#aadth ,,congress #ast ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,november #e1 #bjae ,,house ,,amendment ,,to ,,senate ,,amendment3 ,that the ,house agree to the amendment of the ,senate to the title of the bill 7,h4,r4 #bb7 entitled ,an ,act to amend the ,internal ,revenue ,code of #aihf to exempt employees with health coverage under ,,tricare or the ,veterans ,administration from being taken into account for purposes of determining the employers to which the employer mandate applies under the ,patient ,protection and ,affordable ,care ,act4 and be it further ,that the ,house agree to the amendment of the ,senate to the text of the aforementioned bill1 with the following ,in lieu of the matter proposed to be inserted by the amendment of the ,senate to the text of the bill1 insert the following3 ,a ,surface ,transportation #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,division ,a--,surface ,transportation ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,effective date4 ,sec4 #d4 ,references4 ,title ,i--,federal-,aid ,highways ,subtitle ,a--,authorizations and ,programs ,sec4 #aaja4 ,authorization of appropriations4 ,sec4 #aajb4 ,obligation ceiling4 ,sec4 #aajc4 ,definitions4 ,sec4 #aajd4 ,apportionment4 ,sec4 #aaje4 ,national highway performance program4 ,sec4 #aajf4 ,surface transportation block grant program4 ,sec4 #aajg4 ,railway-highway grade crossings4 ,sec4 #aajh4 ,highway safety improvement program4 ,sec4 #aaji4 ,congestion mitigation and air quality improvement program4 ,sec4 #aaaj4 ,national highway freight policy4 ,sec4 #aaaa4 ,nationally significant freight and highway projects4 ,sec4 #aaab4 ,territorial and ,puerto ,rico highway program4 ,sec4 #aaac4 ,federal lands and tribal transportation program4 ,sec4 #aaad4 ,tribal transportation program4 ,sec4 #aaae4 ,federal lands transportation program4 ,sec4 #aaaf4 ,tribal transportation self-governance program4 ,sec4 #aaag4 ,emergency relief4 ,sec4 #aaah4 ,highway use tax evasion projects4 ,sec4 #aaai4 ,bundling of bridge projects4 ,sec4 #aabj4 ,tribal ,high ,priority ,projects program4 ,sec4 #aaba4 ,construction of ferry boats and ferry terminal facilities4 ,subtitle ,b--,planning and ,performance ,management ,sec4 #abja4 ,metropolitan transportation planning4 ,sec4 #abjb4 ,statewide and nonmetropolitan transportation planning4 ,subtitle ,c--,acceleration of ,project ,delivery ,sec4 #acja4 ,satisfaction of requirements for certain historic sites4 ,sec4 #acjb4 ,treatment of improvements to rail and transit under preservation requirements4 ,sec4 #acjc4 ,clarification of transportation environmental authorities4 ,sec4 #acjd4 ,treatment of certain bridges under preservation requirements4 ,sec4 #acje4 ,efficient environmental reviews for project decisionmaking4 ,sec4 #acjf4 ,improving transparency in environmental reviews4 ,sec4 #acjg4 ,integration of planning and environmental review4 ,sec4 #acjh4 ,development of programmatic mitigation plans4 ,sec4 #acji4 ,delegation of authorities4 ,sec4 #acaj4 ,categorical exclusion for projects of limited ,federal assistance4 ,sec4 #acaa4 ,application of categorical exclusions for multimodal projects4 ,sec4 #acab4 ,surface transportation project delivery program4 ,sec4 #acac4 ,program for eliminating duplication of environmental reviews4 ,sec4 #acad4 ,assessment of progress on accelerating project delivery4 ,sec4 #acae4 ,improving ,state and ,federal agency engagement in environmental reviews4 ,sec4 #acaf4 ,accelerated decisionmaking in environmental reviews4 ,sec4 #acag4 ,aligning ,federal environmental reviews4 ,subtitle ,d--,miscellaneous ,sec4 #adja4 ,tolling2 ,,hov facilities2 ,interstate reconstruction and rehabilitation4 ,sec4 #adjb4 ,prohibition on the use of funds for automated traffic enforcement4 ,sec4 #adjc4 ,minimum penalties for repeat offenders for driving while intoxicated or driving under the influence4 ,sec4 #adjd4 ,highway ,trust ,fund transparency and accountability4 ,sec4 #adje4 ,high priority corridors on ,national ,highway ,system4 ,sec4 #adjf4 ,flexibility for projects4 ,sec4 #adjg4 ,productive and timely expenditure of funds4 ,sec4 #adjh4 ,consolidation of programs4 ,sec4 #adji4 ,federal share payable4 ,sec4 #adaj4 ,elimination or modification of certain reporting requirements4 ,sec4 #adaa4 ,technical corrections4 ,sec4 #adab4 ,safety for users4 ,sec4 #adac4 ,design standards4 ,sec4 #adad4 ,reserve fund4 ,sec4 #adae4 ,adjustments4 ,sec4 #adaf4 ,national electric vehicle charging1 hydrogen1 propane1 and natural gas fueling corridors4 ,sec4 #adag4 ,ferries4 ,sec4 #adah4 ,study on performance of bridges4 ,sec4 #adai4 ,relinquishment of park-and-ride lot facilities4 ,sec4 #adbj4 ,pilot program4 ,sec4 #adba4 ,innovative project delivery examples4 ,sec4 #adbb4 ,administrative provisions to encourage pollinator habitat and forage on transportation rights-of-way4 ,sec4 #adbc4 ,milk products4 ,sec4 #adbd4 ,interstate weight limits for emergency vehicles4 ,sec4 #adbe4 ,vehicle weight limitations--,interstate ,system4 ,sec4 #adbf4 ,new national goal1 performance measure1 and performance target4 ,sec4 #adbg4 ,service club1 charitable association1 or religious service signs4 ,sec4 #adbh4 ,work zone and guard rail safety training4 ,sec4 #adbi4 ,motorcyclist advisory council4 ,sec4 #adcj4 ,improvement of data collection on child occupants in vehicle crashes4 ,sec4 #adca4 ,highway work zones4 ,sec4 #adcb4 ,study on ,state procurement of culvert and storm sewer materials4 ,sec4 #adcc4 ,use of durable1 resilient1 and sustainable materials and practices4 ,sec4 #adcd4 ,strategy to address structurally deficient bridges4 ,sec4 #adce4 ,sense of ,congress4 ,sec4 #adcf4 ,identification of roadside highway safety hardware devices4 ,sec4 #adcg4 ,use of modeling and simulation technology4 ,sec4 #adch4 ,national ,advisory ,committee on ,travel and ,tourism ,infrastructure4 ,sec4 #adci4 ,regulation of motor carriers of property4 ,sec4 #addj4 ,emergency exemptions4 ,sec4 #adda4 ,program to assist veterans to acquire commercial driver's licenses4 ,sec4 #addb4 ,operation of certain specialized vehicles on certain highways in the ,state of ,arkansas4 ,sec4 #addc4 ,projects for public safety relating to idling trains4 ,sec4 #addd4 ,exemptions from requirements for certain welding trucks used in pipeline industry4 ,sec4 #adde4 ,waiver4 ,sec4 #addf4 ,federal authority4 ,title ,,ii--,innovative ,project ,finance ,sec4 #bjja4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments4 ,sec4 #bjjb4 ,state infrastructure bank program4 ,sec4 #bjjc4 ,availability payment concession model4 ,sec4 #bjjd4 ,streamlined application process4 ,title ,,iii--,public ,transportation ,sec4 #cjja4 ,short title4 ,sec4 #cjjb4 ,definitions4 ,sec4 #cjjc4 ,metropolitan and statewide transportation planning4 ,sec4 #cjjd4 ,urbanized area formula grants4 ,sec4 #cjje4 ,fixed guideway capital investment grants4 ,sec4 #cjjf4 ,formula grants for enhanced mobility of seniors and individuals with disabilities4 ,sec4 #cjjg4 ,formula grants for rural areas4 ,sec4 #cjjh4 ,public transportation innovation4 ,sec4 #cjji4 ,technical assistance and workforce development4 ,sec4 #cjaj4 ,bicycle facilities4 ,sec4 #cjaa4 ,general provisions4 ,sec4 #cjab4 ,public transportation safety program4 ,sec4 #cjac4 ,apportionments4 ,sec4 #cjad4 ,state of good repair grants4 ,sec4 #cjae4 ,authorizations4 ,sec4 #cjaf4 ,bus and bus facility grants4 ,sec4 #cjag4 ,obligation ceiling4 ,sec4 #cjah4 ,innovative procurement4 ,sec4 #cjai4 ,review of public transportation safety standards4 ,sec4 #cjbj4 ,study on evidentiary protection for public transportation safety program information4 ,sec4 #cjba4 ,mobility of seniors and individuals with disabilities4 ,sec4 #cjbb4 ,improved transit safety measures4 ,sec4 #cjbc4 ,paratransit system under ,,fta approved coordinated plan4 ,sec4 #cjbd4 ,report on potential of ,internet of ,things4 ,sec4 #cjbe4 ,report on parking safety4 ,sec4 #cjbf4 ,appointment of directors of the ,washington ,metropolitan ,area ,transit ,authority4 ,sec4 #cjbg4 ,effectiveness of public transportation changes and funding4 ,sec4 #cjbh4 ,increase support for ,growing ,states4 ,title ,,iv--,highway ,safety ,sec4 #djja4 ,authorization of appropriations4 ,sec4 #djjb4 ,highway safety programs4 ,sec4 #djjc4 ,highway safety research and development4 ,sec4 #djjd4 ,high-visibility enforcement program4 ,sec4 #djje4 ,national priority safety programs4 ,sec4 #djjf4 ,prohibition on funds to check helmet usage or create related checkpoints for a motorcycle driver or passenger4 ,sec4 #djjg4 ,marijuana-impaired driving4 ,sec4 #djjh4 ,national priority safety program grant eligibility4 ,sec4 #djji4 ,data collection4 ,sec4 #djaj4 ,technical corrections4 ,title ,v--,motor ,carrier ,safety ,subtitle ,a--,motor ,carrier ,safety ,grant ,consolidation ,sec4 #eaja4 ,grants to ,states4 ,sec4 #eajb4 ,performance and registration information systems management4 ,sec4 #eajc4 ,authorization of appropriations4 ,sec4 #eajd4 ,commercial driver's license program implementation4 ,sec4 #eaje4 ,extension of ,federal motor carrier safety programs for fiscal year #bjaf4 ,sec4 #eajf4 ,motor carrier safety assistance program allocation4 ,sec4 #eajg4 ,maintenance of effort calculation4 ,subtitle ,b--,federal ,motor ,carrier ,safety ,administration ,reform ,part ,i--,regulatory ,reform ,sec4 #ebja4 ,notice of cancellation of insurance4 ,sec4 #ebjb4 ,regulations4 ,sec4 #ebjc4 ,guidance4 ,sec4 #ebjd4 ,petitions4 ,part ,,ii--,compliance1 ,safety1 ,accountability ,reform ,sec4 #ebba4 ,correlation study4 ,sec4 #ebbb4 ,beyond compliance4 ,sec4 #ebbc4 ,data certification4 ,sec4 #ebbd4 ,interim hiring standard4 ,subtitle ,c--,commercial ,motor ,vehicle ,safety ,sec4 #ecja4 ,implementing safety requirements4 ,sec4 #ecjb4 ,windshield mounted safety technology4 ,sec4 #ecjc4 ,prioritizing statutory rulemakings4 ,sec4 #ecjd4 ,safety reporting system4 ,sec4 #ecje4 ,new entrant safety review program4 ,sec4 #ecjf4 ,ready mixed concrete trucks4 ,subtitle ,d--,commercial ,motor ,vehicle ,drivers ,sec4 #edja4 ,opportunities for veterans4 ,sec4 #edjb4 ,drug-free commercial drivers4 ,sec4 #edjc4 ,certified medical examiners4 ,sec4 #edjd4 ,graduated commercial driver's license pilot program4 ,sec4 #edje4 ,veterans expanded trucking opportunities4 ,subtitle ,e--,general ,provisions ,sec4 #eeja4 ,minimum financial responsibility4 ,sec4 #eejb4 ,delays in goods movement4 ,sec4 #eejc4 ,report on motor carrier financial responsibility4 ,sec4 #eejd4 ,emergency route working group4 ,sec4 #eeje4 ,household goods consumer protection working group4 ,sec4 #eejf4 ,technology improvements4 ,sec4 #eejg4 ,notification regarding motor carrier registration4 ,sec4 #eejh4 ,report on commercial driver's license skills test delays4 ,sec4 #eeji4 ,covered farm vehicles4 ,sec4 #eeaj4 ,operators of hi-rail vehicles4 ,sec4 #eeaa4 ,electronic logging device requirements4 ,sec4 #eeab4 ,technical corrections4 ,sec4 #eeac4 ,automobile transporter4 ,sec4 #eead4 ,ready mix concrete delivery vehicles4 ,sec4 #eeae4 ,safety study regarding double-decker motorcoaches4 ,sec4 #eeaf4 ,transportation of construction materials and equipment4 ,sec4 #eeag4 ,commercial delivery of light- and medium-duty trailers4 ,sec4 #eeah4 ,,gao ,review of school bus safety4 ,title ,,vi--,innovation ,sec4 #fjja4 ,short title4 ,sec4 #fjjb4 ,authorization of appropriations4 ,sec4 #fjjc4 ,advanced transportation and congestion management technologies deployment4 ,sec4 #fjjd4 ,technology and innovation deployment program4 ,sec4 #fjje4 ,intelligent transportation system goals4 ,sec4 #fjjf4 ,intelligent transportation system program report4 ,sec4 #fjjg4 ,intelligent transportation system national architecture and standards4 ,sec4 #fjjh4 ,communication systems deployment report4 ,sec4 #fjji4 ,infrastructure development4 ,sec4 #fjaj4 ,departmental research programs4 ,sec4 #fjaa4 ,research and ,innovative ,technology ,administration4 ,sec4 #fjab4 ,office of ,intermodalism4 ,sec4 #fjac4 ,university transportation centers4 ,sec4 #fjad4 ,bureau of ,transportation ,statistics4 ,sec4 #fjae4 ,surface transportation system funding alternatives4 ,sec4 #fjaf4 ,future interstate study4 ,sec4 #fjag4 ,highway efficiency4 ,sec4 #fjah4 ,motorcycle safety4 ,sec4 #fjai4 ,hazardous materials research and development4 ,sec4 #fjbj4 ,web-based training for emergency responders4 ,sec4 #fjba4 ,transportation technology policy working group4 ,sec4 #fjbb4 ,collaboration and support4 ,sec4 #fjbc4 ,prize competitions4 ,sec4 #fjbd4 ,,gao report4 ,sec4 #fjbe4 ,intelligent transportation system purposes4 ,sec4 #fjbf4 ,infrastructure integrity4 ,sec4 #fjbg4 ,transportation research and development #e-year strategic plan4 ,sec4 #fjbh4 ,traffic congestion4 ,sec4 #fjbi4 ,rail safety4 ,sec4 #fjcj4 ,study and report on reducing the amount of vehicles owned by certain ,federal departments and increasing the use of commercial ride-sharing by those departments4 ,title ,,vii--,hazardous ,materials ,transportation ,sec4 #gjja4 ,short title4 ,sec4 #gjjb4 ,authorization of appropriations4 ,sec4 #gjjc4 ,national emergency and disaster response4 ,sec4 #gjjd4 ,enhanced reporting4 ,sec4 #gjje4 ,wetlines4 ,sec4 #gjjf4 ,improving publication of special permits and approvals4 ,sec4 #gjjg4 ,,gao study on acceptance of classification examinations4 ,sec4 #gjjh4 ,improving the effectiveness of planning and training grants4 ,sec4 #gjji4 ,motor carrier safety permits4 ,sec4 #gjaj4 ,thermal blankets4 ,sec4 #gjaa4 ,comprehensive oil spill response plans4 ,sec4 #gjab4 ,information on high-hazard flammable trains4 ,sec4 #gjac4 ,study and testing of electronically controlled pneumatic brakes4 ,sec4 #gjad4 ,study on the efficacy and implementation of the ,european ,train ,control ,system4 ,sec4 #gjae4 ,phase-out of all tank cars used to transport ,class #c flammable liquids4 ,sec4 #gjaf4 ,track safety3 ,vertical ,track ,deflection4 ,sec4 #gjag4 ,minimum requirements for top fittings protection for class ,,dot-#aag,r tank cars4 ,sec4 #gjah4 ,hazardous materials endorsement exemption4 ,sec4 #gjai4 ,hazardous materials by rail liability study4 ,title ,,viii--,multimodal ,freight ,transportation ,sec4 #hjja4 ,multimodal freight transportation4 ,title ,,ix--,national ,surface ,transportation and ,innovative ,finance ,bureau ,sec4 #ijja4 ,national ,surface ,transportation and ,innovative ,finance ,bureau4 ,sec4 #ijjb4 ,council on ,credit and ,finance4 ,title ,x--,sport ,fish ,restoration and ,recreational ,boating ,safety ,sec4 #ajjja4 ,allocations4 ,sec4 #ajjjb4 ,recreational boating safety4 ,division ,b--,comprehensive ,transportation and ,consumer ,protection ,act of #bjae ,title ,,xxiv--,highway and motor vehicle safety ,subtitle ,a--,vehicle safety ,sec4 #bdaja4 ,authorization of appropriations4 ,sec4 #bdajb4 ,inspector ,general recommendations4 ,sec4 #bdajc4 ,improvements in availability of recall information4 ,sec4 #bdajd4 ,recall process4 ,sec4 #bdaje4 ,pilot grant program for ,state notification to consumers of motor vehicle recall status4 ,sec4 #bdajf4 ,recall obligations under bankruptcy4 ,sec4 #bdajg4 ,dealer requirement to check for open recall4 ,sec4 #bdajh4 ,extension of time period for remedy of tire defects4 ,sec4 #bdaji4 ,rental car safety4 ,sec4 #bdaaj4 ,increase in civil penalties for violations of motor vehicle safety4 ,sec4 #bdaaa4 ,electronic odometer disclosures4 ,sec4 #bdaab4 ,corporate responsibility for ,,nhtsa reports4 ,sec4 #bdaac4 ,direct vehicle notification of recalls4 ,sec4 #bdaad4 ,unattended children warning4 ,sec4 #bdaae4 ,tire pressure monitoring system4 ,sec4 #bdaaf4 ,availability of certain information on motor vehicle equipment4 ,subtitle ,b--,research and development and vehicle electronics ,sec4 #bdbja4 ,report on operations of the ,council for ,vehicle ,electronics1 ,vehicle ,software1 and ,emerging ,technologies4 ,sec4 #bdbjb4 ,cooperation with foreign governments4 ,subtitle ,c--,miscellaneous provisions ,part ,i--,driver ,privacy ,act of #bjae ,sec4 #bdcja4 ,short title4 ,sec4 #bdcjb4 ,limitations on data retrieval from vehicle event data recorders4 ,sec4 #bdcjc4 ,vehicle event data recorder study4 ,part ,,ii--,safety ,through ,informed ,consumers ,act of #bjae ,sec4 #bdcba4 ,short title4 ,sec4 #bdcbb4 ,passenger motor vehicle information4 ,part ,,iii--,tire ,efficiency1 ,safety1 and ,registration ,act of #bjae ,sec4 #bdcca4 ,short title4 ,sec4 #bdccb4 ,tire fuel efficiency minimum performance standards4 ,sec4 #bdccc4 ,tire registration by independent sellers4 ,sec4 #bdccd4 ,tire recall database4 ,part ,,iv--,alternative ,fuel ,vehicles ,sec4 #bdcda4 ,regulation parity for electric and natural gas vehicles4 ,subtitle ,d--,additional ,motor ,vehicle ,provisions ,sec4 #bddja4 ,required reporting of ,,nhtsa agenda4 ,sec4 #bddjb4 ,application of remedies for defects and noncompliance4 ,sec4 #bddjc4 ,retention of safety records by manufacturers4 ,sec4 #bddjd4 ,nonapplication of prohibitions relating to noncomplying motor vehicles to vehicles used for testing or evaluation4 ,sec4 #bddje4 ,treatment of low-volume manufacturers4 ,sec4 #bddjf4 ,no liability on the basis of ,,nhtsa motor vehicle safety guidelines4 ,division ,c--,finance ,sec4 #cjjja4 ,short title4 ,title ,,xxxi--,highway trust fund and related taxes ,subtitle ,a--,extension of trust fund expenditure authority and related taxes ,sec4 #caaja4 ,extension of trust fund expenditure authority4 ,sec4 #caajb4 ,extension of highway-related taxes4 ,subtitle ,b--,additional transfers to ,highway ,trust ,fund ,sec4 #cabja4 ,further additional transfers to trust fund4 ,sec4 #cabjb4 ,transfer to ,highway ,trust ,fund of certain motor vehicle safety penalties4 ,sec4 #cabjc4 ,appropriation from ,leaking ,underground ,storage ,tank ,trust ,fund4 ,title ,,xxxii--,offsets ,subtitle ,a--,tax provisions ,sec4 #cbaja4 ,revocation or denial of passport in case of certain unpaid taxes4 ,sec4 #cbajb4 ,reform of rules relating to qualified tax collection contracts4 ,sec4 #cbajc4 ,special compliance personnel program4 ,subtitle ,b--,fees and receipts ,sec4 #cbbja4 ,adjustment for inflation of fees for certain customs services4 ,sec4 #cbbjb4 ,elimination of surplus funds of ,federal reserve banks4 ,sec4 #cbbjc4 ,strategic ,petroleum ,reserve drawdown and sale4 ,subtitle ,c--,outlays ,sec4 #cbcja4 ,interest on overpayment4 ,division ,d--,miscellaneous ,title ,,xli--,federal ,permitting ,improvement ,sec4 #dajja4 ,definitions4 ,sec4 #dajjb4 ,federal ,permitting ,improvement ,council4 ,sec4 #dajjc4 ,permitting process improvement4 ,sec4 #dajjd4 ,interstate compacts4 ,sec4 #dajje4 ,coordination of required reviews4 ,sec4 #dajjf4 ,delegated ,state permitting programs4 ,sec4 #dajjg4 ,litigation1 judicial review1 and savings provision4 ,sec4 #dajjh4 ,report to ,congress4 ,sec4 #dajji4 ,funding for governance1 oversight1 and processing of environmental reviews and permits4 ,sec4 #dajaj4 ,application4 ,sec4 #dajaa4 ,,gao ,report4 ,title ,,xlii--,additional provisions ,sec4 #dbjja4 ,determination of certain spending and tax burdens by ,state4 ,sec4 #dbjjb4 ,,gao report on refunds to registered vendors of kerosene used in noncommercial aviation4 ,title ,,xliii--,requirements regarding rule makings ,sec4 #dcjja4 ,requirements regarding rule makings4 ,division ,e--,export-,import ,bank of the ,united ,states ,sec4 #ejjja4 ,short title4 ,title ,,li--,taxpayer protection provisions and increased accountability ,sec4 #eajja4 ,reduction in authorized amount of outstanding loans1 guarantees1 and insurance4 ,sec4 #eajjb4 ,increase in loss reserves4 ,sec4 #eajjc4 ,review of fraud controls4 ,sec4 #eajjd4 ,office of ,ethics4 ,sec4 #eajje4 ,chief ,risk ,officer4 ,sec4 #eajjf4 ,risk ,management ,committee4 ,sec4 #eajjg4 ,independent audit of bank portfolio4 ,sec4 #eajjh4 ,pilot program for reinsurance4 ,title ,,lii--,promotion of small business exports ,sec4 #ebjja4 ,increase in small business lending requirements4 ,sec4 #ebjjb4 ,report on programs for small and medium-sized businesses4 ,title ,,liii--,modernization of operations ,sec4 #ecjja4 ,electronic payments and documents4 ,sec4 #ecjjb4 ,reauthorization of information technology updating4 ,title ,,liv--,general provisions ,sec4 #edjja4 ,extension of authority4 ,sec4 #edjjb4 ,certain updated loan terms and amounts4 ,title ,,lv--,other matters ,sec4 #eejja4 ,prohibition on discrimination based on industry4 ,sec4 #eejjb4 ,negotiations to end export credit financing4 ,sec4 #eejjc4 ,study of financing for information and communications technology systems4 ,division ,f--,energy ,security ,sec4 #fajja4 ,emergency preparedness for energy supply disruptions4 ,sec4 #fajjb4 ,resolving environmental and grid reliability conflicts4 ,sec4 #fajjc4 ,critical electric infrastructure security4 ,sec4 #fajjd4 ,strategic ,transformer ,reserve4 ,sec4 #fajje4 ,energy security valuation4 ,division ,g--,financial ,services ,title ,,lxxi--,improving ,access to ,capital for ,emerging ,growth ,companies ,sec4 #gajja4 ,filing requirement for public filing prior to public offering4 ,sec4 #gajjb4 ,grace period for change of status of emerging growth companies4 ,sec4 #gajjc4 ,simplified disclosure requirements for emerging growth companies4 ,title ,,lxxii--,disclosure ,modernization and ,simplification ,sec4 #gbjja4 ,summary page for form #aj-,k4 ,sec4 #gbjjb4 ,improvement of regulation ,s-,k4 ,sec4 #gbjjc4 ,study on modernization and simplification of regulation ,s-,k4 ,title ,,lxxiii--,bullion and ,collectible ,coin ,production ,efficiency and ,cost ,savings ,sec4 #gcjja4 ,technical corrections4 ,sec4 #gcjjb4 ,american ,eagle ,silver ,bullion #cjth ,anniversary4 ,title ,,lxxiv--,,sbic ,advisers ,relief ,sec4 #gdjja4 ,advisers of ,s,b,i,cs and venture capital funds4 ,sec4 #gdjjb4 ,advisers of ,s,b,i,cs and private funds4 ,sec4 #gdjjc4 ,relationship to ,state law4 ,title ,,lxxv--,eliminate ,privacy ,notice ,confusion ,sec4 #gejja4 ,exception to annual privacy notice requirement under the ,gramm-,leach-,bliley ,act4 ,title ,,lxxvi--,reforming ,access for ,investments in ,startup ,enterprises ,sec4 #gfjja4 ,exempted transactions4 ,title ,,lxxvii--,preservation ,enhancement and ,savings ,opportunity ,sec4 #ggjja4 ,distributions and residual receipts4 ,sec4 #ggjjb4 ,future refinancings4 ,sec4 #ggjjc4 ,implementation4 ,title ,,lxxviii--,tenant ,income ,verification ,relief ,sec4 #ghjja4 ,reviews of family incomes4 ,title ,,lxxix--,housing ,assistance ,efficiency ,sec4 #gijja4 ,authority to administer rental assistance4 ,sec4 #gijjb4 ,reallocation of funds4 ,title ,,lxxx--,child ,support ,assistance ,sec4 #hjjja4 ,requests for consumer reports by ,state or local child support enforcement agencies4 ,title ,,lxxxi--,private ,investment in ,housing ,sec4 #hajja4 ,budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units4 ,title ,,lxxxii--,capital ,access for ,small ,community ,financial ,institutions ,sec4 #hbjja4 ,privately insured credit unions authorized to become members of a ,federal home loan bank4 ,sec4 #hbjjb4 ,,gao ,report4 ,title ,,lxxxiii--,small ,bank ,exam ,cycle ,reform ,sec4 #hcjja4 ,smaller institutions qualifying for #ah-month examination cycle4 ,title ,,lxxxiv--,small ,company ,simple ,registration ,sec4 #hdjja4 ,forward incorporation by reference for ,form ,s-#a4 ,title ,,lxxxv--,holding ,company ,registration ,threshold ,equalization ,sec4 #hejja4 ,registration threshold for savings and loan holding companies4 #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 including the amendments made by this ,act1 takes effect on ,october #a1 #bjae4 #d4 ,references ,except as expressly provided otherwise1 any reference to this ,act contained in this division shall be treated as referring only to the provisions of this division4 ,i ,federal-,aid ,highways ,a ,authorizations and ,programs #aaja4 ,authorization of appropriations 7a7 ,in general ,the following sums are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,federal-aid highway program ,for the national highway performance program under section #aai of title #bc1 ,united ,states ,code1 the surface transportation block grant program under section #acc of that title1 the highway safety improvement program under section #adh of that title1 the congestion mitigation and air quality improvement program under section #adi of that title1 and to carry out section #acd of that title-- 7,a7 #ch1dai1ejj1jjj for fiscal year #bjaf2 7,b7 #ci1aac1ejj1jjj for fiscal year #bjag2 7,c7 #ci1ibg1ejj1jjj for fiscal year #bjah2 7,d7 #dj1gfd1jjj1jjj for fiscal year #bjai2 7,e7 #da1fbc1jjj1jjj for fiscal year #bjbj2 and 7,f7 #db1dhc1jjj1jjj for fiscal year #bjba4 7#b7 ,transportation infrastructure finance and innovation program ,for credit assistance under the transportation infrastructure finance and innovation program under chapter #f of title #bc1 ,united ,states ,code1 #bjj1jjj1jjj for each of fiscal years #bjaf through #bjba4 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 #dfe1jjj1jjj for fiscal year #bjaf2 7ii7 #dge1jjj1jjj for fiscal year #bjag2 7iii7 #dhe1jjj1jjj for fiscal year #bjah2 7iv7 #dij1jjj1jjj for fiscal year #bjai2 7v7 #die1jjj1jjj for fiscal year #bjbj2 and 7vi7 #ejj1jjj1jjj for fiscal year #bjba4 7,b7 ,federal lands transportation program 7i7 ,in general ,for the ,federal lands transportation program under section #bjc of title #bc1 ,united ,states ,code-- 7,i7 #cbe1jjj1jjj for fiscal year #bjaf2 7,,ii7 #cce1jjj1jjj for fiscal year #bjag2 7,,iii7 #cde1jjj1jjj for fiscal year #bjah2 7,,iv7 #cej1jjj1jjj for fiscal year #bjai2 7,v7 #cge1jjj1jjj for fiscal year #bjbj2 and 7,,vi7 #djj1jjj1jjj for fiscal year #bjba4 7ii7 ,allocation ,of the amount made available for a fiscal year under clause 7i7-- 7,i7 the amount for the ,national ,park ,service is-- 7aa7 #bfj1jjj1jjj for fiscal year #bjaf2 7bb7 #bfh1jjj1jjj for fiscal year #bjag2 7cc7 #bgf1jjj1jjj for fiscal year #bjah2 7dd7 #bhj1jjj1jjj for fiscal year #bjai2 7ee7 #cjj1jjj1jjj for fiscal year #bjbj2 and 7ff7 #cbj1jjj1jjj for fiscal year #bjba2 7,,ii7 the amount for the ,united ,states ,fish and ,wildlife ,service is #cj1jjj1jjj for each of fiscal years #bjaf through #bjba2 and 7,,iii7 the amount for the ,united ,states ,forest ,service is-- 7aa7 #ae1jjj1jjj for fiscal year #bjaf2 7bb7 #af1jjj1jjj for fiscal year #bjag2 7cc7 #ag1jjj1jjj for fiscal year #bjah2 7dd7 #ah1jjj1jjj for fiscal year #bjai2 7ee7 #ai1jjj1jjj for fiscal year #bjbj2 and 7ff7 #bj1jjj1jjj for fiscal year #bjba4 7,c7 ,federal lands access program ,for the ,federal lands access program under section #bjd of title #bc1 ,united ,states ,code-- 7i7 #bej1jjj1jjj for fiscal year #bjaf2 7ii7 #bee1jjj1jjj for fiscal year #bjag2 7iii7 #bfj1jjj1jjj for fiscal year #bjah2 7iv7 #bfe1jjj1jjj for fiscal year #bjai2 7v7 #bgj1jjj1jjj for fiscal year #bjbj2 and 7vi7 #bge1jjj1jjj for fiscal year #bjba4 7#d7 ,territorial and ,puerto ,rico highway program ,for the territorial and ,puerto ,rico highway program under section #afe of title #bc1 ,united ,states ,code1 #bjj1jjj1jjj for each of fiscal years #bjaf through #bjba4 7#e7 ,nationally significant freight and highway projects ,for nationally significant freight and highway projects under section #aag of title #bc1 ,united ,states ,code-- 7,a7 #gbe1jjj1jjj for fiscal year #bjaf2 7,b7 #gce1jjj1jjj for fiscal year #bjag2 and 7,c7 #gej1jjj1jjj for each of fiscal years #bjah through #bjba4 7b7 ,disadvantaged business enterprises 7#a7 ,findings ,congress finds that-- 7,a7 while significant progress has occurred due to the establishment of the disadvantaged business enterprise program1 discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally assisted surface transportation markets across the ,united ,states2 7,b7 the continuing barriers described in subparagraph 7,a7 merit the continuation of the disadvantaged business enterprise program2 7,c7 ,congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources1 including congressional hearings and roundtables1 scientific reports1 reports issued by public and private agencies1 news stories1 reports of discrimination by organizations and individuals1 and discrimination lawsuits1 which show that race- and gender-neutral efforts alone are insufficient to address the problem2 7,d7 the testimony and documentation described in subparagraph 7,c7 demonstrate that discrimination across the ,united ,states poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets2 and 7,e7 the testimony and documentation described in subparagraph 7,c7 provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business4 7#b7 ,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 7as the term is used in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 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 #bc1ihj1jjj1 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#c7 ,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 ,i1 ,,ii1 ,,iii1 and ,,vi 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#d7 ,annual listing of disadvantaged business enterprises ,each ,state shall annually-- 7,a7 survey and compile a list of the small business concerns referred to in paragraph 7#c7 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#e7 ,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#f7 ,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#g7 ,compliance with court orders ,nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles ,i1 ,,ii1 ,,iii1 and ,,vi 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#c7 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of paragraph 7#c7 is unconstitutional4 7#h7 ,sense of ,congress on prompt payment of ,,dbe subcontractors ,it is the sense of ,congress that-- 7,a7 the ,secretary should take additional steps to ensure that recipients comply with section #bf4bi of title #di1 ,code of ,federal ,regulations 7the disadvantaged business enterprises prompt payment rule71 or any corresponding regulation1 in awarding federally funded transportation contracts under laws and regulations administered by the ,secretary2 and 7,b7 such additional steps should include increasing the ,department's ability to track and keep records of complaints and to make that information publicly available4 #aajb4 ,obligation ceiling 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 #dj1hfg1jjj1jjj for fiscal year #bjaf2 7#b7 #da1eii1jjj1jjj for fiscal year #bjag2 7#c7 #db1dec1jjj1jjj for fiscal year #bjah2 7#d7 #dc1cjg1jjj1jjj for fiscal year #bjai2 7#e7 #dd1bja1jjj1jjj for fiscal year #bjbj2 and 7#f7 #de1jif1jjj1jjj for fiscal year #bjba4 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 7as in effect for fiscal years #bjje through #bjab1 but 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 7#ab7 section #aai of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjac through #bjae1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 and 7#ac7 section #aai of title #bc1 ,united ,states ,code 7but1 for fiscal years #bjaf through #bjba1 only in an amount equal to #fci1jjj1jjj for each of those fiscal years74 7c7 ,distribution of obligation authority ,for each of fiscal years #bjaf through #bjba1 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 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 section #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#ab7 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#ac7 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#ac7 and the amounts apportioned under sections #bjb and #bjd of that title7 in the proportion that-- 7,a7 amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 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 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 #bjaf through #bjba-- 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 ,,map-#ba 7,public ,law #aab-ada77 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 ,,vi 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 #bjaf through #bjba1 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 #aajc4 ,definitions ,section #aja7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#bi72 7#b7 by redesignating paragraphs 7#ae7 through 7#bh7 as paragraphs 7#af7 through 7#bi71 respectively2 and 7#c7 by inserting after paragraph 7#ad7 the following3 7#ae7 ,national ,highway ,freight ,network ,the term ,national ,highway ,freight ,network means the ,national ,highway ,freight ,network established under section #afg4 4 #aajd4 ,apportionment 7a7 ,administrative expenses ,section #ajd7;a77#a7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#a7 ,in general ,there is authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 to be made available to the ,secretary for administrative expenses of the ,federal ,highway ,administration #ddj1jjj1jjj for each of fiscal years #bjaf through #bjba4 4 7b7 ,division among programs of ,state's share of base apportionment ,section #ajd7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading by striking ,division of ,state ,apportionments ,among ,programs and inserting ,division ,among ,programs of ,state's ,share of ,base ,apportionment2 7#b7 in the matter preceding paragraph 7#a7-- 7,a7 by inserting of the base apportionment after the amount2 and 7,b7 by striking surface transportation program and inserting surface transportation block grant program2 7#c7 in paragraph 7#b7-- 7,a7 in the paragraph heading by striking ,surface transportation program and inserting ,surface transportation block grant program2 and 7,b7 by striking surface transportation program and inserting surface transportation block grant program2 and 7#d7 in each of paragraphs 7#d7 and 7#e71 in the matter preceding subparagraph 7,a71 by inserting of the base apportionment after the amount4 7c7 ,calculation of ,state amounts ,section #ajd7;c7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7c7 ,calculation of amounts 7#a7 ,state share ,for each of fiscal years #bjaf through #bjba1 the amount for each ,state shall be determined as follows3 7,a7 ,initial amounts ,the initial amounts for each ,state shall be determined by multiplying-- 7i7 each of-- 7,i7 the base apportionment2 7,,ii7 supplemental funds reserved under subsection 7h77#a7 for the national highway performance program2 and 7,,iii7 supplemental funds reserved under subsection 7h77#b7 for the surface transportation block grant program2 by 7ii7 the share for each ,state1 which shall be equal to the proportion that-- 7,i7 the amount of apportionments that the ,state received for fiscal year #bjae2 bears to 7,,ii7 the amount of those apportionments received by all ,states for that fiscal year4 7,b7 ,adjustments to amounts ,the initial amounts resulting from the calculation under subparagraph 7,a7 shall be adjusted to ensure that each ,state receives an aggregate apportionment equal to at least #ie percent of the estimated tax payments attributable to highway users in the ,state paid into the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 in the most recent fiscal year for which data are available4 7#b7 ,state apportionment ,on ,october #a of fiscal years #bjaf through #bjba1 the ,secretary shall apportion the sums authorized to be appropriated for expenditure on the national highway performance program under section #aai1 the surface transportation block grant program under section #acc1 the highway safety improvement program under section #adh1 the congestion mitigation and air quality improvement program under section #adi1 and to carry out section #acd in accordance with paragraph 7#a74 4 7d7 ,supplemental funds ,section #ajd of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7h7 ,supplemental funds 7#a7 ,supplemental funds for national highway performance program 7,a7 ,amount ,before making an apportionment for a fiscal year under subsection 7c71 the ,secretary shall reserve for the national highway performance program under section #aai for that fiscal year an amount equal to-- 7i7 #ec1eif1abb for fiscal year #bjai2 7ii7 #ff1gag1haf for fiscal year #bjbj2 and 7iii7 #gi1hdg1cig for fiscal year #bjba4 7,b7 ,treatment of funds ,funds reserved