directly to the ,railroad ,safety and ,operations account of the ,federal ,railroad ,administration1 and shall remain available until expended for the repair1 operation1 and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program4 4 ,e ,miscellaneous ,revisions and ,technical ,corrections #ieja4 ,authorization of appropriations 7a7 ,authorization ,section #bjaag7;a7 is amended to read as follows3 7a7 ,in general ,there are authorized to be appropriated to the ,secretary of ,transportation to carry out this subtitle and to carry out responsibilities under chapter #ea1 as delegated or authorized by the ,secretary1 the following sums3 7#a7 #ahe1bej1jjj for fiscal year #bjae4 7#b7 ,for fiscal year #bjaf such sums as may be necessary4 7#c7 ,for fiscal year #bjag such sums as may be necessary4 7#d7 ,for fiscal year #bjah such sums as may be necessary4 4 7b7 ,technical corrections 7#a7 ,section #bjaag is amended by striking subsection 7e74 7#b7 ,section #bjaed is amended by striking subsection 7i74 7#c7 ,section #bjaeh is amended by striking subsection 7c74 7#d7 ,section #bjafg is amended by striking subsection 7e74 7#e7 ,chapter #bba is amended by striking section #bbajh4 7#f7 ,section #bbcja is amended by striking subsection 7g74 7#g7 ,chapter #bbe is amended by striking section #bbeje4 7#h7 ,chapter #bda is amended by striking section #bdajd4 7#i7 ,section #bdaje is amended by striking subsection 7e74 7#aj7 ,chapter #bdd is amended by striking section #bddjf4 7#aa7 ,chapter #bdi is amended by striking section #bdiji4 7#ab7 ,section #bdiaj is amended by striking subsection 7e74 7#ac7 ,section #bfajd is amended by-- 7,a7 striking subsection 7a72 and 7,b7 redesignating subsection 7b7 as 7a74 7#ad7 ,section #bfajf is amended by striking subsection 7h74 #iejb4 ,technical corrections to the ,rail ,safety ,improvement ,act of #bjjh 7a7 ,federal railroad administration ,section #ajc7;c7 is amended by striking the ,administration shall consider the assignment and maintenance of safety as the highest priority1 and inserting the ,administration shall consider the improvement of safety as the highest priority14 7b7 ,assistance to families of passengers involved in rail passenger accidents ,section #aaci is amended-- 7#a7 in subsection 7a77#a7 by striking phone number and inserting telephone number2 7#b7 in subsection 7a77#b7 by striking post trauma communication with families and inserting post-trauma communication with families2 and 7#c7 in subsection 7j77#b7 by striking railroad passenger accident and inserting rail passenger accident4 7c7 ,solid waste rail transfer facilities land-,use exemption ,section #ajiji is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,clean ,railroad ,act of #bjjh1 and inserting ,clean ,railroads ,act of #bjjh12 and 7#b7 in subsection 7e7 by striking ,upon the granting of petition from the ,state and inserting ,upon the granting of a petition from the ,state4 7d7 ,rulemaking process ,section #bjaaf is amended-- 7#a7 by inserting 7#a7 after unless2 and 7#b7 by inserting 7#b7 before the code1 rule1 standard1 requirement1 or practice has been subject to notice and comment under a rule or order issued under this part44 7e7 ,enforcement report ,section #bjabj7;a7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking website and inserting ,web site2 7#b7 in paragraph 7#a71 by striking accident and incidence reporting and inserting accident and incident reporting2 7#c7 in paragraph 7#b77;,g71 by inserting and at the end2 and 7#d7 in paragraph 7#e77;,b7 by striking ,administrative ,hearing ,officer or ,administrative ,law ,judge and inserting administrative hearing officer or administrative law judge4 7f7 ,railroad safety risk reduction program ,section #bjaef is amended-- 7#a7 in subsection 7c7 by inserting a comma after ,in developing its railroad safety risk reduction program2 and 7#b7 in subsection 7g7 by inserting a comma after good faith and by striking non-profit and inserting nonprofit4 7g7 ,roadway user sight distance at highway-,rail grade crossings ,section #bjaei is amended by striking the ,secretary and inserting the ,secretary of ,transportation4 7h7 ,national crossing inventory ,section #bjafj is amended-- 7#a7 in subsection 