under subparagraph 7,a7 and apportioned to a ,state under subsection 7c7 shall be treated as if apportioned under subsection 7b77#a71 and shall be in addition to amounts apportioned under that subsection4 7#b7 ,supplemental funds for surface transportation block grant program 7,a7 ,amount ,before making an apportionment for a fiscal year under subsection 7c71 the ,secretary shall reserve for the surface transportation block grant program under section #acc for that fiscal year an amount equal to #hai1ijj1jjj pursuant to section #acc7;h71 plus-- 7i7 #gj1ebf1caj for fiscal year #bjaf2 7ii7 #ajd1chi1ijd for fiscal year #bjag2 7iii7 #adh1aac1ecf for fiscal year #bjah2 7iv7 #afj1ghh1cfg for fiscal year #bjai2 7v7 #bjj1aec1ddh for fiscal year #bjbj2 and 7vi7 #bci1edb1aia for fiscal year #bjba4 7,b7 ,treatment of funds ,funds reserved under subparagraph 7,a7 and apportioned to a ,state under subsection 7c7 shall be treated as if apportioned under subsection 7b77#b71 and shall be in addition to amounts apportioned under that subsection4 7i7 ,base apportionment defined ,in this section1 the term base apportionment means-- 7#a7 the combined amount authorized for appropriation for the national highway performance program under section #aai1 the surface transportation block grant program under section #acc1 the highway safety improvement program under section #adh1 the congestion mitigation and air quality improvement program under section #adi1 and to carry out section #acd2 minus 7#b7 supplemental funds reserved under subsection 7h7 for the national highway performance program and the surface transportation block grant program4 4 #aaje4 ,national highway performance program ,section #aai of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#g7-- 7,a7 by striking this paragraph and inserting section #aej7;e72 and 7,b7 by inserting under section #aej7;e7 after the next report submitted2 and 7#b7 by adding at the end the following3 7h7 ,,tifia program ,upon ,secretarial approval of credit assistance under chapter #f1 the ,secretary1 at the request of a ,state1 may allow the ,state to use funds apportioned under section #ajd7;b77#a7 to pay subsidy and administrative costs necessary to provide an eligible entity ,federal credit assistance under chapter #f with respect to a project eligible for assistance under this section4 7i7 ,additional funding eligibility for certain bridges 7#a7 ,in general ,funds apportioned to a ,state to carry out the national highway performance program may be obligated for a project for the reconstruction1 resurfacing1 restoration1 rehabilitation1 or preservation of a bridge not on the ,national ,highway ,system1 if the bridge is on a ,federal-aid highway4 7#b7 ,limitation ,a ,state required to make obligations under subsection 7f7 shall ensure such requirements are satisfied in order to use the flexibility under paragraph 7#a74 4 #aajf4 ,surface transportation block grant program 7a7 ,findings ,congress finds that-- 7#a7 the benefits of the surface transportation block grant program accrue principally to the residents of each ,state and municipality where the funds are obligated2 7#b7 decisions about how funds should be obligated are best determined by the ,states and municipalities to respond to unique local circumstances and implement the most efficient solutions2 and 7#c7 reforms of the program to promote flexibility will enhance ,state and local control over transportation decisions4 7b7 ,surface transportation block grant program ,section #acc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsections 7a71 7b71 7c71 and 7d7 and inserting the following3 7a7 ,establishment ,the ,secretary shall establish a surface transportation block grant program in accordance with this section to provide flexible funding to address ,state and local transportation needs4 7b7 ,eligible projects ,funds apportioned to a ,state under section #ajd7;b77#b7 for the surface transportation block grant program may be obligated for the following3 7#a7 ,construction of-- 7,a7 highways1 bridges1 tunnels1 including designated routes of the ,appalachian development highway system and local access roads under section #adeja of title #dj2 7,b7 ferry boats and terminal facilities eligible for funding under section #abi7;c72 7,c7 transit capital projects eligible for assistance under chapter #ec of title #di2 7,d7 infrastructure-based intelligent transportation systems capital improvements2 7,e7 truck parking facilities eligible for funding under section #adja of ,,map-#ba 7#bc ,u4,s4,c4 #acg note72 and 7,f7 border infrastructure projects eligible for funding under section #acjc of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aja note74 7#b7 ,operational improvements and capital and operating costs for traffic monitoring1 management1 and control facilities and programs4 7#c7 ,environmental measures eligible under sections #aai7;g71 #cbh1 and #cbi and transportation control measures listed in section #ajh7;f77#a77;,a7 7other than clause 7xvi7 of that section7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjh7;f77#a77;,a774 7#d7 ,highway and transit safety infrastructure improvements and programs1 including railway-highway grade crossings4 7#e7 ,fringe and corridor parking facilities and programs in accordance with section #acg and carpool projects in accordance with section #adf4 7#f7 ,recreational trails projects eligible for funding under section #bjf1 pedestrian and bicycle projects in accordance with section #bag 7including modifications to comply with accessibility requirements under the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq4771 and the safe routes to school program under section #adjd of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note74 7#g7 ,planning1 design1 or construction of boulevards and other roadways largely in the right-of-way of former ,interstate ,system routes or other divided highways4 7#h7 ,development and implementation of a ,state asset management plan for the ,national ,highway ,system and a performance-based management program for other public roads4 7#i7 ,protection 7including painting1 scour countermeasures1 seismic retrofits1 impact protection measures1 security countermeasures1 and protection against extreme events7 for bridges 7including approaches to bridges and other elevated structures7 and tunnels on public roads1 and inspection and evaluation of bridges and tunnels and other highway assets4 7#aj7 ,surface transportation planning programs1 highway and transit research and development and technology transfer programs1 and workforce development1 training1 and education under chapter #e of this title4 7#aa7 ,surface transportation infrastructure modifications to facilitate direct intermodal interchange1 transfer1 and access into and out of a port terminal4 7#ab7 ,projects and strategies designed to support congestion pricing1 including electronic toll collection and travel demand management strategies and programs4 7#ac7 ,at the request of a ,state1 and upon ,secretarial approval of credit assistance under chapter #f1 subsidy and administrative costs necessary to provide an eligible entity ,federal credit assistance under chapter #f with respect to a project eligible for assistance under this section4 7#ad7 ,the creation and operation by a ,state of an office to assist in the design1 implementation1 and oversight of public-private partnerships eligible to receive funding under this title and chapter #ec of title #di1 and the payment of a stipend to unsuccessful private bidders to offset their proposal development costs1 if necessary to encourage robust competition in public-private partnership procurements4 7#ae7 ,any type of project eligible under this section as in effect on the day before the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae1 including projects described under section #aja7;a77#bi7 as in effect on such day4 7c7 ,location of projects ,a surface transportation block grant project may not be undertaken on a road functionally classified as a local road or a rural minor collector unless the road was on a ,federal-aid highway system on ,january #a1 #aiia1 except-- 7#a7 for a bridge or tunnel project 7other than the construction of a new bridge or tunnel at a new location72 7#b7 for a project described in paragraphs 7#d7 through 7#aa7 of subsection 7b72 7#c7 for a project described in section #aja7;a77#bi71 as in effect on the day before the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae2 and 7#d7 as approved by the ,secretary4 7d7 ,allocations of apportioned funds to areas based on population 7#a7 ,calculation ,of the funds apportioned to a ,state under section #ajd7;b77#b7 7after the reservation of funds under subsection 7h77-- 7,a7 the percentage specified in paragraph 7#f7 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 of over #bjj1jjj2 7ii7 in areas of the ,state other than urban areas with a population greater than #e1jjj2 and 7iii7 in other areas of the ,state2 and 7,b7 the remainder may be obligated in any area of the ,state4 7#b7 ,metropolitan areas ,funds attributed to an urbanized area under paragraph 7#a77;,a77i7 may be obligated in the metropolitan area established under section #acd that encompasses the urbanized area4 7#c7 ,consultation with regional transportation planning organizations ,for purposes of paragraph 7#a77;,a77iii71 before obligating funding attributed to an area with a population greater than #e1jjj and less than #bjj1jjj1 a ,state shall consult with the regional transportation planning organizations that represent the area1 if any4 7#d7 ,distribution among urbanized areas of over #bjj1jjj population 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amount of funds that a ,state is required to obligate under paragraph 7#a77;,a77i7 shall be obligated in urbanized areas described in paragraph 7#a77;,a77i7 based on the relative population of the areas4 7,b7 ,other factors ,the ,state may obligate the funds described in subparagraph 7,a7 based on other factors if the ,state and the relevant metropolitan planning organizations jointly apply to the ,secretary for the permission to base the obligation on other factors and the ,secretary grants the request4 7#e7 ,applicability of planning requirements ,programming and expenditure of funds for projects under this section shall be consistent with sections #acd and #ace4 7#f7 ,percentage ,the percentage referred to in paragraph 7#a77;,a7 is-- 7,a7 for fiscal year #bjaf1 #ea percent2 7,b7 for fiscal year #bjag1 #eb percent2 7,c7 for fiscal year #bjah1 #ec percent2 7,d7 for fiscal year #bjai1 #ed percent2 7,e7 for fiscal year #bjbj1 #ee percent2 and 7,f7 for fiscal year #bjba1 #ee percent4 2 7#b7 by striking the section heading and inserting ,surface transportation block grant program2 7#c7 by striking subsection 7e72 7#d7 by redesignating subsections 7f7 through 7h7 as subsections 7e7 through 7g71 respectively2 7#e7 in subsection 7e77#a71 as redesignated by this subsection-- 7,a7 by striking #ajd7;b77#c7 and inserting #ajd7;b77#b72 and 7,b7 by striking fiscal years #bjaa through #bjad and inserting fiscal years #bjaf through #bjba2 7#f7 in subsection 7g77#a71 as redesignated by this subsection1 by striking under subsection 7d77#a77;,a77iii7 for each of fiscal years #bjac through #bjad and inserting under subsection 7d77#a77;,a77ii7 for each of fiscal years #bjaf through #bjba2 and 7#g7 by adding at the end the following3 7h7 ,,stp ,set-,aside 7#a7 ,reservation of funds ,of the funds apportioned to a ,state under section #ajd7;b77#b7 for each fiscal year1 the ,secretary shall reserve an amount such that-- 7,a7 the ,secretary reserves a total of #hai1ijj1jjj under this subsection2 and 7,b7 the ,state's share of that total is determined by multiplying the amount under subparagraph 7,a7 by the ratio that-- 7i7 the amount apportioned to the ,state for the transportation enhancements program for fiscal year #bjji under section #acc7;d77#b71 as in effect on the day before the date of enactment of ,,map-#ba2 bears to 7ii7 the total amount of funds apportioned to all ,states for the transportation enhancements program for fiscal year #bjji4 7#b7 ,allocation within a state ,funds reserved for a ,state under paragraph 7#a7 shall be obligated within that ,state in the manner described in subsection 7d71 except that1 for purposes of this paragraph 7after funds are made available under paragraph 7#e77-- 7,a7 for each fiscal year1 the percentage referred to in paragraph 7#a77;,a7 of that subsection shall be deemed to be #ej percent2 and 7,b7 the following provisions shall not apply3 7i7 ,paragraph 7#c7 of subsection 7d74 7ii7 ,subsection 7e74 7#c7 ,eligible projects ,funds reserved under this subsection may be obligated for projects or activities described in section #aja7;a77#bi7 or #bac1 as such provisions were in effect on the day before the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae4 7#d7 ,access to funds 7,a7 ,in general ,a ,state or metropolitan planning organization required to obligate funds in accordance with paragraph 7#b7 shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection4 ,a metropolitan planning organization for an area described in subsection 7d77#a77;,a77i7 shall select projects under such process in consultation with the relevant ,state4 7,b7 ,eligible entity defined ,in this paragraph1 the term eligible entity means-- 7i7 a local government2 7ii7 a regional transportation authority2 7iii7 a transit agency2 7iv7 a natural resource or public land agency2 7v7 a school district1 local education agency1 or school2 7vi7 a tribal government2 and 7vii7 any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails 7other than a metropolitan planning organization or a ,state agency7 that the ,state determines to be eligible1 consistent with the goals of this subsection4 7#e7 ,continuation of certain recreational trails projects ,for each fiscal year1 a ,state shall-- 7,a7 obligate an amount of funds reserved under this section equal to the amount of the funds apportioned to the ,state for fiscal year #bjji under section #ajd7;h77#b71 as in effect on the day before the date of enactment of ,,map-#ba1 for projects relating to recreational trails under section #bjf2 7,b7 return #a percent of those funds to the ,secretary for the administration of that program2 and 7,c7 comply with the provisions of the administration of the recreational trails program under section #bjf1 including the use of apportioned funds described in subsection 7d77#c77;,a7 of that section4 7#f7 ,state flexibility 7,a7 ,recreational trails ,a ,state may opt out of the recreational trails program under paragraph 7#e7 if the ,governor of the ,state notifies the ,secretary not later than #cj days prior to apportionments being made for any fiscal year4 7,b7 ,large urbanized areas ,a metropolitan planning area may use not to exceed #ej percent of the funds reserved under this subsection for an urbanized area described in subsection 7d77#a77;,a77i7 for any purpose eligible under subsection 7b74 7i7 ,treatment of projects ,notwithstanding any other provision of law1 projects funded under this section 7excluding those carried out under subsection 7h77#e77 shall be treated as projects on a ,federal-aid highway under this chapter4 4 7c7 ,technical and conforming amendments 7#a7 ,section #abf ,section #abf7;b77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking section #bac and inserting section #acc7;h72 and 7,b7 by striking section #bac7;c77#a77;,b7 and inserting section #acc7;h74 7#b7 ,section #bac ,section #bac of title #bc1 ,united ,states ,code1 is repealed4 7#c7 ,section #cbb ,section #cbb7;h77#c7 of title #bc1 ,united ,states ,code1 is amended by striking surface transportation program and inserting surface transportation block grant program4 7#d7 ,section #ejd ,section #ejd7;a77#d7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking #ajd7;b77#c7 and inserting #ajd7;b77#b72 and 7,b7 by striking surface transportation program and inserting surface transportation block grant program4 7#e7 ,chapter #a ,chapter #a of title #bc1 ,united ,states ,code1 is amended by striking surface transportation program each place it appears and inserting surface transportation block grant program4 7#f7 ,chapter analyses 7,a7 ,chapter #a ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #acc and inserting the following3 #acc4 ,surface transportation block grant program4 4 7,b7 ,chapter #b ,the item relating to section #bac in the analysis for chapter #b of title #bc1 ,united ,states ,code1 is repealed4 7#g7 ,other references ,any reference in any other law1 regulation1 document1 paper1 or other record of the ,united ,states to the surface transportation program under section #acc of title #bc1 ,united ,states ,code1 shall be deemed to be a reference to the surface transportation block grant program under such section4 #aajg4 ,railway-highway grade crossings ,section #acj7;e77#a7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#a7 ,in general 7,a7 ,set aside ,before making an apportionment under section #ajd7;b77#c7 for a fiscal year1 the ,secretary shall set aside1 from amounts made available to carry out the highway safety improvement program under section #adh for such fiscal year1 for the elimination of hazards and the installation of protective devices at railway-highway crossings at least-- 7i7 #bbe1jjj1jjj for fiscal year #bjaf2 7ii7 #bcj1jjj1jjj for fiscal year #bjag2 7iii7 #bce1jjj1jjj for fiscal year #bjah2 7iv7 #bdj1jjj1jjj for fiscal year #bjai2 7v7 #bde1jjj1jjj for fiscal year #bjbj2 and 7vi7 #bej1jjj1jjj for fiscal year #bjba4 7,b7 ,installation of protective devices ,at least of the funds set aside each fiscal year under subparagraph 7,a7 shall be available for the installation of protective devices at railway-highway crossings4 7,c7 ,obligation availability ,sums set aside each fiscal year under subparagraph 7,a7 shall be available for obligation in the same manner as funds apportioned under section #ajd7;b77#a7 of this title4 4 #aajh4 ,highway safety improvement program 7a7 ,definitions 7#a7 ,in general ,section #adh7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#d77;,b7-- 7i7 in the matter preceding clause 7i71 by striking includes1 but is not limited to1 and inserting only includes2 and 7ii7 by adding at the end the following3 7xxv7 ,installation of vehicle-to-infrastructure communication equipment4 7xxvi7 ,pedestrian hybrid beacons4 7xxvii7 ,roadway improvements that provide separation between pedestrians and motor vehicles1 including medians and pedestrian crossing islands4 7xxviii7 ,a physical infrastructure safety project not described in clauses 7i7 through 7xxvii74 2 7,b7 by striking paragraph 7#aj72 and 7,c7 by redesignating paragraphs 7#aa7 through 7#ac7 as paragraphs 7#aj7 through 7#ab71 respectively4 7#b7 ,conforming amendments ,section #adh of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7c77#a77;,a7 by striking subsections 7a77#ab7 and inserting subsections 7a77#aa72 and 7,b7 in subsection 7d77#b77;,b77i7 by striking subsection 7a77#ab7 and inserting subsection 7a77#aa74 7b7 ,data collection ,section #adh7;f7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,process ,the ,secretary shall establish a process to allow a ,state to cease to collect the subset referred to in paragraph 7#b77;,a7 for public roads that are gravel roads or otherwise unpaved if-- 7,a7 the ,state does not use funds provided to carry out this section for a project on such roads until the ,state completes a collection of the required model inventory of roadway elements for the roads2 and 7,b7 the ,state demonstrates that the ,state consulted with affected ,indian tribes before ceasing to collect data with respect to such roads that are included in the ,national ,tribal ,transportation ,facility ,inventory4 7#d7 ,rule of construction ,nothing in paragraph 7#c7 may be construed to allow a ,state to cease data collection related to serious injuries or fatalities4 4 7c7 ,rural road safety ,section #adh7;g77#a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking ,if the fatality rate and inserting the following3 7,a7 ,in general ,if the fatality rate 2 and 7#b7 by adding at the end the following3 7,b7 ,fatalities exceeding the median rate ,if the fatality rate on rural roads in a ,state1 for the most recent #b-year period for which data is available1 is more than the median fatality rate for rural roads among all ,states for such #b-year period1 the ,state shall be required to demonstrate1 in the subsequent ,state strategic highway safety plan of the ,state1 strategies to address fatalities and achieve safety improvements on high risk rural roads4 4 7d7 ,commercial motor vehicle safety best practices 7#a7 ,review ,the ,secretary shall conduct a review of best practices with respect to the implementation of roadway safety infrastructure improvements that-- 7,a7 are cost effective2 and 7,b7 reduce the number or severity of accidents involving commercial motor vehicles4 7#b7 ,consultation ,in conducting the review under paragraph 7#a71 the ,secretary shall consult with ,state transportation departments and units of local government4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate1 and make available on the public ,internet ,web site of the ,department1 a report describing the results of the review conducted under paragraph 7#a74 #aaji4 ,congestion mitigation and air quality improvement program 7a7 ,eligible projects ,section #adi7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#g7 by striking or at the end2 7#b7 in paragraph 7#h7 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#i7 if the project or program is for the installation of vehicle-to-infrastructure communication equipment4 4 7b7 ,states flexibility ,section #adi7;d7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7d7 ,states flexibility 7#a7 ,states without a nonattainment area ,if a ,state does not have1 and never has had1 a nonattainment area designated under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 the ,state may use funds apportioned to the ,state under section #ajd7;b77#d7 for any project in the ,state that-- 7,a7 would otherwise be eligible under subsection 7b7 if the project were carried out in a nonattainment or maintenance area2 or 7,b7 is eligible under the surface transportation block grant program under section #acc4 7#b7 ,states with a nonattainment area 7,a7 ,in general ,if a ,state has a nonattainment area or maintenance area and received funds in fiscal year #bjji under section #ajd7;b77#b77;,d71 as in effect on the day before the date of enactment of the ,,map-#ba1 above the amount of funds that the ,state would have received based on the nonattainment and maintenance area population of the ,state under subparagraphs 7,b7 and 7,c7 of section #ajd7;b77#b71 as in effect on the day before the date of enactment of the ,,map-#ba1 the ,state may use1 for any project that would otherwise be eligible under subsection 7b7 if the project were carried out in a nonattainment or maintenance area or is eligible under the surface transportation block grant program under section #acc1 an amount of funds apportioned to such ,state under section #ajd7;b77#d7 that is equal to the product obtained by multiplying-- 7i7 the amount apportioned to such ,state under section #ajd7;b77#d7 7excluding the amounts reserved for obligation under subsection 7k77#a772 by 7ii7 the ratio calculated under subparagraph 7,b74 7,b7 ,ratio ,for purposes of this paragraph1 the ratio shall be calculated as the proportion that-- 7i7 the amount for fiscal year #bjji such ,state was permitted by section #adi7;c77#b71 as in effect on the day before the date of enactment of the ,,map-#ba1 to obligate in any area of the ,state for projects eligible under section #acc1 as in effect on the day before the date of enactment of the ,,map-#ba2 bears to 7ii7 the total apportionment to such ,state for fiscal year #bjji under section #ajd7;b77#b71 as in effect on the day before the date of enactment of the ,,map-#ba4 7#c7 ,changes in designation ,if a new nonattainment area is designated or a previously designated nonattainment area is redesignated as an attainment area in a ,state under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 the ,secretary shall modify1 in a manner consistent with the approach that was in effect on the day before the date of enactment of ,,map-#ba1 the amount such ,state is permitted to obligate in any area of the ,state for projects eligible under section #acc4 4 7c7 ,priority consideration ,section #adi7;g77#c7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#c7 ,priority consideration 7,a7 ,in general ,in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section #ajd7;b77#d7 in areas designated as nonattainment or maintenance for ,,pm#b4e under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 and where regional motor vehicle emissions are not an insignificant contributor to the air quality problem for ,,pm#b4e1 ,states and metropolitan planning organizations shall give priority to projects1 including diesel retrofits or alternative fuel vehicles1 that are proven to reduce direct or indirect emissions of ,,pm#b4e4 7,b7 ,use of funding ,to the maximum extent practicable1 funding used in an area described in subparagraph 7,a7 shall be used on the most cost-effective projects and programs that are proven to reduce directly or indirectly emitted fine particulate matter4 4 7d7 ,priority for use of funds in ,,pm#b4e areas ,section #adi7k7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7 by striking such fine particulate and inserting directly emitted fine particulate2 and 7#b7 by adding at the end the following3 7#c7 ,,pm#b4e nonattainment and maintenance in low population density ,states 7,a7 ,exception ,for any ,state with a population density of #hj or fewer persons per square mile of land area1 based on the most recent decennial census1 subsection 7g77#c7 and paragraphs 7#a7 and 7#b7 of this subsection do not apply to a nonattainment or maintenance area in the ,state if-- 7i7 the nonattainment or maintenance area does not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program2 and 7ii7 regional motor vehicle emissions are an insignificant contributor to the air quality problem for ,,pm#b4e in the nonattainment or maintenance area4 7,b7 ,calculation ,if subparagraph 7,a7 applies to a nonattainment or maintenance area in a ,state1 the percentage of the ,,pm#b4e set aside under paragraph 7#a7 shall be reduced for that ,state proportionately based on the weighted population of the area in fine particulate matter nonattainment4 4 7e7 ,performance plan ,section #adi7l77#a77;,b7 of title #bc1 ,united ,states ,code1 is amended by inserting emission and congestion reduction after achieving the4 #aaaj4 ,national highway freight policy 7a7 ,in general ,section #afg of title #bc1 ,united ,states ,code1 is amended to read as follows3 #afg4 ,national highway freight policy 7a7 ,in general ,it is the policy of the ,united ,states to improve the condition and performance of the ,national ,highway ,freight ,network established under this section to ensure that the ,network provides a foundation for the ,united ,states to compete in the global economy and achieve the goals described in subsection 7b74 7b7 ,goals ,the goals of the national highway freight policy are-- 7#a7 to invest in infrastructure improvements and to implement operational improvements that-- 7,a7 strengthen the contribution of the ,national ,highway ,freight ,network to the economic competitiveness of the ,united ,states2 7,b7 reduce congestion and bottlenecks on the ,national ,highway ,freight ,network2 and 7,c7 increase productivity1 particularly for domestic industries and businesses that create high-value jobs2 7#b7 to improve the safety1 security1 and resilience of highway freight transportation2 7#c7 to improve the state of good repair of the ,national ,highway ,freight ,network2 7#d7 to use innovation and advanced technology to improve the safety1 efficiency1 and reliability of the ,national ,highway ,freight ,network2 7#e7 to improve the economic efficiency of the ,national ,highway ,freight ,network2 7#f7 to improve the short and long distance movement of goods that-- 7,a7 travel across rural areas between population centers2 and 7,b7 travel between rural areas and population centers2 7#g7 to improve the flexibility of ,states to support multi-,state corridor planning and the creation of multi-,state organizations to increase the ability of ,states to address highway freight connectivity2 and 7#h7 to reduce the environmental impacts of freight movement on the ,national ,highway ,freight ,network4 7c7 ,establishment of ,national ,highway ,freight ,network 7#a7 ,in general ,the ,secretary shall establish a ,national ,highway ,freight ,network in accordance with this section to strategically direct ,federal resources and policies toward improved performance of the ,network4 7#b7 ,network components ,the ,national ,highway ,freight ,network shall consist of-- 7,a7 the ,interstate ,system2 7,b7 non-,interstate highway segments on the #da1jjj-mile comprehensive primary freight network developed by the ,secretary under section #afg7;d7 as in effect on the day before the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae2 and 7,c7 additional non-,interstate highway segments designated by the ,states under subsection 7d74 7d7 ,state additions to network 7#a7 ,in general ,not later than #a year after the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae1 each ,state1 in consultation with the ,state freight advisory committee1 may increase the number of miles designated as part of the ,national ,highway ,freight ,network by not more than #aj percent of the miles designated in that ,state under subparagraphs 7,a7 and 7,b7 of subsection 7c77#b7 if the additional miles-- 7,a7 close gaps between segments of the ,national ,highway ,freight ,network2 7,b7 establish connections from the ,national ,highway ,freight ,network to critical facilities for the efficient movement of freight1 including ports1 freight railroads1 international border crossings1 airports1 intermodal facilities1 warehouse and logistics centers1 and agricultural facilities2 or 7,c7 are part of critical emerging freight corridors or critical commerce corridors4 7#b7 ,submission ,each ,state shall-- 7,a7 submit to the ,secretary a list of the additional miles added under this subsection2 and 7,b7 certify that the additional miles meet the requirements of paragraph 7#a74 7e7 ,redesignation 7#a7 ,redesignation by ,secretary 7,a7 ,in general ,effective beginning #e years after the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae1 and every #e years thereafter1 the ,secretary shall redesignate the highway segments designated by the ,secretary under subsection 7c77#b77;,b7 that are on the ,national ,highway ,freight ,network4 7,b7 ,considerations ,in redesignating highway segments under subparagraph 7,a71 the ,secretary shall consider-- 7i7 changes in the origins and destinations of freight movements in the ,united ,states2 7ii7 changes in the percentage of annual average daily truck traffic in the annual average daily traffic on principal arterials2 7iii7 changes in the location of key facilities2 7iv7 critical emerging freight corridors and critical commerce corridors2 and 7v7 network connectivity4 7,c7 ,limitation ,each redesignation under subparagraph 7,a7 may increase the mileage on the ,national ,highway ,freight ,network designated by the ,secretary by not more than #c percent4 7#b7 ,redesignation by ,states 7,a7 ,in general ,effective beginning #e years after the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae1 and every #e years thereafter1 each ,state may1 in consultation with the ,state freight advisory committee1 redesignate the highway segments designated by the ,state under subsection 7c77#b77;,c7 that are on the ,national ,highway ,freight ,network4 7,b7 ,considerations ,in redesignating highway segments under subparagraph 7,a71 the ,state shall consider-- 7i7 gaps between segments of the ,national ,highway ,freight ,network2 7ii7 needed connections from the ,national ,highway ,freight ,network to critical facilities for the efficient movement of freight1 including ports1 freight railroads1 international border crossings1 airports1 intermodal facilities1 warehouse and logistics centers1 and agricultural facilities2 and 7iii7 critical emerging freight corridors or critical commerce corridors4 7,c7 ,limitation ,each redesignation under subparagraph 7,a7 may increase the mileage on the ,national ,highway ,freight ,network designated by the ,state by not more than #c percent4 7,d7 ,resubmission ,each ,state1 under the advisement of the ,state freight advisory committee1 shall-- 7i7 submit to the ,secretary a list of the miles redesignated under this paragraph2 and 7ii7 certify that the redesignated miles meet the requirements of subsection 7d77#a74 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #afg and inserting the following3 #afg4 ,national highway freight policy4 4 #aaaa4 ,nationally significant freight and highway projects 7a7 ,in general ,title #bc1 ,united ,states ,code1 is amended by inserting after section #aaf the following3 #aag4 ,nationally significant freight and highway projects 7a7 ,establishment ,there is established a nationally significant freight and highway projects program to provide financial assistance for projects of national or regional significance that will-- 7#a7 improve the safety1 efficiency1 and reliability of the movement of freight and people2 7#b7 generate national or regional economic benefits and an increase in the global economic competitiveness of the ,united ,states2 7#c7 reduce highway congestion and bottlenecks2 7#d7 improve connectivity between modes of freight transportation2 or 7#e7 enhance the resiliency of critical highway infrastructure1 including highway infrastructure that supports national energy security4 7b7 ,grant authority ,in carrying out the program established in subsection 7a71 the ,secretary may make grants1 on a competitive basis1 in accordance with this section4 7c7 ,eligible applicants 7#a7 ,in general ,the ,secretary may make a grant under this section to the following3 7,a7 ,a ,state or group of ,states4 7,b7 ,a metropolitan planning organization that serves an urbanized area 7as defined by the ,bureau of the ,census7 with a population of more than #bjj1jjj individuals4 7,c7 ,a unit of local government4 7,d7 ,a special purpose district or public authority with a transportation function1 including a port authority4 7,e7 ,a ,federal land management agency that applies jointly with a ,state or group of ,states4 7#b7 ,applications ,to be eligible for a grant under this section1 an entity specified in paragraph 7#a7 shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary determines is appropriate4 7d7 ,eligible projects 7#a7 ,in general ,except as provided in subsection 7h71 the ,secretary may make a grant under this section only for a project that-- 7,a7 is-- 7i7 a freight project carried out on the ,national ,highway ,freight ,network established under section #afg of this title2 7ii7 a highway or bridge project carried out on the ,national ,highway ,system1 including-- 7,i7 a project to add capacity to the ,interstate ,system to improve mobility2 and 7,,ii7 a project in a national scenic area2 7iii7 an intermodal or rail freight project carried out on the ,national ,multimodal ,freight ,network established under section #gjajc of title #di2 or 7iv7 a railway-highway grade crossing or grade separation project2 and 7,b7 has eligible project costs that are reasonably anticipated to equal or exceed the lesser of-- 7i7 #ajj1jjj1jjj2 or 7ii7 in the case of a project-- 7,i7 located in #a ,state1 #cj percent of the amount apportioned under this chapter to the ,state in the most recently completed fiscal year2 or 7,,ii7 located in more than #a ,state1 #ej percent of the amount apportioned under this chapter to the participating ,state with the largest apportionment under this chapter in the most recently completed fiscal year4 7#b7 ,limitation 7,a7 ,in general ,not more than #ejj1jjj1jjj of the amounts made available for grants under this section for fiscal years #bjaf through #bjba1 in the aggregate1 may be used to make grants for projects described in paragraph 7#a77;,a77iii7 and such a project may only receive a grant under this section if-- 7i7 the project will make a significant improvement to freight movements on the ,national ,highway ,freight ,network2 and 7ii7 the ,federal share of the project funds only elements of the project that provide public benefits4 7,b7 ,exclusions ,the limitation under subparagraph 7,a7 shall-- 7i7 not apply to a railway-highway grade crossing or grade separation project2 and 7ii7 with respect to a multimodal project1 shall apply only to the non-highway portion or portions of the project4 7e7 ,eligible project costs ,grant amounts received for a project under this section may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7f7 ,project requirements ,the ,secretary may make a grant for a project described under subsection 7d7 only if the relevant applicant demonstrates that-- 7#a7 the project will generate national or regional economic1 mobility1 or safety benefits2 7#b7 the project will be cost effective2 7#c7 the project will contribute to the accomplishment of #a or more of the national goals described under section #aej of this title2 7#d7 the project is based on the results of preliminary engineering2 7#e7 with respect to related non-,federal financial commitments-- 7,a7 #a or more stable and dependable sources of funding and financing are available to construct1 maintain1 and operate the project2 and 7,b7 contingency amounts are available to cover unanticipated cost increases2 7#f7 the project cannot be easily addressed using other funding available to the project sponsor under this chapter2 and 7#g7 the project is reasonably expected to begin construction not later than #ah months after the date of obligation of funds for the project4 7g7 ,additional considerations ,in making a grant under this section1 the ,secretary shall consider-- 7#a7 the extent to which a project utilizes nontraditional financing1 innovative design and construction techniques1 or innovative technologies2 7#b7 the amount and source of non-,federal contributions with respect to the proposed project2 and 7#c7 the need for geographic diversity among grant recipients1 including the need for a balance between the needs of rural and urban communities4 7h7 ,reserved amounts 7#a7 ,in general ,the ,secretary shall reserve not less than #aj percent of the amounts made available for grants under this section each fiscal year to make grants for projects described in subsection 7d77#a77;,a7 that do not satisfy the minimum threshold under subsection 7d77#a77;,b74 7#b7 ,grant amount ,each grant made under this subsection shall be in an amount that is at least #e1jjj1jjj4 7#c7 ,project selection considerations ,in addition to other applicable requirements1 in making grants under this subsection the ,secretary shall consider-- 7,a7 the cost effectiveness of the proposed project2 and 7,b7 the effect of the proposed project on mobility in the ,state and region in which the project is carried out4 7#d7 ,excess funding ,in any fiscal year in which qualified applications for grants under this subsection will not allow for the amount reserved under paragraph 7#a7 to be fully utilized1 the ,secretary shall use the unutilized amounts to make other grants under this section4 7#e7 ,rural areas ,the ,secretary shall reserve not less than #bj percent of the amounts made available for grants under this section1 including the amounts made available under paragraph 7#a71 each fiscal year to make grants for projects located in rural areas4 7i7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of a project assisted with a grant under this section may not exceed #ej percent4 7#b7 ,non-,federal share ,funds apportioned to a ,state under section #ajd7;b77#a7 or #ajd7;b77#b7 may be used to satisfy the non-,federal share of the cost of a project for which a grant is made under this section so long as the total amount of ,federal funding for the project does not exceed #hj percent of project costs4 7j7 ,agreements ,to combine amounts ,two or more entities specified in subsection 7c77#a7 may combine1 pursuant to an agreement entered into by the entities1 any part of the amounts provided to the entities from grants under this section for a project for which the relevant grants were made if-- 7#a7 the agreement will benefit each entity entering into the agreement2 and 7#b7 the agreement is not in violation of a law of any such entity4 7k7 ,treatment of freight projects ,notwithstanding any other provision of law1 a freight project carried out under this section shall be treated as if the project is located on a ,federal-aid highway4 7l7 ,,tifia program ,at the request of an eligible applicant under this section1 the ,secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity ,federal credit assistance under chapter #f with respect to the project for which the grant was awarded4 7m7 ,congressional notification 7#a7 ,notification ,at least #fj days before making a grant for a project under this section1 the ,secretary shall notify1 in writing1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate of the proposed grant4 ,the notification shall include an evaluation and justification for the project and the amount of the proposed grant award4 7#b7 ,congressional disapproval ,the ,secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the #fj-;day period described in paragraph 7#a74 7n7 ,facilitating commercial waterborne transportation ,notwithstanding any other provision of law1 or rights granted thereunder1 and provided that the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 are met1 a property owner may develop1 construct1 operate1 and maintain pier1 wharf1 or other such load-out structures on that property and on or above adjacent beds of the navigable waters of the ,united ,states to facilitate the commercial waterborne transportation of domestic aggregate that may supply an eligible project under this section1 including salt1 sand1 and gravel1 from reserves located within ten miles of the property4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #aaf the following3 #aag4 ,nationally significant freight and highway projects4 4 7c7 ,repeal ,section #acja of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aja note71 and the item relating to that section in the table of contents in section #a7;b7 of such ,act1 are repealed4 #aaab4 ,territorial and ,puerto ,rico highway program ,section #afe7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7 by striking #aej1jjj1jjj and inserting #aeh1jjj1jjj2 and 7#b7 in paragraph 7#b7 by striking #dj1jjj1jjj and inserting #db1jjj1jjj4 #aaac4 ,federal lands and tribal transportation program ,section #bja7;c77#f7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7,c7 ,tribal data collection ,in addition to the data to be collected under subparagraph 7,a71 not later than #ij days after the last day of each fiscal year1 any entity carrying out a project under the tribal transportation program under section #bjb shall submit to the ,secretary and the ,secretary of the ,interior1 based on obligations and expenditures under the tribal transportation program during the preceding fiscal year1 the following data3 7i7 ,the names of projects and activities carried out by the entity under the tribal transportation program during the preceding fiscal year4 7ii7 ,a description of the projects and activities identified under clause 7i74 7iii7 ,the current status of the projects and activities identified under clause 7i74 7iv7 ,an estimate of the number of jobs created and the number of jobs retained by the projects and activities identified under clause 7i74 4 #aaad4 ,tribal transportation program ,section #bjb7;a77#f7 of title #bc1 ,united ,states ,code1 is amended by striking #f percent and inserting #e percent4 #aaae4 ,federal lands transportation program ,section #bjc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,b7 by striking operation and inserting capital1 operations12 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,b7-- 7i7 in clause 7iv7 by striking and at the end2 7ii7 in clause 7v7 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7vi7 the ,bureau of ,reclamation2 and 7vii7 independent ,federal agencies with natural resource and land management responsibilities4 2 and 7,b7 in paragraph 7#b77;,b7-- 7i7 in the matter preceding clause 7i7 by inserting performance management1 including after support2 and 7ii7 in clause 7i77,,ii7 by striking 1 and and inserting 2 and2 and 7#c7 in subsection 7c77#b77;,b7 by adding at the end the following3 7vi7 ,the ,bureau of ,reclamation4 4 #aaaf4 ,tribal transportation self-governance program 7a7 ,in general ,chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after section #bjf the following3 #bjg4 ,tribal transportation self-governance program 7a7 ,establishment ,subject to the requirements of this section1 the ,secretary shall establish and carry out a program to be known as the tribal transportation self-governance program4 ,the ,secretary may delegate responsibilities for administration of the program as the ,secretary determines appropriate4 7b7 ,eligibility 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 an ,indian tribe shall be eligible to participate in the program if the ,indian tribe requests participation in the program by resolution or other official action by the governing body of the ,indian tribe1 and demonstrates1 for the preceding #c fiscal years1 financial stability and financial management capability1 and transportation program management capability4 7#b7 ,criteria for determining financial stability and financial management capacity ,for the purposes of paragraph 7#a71 evidence that1 during the preceding #c fiscal years1 an ,indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the ,indian tribe's self-determination contracts or self-governance funding agreements with any ,federal agency shall be conclusive evidence of the required financial stability and financial management capability4 7#c7 ,criteria for determining transportation program management capability ,the ,secretary shall require an ,indian tribe to demonstrate transportation program management capability1 including the capability to manage and complete projects eligible under this title and projects eligible under chapter #ec of title #di1 to gain eligibility for the program4 7c7 ,compacts 7#a7 ,compact required ,upon the request of an eligible ,indian tribe1 and subject to the requirements of this section1 the ,secretary shall negotiate and enter into a written compact with the ,indian tribe for the purpose of providing for the participation of the ,indian tribe in the program4 7#b7 ,contents ,a compact entered into under paragraph 7#a7 shall set forth the general terms of the government-to-government relationship between the ,indian tribe and the ,united ,states under the program and other terms that will continue to apply in future fiscal years4 7#c7 ,amendments ,a compact entered into with an ,indian tribe under paragraph 7#a7 may be amended only by mutual agreement of the ,indian tribe and the ,secretary4 7d7 ,annual funding agreements 7#a7 ,funding agreement required ,after entering into a compact with an ,indian tribe under subsection 7c71 the ,secretary shall negotiate and enter into a written annual funding agreement with the ,indian tribe4 7#b7 ,contents 7,a7 ,in general 7i7 ,formula funding and discretionary grants ,a funding agreement entered into with an ,indian tribe shall authorize the ,indian tribe1 as determined by the ,indian tribe1 to plan1 conduct1 consolidate1 administer1 and receive full tribal share funding1 tribal transit formula funding1 and funding to tribes from discretionary and competitive grants administered by the ,department for all programs1 services1 functions1 and activities 7or portions thereof7 that are made available to ,indian tribes to carry out tribal transportation programs and programs1 services1 functions1 and activities 7or portions thereof7 administered by the ,secretary that are otherwise available to ,indian tribes4 7ii7 ,transfers of state funds 7,i7 ,inclusion of transferred funds in funding agreement ,a funding agreement entered into with an ,indian tribe shall include ,federal-aid funds apportioned to a ,state under chapter #a if the ,state elects to provide a portion of such funds to the ,indian tribe for a project eligible under section #bjb7;a74 7,,ii7 ,method for transfers ,if a ,state elects to provide funds described in subclause 7,i7 to an ,indian tribe1 the ,state shall transfer the funds back to the ,secretary and the ,secretary shall transfer the funds to the ,indian tribe in accordance with this section4 7,,iii7 ,responsibility for transferred funds ,notwithstanding any other provision of law1 if a ,state provides funds described in subclause 7,i7 to an ,indian tribe-- 7aa7 the ,state shall not be responsible for constructing or maintaining a project carried out using the funds or for administering or supervising the project or funds during the applicable statute of limitations period related to the construction of the project2 and 7bb7 the ,indian tribe shall be responsible for constructing and maintaining a project carried out using the funds and for administering and supervising the project and funds in accordance with this section during the applicable statute of limitations period related to the construction of the project4 7,b7 ,administration of tribal shares ,the tribal shares referred to in subparagraph 7,a7 shall be provided without regard to the agency or office of the ,department within which the program1 service1 function1 or activity 7or portion thereof7 is performed4 7,c7 ,flexible and innovative financing 7i7 ,in general ,a funding agreement entered into with an ,indian tribe under paragraph 7#a7 shall include provisions pertaining to flexible and innovative financing if agreed upon by the parties4 7ii7 ,terms and conditions 7,i7 ,authority to issue regulations ,the ,secretary may issue regulations to establish the terms and conditions relating to the flexible and innovative financing provisions referred to in clause 7i74 7,,ii7 ,terms and conditions in absence of regulations ,if the ,secretary does not issue regulations under subclause 7,i71 the terms and conditions relating to the flexible and innovative financing provisions referred to in clause 7i7 shall be consistent with-- 7aa7 agreements entered into by the ,department under-- 7,,aa7 section #bjb7;b77#g72 and 7,,bb7 section #bjb7;d77#e71 as in effect before the date of enactment of ,,map-#ba 7,public ,law #aab-ada72 or 7bb7 regulations of the ,department of the ,interior relating to flexible financing contained in part #agj of title #be1 ,code of ,federal ,regulations1 as in effect on the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae4 7#c7 ,terms ,a funding agreement shall set forth-- 7,a7 terms that generally identify the programs1 services1 functions1 and activities 7or portions thereof7 to be performed or administered by the ,indian tribe2 and 7,b7 for items identified in subparagraph 7,a7-- 7i7 the general budget category assigned2 7ii7 the funds to be provided1 including those funds to be provided on a recurring basis2 7iii7 the time and method of transfer of the funds2 7iv7 the responsibilities of the ,secretary and the ,indian tribe2 and 7v7 any other provision agreed to by the ,indian tribe and the ,secretary4 7#d7 ,subsequent funding agreements 7,a7 ,applicability of existing agreement ,absent notification from an ,indian tribe that the ,indian tribe is withdrawing from or retroceding the operation of #a or more programs1 services1 functions1 or activities 7or portions thereof7 identified in a funding agreement1 or unless otherwise agreed to by the parties1 each funding agreement shall remain in full force and effect until a subsequent funding agreement is executed4 7,b7 ,effective date of subsequent agreement ,the terms of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement4 7#e7 ,consent of ,indian tribe required ,the ,secretary shall not revise1 amend1 or require additional terms in a new or subsequent funding agreement without the consent of the ,indian tribe that is subject to the agreement unless such terms are required by ,federal law4 7e7 ,general provisions 7#a7 ,redesign and consolidation 7,a7 ,in general ,an ,indian tribe1 in any manner that the ,indian tribe considers to be in the best interest of the ,indian community being served1 may-- 7i7 redesign or consolidate programs1 services1 functions1 and activities 7or portions thereof7 included in a funding agreement2 and 7ii7 reallocate or redirect funds for such programs1 services1 functions1 and activities 7or portions thereof71 if the funds are-- 7,i7 expended on projects identified in a transportation improvement program approved by the ,secretary2 and 7,,ii7 used in accordance with the requirements in-- 7aa7 appropriations ,acts2 7bb7 this title and chapter #ec of title #di2 and 7cc7 any other applicable law4 7,b7 ,exception ,notwithstanding subparagraph 7,a71 if1 pursuant to subsection 7d71 an ,indian tribe receives a discretionary or competitive grant from the ,secretary or receives ,state apportioned funds1 the ,indian tribe shall use the funds for the purpose for which the funds were originally authorized4 7#b7 ,retrocession 7,a7 ,in general 7i7 ,authority of ,indian tribes ,an ,indian tribe may retrocede 7fully or partially7 to the ,secretary programs1 services1 functions1 or activities 7or portions thereof7 included in a compact or funding agreement4 7ii7 ,reassumption of remaining funds ,following a retrocession described in clause 7i71 the ,secretary may-- 7,i7 reassume the remaining funding associated with the retroceded programs1 functions1 services1 and activities 7or portions thereof7 included in the applicable compact or funding agreement2 7,,ii7 out of such remaining funds1 transfer funds associated with ,department of ,interior programs1 services1 functions1 or activities 7or portions thereof7 to the ,secretary of the ,interior to carry out transportation services provided by the ,secretary of the ,interior2 and 7,,iii7 distribute funds not transferred under subclause 7,,ii7 in accordance with applicable law4 7iii7 ,correction of programs ,if the ,secretary makes a finding under subsection 7f77#b77;,b7 and no funds are available under subsection 7f77#b77;,a77ii71 the ,secretary shall not be required to provide additional funds to complete or correct any programs1 functions1 services1 or activities 7or portions thereof74 7,b7 ,effective date ,unless the ,indian tribe rescinds a request for retrocession1 the retrocession shall become effective within the timeframe specified by the parties in the compact or funding agreement4 ,in the absence of such a specification1 the retrocession shall become effective on-- 7i7 the earlier of-- 7,i7 #a year after the date of submission of the request2 or 7,,ii7 the date on which the funding agreement expires2 or 7ii7 such date as may be mutually agreed upon by the parties and1 with respect to ,department of the ,interior programs1 functions1 services1 and activities 7or portions thereof71 the ,secretary of the ,interior4 7f7 ,provisions relating to ,secretary 7#a7 ,decisionmaker ,a decision that relates to an appeal of the rejection of a final offer by the ,department shall be made either-- 7,a7 by an official of the ,department who holds a position at a higher organizational level within the ,department than the level of the departmental agency in which the decision that is the subject of the appeal was made2 or 7,b7 by an administrative judge4 7#b7 ,termination of compact or funding agreement 7,a7 ,authority to terminate 7i7 ,provision to be included in compact or funding agreement ,a compact or funding agreement shall include a provision authorizing the ,secretary1 if the ,secretary makes a finding described in subparagraph 7,b71 to-- 7,i7 terminate the compact or funding agreement 7or a portion thereof72 and 7,,ii7 reassume the remaining funding associated with the reassumed programs1 functions1 services1 and activities included in the compact or funding agreement4 7ii7 ,transfers of funds ,out of any funds reassumed under clause 7i77,,ii71 the ,secretary may transfer the funds associated with ,department of the ,interior programs1 functions1 services1 and activities 7or portions thereof7 to the ,secretary of the ,interior to provide continued transportation services in accordance with applicable law4 7,b7 ,findings resulting in termination ,the finding referred to in subparagraph 7,a7 is a specific finding of-- 7i7 imminent jeopardy to a trust asset1 natural resources1 or public health and safety that is caused by an act or omission of the ,indian tribe and that arises out of a failure to carry out the compact or funding agreement1 as determined by the ,secretary2 or 7ii7 gross mismanagement with respect to funds or programs transferred to the ,indian tribe under the compact or funding agreement1 as determined by the ,secretary in consultation with the ,inspector ,general of the ,department1 as appropriate4 7,c7 ,prohibition ,the ,secretary shall not terminate a compact or funding agreement 7or portion thereof7 unless-- 7i7 the ,secretary has first provided written notice and a hearing on the record to the ,indian tribe that is subject to the compact or funding agreement2 and 7ii7 the ,indian tribe has not taken corrective action to remedy the mismanagement of funds or programs or the imminent jeopardy to a trust asset1 natural resource1 or public health and safety4 7,d7 ,exception 7i7 ,in general ,notwithstanding subparagraph 7,c71 the ,secretary1 upon written notification to an ,indian tribe that is subject to a compact or funding agreement1 may immediately terminate the compact or funding agreement 7or portion thereof7 if-- 7,i7 the ,secretary makes a finding of imminent substantial and irreparable jeopardy to a trust asset1 natural resource1 or public health and safety2 and 7,,ii7 the jeopardy arises out of a failure to carry out the compact or funding agreement4 7ii7 ,hearings ,if the ,secretary terminates a compact or funding agreement 7or portion thereof7 under clause 7i71 the ,secretary shall provide the ,indian tribe subject to the compact or agreement with a hearing on the record not later than #aj days after the date of such termination4 7,e7 ,burden of proof ,in any hearing or appeal involving a decision to terminate a compact or funding agreement 7or portion thereof7 under this paragraph1 the ,secretary shall have the burden of proof in demonstrating by clear and convincing evidence the validity of the grounds for the termination4 7g7 ,cost principles ,in administering funds received under this section1 an ,indian tribe shall apply cost principles under the applicable ,office of ,management and ,budget circular1 except as modified by section #dej;j-#a of title #be1 other provisions of law1 or by any exemptions to applicable ,office of ,management and ,budget circulars subsequently granted by the ,office of ,management and ,budget4 ,no other audit or accounting standards shall be required by the ,secretary4 ,any claim by the ,federal ,government against the ,indian tribe relating to funds received under a funding agreement based on any audit conducted pursuant to this subsection shall be subject to the provisions of section #dej;j-#a7;f7 of title #be4 7h7 ,transfer of funds ,the ,secretary shall provide funds to an ,indian tribe under a funding agreement in an amount equal to-- 7#a7 the sum of the funding that the ,indian tribe would otherwise receive for the program1 function1 service1 or activity in accordance with a funding formula or other allocation method established under this title or chapter #ec of title #di2 and 7#b7 such additional amounts as the ,secretary determines equal the amounts that would have been withheld for the costs of the ,bureau of ,indian ,affairs for administration of the program or project4 7i7 ,construction programs 7#a7 ,standards ,construction projects carried out under programs administered by an ,indian tribe with funds transferred to the ,indian tribe pursuant to a funding agreement entered into under this section shall be constructed pursuant to the construction program standards set forth in applicable regulations or as specifically approved by the ,secretary 7or the ,secretary's designee74 7#b7 ,monitoring ,construction programs shall be monitored by the ,secretary in accordance with applicable regulations4 7j7 ,facilitation 7#a7 ,secretarial interpretation ,except as otherwise provided by law1 the ,secretary shall interpret all ,federal laws1 ,executive orders1 and regulations in a manner that will facilitate-- 7,a7 the inclusion of programs1 services1 functions1 and activities 7or portions thereof7 and funds associated therewith1 in compacts and funding agreements2 and 7,b7 the implementation of the compacts and funding agreements4 7#b7 ,regulation waiver 7,a7 ,in general ,an ,indian tribe may submit to the ,secretary a written request to waive application of a regulation promulgated under this section with respect to a compact or funding agreement4 ,the request shall identify the regulation sought to be waived and the basis for the request4 7,b7 ,approvals and denials 7i7 ,in general ,not later than #ij days after the date of receipt of a written request under subparagraph 7,a71 the ,secretary shall approve or deny the request in writing4 7ii7 ,review ,the ,secretary shall review any application by an ,indian tribe for a waiver bearing in mind increasing opportunities for using flexible policy approaches at the ,indian tribal level4 7iii7 ,deemed approval ,if the ,secretary does not approve or deny a request submitted under subparagraph 7,a7 on or before the last day of the #ij-;day period referred to in clause 7i71 the request shall be deemed approved4 7iv7 ,denials ,if the application for a waiver is not granted1 the agency shall provide the applicant with the reasons for the denial as part of the written response required in clause 7i74 7v7 ,finality of decisions ,a decision by the ,secretary under this subparagraph shall be final for the ,department4 7k7 ,disclaimers 7#a7 ,existing authority ,notwithstanding any other provision of law1 upon the election of an ,indian tribe1 the ,secretary shall-- 7,a7 maintain current tribal transportation program funding agreements and program agreements2 or 7,b7 enter into new agreements under the authority of section #bjb7;b77#g74 7#b7 ,limitation on statutory construction ,nothing in this section may be construed to impair or diminish the authority of the ,secretary under section #bjb7;b77#g74 7l7 ,applicability of ,indian self-,determination and education assistance act ,except to the extent in conflict with this section 7as determined by the ,secretary71 the following provisions of the ,indian ,self-,determination and ,education ,assistance ,act shall apply to compact and funding agreements 7except that any reference to the ,secretary of the ,interior or the ,secretary of ,health and ,human ,services in such provisions shall be treated as a reference to the ,secretary of ,transportation73 7#a7 ,subsections 7a71 7b71 7d71 7g71 and 7h7 of section #ejf of such ,act 7#be ,u4,s4,c4 #deh;aaa-#e71 relating to general provisions4 7#b7 ,subsections 7b7 through 7e7 and 7g7 of section #ejg of such ,act 7#be ,u4,s4,c4#deh;aaa-#f71 relating to provisions relating to the ,secretary of ,health and ,human ,services4 7#c7 ,subsections 7a71 7b71 7d71 7e71 7g71 7h71 7i71 and 7k7 of section #ejh of such ,act 7#be ,u4,s4,c4 #deh;aaa-#g71 relating to transfer of funds4 7#d7 ,section #eaj of such ,act 7#be ,u4,s4,c4 #deh;aaa-#i71 relating to ,federal procurement laws and regulations4 7#e7 ,section #eaa of such ,act 7#be ,u4,s4,c4 #deh;aaa-#aj71 relating to civil actions4 7#f7 ,subsections 7a77#a71 7a77#b71 and 7c7 through 7f7 of section #eab of such ,act 7#be ,u4,s4,c4 #deh;aaa-#aa71 relating to facilitation1 except that subsection 7c77#a7 of that section shall be applied by substituting transportation facilities and other facilities for school buildings1 hospitals1 and other facilities4 7#g7 ,subsections 7a7 and 7b7 of section #eae of such ,act 7#be ,u4,s4,c4 #deh;aaa-#ad71 relating to disclaimers4 7#h7 ,subsections 7a7 and 7b7 of section #eaf of such ,act 7#be ,u4,s4,c4 #deh;aaa-#ae71 relating to application of title ,i provisions4 7#i7 ,section #eah of such ,act 7#be ,u4,s4,c4 #deh;aaa-#ag71 relating to appeals4 7m7 ,definitions 7#a7 ,in general ,in this section1 the following definitions apply 7except as otherwise expressly provided73 7,a7 ,compact ,the term compact means a compact between the ,secretary and an ,indian tribe entered into under subsection 7c74 7,b7 ,department ,the term ,department means the ,department of ,transportation4 7,c7 ,eligible ,indian tribe ,the term eligible ,indian tribe means an ,indian tribe that is eligible to participate in the program1 as determined under subsection 7b74 7,d7 ,funding agreement ,the term funding agreement means a funding agreement between the ,secretary and an ,indian tribe entered into under subsection 7d74 7,e7 ,indian tribe ,the term ,indian tribe means any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 or community that the ,secretary of the ,interior acknowledges to exist as an ,indian tribe under the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a74 ,in any case in which an ,indian tribe has authorized another ,indian tribe1 an intertribal consortium1 or a tribal organization to plan for or carry out programs1 services1 functions1 or activities 7or portions thereof7 on its behalf under this part1 the authorized ,indian tribe1 intertribal consortium1 or tribal organization shall have the rights and responsibilities of the authorizing ,indian tribe 7except as otherwise provided in the authorizing resolution or in this title74 ,in such event1 the term ,indian tribe as used in this part shall include such other authorized ,indian tribe1 intertribal consortium1 or tribal organization4 7,f7 ,program ,the term program means the tribal transportation self-governance program established under this section4 7,g7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7,h7 ,transportation programs ,the term transportation programs means all programs administered or financed by the ,department under this title and chapter #ec of title #di4 7#b7 ,applicability of other definitions ,in this section1 the definitions set forth in sections #d and #eje of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b2 #deh;aaa7 apply1 except as otherwise expressly provided in this section4 7n7 ,regulations 7#a7 ,in general 7,a7 ,promulgation ,not later than #ij days after the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae1 the ,secretary shall initiate procedures under subchapter ,,iii of chapter #e of title #e to negotiate and promulgate such regulations as are necessary to carry out this section4 7,b7 ,publication of proposed regulations ,proposed regulations to implement this section shall be published in the ,federal ,register by the ,secretary not later than #ba months after such date of enactment4 7,c7 ,expiration of authority ,the authority to promulgate regulations under paragraph 7#a7 shall expire #cj months after such date of enactment4 7,d7 ,extension of deadlines ,a deadline set forth in paragraph 7#a77;,b7 or 7#a77;,c7 may be extended up to #ahj days if the negotiated rulemaking committee referred to in paragraph 7#b7 concludes that the committee cannot meet the deadline and the ,secretary so notifies the appropriate committees of ,congress4 7#b7 ,committee 7,a7 ,in general ,a negotiated rulemaking committee established pursuant to section #efe of title #e to carry out this subsection shall have as its members only ,federal and tribal government representatives1 a majority of whom shall be nominated by and be representatives of ,indian tribes with funding agreements under this title4 7,b7 ,requirements ,the committee shall confer with1 and accommodate participation by1 representatives of ,indian tribes1 inter-tribal consortia1 tribal organizations1 and individual tribal members4 7,c7 ,adaptation of procedures ,the ,secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the ,united ,states and ,indian tribes4 7#c7 ,effect ,the lack of promulgated regulations shall not limit the effect of this section4 7#d7 ,effect of circulars1 policies1 manuals1 guidance1 and rules ,unless expressly agreed to by the participating ,indian tribe in the compact or funding agreement1 the participating ,indian tribe shall not be subject to any agency circular1 policy1 manual1 guidance1 or rule adopted by the ,department1 except regulations promulgated under this section4 4 7b7 ,clerical amendment ,the analysis for such chapter is amended by inserting after the item relating to section #bjf the following3 #bjg4 ,tribal transportation self-governance program4 4 #aaag4 ,emergency relief 7a7 ,eligibility ,section #abe7;d77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7 by striking or at the end2 7#b7 in subparagraph 7,b7 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,c7 projects eligible for assistance under this section located on ,federal lands transportation facilities or other federally owned roads that are open to public travel 7as defined in subsection 7e774 4 7b7 ,definitions ,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 subsection1 the following definitions apply3 7,a7 ,open to public travel ,the term open to public travel means1 with respect to a road1 that1 except during scheduled periods1 extreme weather conditions1 or emergencies1 the road-- 7i7 is maintained2 7ii7 is open to the general public2 and 7iii7 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 registration4 7,b7 ,standard passenger vehicle ,the term standard passenger vehicle means a vehicle with #f inches of clearance from the lowest point of the frame1 body1 suspension1 or differential to the ground4 4 #aaah4 ,highway use tax evasion projects ,section #adc7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#b77;,a7 and inserting the following3 7,a7 ,in general ,from administrative funds made available under section #ajd7;a71 the ,secretary may deduct such sums as are necessary1 not to exceed #f1jjj1jjj for each of fiscal years #bjaf through #bjba1 to carry out this section4 2 7#b7 in the heading for paragraph 7#h7 by inserting block grant after surface transportation2 and 7#c7 in paragraph 7#i7 by inserting 1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,environment and ,public ,works of the ,senate after the ,secretary4 #aaai4 ,bundling of bridge projects ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#b77;,a7 by striking the natural condition of the bridge and inserting the natural condition of the water2 7#b7 by redesignating subsection 7j7 as subsection 7k72 7#c7 by inserting after subsection 7i7 the following3 7j7 ,bundling of bridge projects 7#a7 ,purpose ,the purpose of this subsection is to save costs and time by encouraging ,states to bundle multiple bridge projects as #a project4 7#b7 ,eligible entity defined ,in this subsection1 the term eligible entity means an entity eligible to carry out a bridge project under section #aai or #acc4 7#c7 ,bundling of bridge projects ,an eligible entity may bundle #b or more similar bridge projects that are-- 7,a7 eligible projects under section #aai or #acc2 7,b7 included as a bundled project in a transportation improvement program