7a77#a7 by striking the word or from the phrase concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates2 and 7#b7 in subsection 7b77#a77;,a7 by striking the word or from the phrase concerning each crossing through which it operates or with respect to the trackage over which it operates4 7i7 ,minimum training standards ,section #bjafb7;a77#c7 is amended by striking railroad compliance with ,federal standards and inserting railroad carrier compliance with ,federal standards4 7j7 ,development and use of rail safety technology ,section #bjafd7;a7 is amended by striking after enactment of the ,railroad ,safety ,enhancement ,act of #bjjh and inserting after the enactment of the ,rail ,safety ,improvement ,act of #bjjh4 7k7 ,limitations on financial assistance ,section #bbajf7;b7 is amended by striking interest thereof and inserting interest thereon4 7l7 ,chapter analysis for chapter #bdc ,the item for section #bdcaf in the chapter analysis for chapter #bdc is amended by striking to assist families of passengers and inserting to address needs of families of passengers4 #iejc4 ,technical correction to introductory text of ,public ,law #aaj-dcb ,the introductory text of ,public ,law #aaj-dcb 7#abb ,stat4 #dhdh7 is amended by striking ,federal ,railroad ,safety ,administration and inserting ,federal ,railroad ,administration4 #iejd4 ,technical corrections to uncodified provisions of division ,a of ,public ,law #aaj-dcb1 the ,rail ,safety ,improvement ,act of #bjjh 7a7 ,table of contents ,section #a7;b7 of division ,a of ,public ,law #aaj-dcb 7#abb ,stat4 #dhdh71 is amended-- 7#a7 in the item for section #cjg1 by striking website and inserting ,web site4 7#b7 in the item for title ,,vi1 by striking ,solid ,waste ,facilities and inserting ,solid ,waste ,rail ,transfer ,facilities2 and 7#c7 in the item for section #fjb1 by striking solid waste transfer facilities and inserting solid waste rail transfer facilities4 7b7 ,definitions ,section #b7;a77#a7 of division ,a of ,public ,law #aaj-dcb 7#abb ,stat4 #dhdi7 is amended by inserting a comma after the word grade4 7c7 ,railroad safety strategy ,section #ajb7;a77#f7 of title ,i of division ,a of ,public ,law #aaj-dcb 7#abb ,stat4 #dheb7 is amended-- 7#a7 by striking ,improving the safety of railroad bridges1 tunnels1 and related infrastructure to prevent accidents1 incidents1 injuries and fatalities caused by catastrophic failures and other bridge and tunnel failures42 and 7#b7 by inserting ,improving the safety of railroad bridges1 tunnels1 and related infrastructure to prevent accidents1 incidents1 injuries and fatalities caused by catastrophic and other failures of such infrastructure44 7d7 ,operation lifesaver ,section #bjf7;a7 of title ,,ii of division ,a of ,public ,law #aaj-dcb 7#abb ,stat4 #dhgc7 is amended by striking ,public ,service ,announcements and inserting public service announcements4 7e7 ,update of federal railroad administration's web site ,section #cjg of title ,,iii of division ,a of ,public ,law #aaj-dcb 7#abb ,stat4 #dhha7 is amended-- 7#a7 in the caption by striking ,,website and inserting ,,web ,,site2 and 7#b7 in the text by striking website wherever it appears and inserting ,web site4 7f7 ,alcohol and controlled substance testing for maintenance-of-,way employees ,section #dab of title ,,iv of division ,a of ,public ,law #aaj-dcb 7#abb ,stat4 #dhhi7 is amended by striking ,secretary of ,transportation and inserting ,secretary4 7g7 ,tunnel information ,section #dad of title ,,iv of division ,a of ,public ,law #aaj-dcb is amended-- 7#a7 by striking parts #aga4h1 #agc4aae1 7#abb ,stat4 #dhhi7 and inserting sections #aga4h1 #agc4aae12 and 7#b7 by striking part #aebj4e 7#abb ,stat4 #dhij7 and inserting section #aebj4e4 7h7 ,safety inspections in mexico ,section #daf of title ,,iv of division ,a of ,public ,law #aaj-dcb 7#abb ,stat4 #dhij7 is amended-- 7#a7 in the introductory text by striking ,secretary of ,transportation and inserting ,secretary2 and 7#b7 in paragraph 7#d7 by striking subsection and inserting section4 7i7 ,heading of title ,,vi ,the heading of title ,,vi of division ,a of ,public ,law #aaj-dcb 7#abb ,stat4 #dijj7 is amended by striking ,,solid ,,waste ,,facilities and inserting ,,solid ,,waste ,,rail ,,transfer ,,facilities4 7j7 ,caption of section #fjb ,the caption of section #fjb of title ,,vi of division ,a of ,public ,law #aaj-dcb 7#abb ,stat4 #dijj7 is amended by striking ,,solid ,,waste ,,transfer ,,facilities4 and inserting ,,solid ,,waste ,,rail ,,transfer ,,facilities44 #ieje4 ,technical corrections to provisions of the hours of service laws and related civil penalty provision 7a7 ,nonapplication1 exemption1 and alternate hours of service regime ,section #baajb7;c7 is amended-- 7#a7 by striking ,,application ,,of ,,hours ,,of ,,service ,,regime ,,to ,,commuter ,,and ,,intercity ,,passenger ,,railroad ,,train ,,employees and inserting ,,application ,,of ,,hours ,,of ,,service ,,regime ,,to ,,commuter ,,and ,,intercity ,,passenger ,,railroad ,,train ,,employees1 ,,including ,,tourist1 ,,historic1 ,,scenic1 ,,or ,,excursion ,,railroad ,,train ,,employees2 7#b7 in paragraph 7#a7 by inserting after commuter rail passenger transportation or intercity rail passenger transportation1 the phrase including tourist1 historic1 scenic1 or excursion rail transportation1 and by striking including public authorities operating passenger service and inserting including tourist1 historic1 scenic1 or excursion railroad carriers and public authorities operating passenger service2 7#c7 in paragraph 7#b7 by inserting after commuter rail passenger transportation or intercity rail passenger transportation1 the following phrase3 including tourist1 historic1 scenic1 or excursion rail transportation12 7#d7 in paragraph 7#c77;,a7 by inserting after commuter rail passenger transportation or intercity rail passenger transportation a comma and adding the following phrase3 including tourist1 historic1 scenic1 or excursion rail transportation12 and 7#e7 in paragraph 7#d7 by striking the colon after ,in this subsection and inserting a dash and by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c7 respectively4 7b7 ,limitations on duty hours of train employees ,section #baajc7;e7 is amended by striking such railroads' efficient operations and on-time performance of its trains4 and inserting such a railroad's efficient operations and on-time performance of its trains44 7c7 ,regulatory authority ,section #baaji7;b7 is amended-- 7#a7 by striking ,,regulations ,,governing ,,the ,,hours ,,of ,,service ,,of ,,train ,,employees ,,of ,,commuter ,,and ,,intercity ,,passenger ,,railroad ,,carriers and inserting ,,regulations ,,governing ,,the ,,hours ,,of ,,service ,,of ,,train ,,employees ,,of ,,commuter ,,and ,,intercity ,,passenger ,,railroad ,,carriers1 ,,including ,,train ,,employees ,,of ,,tourist1 ,,historic1 ,,scenic1 ,,or ,,excursion ,,railroad ,,carriers2 and 7#b7 by inserting after train employees engaged in commuter rail passenger transportation and intercity rail passenger transportation 7as defined in section #bdajb of this title7 a comma and adding the following phrase3 including train employees engaged in the transportation by railroad of passengers on tourist1 historic1 scenic1 or excursion railroad carriers14 7d7 ,chapter #baa violations ,section #bacjc7;a77#a7 is amended by inserting after the comma in including section #baajc 7as such section was in effect on the day before the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh71 the following phrase3 violating regulations or orders issued pursuant to chapter #baa of this title14 #iejf4 ,elimination of certain ,,fra reporting requirements ,section #ajb7;d7 of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjaja7 is amended-- 7#a7 by striking the heading for paragraph 7#a72 and 7#b7 by striking paragraph 7#b74 ,x ,miscellaneous #ajjja4 ,consideration of travel and tourism in award of financial assistance ,section #cje of title #di1 ,united ,states ,code1 is amended by inserting the following at the end3 7c7 ,the ,secretary shall-- 7#a7 encourage recipients of grants under this title and title #bc to fund projects with the grants that support travel and tourism-based infrastructure within the ,united ,states2 and 7#b7 consider the potential effects of travel and tourism within the ,united ,states among the eligibility criteria when allocating funds for projects funded under the titles4 4 #ajjjb4 ,electronic reports and report modification 7a7 ,use of electronic media for ,,dot reports 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,transportation-- 7,a7 may not publish any report required or authorized by law in a printed format2 and 7,b7 shall publish any such report by posting it on the ,department's ,internet ,web site in an easily accessible and downloadable electronic format4 7#b7 ,exception ,paragraph 7#a7 does not apply to any report with respect to which the ,secretary determines that-- 7,a7 its publication in a printed format is essential to the mission of the ,department of ,transportation1 as determined by the ,secretary2 or 7,b7 its publication in accordance with the requirements of paragraph 7#a7 would disclose matter-- 7i7 described in section #eeb7;b7 of title #e1 ,united ,states ,code2 or 7ii7 the disclosure of which would have an adverse impact on safety or security1 as determined by the ,secretary4 7b7 ,annual reporting requirement on ,,ntsb most wanted list 7#a7 ,section #aace7;e77#a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 by striking ,on ,february #a of each year and inserting ,within #abj days after publication of the ,board's annual most wanted list2 and 7,b7 by striking the report due on ,february #a of 4 7#b7 ,section #aace7;e77#b7 of title #di1 ,united ,states ,code is amended by striking on ,march #a of each year and inserting after #cj days following the due date14 #ajjjc4 ,amendment of ,federal ,aid in ,sport ,fish ,restoration ,act ,section #d of the ,federal ,aid in ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;c7 is amended-- 7#a7 in subsection 7a71 by striking fiscal year through #bjad1 and inserting fiscal year through #bjah12 and 7#b7 in subsection 7b77#a77;,a71 by striking fiscal year through #bjad1 and inserting fiscal year through #bjah14 #ajjjd4 ,amendments to chapter #ecg of title #df ,chapter #ecg of title #df1 ,united ,states ,code1 is amended-- 7#a7 by amending section #ecgja7ac7 to read as follows3 7#ac7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of ,commerce with respect to fishing vessels and fishery facilities2 and 7,b7 the ,secretary of ,transportation with respect to other vessels and general shipyard facilities 7as defined in section #ecgcc7;a7 of this title74 2 7#b7 in section #ecgjf7;c71 by striking ,administrator each place it appears and inserting ,secretary or ,administrator2 7#c7 in section #ecgjg7;b71 by striking ,administrator and inserting ,secretary or ,administrator2 7#d7 in section #ecgjh7;a71 by striking ,administrator each place it appears and inserting ,secretary or ,administrator2 7#e7 in section #ecgaj7;b7-- 7,a7 in paragraph 7#a71 by striking ,administrator's and inserting ,secretary's or ,administrator's2 and 7,b7 in paragraph 7#b71 by striking ,administrator and inserting ,secretary or ,administrator2 7#f7 in section #ecgag-- 7,a7 in subsection 7b71 by striking ,administrator each place it appears and inserting ,secretary or ,administrator2 and 7,b7 by striking subsection 7c7 and redesignating subsection 7d7 as subsection 7c72 7#g7 in section #ecgah1 by striking ,administrator and inserting ,secretary or ,administrator2 7#h7 in section #ecgca1 by striking ,administrator each place it appears and inserting ,secretary or ,administrator2 7#i7 in section #ecgcb1 by striking ,administrator each place it appears and inserting ,secretary or ,administrator2 and 7#aj7 in section #ecgcc1 by striking ,administrator each place it appears and inserting ,secretary or ,administrator4 #ajjje4 ,government-wide authority for electric charging infrastructure at no cost to the taxpayer 7a7 ,establishment of authority for government-,wide provision of electric charging at no cost to the taxpayer ,chapter #gi of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #gijg4 ,government-wide authority for electric charging infrastructure 7a7 ,definitions 7#a7 ,covered individual ,the term covered individual means-- 7,a7 any employee 7as defined in section #baje of this title2 7,b7 a member of a uniformed service2 7,c7 any other individual who performs services for or on behalf of a ,federal agency under a contract or subcontract with a ,federal agency2 or 7,d7 a visitor to a ,federal agency or facility4 7#b7 ,federal agency ,the term ,federal agency has the meaning given the term ,executive agency in section #aje of this title1 and also includes the ,u4,s4 ,postal ,service1 the ,executive ,office of the ,president1 the military departments as defined in section #ajb of this title1 and the judicial branch4 7b7 ,authority 7#a7 ,in general ,the head of a ,federal agency may-- 7,a7 construct1 install1 operate1 and maintain electric charging infrastructure on a reimbursable basis in parking areas under the jurisdiction of the ,federal agency2 and 7,b7 provide electricity on a reimbursable basis in parking areas under the jurisdiction of the ,federal agency for use by privately owned vehicles used by covered individuals4 7#b7 ,vendors authorized ,in carrying out paragraph 7#a71 the head of a ,federal agency may use #a or more vendors on a commission or no-cost contract basis4 7#c7 ,use of charging infrastructure for official agency vehicles ,the head of a ,federal agency may use electric charging infrastructure installed for official agency vehicles1 to the extent that it is available1 to provide electric vehicle charging under this section4 7#d7 ,integration of renewable energy ,the head of a ,federal agency may encourage the inclusion of options for generating electricity from renewable energy as part of the design of parking areas for the agency4 7c7 ,fees ,the head of a ,federal agency shall charge fees for electricity provided to covered individuals sufficient to cover the initial and continuing costs to the head of the ,federal agency of carrying out this section1 including the costs of any vendors or other costs associated with maintaining the electric charging infrastructure4 7d7 ,deposit and availability of fees and commissions ,any fees or commissions collected by the head of a ,federal agency under this section-- 7#a7 shall be-- 7,a7 deposited monthly into the account of the ,treasury from which the amounts were made available to carry out this section1 notwithstanding section #ccjb7;b7 of title #ca2 and 7,b7 transferred from the ,treasury to an appropriate account of the agency if the agency operates with a budget outside of the ,treasury2 and 7#b7 shall be available for obligation by the head of the ,federal agency without further appropriation during-- 7,a7 the fiscal year collected2 and 7,b7 the fiscal year following the fiscal year collected4 7e7 ,parking fees ,if a ,federal agency charges covered employees parking fees for use of a facility that contains an electric vehicle charging facility provided under this section1 employees using the electric vehicle charging facility shall pay the same parking fee as covered employees not using the electric vehicle charging facility4 4 7b7 ,conforming amendment ,the analysis for chapter #gi of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #gijg4 ,government-,wide ,authority for ,electric ,charging ,infrastructure4 4 ,,xi ,budgetary ,interpretations and ,treatments #aajja4 ,amounts in this ,act 7a7 ,contract authority ,except as provided in subsection 7c71 or except as explicitly provided otherwise by this ,act or in title #bc1 ,united ,states ,code1 all funding provided by this ,act is contract authority as defined in section #c7b77;,a77iii7 of the ,congressional ,budget and ,impoundment ,act of #aigd 7#b ,u4,s4,c4 #fbb7b77;,a77iii771 and all such contract authority shall become available for obligation in the fiscal year specified in this ,act and shall remain available until expended4 7b7 ,obligation limits 7#a7 ,in general ,except as explicitly provided1 obligation limits established by this ,act shall apply for a term of one year and shall apply to obligations to be incurred in the fiscal year specified4 ,notwithstanding any other provision of law1 obligation limits established by this ,act shall not apply after #bjah4 7#b7 ,exceptions 7,a7 ,except as provided in this ,act1 obligation limits established by this ,act shall apply to unobligated contract authority from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 prior to the date of enactment of this ,act4 7,b7 ,obligation limitations established by this ,act shall not apply to-- 7i7 unobligated contract authority