under section #acd7;j7 or a statewide transportation improvement program under section #ace1 as applicable2 and 7,c7 awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and an eligible entity4 7#d7 ,itemization ,notwithstanding any other provision of law 7including regulations71 a bundling of bridge projects under this subsection may be listed as-- 7,a7 #a project for purposes of sections #acd and #ace2 and 7,b7 a single project within the applicable bundle4 7#e7 ,financial characteristics ,projects bundled under this subsection shall have the same financial characteristics1 including-- 7,a7 the same funding category or subcategory2 and 7,b7 the same ,federal share4 7#f7 ,engineering cost reimbursement ,the provisions of section #ajb7;b7 do not apply to projects carried out under this subsection4 2 and 7#d7 in subsection 7k77#b71 as redesignated by paragraph 7#b7 of this section1 by striking #ajd7;b77#c7 and inserting #ajd7;b77#b74 #aabj4 ,tribal ,high ,priority ,projects program ,section #aabc7;h77#a7 of ,,map-#ba 7#bc ,u4,s4,c4 #bjb note7 is amended by striking fiscal years and all that follows through the period at the end and inserting fiscal years #bjaf through #bjba44 #aaba4 ,construction of ferry boats and ferry terminal facilities ,section #adg7;e7 of title #bc1 ,united ,states ,code1 is amended by striking #bjac and #bjad and inserting #bjaf through #bjba4 ,b ,planning and ,performance ,management #abja4 ,metropolitan transportation planning ,section #acd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#b71 by striking and bicycle transportation facilities and inserting 1 bicycle transportation facilities1 and intermodal facilities that support intercity transportation1 including intercity buses and intercity bus facilities2 7#b7 in subsection 7d7-- 7,a7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#d7 through 7#g71 respectively2 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,representation 7,a7 ,in general ,designation or selection of officials or representatives under paragraph 7#b7 shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization4 7,b7 ,public transportation representative ,subject to the bylaws or enabling statute of the metropolitan planning organization1 a representative of a provider of public transportation may also serve as a representative of a local municipality4 7,c7 ,powers of certain officials ,an official described in paragraph 7#b77;,b7 shall have responsibilities1 actions1 duties1 voting rights1 and any other authority commensurate with other officials described in paragraph 7#b74 2 and 7,c7 in paragraph 7#e7 as so redesignated by striking paragraph 7#e7 and inserting paragraph 7#f72 7#c7 in subsection 7e77#d77;,b71 by striking subsection 7d77#e7 and inserting subsection 7d77#f72 7#d7 in subsection 7g77#c77;,a71 by inserting tourism1 natural disaster risk reduction1 after economic development12 7#e7 in subsection 7h7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,g71 by striking and at the end2 7ii7 in subparagraph 7,h7 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,i7 improve the reliance and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation2 and 7,j7 enhance travel and tourism4 2 and 7,b7 in paragraph 7#b77;,a7 by striking and in section #ecja7;c7 of title #di and inserting and the general purposes described in section #ecja of title #di2 7#f7 in subsection 7i7-- 7,a7 in paragraph 7#b77;,a77i7 by striking transit1 and inserting public transportation facilities1 intercity bus facilities12 7,b7 in paragraph 7#f77;,a7-- 7i7 by inserting public ports1 before freight shippers12 and 7ii7 by inserting 7including intercity bus operators1 employer-based commuting programs1 such as a carpool program1 vanpool program1 transit benefit program1 parking cash-out program1 shuttle program1 or telework program7 after private providers of transportation2 and 7,c7 in paragraph 7#h7 by striking paragraph 7#b77;,c7 and inserting paragraph 7#b77;,e7 each place it appears2 7#g7 in subsection 7k77#c7-- 7,a7 in subparagraph 7,a7 by inserting 7including intercity bus operators1 employer-based commuting programs such as a carpool program1 vanpool program1 transit benefit program1 parking cash-out program1 shuttle program1 or telework program71 job access projects1 after reduction2 and 7,b7 by adding at the end the following3 7,c7 ,congestion management plan ,a metropolitan planning organization with a transportation management area may develop a plan that includes projects and strategies that will be considered in the ,,tip of such metropolitan planning organization4 ,such plan shall-- 7i7 develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households2 7ii7 identify existing public transportation services1 employer-based commuter programs1 and other existing transportation services that support access to jobs in the region2 and 7iii7 identify proposed projects and programs to reduce congestion and increase job access opportunities4 7,d7 ,participation ,in developing the plan under subparagraph 7,c71 a metropolitan planning organization shall consult with employers1 private and nonprofit providers of public transportation1 transportation management organizations1 and organizations that provide job access reverse commute projects or job-related services to low-income individuals4 2 7#h7 in subsection 7l7-- 7,a7 by adding a period at the end of paragraph 7#a72 and 7,b7 in paragraph 7#b77;,d7 by striking of less than #bjj1jjj and inserting with a population of #bjj1jjj or less2 7#i7 in subsection 7n77#a7 by inserting #di after chapter #ec of title2 and 7#aj7 in subsection 7p7 by striking ,funds set aside under section #ajd7;f7 and inserting ,funds apportioned under section #ajd7;b77#e74 #abjb4 ,statewide and nonmetropolitan transportation planning ,section #ace of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b7 by striking and bicycle transportation facilities and inserting1 1 bicycle transportation facilities1 and intermodal facilities that support intercity transportation1 including intercity buses and intercity bus facilities2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,g7 by striking and at the end2 7ii7 in subparagraph 7,h7 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,i7 improve the reliance and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation2 and 7,j7 enhance travel and tourism4 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7 by striking and in section #ecja7;c7 of title #di and inserting and the general purposes described in section #ecja of title #di2 7ii7 in subparagraph 7,b77ii7 by striking urbanized2 and 7iii7 in subparagraph 7,c7 by striking urbanized2 and 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#c77;,a77ii7-- 7i7 by inserting public ports1 before freight shippers12 and 7ii7 by inserting 7including intercity bus operators1 employer-based commuting programs1 such as a carpool program1 vanpool program1 transit benefit program1 parking cash-out program1 shuttle program1 or telework program7 after private providers of transportation2 and 7,b7 in paragraph 7#g71 in the matter preceding subparagraph 7,a71 by striking should and inserting shall4 ,c ,acceleration of ,project ,delivery #acja4 ,satisfaction of requirements for certain historic sites 7a7 ,highways ,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-- 7,a7 align1 to the maximum extent practicable1 with the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dbca et seq47 and section #cjfajh of title #ed1 including implementing regulations2 and 7,b7 not later than #ij days after the date of enactment of this subsection1 coordinate with the ,secretary of the ,interior and the ,executive ,director of the ,advisory ,council on ,historic ,preservation 7referred to in this subsection as the ,council7 to establish procedures to satisfy the requirements described in subparagraph 7,a7 7including regulations74 7#b7 ,avoidance alternative analysis 7,a7 ,in general ,if1 in an analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dbca et seq471 the ,secretary determines that there is no feasible or prudent alternative to avoid use of a historic site1 the ,secretary may-- 7i7 include the determination of the ,secretary in the analysis required under that ,act2 7ii7 provide a notice of the determination to-- 7,i7 each applicable ,state historic preservation officer and tribal historic preservation officer2 7,,ii7 the ,council1 if the ,council is participating in the consultation process under section #cjfajh of title #ed2 and 7,,iii7 the ,secretary of the ,interior2 and 7iii7 request from the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior a concurrence that the determination is sufficient to satisfy the requirement of subsection 7a77#a74 7,b7 ,concurrence ,if the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior each provide a concurrence requested under subparagraph 7,a77iii71 no further analysis under subsection 7a77#a7 shall be required4 7,c7 ,publication ,a notice of a determination1 together with each relevant concurrence to that determination1 under subparagraph 7,a7 shall be-- 7i7 included in the record of decision or finding of no significant impact of the ,secretary2 and 7ii7 posted on an appropriate ,federal ,web site by not later than #c days after the date of receipt by the ,secretary of all concurrences requested under subparagraph 7,a77iii74 7#c7 ,aligning historical reviews 7,a7 ,in general ,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 paragraph 7#b71 the ,secretary may provide to the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior notice of the intent of the ,secretary to satisfy the requirements of subsection 7a77#b7 through the consultation requirements of section #cjfajh of title #ed4 7,b7 ,satisfaction of conditions ,to satisfy the requirements of subsection 7a77#b71 each individual described in paragraph 7#b77;,a77ii7 shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section #cjfajh of title #ed4 4 7b7 ,public transportation ,section #cjc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,satisfaction of requirements for certain historic sites 7#a7 ,in general ,the ,secretary shall-- 7,a7 align1 to the maximum extent practicable1 the requirements of this section with the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dbca et seq47 and section #cjfajh of title #ed1 including implementing regulations2 and 7,b7 not later than #ij days after the date of enactment of this subsection1 coordinate with the ,secretary of the ,interior and the ,executive ,director of the ,advisory ,council on ,historic ,preservation 7referred to in this subsection as the ,council7 to establish procedures to satisfy the requirements described in subparagraph 7,a7 7including regulations74 7#b7 ,avoidance alternative analysis 7,a7 ,in general ,if1 in an analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dbca et seq471 the ,secretary determines that there is no feasible or prudent alternative to avoid use of a historic site1 the ,secretary may-- 7i7 include the determination of the ,secretary in the analysis required under that ,act2 7ii7 provide a notice of the determination to-- 7,i7 each applicable ,state historic preservation officer and tribal historic preservation officer2 7,,ii7 the ,council1 if the ,council is participating in the consultation process under section #cjfajh of title #ed2 and 7,,iii7 the ,secretary of the ,interior2 and 7iii7 request from the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior a concurrence that the determination is sufficient to satisfy the requirement of subsection 7c77#a74 7,b7 ,concurrence ,if the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior each provide a concurrence requested under subparagraph 7,a77iii71 no further analysis under subsection 7a77#a7 shall be required4 7,c7 ,publication ,a notice of a determination1 together with each relevant concurrence to that determination1 under subparagraph 7,a7 shall be-- 7i7 included in the record of decision or finding of no significant impact of the ,secretary2 and 7ii7 posted on an appropriate ,federal ,web site by not later than #c days after the date of receipt by the ,secretary of all concurrences requested under subparagraph 7,a77iii74 7#c7 ,aligning historical reviews 7,a7 ,in general ,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 paragraph 7#b71 the ,secretary may provide to the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior notice of the intent of the ,secretary to satisfy the requirements of subsection 7c77#b7 through the consultation requirements of section #cjfajh of title #ed4 7,b7 ,satisfaction of conditions ,to satisfy the requirements of subsection 7c77#b71 the applicable preservation officer1 the ,council1 and the ,secretary of the ,interior shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section #cjfajh of title #ed4 4 #acjb4 ,treatment of improvements to rail and transit under preservation requirements 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 7d7 ,rail and transit 7#a7 ,in general ,improvements to1 or the maintenance1 rehabilitation1 or operation of1 railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a 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 7#b7 ,exceptions 7,a7 ,in general ,paragraph 7#a7 shall not apply to-- 7i7 stations2 or 7ii7 bridges or tunnels located on-- 7,i7 railroad lines that have been abandoned2 or 7,,ii7 transit lines that are not in use4 7,b7 ,clarification with respect to certain bridges and tunnels ,the bridges and tunnels referred to in subparagraph 7,a77ii7 do not include bridges or tunnels located on railroad or transit lines-- 7i7 over which service has been discontinued2 or 7ii7 that have been railbanked or otherwise reserved for the transportation of goods or passengers4 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 in the matter preceding paragraph 7#a71 by striking subsection 7d7 and inserting subsections 7d71 7e71 and 7f72 and 7#b7 by adding at the end the following3 7f7 ,rail and transit 7#a7 ,in general ,improvements to1 or the maintenance1 rehabilitation1 or operation of1 railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a 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 7#b7 ,exceptions 7,a7 ,in general ,paragraph 7#a7 shall not apply to-- 7i7 stations2 or 7ii7 bridges or tunnels located on-- 7,i7 railroad lines that have been abandoned2 or 7,,ii7 transit lines that are not in use4 7,b7 ,clarification with respect to certain bridges and tunnels ,the bridges and tunnels referred to in subparagraph 7,a77ii7 do not include bridges or tunnels located on railroad or transit lines-- 7i7 over which service has been discontinued2 or 7ii7 that have been railbanked or otherwise reserved for the transportation of goods or passengers4 4 #acjc4 ,clarification of transportation environmental authorities 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 ,references to past transportation environmental authorities 7#a7 ,section #d7;f7 requirements ,the requirements of this section are commonly referred to as section #d7;f7 requirements 7see section #d7;f7 of the ,department of ,transportation ,act 7,public ,law #hi-fgj2 #hj ,stat4 #icd7 as in effect before the repeal of that section74 7#b7 ,section #ajf requirements ,the requirements of section #cjfajh of title #ed are commonly referred to as section #ajf requirements 7see section #ajf of the ,national ,historic ,preservation ,act of #aiff 7,public ,law #hi-ffe2 #hj ,stat4 #iae7 as in effect before the repeal of that section74 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 ,references to past transportation environmental authorities 7#a7 ,section #d7;f7 requirements ,the requirements of this section are commonly referred to as section #d7;f7 requirements 7see section #d7;f7 of the ,department of ,transportation ,act 7,public ,law #hi-fgj2 #hj ,stat4 #icd7 as in effect before the repeal of that section74 7#b7 ,section #ajf requirements ,the requirements of section #cjfajh of title #ed are commonly referred to as section #ajf requirements 7see section #ajf of the ,national ,historic ,preservation ,act of #aiff 7,public ,law #hi-ffe2 #hj ,stat4 #iae7 as in effect before the repeal of that section74 4 #acjd4 ,treatment of certain bridges under preservation requirements 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 7f7 ,bridge exemption ,a common post-#aide concrete or steel bridge or culvert that is exempt from individual review under section #cjfajh of title #ed 7as described in #gg ,fed4 ,reg4 #fhgij7 shall be treated under this section as having a de minimis impact on an area4 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 7h7 ,bridge exemption ,a common post-#aide concrete or steel bridge or culvert that is exempt from individual review under section #cjfajh of title #ed 7as described in #gg ,fed4 ,reg4 #fhgij7 shall be treated under this section as having a de minimis impact on an area4 4 #acje4 ,efficient environmental reviews for project decisionmaking 7a7 ,definitions ,section #aci7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,multimodal project ,the term multimodal project means a project that requires the approval of more than #a ,department of ,transportation operating administration or secretarial office4 2 7#b7 by adding at the end the following3 7#i7 ,substantial deference ,the term substantial deference means deference by a participating agency to the recommendations and decisions of the lead agency unless it is not possible to defer without violating the participating agency's statutory responsibilities4 4 7b7 ,applicability ,section #aci7;b77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7 in the matter preceding clause 7i7 by striking initiate a rulemaking to2 and 7#b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,requirements ,in carrying out subparagraph 7,a71 the ,secretary shall ensure that programmatic reviews-- 7i7 promote transparency1 including the transparency of-- 7,i7 the analyses and data used in the environmental reviews2 7,,ii7 the treatment of any deferred issues raised by agencies or the public2 and 7,,iii7 the temporal and spatial scales to be used to analyze issues under subclauses 7,i7 and 7,,ii72 7ii7 use accurate and timely information1 including through establishment of-- 7,i7 criteria for determining the general duration of the usefulness of the review2 and 7,,ii7 a timeline for updating an out-of-date review2 7iii7 describe-- 7,i7 the relationship between any programmatic analysis and future tiered analysis2 and 7,,ii7 the role of the public in the creation of future tiered analysis2 7iv7 are available to other relevant ,federal and ,state agencies1 ,indian tribes1 and the public2 and 7v7 provide notice and public comment opportunities consistent with applicable requirements4 4 7c7 ,federal lead agency ,section #aci7;c77#a77;,a7 of title #bc1 ,united ,states ,code1 is amended by inserting 1 or an operating administration thereof designated by the ,secretary1 after ,department of ,transportation4 7d7 ,participating agencies 7#a7 ,invitation ,section #aci7;d77#b7 of title #bc1 ,united ,states ,code1 is amended by striking ,the lead agency shall identify1 as early as practicable in the environmental review process for a project1 and inserting ,not later than #de days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment1 the lead agency shall identify4 7#b7 ,single ,,nepa document ,section #aci7;d7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#h7 ,single ,,nepa document 7,a7 ,in general ,except as inconsistent with paragraph 7#g71 to the maximum extent practicable and consistent with ,federal law1 all ,federal permits and reviews for a project shall rely on a single environment document prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 under the leadership of the lead agency4 7,b7 ,use of document 7i7 ,in general ,to the maximum extent practicable1 the lead agency shall develop an environmental document sufficient to satisfy the requirements for any ,federal approval or other ,federal action required for the project1 including permits issued by other ,federal agencies4 7ii7 ,cooperation of participating agencies ,other participating agencies shall cooperate with the lead agency and provide timely information to help the lead agency carry out this subparagraph4 7,c7 ,treatment as participating and cooperating agencies ,a ,federal agency required to make an approval or take an action for a project1 as described in subparagraph 7,b71 shall work with the lead agency for the project to ensure that the agency making the approval or taking the action is treated as being both a participating and cooperating agency for the project4 4 7e7 ,project initiation ,section #aci7;e7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,environmental checklist 7,a7 ,development ,the lead agency for a project1 in consultation with participating agencies1 shall develop1 as appropriate1 a checklist to help project sponsors identify potential natural1 cultural1 and historic resources in the area of the project4 7,b7 ,purpose ,the purposes of the checklist are-- 7i7 to identify agencies and organizations that can provide information about natural1 cultural1 and historic resources2 7ii7 to develop the information needed to determine the range of alternatives2 and 7iii7 to improve interagency collaboration to help expedite the permitting process for the lead agency and participating agencies4 4 7f7 ,purpose and need ,section #aci7;f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading by inserting 2 ,alternatives ,analysis after ,need2 7#b7 in paragraph 7#d7-- 7,a7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,participation 7i7 ,in general ,as early as practicable during the environmental review process1 the lead agency shall seek the involvement of participating agencies and the public for the purpose of reaching agreement early in the environmental review process on a reasonable range of alternatives that will satisfy all subsequent ,federal environmental review and permit requirements4 7ii7 ,comments of participating agencies ,to the maximum extent practicable and consistent with applicable law1 each participating agency receiving an opportunity for involvement under clause 7i7 shall-- 7,i7 limit the agency's comments to subject matter areas within the agency's special expertise or jurisdiction2 and 7,,ii7 afford substantial deference to the range of alternatives recommended by the lead agency4 7iii7 ,effect of nonparticipation ,a participating agency that declines to participate in the development of the purpose and need and reasonable range of alternatives for a project shall be required to comply with the schedule developed under subsection 7g77#a77;,b74 2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking ,following participation under paragraph 7#a7 and inserting the following3 7i7 ,determination ,following participation under subparagraph 7,a7 2 and 7ii7 by adding at the end the following3 7ii7 ,use ,to the maximum extent practicable and consistent with ,federal law1 the range of alternatives determined for a project under clause 7i7 shall be used for all ,federal environmental reviews and permit processes required for the project unless the alternatives must be modified-- 7,i7 to address significant new information or circumstances1 and the lead agency and participating agencies agree that the alternatives must be modified to address the new information or circumstances2 or 7,,ii7 for the lead agency or a participating agency to fulfill its responsibilities under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 in a timely manner4 4 7g7 ,coordination and ,scheduling 7#a7 ,coordination plan ,section #aci7;g77#a7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a7 by striking ,the lead agency and inserting ,not later than #ij days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment1 the lead agency2 and 7,b7 in subparagraph 7,b77i7 by striking may establish and inserting shall establish4 7#b7 ,deadlines for decisions under other laws ,section #aci7;g77#c7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#c7 ,deadlines for decisions under other laws 7,a7 ,in general ,in any case in which a decision under any ,federal law relating to a project 7including the issuance or denial of a permit or license7 is required by law1 regulation1 or ,executive order to be made after the date on which the lead agency has issued a categorical exclusion1 finding of no significant impact1 or record of decision with respect to the project1 any such later decision shall be made or completed by the later of-- 7i7 the date that is #ahj days after the lead agency's final decision has been made2 or 7ii7 the date that is #ahj days after the date on which a completed application was submitted for the permit or license4 7,b7 ,treatment of delays ,following the deadline established by subparagraph 7,a71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate1 and publish on the ,department's ,internet ,web site-- 7i7 as soon as practicable after the #ahj-;day period1 an initial notice of the failure of the ,federal agency to make the decision2 and 7ii7 every #fj days thereafter1 until such date as all decisions of the ,federal agency relating to the project have been made by the ,federal agency1 an additional notice that describes the number of decisions of the ,federal agency that remain outstanding as of the date of the additional notice4 4 7#c7 ,adoption of documents2 accelerated decisionmaking in environmental reviews 7,a7 ,in general ,section #aci7;g7 of title #bc1 ,united ,states ,code1 is amended-- 7i7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7ii7 by inserting after paragraph 7#c7 the following3 7#d7 ,accelerated decisionmaking in environmental reviews 7,a7 ,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 lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response1 the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement1 subject to the condition that the errata sheets-- 7i7 cite the sources1 authorities1 and reasons that support the position of the agency2 and 7ii7 if appropriate1 indicate the circumstances that would trigger agency reappraisal or further response4 7,b7 ,single document ,to the maximum extent practicable1 the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision1 unless-- 7i7 the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns2 or 7ii7 there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action4 4 7,b7 ,conforming amendment ,section #acai of ,,map-#ba 7#db ,u4,s4,c4 #dccb;a71 and the item relating to that section in the table of contents contained in section #a7;c7 of that ,act1 are repealed4 7h7 ,issue identification and resolution 7#a7 ,issue resolution ,section #aci7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by redesignating paragraphs 7#d7 through 7#g7 as paragraphs 7#e7 through 7#h71 respectively2 and 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 ,issue resolution ,any issue resolved by the lead agency and participating agencies may not be reconsidered unless significant new information or circumstances arise4 4 7#b7 ,failure to assure ,section #aci7;h77#e77;,c7 of title #bc1 ,united ,states ,code1 7as redesignated by paragraph 7#a77;,a7 of this subsection7 is amended by striking paragraph 7#e7 and and inserting paragraph 7#f74 7#c7 ,accelerated issue resolution and referral ,section #aci7;h77#f7 of title #bc1 ,united ,states ,code1 7as redesignated by paragraph 7#a77;,a7 of this subsection7 is amended by striking subparagraph 7,c7 and inserting the following3 7,c7 ,referral to ,council on ,environmental ,quality 7i7 ,in general ,if issue resolution for a project is not achieved on or before the #cjth day after the date of a meeting under subparagraph 7,b71 the ,secretary shall refer the matter to the ,council on ,environmental ,quality4 7ii7 ,meeting ,not later than #cj days after the date of receipt of a referral from the ,secretary under clause 7i71 the ,council on ,environmental ,quality shall hold an issue resolution meeting with-- 7,i7 the head of the lead agency2 7,,ii7 the heads of relevant participating agencies2 and 7,,iii7 the project sponsor 7including the ,governor only if the initial issue resolution meeting request came from the ,governor74 7iii7 ,resolution ,the ,council on ,environmental ,quality shall work with the lead agency1 relevant participating agencies1 and the project sponsor until all issues are resolved4 4 7#d7 ,financial penalty provisions ,section #aci7;h77#g77;,b77i77,i7 of title #bc1 ,united ,states ,code1 7as redesignated by paragraph 7#a77;,a7 of this subsection7 is amended by striking under section #ajf7;i7 is required and inserting is required under subsection 7h7 or 7i7 of section #ajf4 7i7 ,assistance to affected ,state and ,federal agencies 7#a7 ,in general ,section #aci7;j77#a7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#a7 ,in general 7,a7 ,authority to provide funds ,the ,secretary may allow a public entity receiving financial assistance from the ,department of ,transportation under this title or chapter #ec of title #di to provide funds to ,federal agencies 7including the ,department71 ,state agencies1 and ,indian tribes participating in the environmental review process for the project or program4 7,b7 ,use of funds ,funds referred to in subparagraph 7,a7 may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes1 including planning1 approval1 and consultation processes for the project or program4 4 7#b7 ,activities eligible for funding ,section #aci7;j77#b7 of title #bc1 ,united ,states ,code1 is amended by inserting activities directly related to the environmental review process1 before dedicated staffing14 7#c7 ,agreement ,section #aci7;j77#f7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#f7 ,agreement ,prior to providing funds approved by the ,secretary for dedicated staffing at an affected agency under paragraphs 7#a7 and 7#b71 the affected agency and the requesting public entity shall enter into an agreement that establishes the projects and priorities to be addressed by the use of the funds4 4 7j7 ,implementation of programmatic compliance 7#a7 ,rulemaking ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall complete a rulemaking to implement the provisions of section #aci7;b77#c7 of title #bc1 ,united ,states ,code1 as amended by this section4 7#b7 ,consultation ,before initiating the rulemaking under paragraph 7#a71 the ,secretary shall consult with relevant ,federal agencies1 relevant ,state resource agencies1 ,state departments of transportation1 ,indian tribes1 and the public on the appropriate use and scope of the programmatic approaches4 7#c7 ,requirements ,in carrying out this subsection1 the ,secretary shall ensure that the rulemaking meets the requirements of section #aci7;b77#c77;,b7 of title #bc1 ,united ,states ,code1 as amended by this section4 7#d7 ,comment period ,the ,secretary shall-- 7,a7 allow not fewer than #fj days for public notice and comment on the proposed rule2 and 7,b7 address any comments received under this subsection4 #acjf4 ,improving transparency in environmental reviews 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 maintain and use a searchable ,internet ,web site-- 7,a7 to make publicly available the status and progress of projects1 as defined in section #aci of title #bc1 ,united ,states ,code1 requiring an environmental assessment or an environmental impact statement with respect to compliance with applicable requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any other ,federal1 ,state1 or local approval required for such projects2 and 7,b7 to make publicly available the names of participating agencies not participating in the development of a project purpose and need and range of alternatives under section #aci7;f7 of title #bc1 ,united ,states ,code2 and 7#b7 in coordination with agencies described in subsection 7b7 and ,state agencies1 issue reporting standards to meet the requirements of paragraph 7#a74 7b7 ,federal1 ,state1 and local agency participation ,a ,federal1 ,state1 or local agency participating in the environmental review or permitting process for a project1 as defined in section #aci of title #bc1 ,united ,states ,code1 shall provide to the ,secretary information regarding the status and progress of the approval of the project for publication on the ,internet ,web site maintained under subsection 7a71 consistent with the standards established under subsection 7a74 7c7 ,states with delegated authority ,a ,state with delegated authority for responsibilities under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 pursuant to section #cbg of title #bc1 ,united ,states ,code1 shall be responsible for supplying project development and compliance status to the ,secretary for all applicable projects4 #acjg4 ,integration of planning and environmental review 7a7 ,definitions ,section #afh7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,environmental review process ,the term environmental review process has the meaning given that term in section #aci7;a74 2 7#b7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,lead agency ,the term lead agency has the meaning given that term in section #aci7;a74 2 and 7#d7 by striking paragraph 7#c7 7as redesignated by paragraph 7#b7 of this subsection7 and inserting the following3 7#c7 ,planning product ,the term planning product means a decision1 analysis1 study1 or other documented information that is the result of an evaluation or decisionmaking process carried out by a metropolitan planning organization or a ,state1 as appropriate1 during metropolitan or statewide transportation planning under section #acd or section #ace1 respectively4 4 7b7 ,adoption of ,planning ,products for ,use in ,,nepa ,proceedings ,section #afh7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading by inserting or ,incorporation by ,reference after ,adoption2 7#b7 in paragraph 7#a7 by striking the ,federal lead agency for a project may adopt and inserting and to the maximum extent practicable and appropriate1 the lead agency for a project may adopt or incorporate by reference2 7#c7 by striking paragraph 7#b7 and redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 7#d7 by striking paragraph 7#b7 7as so redesignated7 and inserting the following3 7#b7 ,partial adoption or incorporation by reference of planning products ,the lead agency may adopt or incorporate by reference a planning product under paragraph 7#a7 in its entirety or may select portions for adoption or incorporation by reference4 2 and 7#e7 in paragraph 7#c7 7as so redesignated7 by inserting or incorporation by reference after adoption4 7c7 ,applicability 7#a7 ,planning decisions ,section #afh7;c77#a7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in the matter preceding subparagraph 7,a7 by striking adopted and inserting adopted or incorporated by reference by the lead agency2 7,b7 by redesignating subparagraphs 7,a7 through 7,e7 as subparagraphs 7,b7 through 7,f71 respectively2 7,c7 by inserting before subparagraph 7,b7 7as so redesignated7 the following3 7,a7 the project purpose and need2 2 7,d7 by striking subparagraph 7,b7 7as so redesignated7 and inserting the following3 7,b7 the preliminary screening of alternatives and elimination of unreasonable alternatives2 2 7,e7 in subparagraph 7,c7 7as so redesignated7 by inserting and general travel corridor after modal choice2 7,f7 in subparagraph 7,e7 7as so redesignated7 by striking and at the end2 7,g7 in subparagraph 7,f7 7as so redesignated7-- 7i7 in the matter preceding clause 7i7 by striking potential impacts and all that follows through resource agencies1 and inserting potential impacts of a project1 including a programmatic mitigation plan developed in accordance with section #afi1 that the lead agency2 and 7ii7 in clause 7ii7 by striking the period at the end and inserting 2 and2 and 7,h7 by adding at the end the following3 7,g7 whether