provided by this ,act that could have been obligated in a prior year within any obligation limits applicable to that prior year or was exempt from such limitations1 but was not so obligated2 7ii7 the use of fees authorized or provided by this ,act as described in subsection 7d72 and 7iii7 reimbursable programs undertaken by accounts established in this ,act on behalf of discretionary accounts4 7#c7 ,obligation limits in appropriations acts 7,a7 ,during any session of ,congress1 appropriations ,acts may increase or decrease any obligation limit established by this ,act for any current year or budget year prior to fiscal year #bjai4 7,b7 ,during any session of ,congress1 it shall not be in order in either the ,house of ,representatives or the ,senate for any appropriations ,act to alter obligation limits under this ,act for any outyear4 7,c7 ,this paragraph is enacted by the ,congress-- 7i7 as an exercise of the rulemaking power of the ,house of ,representatives and the ,senate1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 and such procedures supersede other rules only to the extent that they are inconsistent therewith2 and 7ii7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner and to the same extent as in the case of any other rule of that ,house4 7c7 ,liquidating cash ,there is authorized to be appropriated such sums as may be necessary for the liquidation of obligations incurred under contract authority created by this ,act or under contract authority provided from the ,highway ,trust ,fund as it existed in any version at any time prior to the effective date of this ,act4 7d7 ,administrative fees ,the collection and expenditure of fees to cover certain administrative costs under this ,act for a fiscal year1 if subject to annual appropriations1 shall be treated as discretionary offsetting collections and discretionary appropriations1 respectively4 ,the collection and expenditure of fees to cover certain administrative costs under this ,act for a fiscal year1 if not subject to annual appropriations1 shall be treated as mandatory offsetting collections and mandatory appropriations1 respectively4 #aajjb4 ,direct or mandatory spending 7a7 ,new contract authority2 outlays ,the contract authority created by this ,act and the outlays flowing from that contract authority shall be treated as direct spending or mandatory spending for all purposes4 7b7 ,prior funding of the highway trust fund ,to the extent that contract authority from the ,highway ,trust ,fund enacted prior to the date of the enactment of this ,act produces outlays in fiscal year #bjae or beyond1 as of ,october #a1 #bjad1 those outlays shall be treated as direct spending or mandatory spending for all purposes and shall be attributed to the ,transportation ,trust ,fund4 #aajjc4 ,treatment for statutory ,,paygo and related purposes 7a7 ,general rule ,except as provided in subsection 7b71 and consistent with the definition of direct spending in section #bej7;c77#h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 as amended 7#b ,u4,s4,c4 #ijj7;c77#h771 the following shall be treated as direct spending for purposes of ,presidential and ,congressional budgets and the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#abd ,stat4 #h73 7#a7 ,contract authority of the ,transportation ,trust ,fund under this ,act1 the outlays flowing therefrom1 and the outlays flowing from contract authority previously provided from the ,highway ,trust ,fund4 7#b7 ,except as provided in section #aajjd1 #aajje1 and #aajjf of this title1 legislation reauthorizing or amending this ,act4 7b7 ,transitional rule2 excess revenues are dedicated to deficit reduction ,for purposes of ,presidential and ,congressional budgets and the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#abd ,stat4 #h71 calculations of the budgetary effects of this ,act when it is initially enacted shall be as follows3 7#a7 ,the baseline projections of total outlays for the ,highway ,trust ,fund and of new outlays for the general fund accounts listed in paragraph 7#b7 shall be treated as offsets to the total level of mandatory outlays of the ,transportation ,trust ,fund resulting from this ,act4 7,a7 ,for this purpose1 new outlays means outlays that flow from contract authority provided by this ,act4 7,b7 ,for this purpose1 the budgetary resources to which the baseline projection shall apply are-- 7i7 the discretionary budget authority provided for fiscal year #bjad1 for the accounts listed in paragraph 7#b72 and 7ii7 the obligation limits for fiscal year #bjad applicable to the ,highway ,trust ,fund1 and shall be projected under section #beg7;c7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 as amended 7#b ,u4,s4,c4 #ijg7;c771 except that contract authority of the ,highway ,trust ,fund not subject to those obligation limits shall be projected under section #beg7;b7 of that ,act4 7#b7 ,the general fund programs referred to in paragraph 7#a7 are-- 7,a7 the general fund portion of ,national ,highway ,traffic ,safety ,administration1 ,operations and ,research 7#fi,x#jfej74 7,b7 ,federal ,transit ,administration1 ,administrative ,expenses 7#fi #aabj74 7,c7 ,federal ,transit ,administration1 ,capital ,investment ,grants 7#fi,x#aacd74 7,d7 ,federal ,transit ,administration1 ,research and ,university ,research ,centers 7#fi,x#aacg74 7,e7 ,federal ,transit ,administration1 ,technical ,assistance and ,standards ,development 7#fi,x#aadb74 7,f7 ,federal ,railroad ,administration1 ,operating ,subsidy ,grants to the ,national ,railroad ,passenger ,corporation 7#fi,x#jaba74 7,g7 ,federal ,railroad ,administration1 ,capital and ,debt ,service ,grants to the ,national ,railroad ,passenger ,corporation 7#fi,x#jabe74 7,h7 ,national ,infrastructure ,investments 7#fi,x#jadc74 7#c7 ,if the increase in net governmental receipts under this ,act1 relative to current law1 exceeds the increase in mandatory outlays under this ,act as measured under paragraph 7#a7 for either or both of the periods covered by the five-year scorecard and the ten-year scorecard established by the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#abd ,stat4 #h71 the amounts of that excess in net governmental receipts shall not be recorded on those respective scorecards1 with the result that this ,act shall not be shown as reducing ,pay-,as-,you-,go deficits or increasing ,pay-,as-,you-,go surpluses4 #aajjd4 ,scoring of changes in contract authority in appropriations ,acts ,consistent with scorekeeping guidelines in effect from #aiij through the enactment of this ,act1 changes enacted in annual appropriations ,acts during a session of ,congress to the level of contract authority provided by this ,act shall be scored as discretionary to the extent they increase or decrease contract authority in the current year or the budget year1 and shall be scored as mandatory or direct spending to the extent they increase or decrease contract authority in an outyear4 ,to the extent any such change in contract authority produces changes in estimated outlays in any year1 that change in outlays shall be scored as discretionary if it is generated by a change in contract authority that is scored as discretionary1 and shall be scored as mandatory if it is generated by a change in contract authority that is scored as mandatory4 #aajje4 ,scoring of changes in obligation limits in appropriations ,acts ,determine in consultation with ,congress4 #aajjf4 ,scoring of transfers between the general fund and the ,transportation ,trust ,fund ,determine in consultation with ,congress4 #aajjg4 ,special rule 7a7 ,in general ,on ,september #cj1 #bjah1 the ,secretary shall permanently cancel1 and return such amounts to the ,treasury1 the contract authority described in subsection 7b74 7b7 ,referenced contract authority ,the contract authority referenced in subsection 7a7 are those amounts apportioned under the ,federal ,aid ,highway program that are available to each ,state for fiscal years #bjae through #bjah1 that are in excess of contract authority provided for fiscal years #bjae through #bjah by section #bjja of this ,act4 7c7 ,cancellation method ,when implementing subsection 7a71 the cancellation shall be taken from unobligated balances that remain from contract authority enacted before the enactment of this ,act4 7d7 ,limited applicability ,this section shall not apply to contract authority provided by this ,act or prior acts that is exempt from obligation limitations4