tolling1 private financial assistance1 or other special financial measures are necessary to implement the project4 4 7#b7 ,planning analyses ,section #afh7;c77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in the matter preceding subparagraph 7,a7 by striking adopted and inserting adopted or incorporated by reference by the lead agency2 7,b7 in subparagraph 7,g7-- 7i7 by inserting direct1 indirect1 and before cumulative effects2 and 7ii7 by striking 1 identified as a result of a statewide or regional cumulative effects assessment2 and 7,c7 in subparagraph 7,h7-- 7i7 by striking proposed action and inserting proposed project2 and 7ii7 by striking ,federal lead agency and inserting lead agency4 7d7 ,conditions ,section #afh7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a7 by striking ,adoption and use and all that follows through ,federal lead agency1 that and inserting ,the lead agency in the environmental review process may adopt or incorporate by reference and use a planning product under this section if the lead agency determines that2 7#b7 in paragraph 7#b7 by striking by engaging in active consultation and inserting in consultation2 7#c7 by striking paragraphs 7#d7 and 7#e7 and inserting the following3 7#d7 ,the planning process included public notice that the planning products may be adopted or incorporated by reference during a subsequent environmental review process in accordance with this section4 7#e7 ,during the environmental review process1 but prior to determining whether to rely on and use the planning product1 the lead agency has-- 7,a7 made the planning documents available for review and comment by members of the general public and ,federal1 ,state1 local1 and tribal governments that may have an interest in the proposed action2 7,b7 provided notice of the lead agency's intent to adopt the planning product or incorporate the planning product by reference2 and 7,c7 considered any resulting comments4 2 7#d7 in paragraph 7#i7-- 7,a7 by inserting or incorporation by reference after adoption2 and 7,b7 by inserting and is sufficient to meet the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 after for the project2 and 7#e7 in paragraph 7#aj7 by striking not later than #e years prior to date on which the information is adopted and inserting within the #e-year period ending on the date on which the information is adopted or incorporated by reference4 7e7 ,effect of adoption or incorporation by reference ,section #afh7;e7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading by inserting or ,incorporation by ,reference after ,adoption2 and 7#b7 by striking adopted by the ,federal lead agency and inserting adopted or incorporated by reference by the lead agency4 #acjh4 ,development of programmatic mitigation plans ,section #afi7;f7 of title #bc1 ,united ,states ,code1 is amended by striking may use and inserting shall give substantial weight to4 #acji4 ,delegation of authorities 7a7 ,in general ,the ,secretary shall use the authority under section #ajf7;c7 of title #bc1 ,united ,states ,code1 to the maximum extent practicable1 to delegate responsibility to the ,states for project design1 plans1 specifications1 estimates1 contract awards1 and inspection of projects1 on both a project-specific and programmatic basis4 7b7 ,submission of recommendations ,not later than #ah months after the date of enactment of this ,act1 the ,secretary1 in cooperation with the ,states1 shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate recommendations for legislation to permit the delegation of additional authorities to the ,states1 including with respect to real estate acquisition and project design4 #acaj4 ,categorical exclusion for projects of limited ,federal assistance 7a7 ,adjustment for inflation ,section #acag of ,,map-#ba 7#bc ,u4,s4,c4 #aji note7 is amended-- 7#a7 in paragraph 7#a77;,a7 by inserting 7as adjusted annually by the ,secretary to reflect any increases in the ,consumer ,price ,index prepared by the ,department of ,labor7 after #e1jjj1jjj2 and 7#b7 in paragraph 7#a77;,b7 by inserting 7as adjusted annually by the ,secretary to reflect any increases in the ,consumer ,price ,index prepared by the ,department of ,labor7 after #cj1jjj1jjj4 7b7 ,retroactive application ,the first adjustment made pursuant to the amendments made by subsection 7a7 shall-- 7#a7 be carried out not later than #fj days after the date of enactment of this ,act2 and 7#b7 reflect the increase in the ,consumer ,price ,index since ,july #a1 #bjab4 #acaa4 ,application of categorical exclusions for multimodal projects ,section #cjd of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking operating authority that and inserting operating administration or secretarial office that has expertise but2 and 7ii7 by inserting proposed multimodal after with respect to a2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,lead authority ,the term lead authority means a ,department of ,transportation operating administration or secretarial office that has the lead responsibility for compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to a proposed multimodal project4 2 7#b7 in subsection 7b7 by inserting or title #bc after under this title2 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,application of ,categorical ,exclusions for ,multimodal ,projects ,in considering the environmental impacts of a proposed multimodal project1 a lead authority may apply categorical exclusions designated under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 in implementing regulations or procedures of a cooperating authority for a proposed multimodal project1 subject to the conditions that-- 7#a7 the lead authority makes a determination1 with the concurrence of the cooperating authority-- 7,a7 on the applicability of a categorical exclusion to a proposed multimodal project2 and 7,b7 that the project satisfies the conditions for a categorical exclusion under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and this section2 7#b7 the lead authority follows the cooperating authority's implementing regulations or procedures under such ,act2 and 7#c7 the lead authority determines that-- 7,a7 the proposed multimodal project does not individually or cumulatively have a significant impact on the environment2 and 7,b7 extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under such ,act4 2 and 7#d7 by striking subsection 7d7 and inserting the following3 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 #acab4 ,surface transportation project delivery program ,section #cbg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b77;,b77iii7 by striking 7#db ,u4,s4,c4 #ac #dcba et seq47 and inserting 7#db ,u4,s4,c4 #dcba et seq472 7#b7 in subsection 7c77#d7 by inserting reasonably before considers necessary2 7#c7 in subsection 7e7 by inserting and without further approval of after in lieu of2 7#d7 in subsection 7g7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,to ensure compliance by a ,state with any agreement of the ,state under subsection 7c7 7including compliance by the ,state with all ,federal laws for which responsibility is assumed under subsection 7a77#b771 for each ,state participating in the program under this section1 the ,secretary shall-- 7,a7 not later than #f months after execution of the agreement1 meet with the ,state to review implementation of the agreement and discuss plans for the first annual audit2 7,b7 conduct annual audits during each of the first #d years of ,state participation2 and 7,c7 ensure that the time period for completing an annual audit1 from initiation to completion 7including public comment and responses to those comments71 does not exceed #ahj days4 2 and 7,b7 by adding at the end the following3 7#c7 ,audit team ,an audit conducted under paragraph 7#a7 shall be carried out by an audit team determined by the ,secretary1 in consultation with the ,state4 ,such consultation shall include a reasonable opportunity for the ,state to review and provide comments on the proposed members of the audit team4 2 and 7#e7 by adding at the end the following3 7k7 ,capacity building ,the ,secretary1 in cooperation with representatives of ,state officials1 may carry out education1 training1 peer-exchange1 and other initiatives as appropriate-- 7#a7 to assist ,states in developing the capacity to participate in the assignment program under this section2 and 7#b7 to promote information sharing and collaboration among ,states that are participating in the assignment program under this section4 7l7 ,relationship to locally administered projects ,a ,state granted authority under this section may1 as appropriate and at the request of a local government-- 7#a7 exercise such authority on behalf of the local government for a locally administered project2 or 7#b7 provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any comparable requirements under ,state law4 4 #acac4 ,program for eliminating duplication of environmental reviews 7a7 ,purpose ,the purpose of this section is to eliminate duplication of environmental reviews and approvals under ,state and ,federal laws4 7b7 ,in general ,chapter #c of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ccj4 ,program for eliminating duplication of environmental reviews 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a pilot program to authorize ,states that are approved to participate in the program to conduct environmental reviews and make approvals for projects under ,state environmental laws and regulations instead of ,federal environmental laws and regulations1 consistent with the requirements of this section4 7#b7 ,participating ,states ,the ,secretary may select not more than #e ,states to participate in the program4 7#c7 ,alternative review and approval procedures ,in this section1 the term alternative environmental review and approval procedures means-- 7,a7 substitution of #a or more ,state environmental laws for-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7ii7 such provisions of sections #aji7;h71 #abh1 and #aci related to the application of that ,act that are under the authority of the ,secretary1 as the ,secretary1 in consultation with the ,state1 considers appropriate2 and 7iii7 related regulations and ,executive orders2 and 7,b7 substitution of #a or more ,state environmental regulations for-- 7i7 the ,national ,environmental ,policy ,act of #aifi2 7ii7 such provisions of sections #aji7;h71 #abh1 and #aci related to the application of that ,act that are under the authority of the ,secretary1 as the ,secretary1 in consultation with the ,state1 considers appropriate2 and 7iii7 related regulations and ,executive orders4 7b7 ,application ,to be eligible to participate in the program1 a ,state shall submit to the ,secretary an application containing such information as the ,secretary may require1 including-- 7#a7 a full and complete description of the proposed alternative environmental review and approval procedures of the ,state2 7#b7 each ,federal law described in subsection 7a77#c7 that the ,state is seeking to substitute2 7#c7 each ,state law and regulation that the ,state intends to substitute for such ,federal law1 ,federal regulation1 or ,executive order2 7#d7 an explanation of the basis for concluding that the ,state law or regulation is substantially equivalent to the ,federal law described in subsection 7a77#c72 7#e7 a description of the projects or classes of projects for which the ,state anticipates exercising the authority that may be granted under the program2 7#f7 verification that the ,state has the financial resources necessary to carry out the authority that may be granted under the program2 7#g7 evidence of having sought1 received1 and addressed comments on the proposed application from the public2 and 7#h7 any such additional information as the ,secretary1 or1 with respect to section 7d77#a77;,a71 the ,secretary in consultation with the ,chair1 may require4 7c7 ,review of application ,in accordance with subsection 7d71 the ,secretary shall-- 7#a7 review an application submitted under subsection 7b72 7#b7 approve or disapprove the application not later than #ij days after the date of receipt of the application2 and 7#c7 transmit to the ,state notice of the approval or disapproval1 together with a statement of the reasons for the approval or disapproval4 7d7 ,approval of application 7#a7 ,in general ,the ,secretary shall approve an application submitted under subsection 7b7 only if-- 7,a7 the ,secretary1 with the concurrence of the ,chair1 determines that the laws and regulations of the ,state described in the application are substantially equivalent to the ,federal laws that the ,state is seeking to substitute2 7,b7 the ,secretary determines that the ,state has the capacity1 including financial and personnel1 to assume the responsibility2 and 7,c7 the ,state has executed an agreement with the ,secretary1 in accordance with section #cbg1 providing for environmental review1 consultation1 or other action under ,federal environmental laws pertaining to the review or approval of a specific project4 7#b7 ,exclusion ,the ,national ,environmental ,policy ,act of #aifi shall not apply to a decision by the ,secretary to approve or disapprove an application submitted under this section4 7e7 ,judicial review 7#a7 ,in general ,the ,united ,states district courts shall have exclusive jurisdiction over any civil action against a ,state-- 7,a7 for failure of the ,state to meet the requirements of this section2 or 7,b7 if the action involves the exercise of authority by the ,state under this section and section #cbg4 7#b7 ,state jurisdiction ,a ,state court shall have exclusive jurisdiction over any civil action against a ,state if the action involves the exercise of authority by the ,state under this section not covered by paragraph 7#a74 7f7 ,election ,at its discretion1 a ,state participating in the programs under this section and section #cbg may elect to apply the ,national ,environmental ,protection ,act of #aifi instead of the ,state's alternative environmental review and approval procedures4 7g7 ,treatment of ,state laws and regulations ,to the maximum extent practicable and consistent with ,federal law1 other ,federal agencies with authority over a project subject to this section shall use documents produced by a participating ,state under this section to satisfy the requirements of the ,national ,environmental ,policy ,act of #aifi4 7h7 ,relationship to locally administered projects 7#a7 ,in general ,a ,state with an approved program under this section1 at the request of a local government1 may exercise authority under that program on behalf of up to #be local governments for locally administered projects4 7#b7 ,scope ,for up to #be local governments selected by a ,state with an approved program under this section1 the ,state shall be responsible for ensuring that any environmental review1 consultation1 or other action required under the ,national ,environmental ,policy ,act of #aifi or the ,state program1 or both1 meets the requirements of such ,act or program4 7i7 ,review and termination 7#a7 ,in general ,a ,state program approved under this section shall at all times be in accordance with the requirements of this section4 7#b7 ,review ,the ,secretary shall review each ,state program approved under this section not less than once every #e years4 7#c7 ,public notice and comment ,in conducting the review process under paragraph 7#b71 the ,secretary shall provide notice and an opportunity for public comment4 7#d7 ,withdrawal of approval ,if the ,secretary1 in consultation with the ,chair1 determines at any time that a ,state is not administering a ,state program approved under this section in accordance with the requirements of this section1 the ,secretary shall so notify the ,state1 and if appropriate corrective action is not taken within a reasonable time1 not to exceed #ij days1 the ,secretary shall withdraw approval of the ,state program4 7#e7 ,extensions and terminations ,at the conclusion of the review process under paragraph 7#b71 the ,secretary may extend for an additional #e-year period or terminate the authority of a ,state under this section to substitute that ,state's laws and regulations for ,federal laws4 7j7 ,report to ,congress ,not later than #b years after the date of enactment of this section1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that describes the administration of the program1 including-- 7#a7 the number of ,states participating in the program2 7#b7 the number and types of projects for which each ,state participating in the program has used alternative environmental review and approval procedures2 and 7#c7 any recommendations for modifications to the program4 7k7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,chair ,the term ,chair means the ,chair of the ,council on ,environmental ,quality4 7#b7 ,multimodal project ,the term multimodal project has the meaning given that term in section #aci7;a74 7#c7 ,program ,the term program means the pilot program established under this section4 7#d7 ,project ,the term project means-- 7,a7 a project requiring approval under this title1 chapter #ec of subtitle ,,iii of title #di1 or subtitle ,v of title #di2 and 7,b7 a multimodal project4 4 7c7 ,rulemaking 7#a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,chair of the ,council on ,environmental ,quality1 shall promulgate regulations to implement the requirements of section #ccj of title #bc1 ,united ,states ,code1 as added by this section4 7#b7 ,determination of substantially equivalent ,as part of the rulemaking required under this subsection1 the ,chair shall-- 7,a7 establish the criteria necessary to determine that a ,state law or regulation is substantially equivalent to a ,federal law described in section #ccj7;a77#c7 of title #bc1 ,united ,states ,code2 7,b7 ensure that such criteria1 at a minimum-- 7i7 provide for protection of the environment2 7ii7 provide opportunity for public participation and comment1 including access to the documentation necessary to review the potential impact of a project2 and 7iii7 ensure a consistent review of projects that would otherwise have been covered under ,federal law4 7d7 ,clerical amendment ,the analysis for chapter #c of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ccj4 ,program for eliminating duplication of environmental reviews4 4 #acad4 ,assessment of progress on accelerating project delivery 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall assess the progress made under this ,act1 ,,map-#ba 7,public ,law #aab-ada71 and ,,safetea-,,lu 7,public ,law #aji-ei71 including the amendments made by those ,acts1 to accelerate the delivery of ,federal-aid highway and highway safety construction projects and public transportation capital projects by streamlining the environmental review and permitting process4 7b7 ,contents ,the assessment required under subsection 7a7 shall evaluate-- 7#a7 how often the various streamlining provisions have been used2 7#b7 which of the streamlining provisions have had the greatest impact on streamlining the environmental review and permitting process2 7#c7 what1 if any1 impact streamlining of the process has had on environmental protection2 7#d7 how1 and the extent to which1 streamlining provisions have improved and accelerated the process for permitting under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and other applicable ,federal laws2 7#e7 what impact actions by the ,council on ,environmental ,quality have had on accelerating ,federal-aid highway and highway safety construction projects and public transportation capital projects2 7#f7 the number and percentage of projects that proceed under a traditional environmental assessment or environmental impact statement1 and the number and percentage of projects that proceed under categorical exclusions2 7#g7 the extent to which the environmental review and permitting process remains a significant source of project delay and the sources of delays2 and 7#h7 the costs of conducting environmental reviews and issuing permits or licenses for a project1 including the cost of contractors and dedicated agency staff4 7c7 ,recommendations ,the assessment required under subsection 7a7 shall include recommendations with respect to-- 7#a7 additional opportunities for streamlining the environmental review process1 including regulatory or statutory changes to accelerate the processes of ,federal agencies 7other than the ,department7 with responsibility for reviewing ,federal-aid highway and highway safety construction projects and public transportation capital projects without negatively impacting the environment2 and 7#b7 best practices of other ,federal agencies that should be considered for adoption by the ,department4 7d7 ,report to ,congress ,the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report containing the assessment and recommendations required under this section4 #acae4 ,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 7#a7 ,requests to provide funds ,a public entity receiving financial assistance from the ,department of ,transportation for #a or more projects1 or for a program of projects1 for a public purpose may request that the ,secretary allow the public entity to provide funds to ,federal agencies1 including the ,department1 ,state agencies1 and ,indian tribes participating in the environmental planning and review process for the project1 projects1 or program4 7#b7 ,use of funds ,the funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes1 including planning1 approval1 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 ,rulemaking 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall initiate a rulemaking to implement this section4 7#b7 ,factors ,as part of the rulemaking carried out under paragraph 7#a71 the ,secretary shall ensure-- 7,a7 to the maximum extent practicable1 that expediting and improving the process of environmental review and permitting through the use of funds accepted and expended under this section does not adversely affect the timeline for review and permitting by ,federal agencies1 ,state agencies1 or ,indian tribes of other entities that have not contributed funds under this section2 7,b7 that the use of funds accepted under this section will not impact impartial decisionmaking with respect to environmental reviews or permits1 either substantively or procedurally2 and 7,c7 that the ,secretary maintains1 and makes publicly available1 including on the ,internet1 a list of projects or programs for which such review or permits have been carried out using funds authorized under this section4 7f7 ,existing authority ,nothing in this section may be construed to conflict with section #aci7;j7 of title #bc4 4 7b7 ,conforming amendment ,the analysis for 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 reviews4 4 #acaf4 ,accelerated decisionmaking in environmental reviews 7a7 ,in general ,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 lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response1 the lead agency may write on errata sheets attached to the statement1 instead of rewriting the draft statement1 subject to the condition that the errata sheets-- 7#a7 cite the sources1 authorities1 and reasons that support the position of the agency2 and 7#b7 if appropriate1 indicate the circumstances that would trigger agency reappraisal or further response4 7b7 ,single document ,to the maximum extent practicable1 the lead agency 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 is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action4 7c7 ,adoption of documents 7#a7 ,avoiding duplication ,to prevent duplication of analyses and support expeditious and efficient decisions1 the operating administrations of the ,department of ,transportation shall use adoption and incorporation by reference in accordance with this paragraph4 7#b7 ,adoption of documents of other operating administrations ,an operating administration or a secretarial office within the ,department of ,transportation may adopt a draft environmental impact statement1 an environmental assessment1 or a final environmental impact statement of another operating administration for the adopting operating administration's use when preparing an environmental assessment or final environmental impact statement for a project without recirculating the document for public review1 if-- 7,a7 the adopting operating administration certifies that its proposed action is substantially the same as the project considered in the document to be adopted2 7,b7 the other operating administration concurs with such decision2 and 7,c7 such actions are consistent with the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,incorporation by reference ,an operating administration or secretarial office within the ,department of ,transportation may incorporate by reference all or portions of a draft environmental impact statement1 an environmental assessment1 or a final environmental impact statement for the adopting operating administration's use when preparing an environmental assessment or final environmental impact statement for a project if-- 7,a7 the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material is briefly described2 7,b7 the incorporated material is reasonably available for inspection by potentially interested persons within the time allowed for review and comment2 and 7,c7 the incorporated material does not include proprietary data that is not available for review and comment4 4 7b7 ,conforming amendment ,the analysis for chapter #c of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #cjd the following3 #cjd;a4 ,accelerated decisionmaking in environmental reviews4 4 #acag4 ,aligning ,federal environmental reviews 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 ,not later than #a year after the date of enactment of this section1 the ,department of ,transportation1 in coordination with the heads of ,federal agencies likely to have substantive review or approval responsibilities under ,federal law1 shall develop a coordinated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq42 in this section referred to as ,,nepa74 7b7 ,contents ,the coordinated and concurrent environmental review and permitting process shall-- 7#a7 ensure that the ,department and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project's purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed 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 need1 and during development of the environmental impact statement on the range of alternatives for analysis1 that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction's obligations under a statute or ,executive 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 a statute or ,executive order4 7c7 ,environmental checklist 7#a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,secretary of ,transportation and ,federal agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects shall jointly develop a checklist to help project sponsors identify potential natural1 cultural1 and historic resources in the area of a proposed project4 7#b7 ,purpose ,the purpose of the checklist shall be to-- 7,a7 identify agencies of jurisdiction and cooperating agencies2 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 7d7 ,interagency collaboration 7#a7 ,in general ,consistent with ,federal environmental statutes1 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 7#b7 ,purpose of collaboration sessions ,the interagency collaboration sessions shall ensure that agency staff is-- 7,a7 fully engaged2 7,b7 utilizing the flexibility of existing regulations1 policies1 and guidance2 and 7,c7 identifying additional actions to facilitate high quality1 efficient1 and targeted environmental reviews and permitting decisions4 7#c7 ,focus of collaboration sessions ,the interagency collaboration sessions1 and the interagency collaborations generated by the sessions1 shall focus on methods to-- 7,a7 work with ,state and local transportation entities to improve project planning1 siting1 and application quality2 and 7,b7 consult and coordinate with relevant stakeholders and ,federal1 tribal1 ,state1 and local representatives early in permitting processes4 7e7 ,performance measurement ,not later than #a year after the date of enactment of this section1 the ,secretary1 in coordination with relevant ,federal agencies1 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 for chapter #c of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #cji the following3 #caj4 ,aligning ,federal environmental reviews4 4 ,d ,miscellaneous #adja4 ,tolling2 ,,hov facilities2 ,interstate reconstruction and rehabilitation 7a7 ,tolling ,section #abi7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b7 by striking 1 bridge1 or tunnel each place it appears2 7,b7 in subparagraph 7,c7 by striking 1 bridge1 or tunnel each place it appears2 7,c7 by striking subparagraph 7,g72 7,d7 by redesignating subparagraphs 7,h7 and 7,i7 as subparagraphs 7,g7 and 7,h72 and 7,e7 in subparagraph 7,g7 as redesignated-- 7i7 by inserting 7,,hov7 after high occupancy vehicle2 and 7ii7 by inserting under section #aff of this title after facility2 7#b7 in paragraph 7#c77;,a7-- 7,a7 by striking shall use and inserting shall ensure that2 and 7,b7 by inserting are used after toll facility the second place it appears2 and 7#c7 by striking paragraph 7#d7 and redesignating paragraphs 7#e7 through 7#aj7 as paragraphs 7#d7 through 7#i71 respectively4 7b7 ,,hov facilities ,section #aff of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking the paragraph heading and inserting ,authority of public authorities2 and 7,b7 by striking ,state agency and inserting public authority2 7#b7 in subsection 7b7-- 7,a7 by striking ,state agency each place it appears and inserting public authority2 7,b7 in paragraph 7#c7-- 7i7 by striking and at the end of subparagraph 7,a72 7ii7 by striking the period at the end of subparagraph 7,b7 and inserting 2 and2 and 7iii7 by inserting at the end the following3 7,c7 provides equal access for all public transportation vehicles and over-the-road buses4 2 and 7,c7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7 by striking #bjag and inserting #bjba2 and 7ii7 in subparagraph 7,b7 by striking #bjag and inserting #bjba2 7#c7 in subsection 7c7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,notwithstanding section #cja1 tolls may be charged under paragraphs 7#d7 and 7#e7 of subsection 7b71 subject to the requirements of section #abi4 2 7,b7 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b72 and 7,c7 by inserting after paragraph 7#b71 as redesignated1 the following3 7#c7 ,exemption from tolls ,in levying tolls on a facility under this section1 a public authority may designate classes of vehicles that are exempt from the tolls or charge different toll rates for different classes of vehicles1 if equal rates are charged for all public transportation vehicles and over-the-road buses1 whether publicly or privately owned4 2 7#d7 in subsection 7d7-- 7,a7 by striking ,state agency each place it appears and inserting public authority2 7,b7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,e7 and 7,f71 respectively2 7ii7 by inserting after subparagraph 7,c7 the following3 7,d7 ,consultation of ,,mpo ,if the facility is on the ,interstate ,system and located in a metropolitan planning area established in accordance with section #acd1 consulting with the metropolitan planning organization for the area concerning the placement and amount of tolls on the facility4 2 7iii7 in subparagraph 7,f71 as redesignated-- 7,i7 by striking ,state the first place it appears and inserting public authority2 and 7,,ii7 by striking subparagraph 7,d7 and inserting subparagraph 7,e72 and 7iv7 by adding at the end the following3 7,g7 ,waiver 7i7 ,in general ,upon the request of a public authority1 the ,secretary may waive the requirements of subparagraph 7,e7 for a facility1 and the corresponding program sanctions under subparagraph 7,f71 if the ,secretary determines that-- 7,i7 the waiver is in the best interest of the traveling public2 and 7,,ii7 the public authority has made a good faith effort to improve the performance of the facility4 7ii7 ,condition ,the ,secretary may require1 as a condition of issuance of a waiver under this subparagraph1 that a public authority take additional actions1 determined by the ,secretary1 to improve the performance of the facility4 2 and 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#d77;,b77iii7 by striking ,state agency and inserting public authority2 and 7,b7 by striking paragraph 7#e7 and inserting after paragraph 7#d7 the following3 7#e7 ,over-the-road bus ,the term over-the-road bus means a vehicle as defined in section #cja7e7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaha7e774 7#f7 ,public authority ,the term public authority as used with respect to a ,,hov facility1 means a ,state1 interstate compact of ,states1 public entity designated by a ,state1 or local government having jurisdiction over the operation of the facility4 4 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 amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,d7 by striking and at the end2 7,b7 in subparagraph 7,e7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,f7 the ,state has approved enabling legislation required for the project to proceed4 2 7#b7 by redesignating paragraphs 7#f7 through 7#h7 as paragraphs 7#h7 through 7#aj71 respectively2 and 7#c7 by inserting after paragraph 7#e7 the following3 7#f7 ,requirements for project completion 7,a7 ,general term for expiration of provisional application ,an application provisionally approved by the ,secretary under this subsection shall expire #c years after the date on which the application was provisionally approved if the ,state has not-- 7i7 submitted a complete application to the ,secretary that fully satisfies the eligibility criteria under paragraph 7#c7 and the selection criteria under paragraph 7#d72 7ii7 completed the environmental review and permitting process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the pilot project2 and 7iii7 executed a toll agreement with the ,secretary4 7,b7 ,exceptions to expiration ,notwithstanding subparagraph 7,a71 the ,secretary may extend the provisional approval for not more than #a additional year if the ,state demonstrates material progress toward implementation of the project as evidenced by-- 7i7 substantial progress in completing the environmental review and permitting process for the pilot project under the ,national ,environmental ,policy ,act of #aifi2 7ii7 funding and financing commitments for the pilot project2 7iii7 expressions of support for the pilot project from ,state and local governments1 community interests1 and the public2 and 7iv7 submission of a facility management plan pursuant to paragraph 7#c77;,d74 7,c7 ,conditions for previously provisionally approved applications ,a ,state with a provisionally approved application for a pilot project as of the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae shall have #a year after such date of enactment to meet the requirements of subparagraph 7,a7 or receive an extension from the ,secretary under subparagraph 7,b71 or the application will expire4 7#g7 ,definition ,in this subsection1 the term provisional approval or provisionally approved means the approval by the ,secretary of a partial application under this subsection1 including the reservation of a slot in the pilot program4 4 7d7 ,approval of applications ,the ,secretary may approve an application submitted under section #afjd7;c7 of ,,safetea-,,lu 7,public ,law #aji-ei2 #aai ,stat4 #abec7 if the application1 or any part of the application1 was submitted before the deadline specified in section #afjd7;c77#h7 of that ,act4 #adjb4 ,prohibition on the use of funds for automated traffic enforcement 7a7 ,prohibition ,except as provided in subsection 7b71 for fiscal years #bjaf through #bjba1 funds apportioned to a ,state under section #ajd7;b77#c7 of title #bc1 ,united ,states ,code1 may not be used to purchase1 operate1 or maintain an automated traffic enforcement system4 7b7 ,exception ,subsection 7a7 does not apply to an automated traffic enforcement system located in a school zone4 7c7 ,automated traffic enforcement system defined ,in this section1 the term automated traffic enforcement system means any camera that captures an image of a vehicle for the purposes of traffic law enforcement4 #adjc4 ,minimum penalties for repeat offenders for driving while intoxicated or driving under the influence 7a7 ,in general ,section #afd7;a77#d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding subparagraph 7,a7 by inserting 1 or a combination of ,state laws1 after a ,state law2 and 7#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 receive1 for not less than #a year-- 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 system installed 7allowing for limited exceptions for circumstances when 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 individual72 or 7iii7 a combination of both clauses 7i7 and 7ii72 4 7b7 ,application ,the amendments made by this section shall apply with respect to fiscal years beginning after the date of enactment of this ,act4 #adjd4 ,highway ,trust ,fund transparency and accountability 7a7 ,in general ,section #ajd of title #bc1 ,united ,states ,code1 is amended by striking subsection 7g7 and inserting the following3 7g7 ,highway ,trust ,fund transparency and accountability reports 7#a7 ,compilation of data ,the ,secretary shall compile data in accordance with this subsection on the use of ,federal-aid highway funds made available under this title4 7#b7 ,requirements ,the ,secretary shall ensure that the reports required under this subsection are made available in a user-friendly manner on the public ,internet ,web site of the ,department and can be searched and downloaded by users of the ,web site4 7#c7 ,contents of reports 7,a7 ,apportioned and allocated programs ,on a semiannual basis1 the ,secretary shall make available a report on funding apportioned and allocated to the ,states under this title that describes-- 7i7 the amount of funding obligated by each ,state1 year-to-date1 for the current fiscal year2 7ii7 the amount of funds remaining available for obligation by each ,state2 7iii7 changes in the obligated1 unexpended balance for each ,state1 year-to-date1 during the current fiscal year1 including the obligated1 unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures2 7iv7 the amount and program category of unobligated funding1 year-to-date1 available for expenditure at the discretion of the ,secretary2 7v7 the rates of obligation on and off the ,national ,highway ,system1 year-to-date1 for the current fiscal year of funds apportioned1 allocated1 or set aside under this section1 according to-- 7,i7 program2 7,,ii7 funding category or subcategory2 7,,iii7 type of improvement2 7,,iv7 ,state2 and 7,v7 sub-,state geographical area1 including urbanized and rural areas1 on the basis of the population of each such area2 and 7vi7 the amount of funds transferred by each ,state1 year-to-date1 for the current fiscal year between programs under section #abf4 7,b7 ,project data ,on an annual basis1 the ,secretary shall make available a report that1 to the maximum extent possible1 provides project-specific data describing-- 7i7 for all projects funded under this title 7excluding projects for which funds are transferred to agencies other than the ,federal ,highway ,administration7-- 7,i7 the specific location of the project2 7,,ii7 the total cost of the project2 7,,iii7 the amount of ,federal funding obligated for the project2 7,,iv7 the program or programs from which ,federal funds have been obligated for the project2 7,v7 the type of improvement being made2 and 7,,vi7 the ownership of the highway or bridge2 and 7ii7 for any project funded under this title 7excluding projects for which funds are transferred to agencies other than the ,federal ,highway ,administration7 with an estimated total cost as of the start of construction in excess of #ajj1jjj1jjj1 the data specified under clause 7i7 and additional data describing-- 7,i7 whether the project is located in an area of the ,state with a population of-- 7aa7 less than #e1jjj individuals2 7bb7 #e1jjj or more individuals but less than #ej1jjj individuals2 7cc7 #ej1jjj or more individuals but less than #bjj1jjj individuals2 or 7dd7 #bjj1jjj or more individuals2 7,,ii7 the estimated cost of the project as of the start of project construction1 or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns2 and 7,,iii7 the amount of non-,federal funds obligated for the project4 4 7b7 ,conforming amendment ,section #aejc of ,,map-#ba 7#bc ,u4,s4,c4 #ajd note2 ,public ,law #aab-ada7 is amended by striking subsection 7c74 #adje4 ,high priority corridors on ,national ,highway ,system 7a7 ,identification of ,high ,priority ,corridors on ,national ,highway ,system ,section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia is amended-- 7#a7 by striking paragraph 7#ac7 and inserting the following3 7#ac7 ,raleigh-,norfolk ,corridor from ,raleigh1 ,north ,carolina1 through ,rocky ,mount1 ,williamston1 and ,elizabeth ,city1 ,north ,carolina1 to ,norfolk1 ,virginia4 2 7#b7 in paragraph 7#ah77;,d7-- 7,a7 in clause 7ii7 by striking and at the end2 7,b7 in clause 7iii7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7iv7 include ,texas ,state ,highway #dd from ,united ,states ,route #ei at ,freer1 ,texas1 to ,texas ,state ,highway #ceh4 2 7#c7 by striking paragraph 7#fh7 and inserting the following3 7#fh7 ,the ,washoe ,county ,corridor and the ,intermountain ,west ,corridor1 which shall generally follow-- 7,a7 for the ,washoe ,county ,corridor1 along ,interstate ,route #ehj_/,united ,states ,route #ie_/,united ,states ,route #ie;,a from ,reno1 ,nevada1 to ,las ,vegas1 ,nevada2 and 7,b7 for the ,intermountain ,west ,corridor1 from the vicinity of ,las ,vegas1 ,nevada1 north along ,united ,states ,route #ie terminating at ,interstate ,route #hj4 2 and 7#d7 by adding at the end the following3 7#ha7 ,united ,states ,route #aag_/;,interstate ,route #gie from ,united ,states ,route #gj in ,goldsboro1 ,wayne ,county1 ,north ,carolina1 to ,interstate ,route #dj west of ,faison1 ,sampson ,county1 ,north ,carolina4 7#hb7 ,united ,states ,route #gj from its intersection with ,interstate ,route #dj in ,garner1 ,wake ,county1 ,north ,carolina1 to the ,port at ,morehead ,city1 ,carteret ,county1 ,north ,carolina4 7#hc7 ,the ,sonoran ,corridor along ,state ,route #daj connecting ,interstate ,route #ai and ,interstate ,route #aj south of the ,tucson ,international ,airport4 7#hd7 ,the ,central ,texas ,corridor commencing at the logical terminus of ,interstate ,route #aj1 generally following portions of ,united ,states ,route #aij eastward1 passing in the vicinity ,fort ,hood1 ,killeen1 ,belton1 ,temple1 ,bryan1 ,college ,station1 ,huntsville1 ,livingston1 and ,woodville1 to the logical terminus of ,texas ,highway #fc at the ,sabine ,river ,bridge at ,burrs ,crossing4 7#he7 ,interstate ,route #ha in ,new ,york from its intersection with ,interstate ,route #hf to the ,united ,states-,canadian border4 7#hf7 ,interstate ,route #gj from ,denver1 ,colorado1 to ,salt ,lake ,city1 ,utah4 7#hg7 ,the ,oregon #ii,w ,newberg-,dundee ,bypass ,route between ,newberg1 ,oregon1 and ,dayton1 ,oregon4 7#hh7 ,interstate ,route #bje in ,oregon from its intersection with ,interstate ,route #e to the ,columbia ,river4 4 7b7 ,inclusion of ,certain ,route ,segments on ,interstate ,system ,section #aaje7;e77#e77;,a7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia is amended-- 7#a7 by inserting subsection 7c77#ac71 after subsection 7c77#i712 7#b7 by striking subsections 7c77#ah7 and all that follows through subsection 7c77#cf7 and inserting subsection 7c77#ah71 subsection 7c77#bj71 subparagraphs 7,a7 and 7,b77i7 of subsection 7c77#bf71 subsection 7c77#cf72 and 7#c7 by striking and subsection 7c77#eg7 and inserting subsection 7c77#eg71 subsection 7c77#fh77;,b71 subsection 7c77#ha71 subsection 7c77#hb71 and subsection 7c77#hc74 7c7 ,designation ,section #aaje7;e77#e77;,c77i7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia is amended by striking the final sentence and inserting the following3 ,the routes referred to in subparagraphs 7,a7 and 7,b77i7 of subsection 7c77#bf7 and in subsection 7c77#fh77;,b7 are designated as ,interstate ,route ,i-#aa4 ,the route referred to in subsection 7c77#hd7 is designated as ,interstate ,route ,i-#ad44 7d7 ,future ,interstate designation ,section #aai7;a7 of the ,,safetea-,,lu ,technical ,corrections ,act of #bjjh is amended by striking and1 as a future ,interstate ,route #ff ,spur1 the ,natcher ,parkway in ,owensboro1 ,kentucky and inserting between ,henderson1 ,kentucky1 and ,owensboro1 ,kentucky1 and1 as a future ,interstate ,route #fe and #ff ,spur1 the ,william ,h4 ,natcher ,parkway between ,bowling ,green1 ,kentucky1 and ,owensboro1 ,kentucky4 #adjf4 ,flexibility for projects 7a7 ,authority ,with respect to projects eligible for funding under title #bc1 ,united ,states ,code1 subject to subsection 7b7 and on request by a ,state1 the ,secretary may-- 7#a7 exercise all existing flexibilities under and exceptions to-- 7,a7 the requirements of title #bc1 ,united ,states ,code2 and 7,b7 other requirements administered by the ,secretary1 in whole or part2 and 7#b7 otherwise provide additional flexibility or expedited processing with respect to the requirements described in paragraph 7#a74 7b7 ,maintaining protections ,nothing in this section-- 7#a7 waives the requirements of section #aac or #ach of title #bc1 ,united ,states ,code2 7#b7 supersedes1 amends1 or modifies-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other ,federal environmental law2 or 7,b7 any requirement of title #bc or title #di1 ,united ,states ,code2 or 7#c7 affects the responsibility of any ,federal officer to comply with or enforce any law or requirement described in this subsection4 #adjg4 ,productive and timely expenditure of funds 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall develop guidance that encourages the use of programmatic approaches to project delivery1 expedited and prudent procurement techniques1 and other best practices to facilitate productive1 effective1 and timely expenditure of funds for projects eligible for funding under title #bc1 ,united ,states ,code4 7b7 ,implementation ,the ,secretary shall work with ,states to ensure that any guidance developed under subsection 7a7 is consistently implemented by ,states and the ,federal ,highway ,administration to-- 7#a7 avoid unnecessary delays in completing projects2 7#b7 minimize cost overruns2 and 7#c7 ensure the effective use of ,federal funding4 #adjh4 ,consolidation of programs ,section #aeai7;a7 of ,,map-#ba 7#abf ,stat4 #egd7 is amended by striking ,from administrative funds and all that follows through shall be made available and inserting ,for each of fiscal years #bjaf through #bjba1 before making an apportionment under section #ajd7;b77#c7 of title #bc1 ,united ,states ,code1 the ,secretary shall set aside1 from amounts made available to carry out the highway safety improvement program under section #adh of such title for the fiscal year1 #c1ejj1jjj4 #adji4 ,federal share payable 7a7 ,innovative project delivery methods ,section #abj7;c77#c77;,a77ii7 of title #bc1 ,united ,states ,code1 is amended by inserting engineering or design approaches1 after technologies14 7b7 ,emergency relief ,section #abj7;e77#b7 of title #bc1 ,united ,states ,code1 is amended by striking ,federal land access transportation facilities1 and inserting other federally owned roads that are open to public travel14 #adaj4 ,elimination or modification of certain reporting requirements 7a7 ,fundamental properties of asphalts report ,section #fjaf7;e7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#aje ,stat4 #bahc7 is repealed4 7b7 ,express lanes demonstration program reports ,section #afjd7;b77#g77;,b7 of ,,safetea-,,lu 7#bc ,u4,s4,c4 #abi note7 is repealed4 #adaa4 ,technical corrections 7a7 ,title #bc ,title #bc1 ,united ,states ,code1 is amended as follows3 7#a7 ,section #aej7;c77#c77;,b7 is amended by striking the semicolon at the end and inserting a period4 7#b7 ,section #aed7;c7 is amended-- 7,a7 in paragraph 7#c77;,a7 by striking transferred and inserting reserved2 and 7,b7 in paragraph 7#e7-- 7i7 in the matter preceding subparagraph 7,a7 by inserting or released after transferred2 and 7ii7 in subparagraph 7,a7 by striking under section #ajd7;b77l7 and inserting under section #ajd7;b77#a74 7#c7 ,section #afd7;b7 is amended-- 7,a7 in paragraph 7#c77;,a7 by striking transferred and inserting reserved2 and 7,b7 in paragraph 7#e7 by inserting or released after transferred4 7b7 ,,map-#ba ,effective as of ,july #f1 #bjab1 and as if included therein as enacted1 ,,map-#ba 7,public ,law #aab-ada7 is amended as follows3 7#a7 ,section #aaji7;a77#b7 7#abf ,stat4 #ddd7 is amended by striking fourth and inserting fifth4 7#b7 ,section #abjc 7#abf ,stat4 #ebd7 is amended-- 7,a7 in subsection 7a7 by striking ,section #aej of title #bc1 ,united ,states ,code1 is amended to read as follows and inserting ,title #bc1 ,united ,states ,code1 is amended by inserting after section #adi the following2 and 7,b7 in subsection 7b7 by striking by striking the item relating to section #aej and inserting and inserting by inserting after the item relating to section #adi4 7#c7 ,section #acac7;a77#a7 7#abf ,stat4 #ede7 is amended to read as follows3 7#a7 in the section heading by striking pilot2 and 4 7#d7 ,section #acad7;b7 7#abf ,stat4 #edi7 is amended-- 7,a7 by inserting chapter #c of after analysis for2 and 7,b7 by inserting a period at the end of the matter proposed to be inserted4 7#e7 ,section #aeai7;c7 7#abf ,stat4 #ege7 is amended-- 7,a7 by striking paragraph 7#c72 7,b7 by redesignating paragraphs 7#d7 through 7#ab7 as paragraphs 7#c7 through 7#aa71 respectively2 7,c7 in paragraph 7#g71 as redesignated by subparagraph 7,b7 of this paragraph-- 7i7 by striking the period at the end of the matter proposed to be struck2 and 7ii7 by adding a period at the end2 and 7,d7 in paragraph 7#h77;,a77i77,i71 as redesignated by subparagraph 7,b7 of this paragraph1 by striking than rail in the matter proposed to be struck and inserting than on rail4 7#f7 ,section #aebh is amended-- 7,a7 in subsection 7b7 by inserting 7or a lower percentage if so requested by a ,state with respect to a project7 after #ajj percent2 and 7,b7 in subsection 7c7 by inserting 7or a lower percentage if so requested by a ,state with respect to a project7 after #ajj percent4 #adab4 ,safety for users 7a7 ,in ,general ,the ,secretary shall encourage each ,state and metropolitan planning organization to adopt standards for the design of ,federal surface transportation projects that provide for the safe and adequate accommodation 7as determined by the ,state7 in all phases of project planning1 development1 and operation1 of all users of the surface transportation network1 including motorized and nonmotorized users4 7b7 ,report ,not later than #b years after the date of enactment of this section1 the ,secretary shall make available to the public a report cataloging examples of ,state law or ,state transportation policy that provides for the safe and adequate accommodation1 in all phases of project planning1 development1 and operation of all users of the surface transportation network4 7c7 ,best practices ,based on the report required under subsection 7b71 the ,secretary shall identify and disseminate examples of best practices where ,states have adopted measures that have successfully provided for the safe and adequate accommodation of all users of the transportation network in all phases of project development and operation4 #adac4 ,design standards 7a7 ,in general ,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 consider2 7ii7 in subparagraph 7,b7 by striking and at the end2 7iii7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7iv7 by inserting after subparagraph 7,b7 the following3 7,c7 cost savings by utilizing flexibility that exists in current design guidance and regulations2 and 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,c7 by striking and at the end2 7ii7 by redesignating subparagraph 7,d7 as subparagraph 7,f72 and 7iii7 by inserting after subparagraph 7,c7 the following3 7,d7 the publication entitled ,highway ,safety ,manual of the ,american ,association of ,state ,highway and ,transportation ,officials2 7,e7 the publication entitled ,urban ,street ,design ,guide of the ,national ,association of ,city ,transportation ,officials2 and 2 and 7#b7 in subsection 7f7 by inserting pedestrian walkways1 after bikeways14 7b7 ,design standard flexibility ,notwithstanding section #aji7o7 of title #bc1 ,united ,states ,code1 a ,state may allow a local jurisdiction to use a roadway design publication that is different from the roadway design publication used by the ,state in which the local jurisdiction is located for the design of a project on a roadway under the ownership of the local jurisdiction 7other than a highway on the ,interstate ,system7 if-- 7#a7 the local jurisdiction is a direct recipient of ,federal funds for the project2 7#b7 the roadway design publication-- 7,a7 is recognized by the ,federal ,highway ,administration2 and 7,b7 is adopted by the local jurisdiction2 and 7#c7 the design complies with all other applicable ,federal laws4 #adad4 ,reserve fund 7a7 ,limitation 7#a7 ,in general ,notwithstanding funding1 authorizations of appropriations1 and contract authority described in sections #aaja1 #aajb1 #cjag1 #djja1 #eaja1 and #fjjb of this ,act1 including the amendments made by such sections1 sections #abe and #adg of title #bc1 ,united ,states ,code1 and section #ecch7;a7 of title #di1 ,united ,states ,code1 no funding1 authorization of appropriations1 and contract authority described in those sections for fiscal years #bjai through #bjba shall exist unless and only to the extent that a subsequent ,act of ,congress causes additional monies to be deposited in the ,highway ,trust ,fund4 7#b7 ,administrative expenses ,the limitation on funds provided in paragraph 7#a7 shall not apply to-- 7,a7 administrative expenses of the ,federal ,highway ,administration under sections #ajd7;a7 and #fjh7;a77#f7 of title #bc1 ,united ,states ,code2 7,b7 administrative expenses of the ,national ,highway ,traffic ,safety ,administration under section #djja7;a77#f7 of this ,act2 7,c7 administrative expenses of the ,federal ,motor ,carrier ,safety ,administration under section #eajc of this ,act2 and 7,d7 administrative expenses of the ,federal ,transit ,administration under section #ecch7;h7 of title #di1 ,united ,states ,code4 7b7 ,adjustments to contract authority 7#a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after section #ajd the following3 #aje4 ,adjustments to contract authority 7a7 ,calculation 7#a7 ,in general ,the ,president shall include in each of the fiscal year #bjag through #bjba budget submissions to ,congress under section #aaje7;a7 of title #ca1 for each of the ,highway ,account and the ,mass ,transit ,account1 a calculation of the difference between-- 7,a7 the actual level of monies deposited in that account for the most recently completed fiscal year2 and 7,b7 the estimated level of receipts for that account for the most recently completed fiscal year1 as specified in paragraph 7#b74 7#b7 ,estimate ,the estimated level of receipts specified in this paragraph are-- 7,a7 for the ,highway ,account-- 7i7 for fiscal year #bjae1 #ce1gdj1bei1bdh2 7ii7 for fiscal year #bjaf1 #ce1dih1jjj1jjj2 7iii7 for fiscal year #bjag1 #ce1hgi1jjj1jjj2 7iv7 for fiscal year #bjah1 #cf1jhd1jjj1jjj2 and 7v7 for fiscal year #bjai1 #cf1aag1jjj1jjj2 and 7,b7 for the ,mass ,transit ,account-- 7i7 for fiscal year #bjae1 #e1jdh1ebg1igb2 7ii7 for fiscal year #bjaf1 #e1jbj1jjj1jjj2 7iii7 for fiscal year #bjag1 #e1jbd1jjj1jjj2 7iv7 for fiscal year #bjah1 #e1jaa1jjj1jjj2 and 7v7 for fiscal year #bjai1 #d1iha1jjj1jjj4 7#c7 ,technical correction ,for purposes of paragraph 7#a77;,a71 the term actual level of monies deposited in that account shall not include funding of the ,highway ,trust ,fund provided by section #bjjb of ,public ,law #aad-da4 7b7 ,adjustments to contract authority 7#a7 ,additional amounts ,if the difference determined in a budget submission under subsection 7a7 for a fiscal year for the ,highway ,account or the ,mass ,transit ,account is greater than zero1 the ,secretary shall on ,october #a of the budget year of that submission-- 7,a7 make available for programs authorized from such account for the budget year a total amount equal to-- 7i7 the amount otherwise authorized to be appropriated for such programs for such budget year2 plus 7ii7 an amount equal to such difference2 and 7,b7 distribute the additional amount under subparagraph 7,a77ii7 to each of such programs in accordance with subsection 7c74 7#b7 ,reduction ,if the difference determined in a budget submission under subsection 7a7 for a fiscal year for the ,highway ,account or the ,mass ,transit ,account is less than zero1 the ,secretary shall on ,october #a of the budget year of that submission-- 7,a7 make available for programs authorized from such account for the budget year a total amount equal to-- 7i7 the amount otherwise authorized to be appropriated for such programs for such budget year2 minus 7ii7 an amount equal to such difference2 and 7,b7 apply the total adjustment under subparagraph 7,a77ii7 to each of such programs in accordance with subsection 7c74 7c7 ,distribution of adjustment among programs 7#a7 ,in general ,in making an adjustment for the ,highway ,account or the ,mass ,transit ,account for a budget year under subsection 7b71 the ,secretary shall-- 7,a7 determine the ratio that-- 7i7 the amount authorized to be appropriated for a program from the account for the budget year2 bears to 7ii7 the total amount authorized to be appropriated for such budget year for all programs under such account2 7,b7 multiply the ratio determined under subparagraph 7,a7 by the applicable difference calculated under subsection 7a72 and 7,c7 adjust the amount that the ,secretary would otherwise have allocated for the program for such budget year by the amount calculated under subparagraph 7,b74 7#b7 ,formula programs ,for a program for which funds are distributed by formula1 the ,secretary shall add or subtract the adjustment to the amount authorized for the program but for this section and make available the adjusted program amount for such program in accordance with such formula4 7#c7 ,availability for obligation ,adjusted amounts under this subsection shall be available for obligation and administered in the same manner as other amounts made available for the program for which the amount is adjusted4 7d7 ,exclusion of emergency relief program and covered administrative expenses ,the ,secretary shall exclude the emergency relief program under section #abe and covered administrative expenses from-- 7#a7 an adjustment of funding under subsection 7c77#a72 and 7#b7 any calculation under subsection 7b7 or 7c7 related to such an adjustment4 7e7 ,authorization of appropriations ,there is authorized to be appropriated from the appropriate account or accounts of the ,highway ,trust ,fund an amount equal to the amounts calculated under subsection 7a7 for each of fiscal years #bjag through #bjba4 7f7 ,revision to obligation limitations 7#a7 ,in general ,if the ,secretary makes an adjustment under subsection 7b7 for a fiscal year to an amount subject to a limitation on obligations imposed by section #aajb or #cjag of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae-- 7,a7 such limitation on obligations for such fiscal year shall be revised by an amount equal to such adjustment2 and 7,b7 the ,secretary shall distribute such limitation on obligations1 as revised under subparagraph 7,a71 in accordance with such sections4 7#b7 ,exclusion of covered administrative expenses ,the ,secretary shall exclude covered administrative expenses from-- 7,a7 any calculation relating to a revision of a limitation on obligations under paragraph 7#a77;,a72 and 7,b7 any distribution of a revised limitation on obligations under paragraph 7#a77;,b74 7g7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,budget year ,the term budget year means the fiscal year for which a budget submission referenced in subsection 7a77#a7 is submitted4 7#b7 ,covered administrative expenses ,the term covered administrative expenses means the administrative expenses of-- 7,a7 the ,federal ,highway ,administration1 as authorized under section #ajd7;a72 7,b7 the ,national ,highway ,traffic ,safety ,administration1 as authorized under section #djja7;a77#f7 of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae2 and 7,c7 the ,federal ,motor ,carrier ,safety ,administration1 as authorized under section #caaaj of title #di4 7#c7 ,highway ,account ,the term ,highway ,account means the portion of the ,highway ,trust ,fund that is not the ,mass ,transit ,account4 7#d7 ,mass ,transit ,account ,the term ,mass ,transit ,account means the ,mass ,transit ,account of the ,highway ,trust ,fund established under section #iejc7;e77#a7 of the ,internal ,revenue ,code of #aihf4 4 7#b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajd the following3 #aje4 ,adjustments to contract authority4 4 #adae4 ,adjustments 7a7 ,in general ,on ,july #a1 #bjah1 of the unobligated balances of funds apportioned among the ,states under chapter #a of title #bc1 ,united ,states ,code1 a total of #f1jjj1jjj1jjj is permanently rescinded4 7b7 ,exclusions from rescission ,the rescission under subsection 7a7 shall not apply to funds distributed in accordance with-- 7#a7 sections #ajd7;b77#c7 and #acj7;f7 of title #bc1 ,united ,states ,code2 7#b7 sections #acc7;d77#a77;,a7 of such title2 7#c7 the first sentence of section #acc7;d77#c77;,a7 of such title1 as in effect on the day before the date of enactment of ,,map-#ba 7,public ,law #aab-ada72 7#d7 sections #acc7;d77#a7 and #afc of such title1 as in effect on the day before the date of enactment of ,,safetea-,,lu 7,public ,law #aji-ei72 and 7#e7 section #ajd7;b77#e7 of such title1 as in effect on the day before the date of enactment of ,,map-#ba 7,public ,law #aab-ada74 7c7 ,distribution among ,states ,the amount to be rescinded under this section from a ,state shall be determined by multiplying the total amount of the rescission in subsection 7a7 by the ratio that-- 7#a7 the unobligated balances subject to the rescission as of ,september #cj1 #bjag1 for the ,state2 bears to 7#b7 the unobligated balances subject to the rescission as of ,september #cj1 #bjag1 for all ,states4 7d7 ,distribution within each ,state ,the amount to be rescinded under this section from each program to which the rescission applies within a ,state shall be determined by multiplying the required rescission amount calculated under subsection 7c7 for such ,state by the ratio that-- 7#a7 the unobligated balance as of ,september #cj1 #bjag1 for such program in such ,state2 bears to 7#b7 the unobligated balances as of ,september #cj1 #bjag1 for all programs to which the rescission applies in such ,state4 #adaf4 ,national electric vehicle charging1 hydrogen1 propane1 and natural gas fueling corridors 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after section #aej the following3 #aea4 ,national electric vehicle charging1 hydrogen1 propane1 and natural gas fueling corridors 7a7 ,in general ,not later than #a year after the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae1 the ,secretary shall designate national electric vehicle charging1 hydrogen1 propane1 and natural gas fueling corridors that identify the near- and long-term need for1 and location of1 electric vehicle charging infrastructure1 hydrogen infrastructure1 propane fueling infrastructure1 and natural gas fueling infrastructure at strategic locations along major national highways to improve the mobility of passenger and commercial vehicles that employ electric1 hydrogen fuel cell1 propane1 and natural gas fueling technologies across the ,united ,states4 7b7 ,designation of corridors ,in designating the corridors under subsection 7a71 the ,secretary shall-- 7#a7 solicit nominations from ,state and local officials for facilities to be included in the corridors2 7#b7 incorporate existing electric vehicle charging stations1 hydrogen fueling stations1 propane fueling stations1 and natural gas fueling corridors designated by a ,state or group of ,states2 and 7#c7 consider the demand for1 and location of1 existing electric vehicle charging stations1 hydrogen fueling stations1 propane fueling stations1 and natural gas fueling infrastructure4 7c7 ,stakeholders ,in designating corridors under subsection 7a71 the ,secretary shall involve1 on a voluntary basis1 stakeholders that include-- 7#a7 the heads of other ,federal agencies2 7#b7 ,state and local officials2 7#c7 representatives of-- 7,a7 energy utilities2 7,b7 the electric1 fuel cell electric1 propane1 and natural gas vehicle industries2 7,c7 the freight and shipping industry2 7,d7 clean technology firms2 7,e7 the hospitality industry2 7,f7 the restaurant industry2 7,g7 highway rest stop vendors2 and 7,h7 industrial gas and hydrogen manufacturers2 and 7#d7 such other stakeholders as the ,secretary determines to be necessary4 7d7 ,redesignation ,not later than #e years after the date of establishment of the corridors under subsection 7a71 and every #e years thereafter1 the ,secretary shall update and redesignate the corridors4 7e7 ,report ,during designation and redesignation of the corridors under this section1 the ,secretary shall issue a report that-- 7#a7 identifies electric vehicle charging infrastructure1 hydrogen infrastructure1 propane fueling infrastructure1 and natural gas fueling infrastructure and standardization needs for electricity providers1 industrial gas providers1 natural gas providers1 infrastructure providers1 vehicle manufacturers1 electricity purchasers1 and natural gas purchasers2 and 7#b7 establishes an aspirational goal of achieving strategic deployment of electric vehicle charging infrastructure1 hydrogen infrastructure1 propane fueling infrastructure1 and natural gas fueling infrastructure in those corridors by the end of fiscal year #bjba4 4 7b7 ,conforming amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #aej the following3 #aea4 ,national electric vehicle charging1 hydrogen1 propane1 and natural gas fueling corridors4 4 7c7 ,operation of battery recharging stations in parking areas used by ,federal employees 7#a7 ,authorization 7,a7 ,in general ,the ,administrator of ,general ,services may install1 construct1 operate1 and maintain on a reimbursable basis a battery recharging station in a parking area that is in the custody1 control1 or administrative jurisdiction of the ,general ,services ,administration for the use of only privately owned vehicles of employees of the ,general ,services ,administration1 tenant ,federal agencies1 and others who are authorized to park in such area to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by ,federal fleet vehicles4 7,b7 ,delegation ,the ,administrator of ,general ,services may install1 construct1 operate1 and maintain on a reimbursable basis a battery recharging station in a parking area that is in the custody1 control1 or administrative jurisdiction of another ,federal agency1 at the request of such agency1 or delegate such authority to another ,federal agency to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by ,federal fleet vehicles4 7,c7 ,use of vendors ,the ,administrator of ,general ,services1 with respect to subparagraphs 7,a7 and 7,b71 or the head of a ,federal agency delegated authority1 with respect to subparagraph 7,b71 may carry such subparagraph through a contract with a vendor1 under such terms and conditions 7including terms relating to the allocation between the ,federal agency and the vendor of the costs of carrying out the contract7 as the ,administrator or the head of the ,federal agency1 as the case may be1 and the vendor may agree to4 7#b7 ,imposition of fees to cover costs 7,a7 ,fees ,the ,administrator of ,general ,services or the head of the ,federal agency delegated authority under paragraph 7#a77;,b7 shall charge fees to the individuals who use the battery recharging station in such amount as is necessary to ensure that the respective agency recovers all of the costs such agency incurs in installing1 constructing1 operating1 and maintaining the station4 7,b7 ,deposit and availability of fees ,any fees collected by the ,administrator of ,general ,services or the ,federal agency1 as the case may be1 under this paragraph shall be-- 7i7 deposited monthly in the ,treasury to the credit of the respective agency's appropriations account for the operations of the building where the battery recharging station is located2 and 7ii7 available for obligation without further appropriation during-- 7,i7 the fiscal year collected2 and 7,,ii7 the fiscal year following the fiscal year collected4 7#c7 ,no effect on existing programs for house and senate ,nothing in this subsection may be construed to affect the installation1 construction1 operation1 or maintenance of battery recharging stations by the ,architect of the ,capitol-- 7,a7 under ,public ,law #aab-agj 7#b ,u4,s4,c4 #baga71 relating to employees of the ,house of ,representatives and individuals authorized to park in any parking area under the jurisdiction of the ,house of ,representatives on the ,capitol ,grounds2 or 7,b7 under ,public ,law #aab-afg 7#b ,u4,s4,c4 #bagj71 relating to employees of the ,senate and individuals authorized to park in any parking area under the jurisdiction of the ,senate on the ,capitol ,grounds4 7#d7 ,no effect on similar authorities ,nothing in this subsection may be construed as repealing or limiting any existing authorities of a ,federal agency to install1 construct1 operate1 or maintain battery recharging stations4 7#e7 ,annual report to ,congress ,not later than #b years after the date of enactment of this ,act1 and annually thereafter for #aj years1 the ,administrator of ,general ,services shall submit to the ,house ,committee on ,transportation and ,infrastructure and the ,senate ,committee on ,environment and ,public ,works a report describing-- 7,a7 the number of battery recharging stations installed by the ,administrator on its own initiative under this subsection2 7,b7 requests from other ,federal agencies to install battery recharging stations2 7,c7 delegations of authority to other ,federal agencies under this subsection2 and 7,d7 the status and disposition of requests from other ,federal agencies4 7#f7 ,federal agency defined ,in this subsection1 the term ,federal agency has the meaning given that term in section #ajb of title #dj1 ,united ,states ,code4 7#g7 ,effective date ,this subsection shall apply with respect to fiscal year #bjaf and each succeeding fiscal year4 #adag4 ,ferries ,section #adg of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7h7 ,redistribution of unobligated amounts ,the ,secretary shall-- 7#a7 withdraw amounts allocated to eligible entities under this section that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated2 and 7#b7 in the fiscal year beginning after a fiscal year in which a withdrawal is made under paragraph 7#a71 redistribute the funds withdrawn1 in accordance with the formula specified under subsection 7d71 among eligible entities with respect to which no amounts were withdrawn under paragraph 7#a74 4 #adah4 ,study on performance of bridges 7a7 ,in general ,subject to subsection 7c71 the ,administrator of the ,federal ,highway ,administration shall commission the ,transportation ,research ,board of the ,national ,academy of ,sciences to conduct a study on the performance of bridges that are at least #ae years old and received funding under the innovative bridge research and construction program 7in this section referred to as the program7 under section #ejc7;b7 of title #bc1 ,united ,states ,code 7as in effect on the day before the date of enactment of ,,safetea-,,lu 7,public ,law #aji-ei7 in meeting the goals of that program1 which included-- 7#a7 the development of new1 cost-effective innovative material highway bridge applications2 7#b7 the reduction of maintenance costs and lifecycle costs of bridges1 including the costs of new construction1 replacement1 or rehabilitation of deficient bridges2 7#c7 the development of construction techniques to increase safety and reduce construction time and traffic congestion2 7#d7 the development of engineering design criteria for innovative products and materials for use in highway bridges and structures2 7#e7 the development of cost-effective and innovative techniques to separate vehicle and pedestrian traffic from railroad traffic2 7#f7 the development of highway bridges and structures that will withstand natural disasters1 including alternative processes for the seismic retrofit of bridges2 and 7#g7 the development of new nondestructive bridge evaluation technologies and techniques4 7b7 ,contents ,the study commissioned under subsection 7a7 shall include-- 7#a7 an analysis of the performance of bridges that received funding under the program in meeting the goals described in paragraphs 7#a7 through 7#g7 of subsection 7a72 7#b7 an analysis of the utility1 compared to conventional materials and technologies1 of each of the innovative materials and technologies used in projects for bridges under the program in meeting the needs of the ,united ,states in #bjae and in the future for a sustainable and low lifecycle cost transportation system2 7#c7 recommendations to ,congress on how the installed and lifecycle costs of bridges could be reduced through the use of innovative materials and technologies1 including1 as appropriate1 any changes in the design and construction of bridges needed to maximize the cost reductions2 and 7#d7 a summary of any additional research that may be needed to further evaluate innovative approaches to reducing the installed and lifecycle costs of highway bridges4 7c7 ,public comment ,before commissioning the study under subsection 7a71 the ,administrator shall provide an opportunity for public comment on the study proposal4 7d7 ,data from ,states ,each ,state that received funds under the program shall provide to the ,transportation ,research ,board any relevant data needed to carry out the study commissioned under subsection 7a74 7e7 ,deadline ,the ,administrator shall submit to ,congress a report on the results of the study commissioned under subsection 7a7 not later than #c years after the date of enactment of this ,act4 #adai4 ,relinquishment of park-and-ride lot facilities ,a ,state transportation agency may relinquish park-and-ride lot facilities or portions of park-and-ride lot facilities to a local government agency for highway purposes if authorized to do so under ,state law if the agreement providing for the relinquishment provides that-- 7#a7 rights-of-way on the ,interstate ,system will remain available for future highway improvements2 and 7#b7 modifications to the facilities that could impair the highway or interfere with the free and safe flow of traffic are subject to the approval of the ,secretary4 #adbj4 ,pilot program 7a7 ,in general ,the ,secretary may establish a pilot program that allows a ,state to utilize innovative approaches to maintain the right-of-way of ,federal-aid highways within such ,state4 7b7 ,limitation ,a pilot program established under subsection 7a7 shall-- 7#a7 terminate after not more than #f years2 7#b7 include not more than #e ,states2 and 7#c7 be subject to guidelines published by the ,secretary4 7c7 ,report ,if the ,secretary establishes a pilot program under subsection 7a71 the ,secretary shall1 not more than #a year after the completion of the pilot program1 submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report on the results of the pilot program4 #adba4 ,innovative project delivery examples ,section #abj7;c77#c77;,b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in clause 7iv7 by striking or at the end2 7#b7 by redesignating clause 7v7 as clause 7vi72 and 7#c7 by inserting after clause 7iv7 the following3 7v7 innovative pavement materials that have a demonstrated life cycle of #ge or more years1 are manufactured with reduced greenhouse gas emissions1 and reduce construction-related congestion by rapidly curing2 or 4 #adbb4 ,administrative provisions to encourage pollinator habitat and forage on transportation rights-of-way 7a7 ,in general ,section #cai of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by inserting 7including the enhancement of habitat and forage for pollinators7 before adjacent2 and 7#b7 by adding at the end the following3 7c7 ,encouragement of pollinator habitat and forage development and protection on transportation rights-of-,way ,in carrying out any program administered by the ,secretary under this title1 the ,secretary shall1 in conjunction with willing ,states1 as appropriate-- 7#a7 encourage integrated vegetation management practices on roadsides and other transportation rights-of-way1 including reduced mowing2 and 7#b7 encourage the development of habitat and forage for ,monarch butterflies1 other native pollinators1 and honey bees through plantings of native forbs and grasses1 including noninvasive1 native milkweed species that can serve as migratory way stations for butterflies and facilitate migrations of other pollinators4 4 7b7 ,provision of habitat1 forage1 and migratory way stations for monarch butterflies1 other native pollinators1 and honey bees ,section #cbi7;a77#a7 of title #bc1 ,united ,states ,code1 is amended by inserting provision of habitat1 forage1 and migratory way stations for ,monarch butterflies1 other native pollinators1 and honey bees1 before and aesthetic enhancement4 #adbc4 ,milk products ,section #abg7;a7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#ac7 ,milk products ,a vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided4 4 #adbd4 ,interstate weight limits for emergency vehicles ,section #abg7;a7 of title #bc1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 7#ad7 ,emergency vehicles 7,a7 ,in general ,with respect to an emergency vehicle1 the following weight limits shall apply in lieu of the maximum and minimum weight limits specified in this subsection3 7i7 #bd1jjj pounds on a single steering axle4 7ii7 #cc1ejj pounds on a single drive axle4 7iii7 #fb1jjj pounds on a tandem axle4 7iv7 ,a maximum gross vehicle weight of #hf1jjj pounds4 7,b7 ,emergency vehicle defined ,in this paragraph1 the term emergency vehicle means a vehicle designed-- 7i7 to be used under emergency conditions to transport personnel and equipment2 and 7ii7 to support the suppression of fires and mitigation of other hazardous situations4 4 #adbe4 ,vehicle weight limitations--,interstate ,system ,section #abg of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7m7 ,covered heavy-,duty tow and recovery vehicles 7#a7 ,in general ,the vehicle weight limitations set forth in this section do not apply to a covered heavy-duty tow and recovery vehicle4 7#b7 ,covered heavy-duty tow and recovery vehicle defined ,in this subsection1 the term covered heavy-duty tow and recovery vehicle means a vehicle that-- 7,a7 is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility2 and 7,b7 has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported4 7n7 ,operation of vehicles on certain ,texas highways ,if any segment in ,texas of ,united ,states ,route #ei1 ,united ,states ,route #gg1 ,united ,states ,route #bha1 ,united ,states ,route #hd1 ,texas ,state ,highway #dd1 or another roadway is designated as ,interstate ,route #fi1 a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment1 without regard to any requirement under this section4 7o7 ,certain logging vehicles in ,wisconsin 7#a7 ,in general ,the ,secretary shall waive1 with respect to a covered logging vehicle1 the application of any vehicle weight limit established under this section4 7#b7 ,covered logging vehicle defined ,in this subsection1 the term covered logging vehicle means a vehicle that-- 7,a7 is transporting raw or unfinished forest products1 including logs1 pulpwood1 biomass1 or wood chips2 7,b7 has a gross vehicle weight of not more than #ih1jjj pounds2 7,c7 has not less than #f axles2 and 7,d7 is operating on a segment of ,interstate ,route #ci in ,wisconsin from mile marker #age4h to mile marker #ahi4 4 #adbf4 ,new national goal1 performance measure1 and performance target 7a7 ,national goal ,section #aej7;b7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#h7 ,integrated economic development ,to improve road conditions in economically distressed urban communities and increase access to jobs1 markets1 and economic opportunities for people who live in such communities4 4 7b7 ,performance measure ,section #aej7;c7 of such title is amended by adding at the end the following3 7#g7 ,integrated economic development ,the ,secretary shall establish measures for ,states to use to assess the conditions1 accessibility1 and reliability of roads in economically distressed urban communities4 4 7c7 ,performance target ,section #aej7;d77#a7 of such title is amended by striking and 7#f7 and inserting 7#f71 and 7#g74 #adbg4 ,service club1 charitable association1 or religious service signs ,notwithstanding section #aca of title #bc1 ,united ,states ,code1 and part #gej of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 a ,state may allow the maintenance of a sign of a service club1 charitable association1 or religious service that was erected as of the date of enactment of this ,act and the area of which is less than or equal to #cb square feet1 if the ,state notifies the ,federal ,highway ,administration4 #adbh4 ,work zone and guard rail safety training 7a7 ,in general ,section #adji of ,,safetea-,,lu 7#bc ,u4,s4,c4 #dja note7 is amended-- 7#a7 by striking the section heading and inserting ,work zone and guard rail safety training2 and 7#b7 in subsection 7b7 by adding at the end the following3 7#d7 ,development1 updating1 and delivery of training courses on guard rail installation1 maintenance1 and inspection4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by striking the item relating to section #adji and inserting the following3 ,sec4 #adji4 ,work zone and guard rail safety training4 4 #adbi4 ,motorcyclist advisory council 7a7 ,in general ,the ,secretary1 acting through the ,administrator of the ,federal ,highway ,administration1 and in consultation with the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate1 shall appoint a ,motorcyclist ,advisory ,council to coordinate with and advise the ,administrator on infrastructure issues of concern to motorcyclists1 including-- 7#a7 barrier design2 7#b7 road design1 construction1 and maintenance practices2 and 7#c7 the architecture and implementation of intelligent transportation system technologies4 7b7 ,composition ,the ,council shall consist of not more than #aj members of the motorcycling community with professional expertise in national motorcyclist safety advocacy1 including-- 7#a7 at least-- 7,a7 #a member recommended by a national motorcyclist association2 7,b7 #a member recommended by a national motorcycle riders foundation2 7,c7 #a representative of the ,national ,association of ,state ,motorcycle ,safety ,administrators2 7,d7 #b members of ,state motorcyclists' organizations2 7,e7 #a member recommended by a national organization that represents the builders of highway infrastructure2 7,f7 #a member recommended by a national association that represents the traffic safety systems industry2 and 7,g7 #a member of a national safety organization2 and 7#b7 at least #a1 but not more than #b1 motorcyclists who are traffic system design engineers or ,state transportation department officials4 #adcj4 ,improvement of data collection on child occupants in vehicle crashes 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall revise the crash investigation data collection system of the ,national ,highway ,traffic ,safety ,administration to include the collection of the following data in connection with vehicle crashes whenever a child restraint system was in use in a vehicle involved in a crash3 7#a7 ,the type or types of child restraint systems in use during the crash in any vehicle involved in the crash1 including whether a five-point harness or belt-positioning booster4 7#b7 ,if a five-point harness child restraint system was in use during the crash1 whether the child restraint system was forward-facing or rear-facing in the vehicle concerned4 7b7 ,consultation ,in implementing subsection 7a71 the ,secretary shall work with law enforcement officials1 safety advocates1 the medical community1 and research organizations to improve the recordation of data described in subsection 7a7 in police and other applicable incident reports4 7c7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on child occupant crash data collection in the crash investigation data collection system of the ,national ,highway ,traffic ,safety ,administration pursuant to the revision required by subsection 7a74 #adca4 ,highway work zones ,it is the sense of the ,house of ,representatives that the ,federal ,highway ,administration should-- 7#a7 do all within its power to protect workers in highway work zones2 and 7#b7 move rapidly to finalize regulations1 as directed in section #adje of ,,map-#ba 7#abf ,stat4 #efj71 to protect the lives and safety of construction workers in highway work zones from vehicle intrusions4 #adcb4 ,study on ,state procurement of culvert and storm sewer materials 7a7 ,in general ,the ,secretary shall evaluate the methods in which ,states procure culvert and storm sewer materials and the impact of those methods on project costs1 including the extent to which such methods take into account environmental principles1 engineering principles1 and the varying needs of projects based on geographic location4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report on the findings of the study conducted under subsection 7a74 #adcc4 ,use of durable1 resilient1 and sustainable materials and practices ,to the extent practicable1 the ,secretary shall encourage the use of durable1 resilient1 and sustainable materials and practices1 including the use of geosynthetic materials and other innovative technologies1 in carrying out the activities of the ,federal ,highway ,administration4 #adcd4 ,strategy to address structurally deficient bridges ,the ,secretary shall develop a comprehensive strategy to address structurally deficient and functionally obsolete bridges1 as defined by the ,national ,bridge ,inventory1 to identify the unique challenges posed by bridges in each of these respective categories1 and to address such separate challenges and improve the condition of such bridges4 ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall transmit a report containing initial recommendations to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 ,not later than #a year after such date of enactment1 the ,secretary shall transmit to such committees the final strategy required by this section4 #adce4 ,sense of ,congress ,it is the sense of ,congress that the ,nation's engineering industry continues to provide critical technical expertise1 innovation1 and local knowledge to ,federal and ,state agencies in order to efficiently deliver surface transportation projects to the public1 and ,congress recognizes the valuable contributions made by the ,nation's engineering industry and urges the ,secretary to reinforce those partnerships by encouraging ,state and local agencies to take full advantage of engineering industry capabilities to strengthen project performance1 improve domestic competitiveness1 and create jobs4 #adcf4 ,identification of roadside highway safety hardware devices 7a7 ,study ,the ,secretary shall conduct a study on methods for identifying roadside highway safety hardware devices to improve the data collected on the devices1 as necessary for in-service evaluation of the devices4 7b7 ,contents ,in conducting the study1 the ,secretary shall evaluate identification methods based on the ability of the method to-- 7#a7 convey information on the devices1 including manufacturing date1 factory of origin1 product brand1 and model2 7#b7 withstand roadside conditions2 and 7#c7 connect to ,state and regional inventories of similar devices4 7c7 ,identification methods ,the identification methods to be studied under this section include stamped serial numbers1 radio-frequency identification1 and such other methods as the ,secretary determines appropriate4 7d7 ,report to ,congress ,not later than ,january #a1 #bjah1 the ,secretary shall submit to ,congress a report on the results of the study4 #adcg4 ,use of modeling and simulation technology ,it is the sense of ,congress that the ,department should utilize1 to the fullest and most economically feasible extent practicable1 modeling and simulation technology to analyze highway and public transportation projects authorized by this ,act to ensure that these projects-- 7#a7 will increase transportation capacity and safety1 alleviate congestion1 and reduce travel time and environmental impacts2 and 7#b7 are as cost effective as practicable4 #adch4 ,national ,advisory ,committee on ,travel and ,tourism ,infrastructure 7a7 ,findings ,congress finds that-- 7#a7 #a out of every #i jobs in the ,united ,states depends on travel and tourism1 and the industry supports #ae1jjj1jjj jobs in the ,united ,states2 7#b7 the travel and tourism industry employs individuals in all #ej ,states1 the ,district of ,columbia1 and all of the territories of the ,united ,states2 7#c7 international travel to the ,united ,states is the single largest export industry in the ,nation1 generating a trade surplus balance of approximately #gd1jjj1jjj1jjj2 7#d7 travel and tourism provide significant economic benefits to the ,united ,states by generating nearly #b1ajj1jjj1jjj1jjj in annual economic output2 and 7#e7 the ,united ,states intermodal transportation network facilitates the large-scale movement of business and leisure travelers1 and is the most important asset of the travel industry4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish an advisory committee to be known as the ,national ,advisory ,committee on ,travel and ,tourism ,infrastructure 7in this section referred to as the ,committee7 to provide information1 advice1 and recommendations to the ,secretary on matters relating to the role of intermodal transportation in facilitating mobility related to travel and tourism activities4 7c7 ,membership ,the ,committee shall-- 7#a7 be composed of members appointed by the ,secretary for terms of not more than #c years2 and 7#b7 include a representative cross-section of public and private sector stakeholders involved in the travel and tourism industry1 including representatives of-- 7,a7 the travel and tourism industry1 product and service providers1 and travel and tourism-related associations2 7,b7 travel1 tourism1 and destination marketing organizations2 7,c7 the travel and tourism-related workforce2 7,d7 ,state tourism offices2 7,e7 ,sate departments of transportation2 7,f7 regional and metropolitan planning organizations2 and 7,g7 local governments4 7d7 ,role of committee ,the ,committee shall-- 7#a7 advise the ,secretary on current and emerging priorities1 issues1 projects1 and funding needs related to the use of the ,nation's intermodal transportation network to facilitate travel and tourism2 7#b7 serve as a forum for discussion for travel and tourism stakeholders on transportation issues affecting interstate and interregional mobility of passengers2 7#c7 promote the sharing of information between the private and public sectors on transportation issues impacting travel and tourism2 7#d7 gather information1 develop technical advise1 and make recommendations to the ,secretary on policies that improve the condition and performance of an integrated national transportation system that is safe1 economical1 and efficient1 and that maximizes the benefits to the ,nation generated through the ,united ,states travel and tourism industry2 7#e7 identify critical transportation facilities and corridors that facilitate and support the interstate and interregional transportation of passengers for tourism1 commercial1 and recreational activities2 7#f7 provide for development of measures of condition1 safety1 and performance for transportation related to travel and tourism2 7#g7 provide for development of transportation investment1 data1 and planning tools to assist ,federal1 ,state1 and local officials in making investment decisions relating to transportation projects that improve travel and tourism2 and 7#h7 address other issues of transportation policy and programs impacting the movement of travelers for tourism and recreational purposes1 including by making legislative recommendations4 7e7 ,national travel and tourism infrastructure strategic plan 7#a7 ,initial development of national travel and tourism infrastructure strategic plan ,not later than #c years after the date of enactment of this act1 the ,secretary shall1 in consultation with the ,committee1 ,state departments of transportation1 and other appropriate public and private transportation stakeholders1 develop and post on the ,department's public ,internet ,web site a national travel and tourism infrastructure strategic plan that includes-- 7,a7 an assessment of the condition and performance of the national transportation network2 7,b7 an identification of the issues on the national transportation network that create significant congestion problems and barriers to long-haul passenger travel and tourism1 7,c7 forecasts of long-haul passenger travel and tourism volumes for the #bj-year period beginning in the year during which the plan is issued2 7,d7 an identification of the major transportation facilities and corridors for current and forecasted long-haul travel and tourism 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 long-haul passenger travel performance 7including opportunities for overcoming the barriers72 7,f7 best practices for improving the performance of the national transportation network2 and 7,g7 strategies to improve intermodal connectivity for long-haul passenger travel and tourism4 #adci4 ,regulation of motor carriers of property ,section #adeja7;c77#b77;,c7 of title #di1 ,united ,states ,code1 is amended by striking the price of and all that follows through transportation is and inserting the regulation of tow truck operations4 #addj4 ,emergency exemptions ,any road1 highway1 railway1 bridge1 or transit facility that is damaged by an emergency that is declared by the ,governor of the ,state and concurred in by the ,secretary of ,homeland ,security or declared as an emergency by the ,president pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 and that is in operation or under construction on the date on which the emergency occurs-- 7#a7 may be reconstructed in the same location with the same capacity1 dimensions1 and design as before the emergency2 and 7#b7 shall be exempt from any environmental reviews1 approvals1 licensing1 and permit requirements under-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 sections #djb and #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb1 #acdd72 7,c7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code2 7,d7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 7,e7 the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq472 7,f7 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq472 7,g7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 except when the reconstruction occurs in designated critical habitat for threatened and endangered species2 7,h7 ,executive ,order #aaiij 7#db ,u4,s4,c4 #dcba note2 relating to the protection of wetland72 and 7,i7 any ,federal law 7including regulations7 requiring no net loss of wetland4 #adda4 ,program to assist veterans to acquire commercial driver's licenses ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,secretary of ,defense1 shall fully implement the recommendations contained in the report submitted under section #cbcjh of ,,map-#ba 7#di ,u4,s4,c4 #cacja note74 #addb4 ,operation of certain specialized vehicles on certain highways in the ,state of ,arkansas ,if any segment of ,united ,states ,route #fc between the exits for highways #ad and #ge in the ,state of ,arkansas is designated as part of the ,interstate ,system1 the single axle weight1 tandem axle weight1 gross vehicle weight1 and bridge formula limits under section #abg7;a7 of title #bc1 ,united ,states ,code1 and the width limitation under section #caaac7;a7 of title #di1 ,united ,states ,code1 shall not apply to that segment with respect to the operation of any vehicle that may have legally operated on that segment before the date of the designation4 #addc4 ,projects for public safety relating to idling trains ,section #acj7;a7 of title #bc1 ,united ,states ,code1 is amended by striking and the relocation of highways to eliminate grade crossings and inserting the relocation of highways to eliminate grade crossings1 and projects to eliminate hazards posed by blocked grade crossings due to idling trains4 #addd4 ,exemptions from requirements for certain welding trucks used in pipeline industry 7a7 ,covered motor vehicle defined ,in this section1 the term covered motor vehicle means a motor vehicle that-- 7#a7 is traveling in the ,state in which the vehicle is registered or another ,state2 7#b7 is owned by a welder2 7#c7 is a pick-up style truck2 7#d7 is equipped with a welding rig that is used in the construction or maintenance of pipelines2 and 7#e7 has a gross vehicle weight and combination weight rating and weight of #ae1jjj pounds or less4 7b7 ,federal requirements ,a covered motor vehicle1 including the individual operating such vehicle and the employer of such individual1 shall be exempt from the following3 7#a7 ,any requirement relating to registration as a motor carrier1 including the requirement to obtain and display a ,department of ,transportation number1 established under chapters #aci and #caa of title #di1 ,united ,states ,code4 7#b7 ,any requirement relating to driver qualifications established under chapter #caa of title #di1 ,united ,states ,code4 7#c7 ,any requirement relating to driving of commercial motor vehicles established under chapter #caa of title #di1 ,united ,states ,code4 7#d7 ,any requirement relating to parts and accessories and inspection1 repair1 and maintenance of commercial motor vehicles established under chapter #caa of title #di1 ,united ,states ,code4 7#e7 ,any requirement relating to hours of service of drivers1 including maximum driving and on duty time1 established under chapter #cae of title #di1 ,united ,states ,code4 #adde4 ,waiver 7a7 ,in general ,the ,secretary shall waive1 for a covered logging vehicle1 the application of any vehicle weight limit established under section #abg of title #bc1 ,united ,states ,code4 7b7 ,covered logging vehicle defined ,in this section1 the term covered logging vehicle means a vehicle that-- 7#a7 is transporting raw or unfinished forest products1 including logs1 pulpwood1 biomass1 or wood chips2 7#b7 has a gross vehicle weight of not more than #ii1jjj pounds2 7#c7 has not less than #f axles2 and 7#d7 is operating on a segment of ,interstate ,route #ce in ,minnesota from mile marker #bce4d to mile marker #bei4eeb4 #addf4 ,federal authority 7a7 ,in general ,section #adeja7;c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking paragraphs 7#b7 and 7#c7 and inserting paragraphs 7#c7 and 7#d72 7#b7 by redesignating paragraphs 7#b7 through 7#e7 as paragraphs 7#c7 through 7#f7 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,additional limitations 7,a7 ,a ,state1 political subdivision of a ,state1 or political authority of #b or more ,states may not enact or enforce a law1 regulation1 or other provision having the force and effect of law prohibiting employees whose hours of service are subject to regulation by the ,secretary under section #caejb from working to the full extent permitted or at such times as permitted under such section1 or imposing any additional obligations on motor carriers if such employees work to the full extent or at such times as permitted under such section1 including any related activities regulated under part #cie of title #di1 ,code of ,federal ,regulations4 7,b7 ,a ,state1 political subdivision of a ,state1 or political authority of #b or more ,states may not enact or enforce a law1 regulation1 or other provision having the force and effect of law that requires a motor carrier that compensates employees on a piece-rate basis to pay those employees separate or additional compensation1 provided that the motor carrier pays the employee a total sum that when divided by the total number of hours worked during the corresponding work period is equal to or greater than the applicable hourly minimum wage of the ,state1 political subdivision of the ,state1 or political authority of #b or more ,states4 7,c7 ,nothing in this paragraph shall be construed to limit the provisions of paragraph 7#a74 4 7#d7 in paragraph 7#c7 7as redesignated7 by striking ,paragraph 7#a7-- and inserting ,paragraphs 7#a7 and 7#b7--2 and 7#e7 in paragraph 7#d77;,a7 7as redesignated7 by striking ,paragraph 7#a7 and inserting ,paragraphs 7#a7 and 7#b74 7b7 ,effective date ,the amendments made by this section shall have the force and effect as if enacted on the date of enactment of the ,federal ,aviation ,administration ,authorization ,act of #aiid 7,public ,law #ajc-cje74 ,,ii ,innovative ,project ,finance #bjja4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments 7a7 ,definitions 7#a7 ,master credit agreement ,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 agency prior to the ,secretary entering into such master credit agreement7 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 funds1 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 transportation 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 ,eligible project costs ,section #fjb7;a77#e7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7 by inserting and 7,c7 after 7,b72 and 7#b7 by adding at the end the following3 7,c7 ,local infrastructure projects ,eligible project costs shall be reasonably anticipated to equal or exceed #aj1jjj1jjj in the case of a project or program of projects-- 7i7 in which the applicant is a local government1 public authority1 or instrumentality of local government2 7ii7 located on a facility owned by a local government2 or 7iii7 for which the ,secretary determines that a local government is substantially involved in the development of the project4 4 7d7 ,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;,b7-- 7,a7 if the maturity of such interim construction financing is later than #a year after the substantial completion of the project2 and 7,b7 later than #a year after the date of substantial completion of the project4 4 7e7 ,funding ,section #fjh7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#d72 and 7#b7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,administrative costs ,of the amounts made available to carry out this chapter1 the ,secretary may use not more than #e1jjj1jjj for fiscal year #bjaf1 #e1aej1jjj for fiscal year #bjag1 #e1cjd1ejj for fiscal year #bjah1 #e1dfc1ejj for fiscal year #bjai1 #e1fbg1ejj for fiscal year #bjbj1 and #e1gfj1ejj for fiscal year #bjba for the administration of this chapter4 4 #bjjb4 ,state infrastructure bank program ,section #faj of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a7 by striking subparagraph 7,a7 and inserting the following3 7,a7 #aj percent of the funds apportioned to the ,state for each of fiscal years #bjaf through #bjba under each of sections #ajd7;b77#a7 and #ajd7;b77#b72 and 2 7,b7 in paragraph 7#b7 by striking fiscal years #bjje through #bjji and inserting fiscal years #bjaf through #bjba2 7,c7 in paragraph 7#c7 by striking fiscal years #bjje through #bjji and inserting fiscal years #bjaf through #bjba2 and 7,d7 in paragraph 7#e7 by striking section #acc7;d77#c7 and inserting section #acc7;d77#a77;,a77i72 and 7#b7 in subsection 7k7 by striking fiscal years #bjje through #bjji and inserting fiscal years #bjaf through #bjba4 #bjjc4 ,availability payment concession model 7a7 ,payment to ,states for construction ,section #aba7;a7 of title #bc1 ,united ,states ,code1 is amended by inserting 7including payments made pursuant to a long-term concession agreement1 such as availability payments7 after a project4 7b7 ,project approval and oversight ,section #ajf7;b77#a7 of title #bc1 ,united ,states ,code1 is amended by inserting 7including payments made pursuant to a long-term concession agreement1 such as availability payments7 after construction of the project4 #bjjd4 ,streamlined application process ,section #fjc of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,streamlined application process 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae1 the ,secretary shall make available an expedited application process or processes available at the request of entities seeking secured loans under this chapter that use a set or sets of conventional terms established pursuant to this section4 7#b7 ,terms ,in establishing the streamlined application process required by this subsection1 the ,secretary may include terms commonly included in prior credit agreements and allow for an expedited application period1 including-- 7,a7 the secured loan is in an amount of not greater than #ajj1jjj1jjj2 7,b7 the secured loan is secured and payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge1 tax increment financing1 or a system-backed pledge of project revenues2 and 7,c7 repayment of the loan commence not later than #e years after disbursement4 4 ,,iii ,public ,transportation #cjja4 ,short title ,this title may be cited as the ,federal ,public ,transportation ,act of #bjae4 #cjjb4 ,definitions ,section #ecjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,c7 by striking landscaping and2 7#b7 by amending paragraph 7#c77;,i7 to read as follows3 7,i7 the provision of nonfixed route paratransit transportation services in accordance with section #bbc of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abadc71 but only for grant recipients that are in compliance with applicable requirements of that ,act1 including both fixed route and demand responsive service1 and only for amounts-- 7i7 not to exceed #aj percent of such recipient's annual formula apportionment under sections #ecjg and #ecaa2 or 7ii7 not to exceed #bj percent of such recipient's annual formula apportionment under sections #ecjg and #ecaa1 if consistent with guidance issued by the ,secretary1 the recipient demonstrates that the recipient meets at least one of the following requirements3 7,i7 ,provides an active fixed route travel training program that is available for riders with disabilities4 7,,ii7 ,provides that all fixed route and paratransit operators participate in a passenger safety1 disability awareness1 and sensitivity training class on at least a biennial basis4 7,,iii7 ,has memoranda of understanding in place with employers and ,american ,job ,centers to increase access to employment opportunities for people with disabilities4 2 and 7#c7 by adding at the end the following3 7#bd7 ,value capture ,the term value capture means recovering the increased property value to property located near public transportation resulting from investments in public transportation4 7#be7 ,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 4 #cjjc4 ,metropolitan and statewide transportation planning 7a7 ,in general ,section #ecjc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#b7 by striking and bicycle transportation facilities and inserting 1 bicycle transportation facilities1 and intermodal facilities that support intercity transportation1 including intercity buses and intercity bus facilities2 7#b7 in subsection 7d7-- 7,a7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#d7 through 7#g71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,representation 7,a7 ,in general ,designation or selection of officials or representatives under paragraph 7#b7 shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization4 7,b7 ,public transportation representative ,subject to the bylaws or enabling statute of the metropolitan planning organization1 a representative of a provider of public transportation may also serve as a representative of a local municipality4 7,c7 ,powers of certain officials ,an official described in paragraph 7#b77;,b7 shall have responsibilities1 actions1 duties1 voting rights1 and any other authority commensurate with other officials described in paragraph 7#b74 2 and 7,c7 in paragraph 7#e71 as so redesignated1 by striking paragraph 7#e7 and inserting paragraph 7#f72 7#c7 in subsection 7e77#d77;,b7 by striking subsection 7d77#e7 and inserting subsection 7d77#f72 7#d7 in subsection 7g77#c77;,a7 by inserting tourism1 natural disaster risk reduction1 after economic development12 7#e7 in subsection 7h77#a7-- 7,a7 in subparagraph 7,g7 by striking and at the end2 7,b7 in subparagraph 7,h7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,i7 improve the resilience and reliability of the transportation system4 2 7#f7 in subsection 7i7-- 7,a7 in paragraph 7#b77;,a77i7 by striking transit and inserting public transportation facilities1 intercity bus facilities2 7,b7 in paragraph 7#f77;,a7-- 7i7 by inserting public ports1 before freight shippers12 and 7ii7 by inserting 7including intercity bus operators1 employer-based commuting programs1 such as a carpool program1 vanpool program1 transit benefit program1 parking cash-out program1 shuttle program1 or telework program7 after private providers of transportation2 and 7,c7 in paragraph 7#h7 by striking paragraph 7#b77;,c7 each place it appears and inserting paragraph 7#b77;,e72 7#g7 in subsection 7k77#c7-- 7,a7 in subparagraph 7,a7 by inserting 7including intercity bus operators1 employer-based commuting programs1 such as a carpool program1 vanpool program1 transit benefit program1 parking cash-out program1 shuttle program1 or telework program71 job access projects1 after reduction2 and 7,b7 by adding at the end the following3 7,c7 ,congestion management plan ,a metropolitan planning organization with a transportation management area may develop a plan that includes projects and strategies that will be considered in the ,,tip of such metropolitan planning organization4 ,such plan shall-- 7i7 develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households2 7ii7 identify existing public transportation services1 employer-based commuter programs1 and other existing transportation services that support access to jobs in the region2 and 7iii7 identify proposed projects and programs to reduce congestion and increase job access opportunities4 7,d7 ,participation ,in developing the plan under subparagraph 7,c71 a metropolitan planning organization shall consult with employers1 private and non-profit providers of public transportation1 transportation management organizations1 and organizations that provide job access reverse commute projects or job-related services to low-income individuals4 2 7#h7 in subsection 7l7-- 7,a7 by adding a period at the end of paragraph 7#a72 and 7,b7 in paragraph 7#b77;,d7 by striking of less than #bjj1jjj and inserting with a population of #bjj1jjj or less2 and 7#i7 in subsection 7p7 by striking ,funds set aside under section #ajd7;f7 and inserting ,funds apportioned under section #ajd7;b77#e74 7b7 ,statewide and nonmetropolitan transportation planning ,section #ecjd of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b7 by striking and bicycle transportation facilities and inserting 1 bicycle transportation facilities1 and intermodal facilities that support intercity transportation1 including intercity buses and intercity bus facilities2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,g7 by striking and at the end2 7ii7 in subparagraph 7,h7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,i7 improve the resilience and reliability of the transportation system4 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b77ii7 by striking urbanized2 and 7ii7 in subparagraph 7,c7 by striking urbanized2 and 7#c7 in subsection 7f77#c77;,a77ii7-- 7,a7 by inserting public ports1 before freight shippers12 and 7,b7 by inserting 7including intercity bus operators1 employer-based commuting programs1 such as a carpool program1 vanpool program1 transit benefit program1 parking cash-out program1 shuttle program1 or telework program7 after private providers of transportation4 #cjjd4 ,urbanized area formula grants ,section #ecjg of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 7,b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,recipient defined ,in this section1 the term recipient means a designated recipient1 ,state1 or local governmental authority that receives a grant under this section directly from the ,government4 2 7,c7 in paragraph 7#c7 7as so redesignated7 by inserting or demand response service1 excluding ,,ada complementary paratransit service1 before during each place it appears2 and 7,d7 by adding at the end the following3 7#d7 ,exception to the special rule ,notwithstanding paragraph 7#c71 if a public transportation system described in such paragraph executes a written agreement with #a or more other public transportation systems to allocate funds under this subsection1 other than by measuring vehicle revenue hours1 each of the public transportation systems to the agreement may follow the terms of such agreement without regard to the percentages or the measured vehicle revenue hours referred to in such paragraph4 2 and 7#b7 in subsection 7c77#a77,k77i7 by striking #a percent and inserting one-half of #a percent4 #cjje4 ,fixed guideway capital investment grants ,section #ecji of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#f7-- 7,a7 in subparagraph 7,a7 by inserting 1 small start projects1 after new fixed guideway capital projects2 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 #b or more projects that are any combination of new fixed guideway capital projects1 small start projects1 and core capacity improvement projects4 2 7#b7 in subsection 7h77#f7-- 7,a7 by striking ,in carrying out and inserting the following3 7,a7 ,in general ,in carrying out 2 and 7,b7 by adding at the end the following3 7,b7 ,optional early rating ,at the request of the project sponsor1 the ,secretary shall evaluate and rate the project in accordance with paragraphs 7#d7 and 7#e7 and subparagraph 7,a7 of this paragraph upon completion of the analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 2 7#c7 in subsection 7i7-- 7,a7 in paragraph 7#a7 by striking subsection 7d7 or 7e7 and inserting subsection 7d71 7e71 or 7h72 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a7 by inserting new fixed guideway capital project or core capacity improvement after federally funded2 7ii7 by striking subparagraph 7,d7 and inserting the following3 7,d7 the program of interrelated projects1 when evaluated as a whole-- 7i7 meets the requirements of subsection 7d77#b71 subsection 7e77#b71 or paragraphs 7#c7 and 7#d7 of subsection 7h71 as applicable1 if the program is comprised entirely of-- 7,i7 new fixed guideway capital projects2 7,,ii7 core capacity improvement projects2 or 7,,iii7 small start projects2 or 7ii7 meets the requirements of subsection 7d77#b7 if the program is comprised of any combination of new fixed guideway projects1 small start projects1 and core capacity improvement projects4 2 7,c7 by striking paragraph 7#c77;,a7 and inserting the following3 7,a7 ,project advancement ,a project receiving a grant under this section that is part of a program of interrelated projects may not advance-- 7i7 in the case of a small start project1 from the project development phase to the construction phase unless the ,secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements2 or 7ii7 in the case of a new fixed guideway capital project or a core capacity improvement project1 from the project development phase to the engineering phase1 or from the engineering phase to the construction phase1 unless the ,secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements4 2 7#d7 in subsection 7l7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,based on engineering studies1 studies of economic feasibility1 and information on the expected use of equipment or facilities1 the ,secretary shall estimate the net capital project cost4 ,a grant for a new fixed guideway project shall not exceed #hj percent of the net capital project cost4 ,a full funding grant agreement for a new fixed guideway project shall not include a share of more than #ej percent from the funds made available under this section4 ,funds made available under section #acc of title #bc1 ,united ,states ,code1 may not be used for a grant agreement under subsection 7d74 ,a grant for a core capacity project shall not exceed #hj percent of the net capital project cost of the incremental cost to increase the capacity in the corridor4 ,a grant for a small start project shall not exceed #hj percent of the net capital project costs4 2 and 7,b7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,remaining costs ,the remainder of the net project costs shall be provided-- 7,a7 in cash from non-,government sources other than revenues from providing public transportation services2 7,b7 from revenues from the sale of advertising and concessions2 7,c7 from an undistributed cash surplus1 a replacement or depreciation cash fund or reserve1 or new capital2 or 7,d7 from amounts appropriated or otherwise made available to a department or agency of the ,government 7other than the ,department of ,transportation7 that are eligible to be expended for transportation4 2 7#e7 by striking subsection 7n7 and redesignating subsection 7o7 as subsection 7n72 and 7#f7 by adding at the end the following3 7o7 ,special rule ,for the purposes of calculating the cost effectiveness of a project described in subsection 7d7 or 7e71 the ,secretary shall not reduce or eliminate the capital costs of art and landscaping elements from the annualized capital cost calculation4 4 #cjjf4 ,formula grants for enhanced mobility of seniors and individuals with disabilities ,section #ecaj of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,best practices ,the ,secretary shall collect from1 review1 and disseminate to public transit agencies innovative practices1 program models1 new service delivery options1 findings from activities under subsection 7h71 and transit cooperative research program reports4 4 #cjjg4 ,formula grants for rural areas ,section #ecaa7;g77#c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,a7 through 7,d7 as subparagraphs 7,c7 through 7,f71 respectively2 7#b7 by inserting before subparagraph 7,c7 7as so redesignated7 the following3 7,a7 may be provided in cash from non-,government sources other than revenues from providing public transportation services2 7,b7 may be provided from revenues from the sale of advertising and concessions2 2 and 7#c7 in subparagraph 7,f7 7as so redesignated7 by inserting 1 including all operating and capital costs of such service whether or not offset by revenue from such service1 after the costs of a private operator for the unsubsidized segment of intercity bus service4 #cjjh4 ,public transportation innovation 7a7 ,consolidation of programs ,section #ecab of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking the section designation and heading and inserting the following3 #ecab4 ,public transportation innovation 2 7#b7 by redesignating subsections 7a7 through 7f7 as subsections 7b7 through 7g71 respectively2 7#c7 by inserting before subsection 7b7 7as so redesignated7 the following3 7a7 ,in general ,the ,secretary shall provide assistance for projects and activities to advance innovative public transportation research and development in accordance with the requirements of this section4 2 7#d7 in subsection 7e77#e7 7as so redesignated7-- 7,a7 in subparagraph 7,a7 by striking clause 7vi7 and redesignating clause 7vii7 as clause 7vi72 7,b7 in subparagraph 7,b7 by striking recipients and inserting participants2 7,c7 in subparagraph 7,c7 by striking clause 7ii7 and inserting the following3 7ii7 ,government share of costs for certain projects ,a grant for a project carried out under this paragraph shall be #hj percent of the net project cost of the project unless the grant recipient requests a lower grant percentage4 2 and 7,d7 by striking subparagraph 7,g72 7#e7 in subsection 7f7 7as so redesignated7-- 7,a7 by striking 7f7 and all that follows before paragraph 7#a7 and inserting the following3 7f7 ,annual report on research ,not later than the first ,monday in ,february of each year1 the ,secretary shall make available to the public on the ,web site of the ,department of ,transportation1 a report that includes-- 2 7,b7 in paragraph 7#a7 by adding and at the end2 7,c7 in paragraph 7#b7 by striking 2 and and inserting a period2 and 7,d7 by striking paragraph 7#c72 and 7#f7 by adding at the end the following3 7h7 ,transit cooperative research program 7#a7 ,in general ,the amounts made available under section #ecch7;b7 are available for a public transportation cooperative research program4 7#b7 ,independent governing board 7,a7 ,establishment ,the ,secretary shall establish an independent governing board for the program under this subsection4 7,b7 ,recommendations ,the board shall recommend public transportation research1 development1 and technology transfer activities the ,secretary considers appropriate4 7#c7 ,federal assistance ,the ,secretary may make grants to1 and enter into cooperative agreements with1 the ,national ,academy of ,sciences to carry out activities under this subsection that the ,secretary considers appropriate4 7#d7 ,government's share ,if there would be a clear and direct financial benefit to an entity under a grant or contract financed under this subsection1 the ,secretary shall establish a ,government share consistent with that benefit4 7#e7 ,limitation on applicability ,subsections 7f7 and 7g7 shall not apply to activities carried out under this subsection4 4 7b7 ,conforming amendments ,section #ecab of such title 7as amended by subsection 7a7 of this section7 is further amended-- 7#a7 in subsection 7c77#a7 by striking subsection 7a77#b7 and inserting subsection 7b77#b72 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7 by striking subsection 7a77#b7 and inserting subsection 7b77#b72 and 7,b7 in paragraph 7#b77;,a7 by striking subsection 7b7 and inserting subsection 7c72 7#c7 in subsection 7e77#b7 in each of subparagraphs 7,a7 and 7,b7 by striking subsection 7a77#b7 and inserting subsection 7b77#b72 and 7#d7 in subsection 7f77#b7 by striking subsection 7d77#d7 and inserting subsection 7e77#d74 7c7 ,repeal ,section #ecac of such title1 and the item relating to that section in the analysis for chapter #ec of such title1 are repealed4 7d7 ,clerical amendment ,the analysis for chapter #ec of such title is amended by striking the item relating to section #ecab and inserting the following3 #ecab4 ,public transportation innovation4 4 #cjji4 ,technical assistance and workforce development 7a7 ,in general ,section #ecad of title #di1 ,united ,states ,code1 is amended to read as follows3 #ecad4 ,technical assistance and workforce development 7a7 ,technical assistance and standards 7#a7 ,technical assistance and standards development 7,a7 ,in general ,the ,secretary may make grants and enter into contracts1 cooperative agreements1 and other agreements 7including agreements with departments1 agencies1 and instrumentalities of the ,government7 to carry out activities that the ,secretary determines will assist recipients of assistance under this chapter to-- 7i7 more effectively and efficiently provide public transportation service2 7ii7 administer funds received under this chapter in compliance with ,federal law2 and 7iii7 improve public transportation4 7,b7 ,eligible activities ,the activities carried out under subparagraph 7,a7 may include-- 7i7 technical assistance2 and 7ii7 the development of voluntary and consensus-based standards and best practices by the public transportation industry1 including standards and best practices for safety1 fare collection1 intelligent transportation systems1 accessibility1 procurement1 security1 asset management to maintain a state of good repair1 operations1 maintenance1 vehicle propulsion1 communications1 and vehicle electronics4 7#b7 ,technical assistance ,the ,secretary1 through a competitive bid process1 may enter into contracts1 cooperative agreements1 and other agreements with national nonprofit organizations that have the appropriate demonstrated capacity to provide public-transportation-related technical assistance under this subsection4 ,the ,secretary may enter into such contracts1 cooperative agreements1 and other agreements to assist providers of public transportation to-- 7,a7 comply with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 through technical assistance1 demonstration programs1 research1 public education1 and other activities related to complying with such ,act2 7,b7 comply with human services transportation coordination requirements and to enhance the coordination of ,federal resources for human services transportation with those of the ,department of ,transportation through technical assistance1 training1 and support services related to complying with such requirements2 7,c7 meet the transportation needs of elderly individuals2 7,d7 increase transit ridership in coordination with metropolitan planning organizations and other entities through development around public transportation stations through technical assistance and the development of tools1 guidance1 and analysis related to market-based development around transit stations2 7,e7 address transportation equity with regard to the effect that transportation planning1 investment1 and operations have for low-income and minority individuals2 7,f7 facilitate best practices to promote bus driver safety2 7,g7 meet the requirements of sections #ecbc7;j7 and #ecbc7m72 7,h7 assist with the development and deployment of zero emission transit technologies2 and 7,i7 any other technical assistance activity that the ,secretary determines is necessary to advance the interests of public transportation4 7#c7 ,annual report on technical assistance ,not later than the first ,monday in ,february of each year1 the ,secretary shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure1 the ,committee on ,science1 ,space1 and ,technology1 and the ,committee on ,appropriations of the ,house of ,representatives a report that includes-- 7,a7 a description of each project that received assistance under this subsection during the preceding fiscal year2 7,b7 an evaluation of the activities carried out by each organization that received assistance under this subsection during the preceding fiscal year2 7,c7 a proposal for allocations of amounts for assistance under this subsection for the subsequent fiscal year2 and 7,d7 measurable outcomes and impacts of the programs funded under subsections 7b7 and 7c74 7#d7 ,government share of costs 7,a7 ,in general ,the ,government share of the cost of an activity carried out using a grant under this subsection may not exceed #hj percent4 7,b7 ,non-,government share ,the non-,government share of the cost of an activity carried out using a grant under this subsection may be derived from in-kind contributions4 7b7 ,human resources and training 7#a7 ,in general ,the ,secretary may undertake1 or make grants and contracts for1 programs that address human resource needs as they apply to public transportation activities4 ,a program may include-- 7,a7 an employment training program2 7,b7 an outreach program to increase veteran1 female1 individual with a disability1 minority 7including ,american ,indian or ,alaska ,native1 ,asian1 ,black or ,african ,american1 native ,hawaiian or other ,pacific ,islander1 and ,hispanic7 employment in public transportation activities2 7,c7 research on public transportation personnel and training needs2 7,d7 training and assistance for veteran and minority business opportunities2 and 7,e7 consensus-based national training standards and certifications in partnership with industry stakeholders4 7#b7 ,innovative public transportation frontline workforce development program 7,a7 ,in general ,the ,secretary shall establish a competitive grant program to assist the development of innovative activities eligible for assistance under subparagraph 7#a74 7,b7 ,eligible programs ,a program eligible for assistance under subsection 7a7 shall-- 7i7 develop apprenticeships for transit maintenance and operations occupations1 including hands-on1 peer trainer1 classroom and on-the-job training as well as training for instructors and on-the-job mentors2 7ii7 build local1 regional1 and statewide transit training partnerships in coordination with entities such as local employers1 local public transportation operators1 labor union organizations1 workforce development boards1 ,state workforce agencies1 ,state apprenticeship agencies 7where applicable71 and community colleges and university transportation centers1 to identify and address workforce skill gaps and develop skills needed for delivering quality transit service and supporting employee career advancement2 7iii7 provide improved capacity for safety1 security1 and emergency preparedness in local transit systems through-- 7,i7 developing the role of the frontline workforce in building and sustaining safety culture and safety systems in the industry and in individual public transportation systems2 7,,ii7 specific training1 in coordination with the ,national ,transit ,institute1 on security and emergency preparedness1 including protocols for coordinating with first responders and working with the broader community to address natural disasters or other threats to transit systems2 and 7,,iii7 training to address frontline worker roles in promoting health and safety for transit workers and the riding public1 and improving communication during emergencies between the frontline workforce and the riding public2 7iv7 address current or projected workforce shortages by developing career pathway partnerships with high schools1 community colleges1 and other community organizations for recruiting and training underrepresented populations1 including minorities1 women1 individuals with disabilities1 veterans1 and low-income populations as successful transit employees who can develop careers in the transit industry2 or 7v7 address youth unemployment by directing the ,secretary to award grants to local entities for work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to provide unemployed1 low-income young adults and low-income youth with skills that will lead to employment4 7,c7 ,selection of recipients ,to the maximum extent feasible1 the ,secretary shall select recipients that-- 7i7 are geographically diverse2 7ii7 address the workforce and human resources needs of large public transportation providers2 7iii7 address the workforce and human resources needs of small public transportation providers2 7iv7 address the workforce and human resources needs of urban public transportation providers2 7v7 address the workforce and human resources needs of rural public transportation providers2 7vi7 advance training related to maintenance of alternative energy1 energy efficiency1 or zero emission vehicles and facilities used in public transportation2 7vii7 target areas with high rates of unemployment2 7viii7 address current or projected workforce shortages in areas that require technical expertise2 7ix7 advance opportunities for minorities1 women1 veterans1 individuals with disabilities1 low-income populations1 and other underserved populations2 and 7x7 address in-demand industry sector or occupation1 as such term is defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7,d7 ,program outcomes ,a recipient of assistance under this subsection shall demonstrate outcomes for any program that includes skills training1 on-the-job training1 and work-based learning1 including-- 7i7 the impact on reducing public transportation workforce shortages in the area served2 7ii7 the diversity of training participants2 7iii7 the number of participants obtaining certifications or credentials required for specific types of employment2 7iv7 the percentage of program participants who are in unsubsidized employment during the second quarter after exit from any such program2 7v7 the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from any such program2 7vi7 the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from any such program2 7vii7 the percentage of program participants who obtain a recognized postsecondary credential1 or a secondary school diploma or its recognized equivalent1 during participation in or within #a year after exit from any such program2 and 7viii7 the percentage of program participants who1 during a program year1 are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment4 7,e7 ,report to ,congress ,the ,secretary shall make publically available a report on the ,frontline ,workforce ,development ,program for each fiscal year1 not later than ,december #ca of the year in which that fiscal year ends4 ,the report shall include a detailed description of activities carried out under this paragraph1 an evaluation of the program1 and policy recommendations to improve program effectiveness4 7#c7 ,government's share of costs ,the ,government share of the cost of a project carried out using a grant under paragraph 7#a7 or 7#b7 shall be #ej percent4 7#d7 ,use for technical assistance ,the ,secretary may use not more than #a percent of amounts made available to carry out this section to provide technical assistance for activities and programs developed1 conducted1 and overseen under paragraphs 7#a7 and 7#b74 7c7 ,national ,transit ,institute 7#a7 ,establishment ,the ,secretary shall establish a national transit institute and award grants to a public1 #d-year institution of higher education1 as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a771 in order to carry out the duties of the institute4 7#b7 ,duties 7,a7 ,in general ,in cooperation with the ,federal ,transit ,administration1 ,state transportation departments1 public transportation authorities1 and national and international entities1 the institute established 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 ,government-aid public transportation work4 7,b7 ,training and educational programs ,the training and educational programs developed under subparagraph 7,a7 may include courses in recent developments1 techniques1 and procedures related to-- 7i7 intermodal and public transportation planning2 7ii7 management2 7iii7 environmental factors2 7iv7 acquisition and joint-use rights-of-way2 7v7 engineering and architectural design2 7vi7 procurement strategies for public transportation systems2 7vii7 turnkey approaches to delivering public transportation systems2 7viii7 new technologies2 7ix7 emission reduction technologies2 7x7 ways to make public transportation accessible to individuals with disabilities2 7xi7 construction1 construction management1 insurance1 and risk management2 7xii7 maintenance2 7xiii7 contract administration2 7xiv7 inspection2 7xv7 innovative finance2 7xvi7 workplace safety2 and 7xvii7 public transportation security4 7#c7 ,providing education and training ,education and training of ,government1 ,state1 and local 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#d71 by the ,state1 with the approval of the ,secretary1 through grants and contracts with public and private agencies1 other institutions1 individuals1 and the institute4 7#d7 ,availability of amounts ,not more than #j4e percent of the amounts made available for a fiscal year beginning after ,september #cj1 #aiia1 to a ,state or public transportation authority in the ,state to carry out sections #ecjg and #ecji is available for expenditure by the ,state and public transportation authorities in the ,state1 with the approval of the ,secretary1 to pay not more than #hj percent of the cost of tuition and direct educational expenses related to educating and training ,state and local transportation employees under this subsection4 4 7b7 ,repeal ,section #ecbb of such title1 and the item relating to that section in the analysis for chapter #ec of such title1 are repealed4 7c7 ,clerical amendment ,the analysis for chapter #ec of such title is amended by striking the item relating to section #ecad and inserting the following3 #ecad4 ,technical assistance and workforce development4 4 #cjaj4 ,bicycle facilities ,section #ecai of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking #ij percent and inserting #hj percent2 and 7#b7 by striking #ie percent and inserting #hj percent4 #cjaa4 ,general provisions ,section #ecbc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7h7-- 7,a7 in paragraph 7#a7 by striking or at the end2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 pay incremental costs of incorporating art or landscaping into facilities1 including the costs of an artist on the design team2 or 2 7#b7 in subsection 7i7 by adding at the end the following3 7#c7 ,acquisition of base-model buses ,a grant for the acquisition of a base-model bus for use in public transportation may be not more than #he percent of the net project cost4 2 7#c7 in subsection 7j77#b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 when procuring rolling stock 7including train control1 communication1 and traction power equipment7 under this chapter-- 7i7 the cost of components and subcomponents produced in the ,united ,states-- 7,i7 for fiscal years #bjaf and #bjag1 is more than #fj percent of the cost of all components of the rolling stock2 7,,ii7 for fiscal years #bjah and #bjai1 is more than #fe percent of the cost of all components of the rolling stock2 and 7,,iii7 for fiscal year #bjbj and each fiscal year thereafter1 is more than #gj percent of the cost of all components of the rolling stock2 and 7ii7 final assembly of the rolling stock has occurred in the ,united ,states2 or 2 and 7#d7 by adding at the end the following3 7s7 ,value capture revenue eligible for local share ,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 7t7 ,special condition on charter bus transportation service ,if1 in a fiscal year1 the ,secretary is prohibited by law from enforcing regulations related to charter bus service under part #fjd of title #di1 ,code of ,federal ,regulations1 for any transit agency that during fiscal year #bjjh was both initially granted a #fj-;day period to come into compliance with such part #fjd1 and then was subsequently granted an exception from such part-- 7#a7 the transit agency shall be precluded from receiving its allocation of urbanized area formula grant funds for that fiscal year2 and 7#b7 any amounts withheld pursuant to paragraph 7#a7 shall be added to the amount that the ,secretary may apportion under section #eccf in the following fiscal year4 4 #cjab4 ,public transportation safety program ,section #ecbi of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in subparagraph 7,c7 by striking and at the end2 7,b7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,c7 by inserting after subparagraph 7,c7 the following3 7,d7 minimum safety standards to ensure the safe operation of public transportation systems that-- 7i7 are not related to performance standards for public transportation vehicles developed under subparagraph 7,c72 and 7ii7 to the extent practicable1 take into consideration-- 7,i7 relevant recommendations of the ,national ,transportation ,safety ,board2 7,,ii7 best practices standards developed by the public transportation industry2 7,,iii7 any minimum safety standards or performance criteria being implemented across the public transportation industry2 7,,iv7 relevant recommendations from the report under section #cjah of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae2 and 7,v7 any additional information that the ,secretary determines necessary and appropriate2 and 2 7#b7 by striking subsection 7f7 and inserting the following3 7f7 ,authority of ,secretary 7#a7 ,in general ,in carrying out this section1 the ,secretary may-- 7,a7 conduct inspections1 investigations1 audits1 examinations1 and testing of the equipment1 facilities1 rolling stock1 and operations of the public transportation system of a recipient2 7,b7 make reports and issue directives with respect to the safety of the public transportation system of a recipient or the public transportation industry generally2 7,c7 in conjunction with an accident investigation or an investigation into a pattern or practice of conduct that negatively affects public safety1 issue a subpoena to1 and take the deposition of1 any employee of a recipient or a ,state safety oversight agency1 if-- 7i7 before the issuance of the subpoena1 the ,secretary requests a determination by the ,attorney ,general as to whether the subpoena will interfere with an ongoing criminal investigation2 and 7ii7 the ,attorney ,general-- 7,i7 determines that the subpoena will not interfere with an ongoing criminal investigation2 or 7,,ii7 fails to make a determination under clause 7i7 before the date that is #cj days after the date on which the ,secretary makes a request under clause 7i72 7,d7 require the production of documents by1 and prescribe recordkeeping and reporting requirements for1 a recipient or a ,state safety oversight agency2 7,e7 investigate public transportation accidents and incidents and provide guidance to recipients regarding prevention of accidents and incidents2 7,f7 at reasonable times and in a reasonable manner1 enter and inspect relevant records of the public transportation system of a recipient2 and 7,g7 issue rules to carry out this section4 7#b7 ,additional authority 7,a7 ,administration of ,state safety oversight activities ,if the ,secretary finds that a ,state safety oversight agency that oversees a rail fixed guideway system operating in more than #b ,states has become incapable of providing adequate safety oversight of such system1 the ,secretary may administer ,state safety oversight activities for such rail fixed guideway system until the ,states develop a ,state safety oversight program certified by the ,secretary in accordance with subsection 7e74 7,b7 ,funding ,to carry out administrative and oversight activities authorized by this paragraph1 the ,secretary may use grant funds apportioned to an eligible ,state under subsection 7e77#f7 to develop or carry out a ,state safety oversight program4 2 7#c7 in subsection 7g77#a7-- 7,a7 in the matter preceding subparagraph 7,a7 by striking an eligible ,state1 as defined in subsection 7e71 and inserting a recipient2 7,b7 in subparagraph 7,c7 by striking and at the end2 7,c7 in subparagraph 7,d7 by striking the period at the end and inserting 2 or2 and 7,d7 by adding at the end the following3 7,e7 withholding not more than #be percent of financial assistance under section #ecjg4 2 and 7#d7 in subsection 7g77#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by inserting after funds the following3 or withhold funds2 and 7ii7 by inserting or 7#a77;,e7 after paragraph 7#a77;,d72 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 ,limitation ,the ,secretary may only withhold funds in accordance with paragraph 7#a77;,e71 if enforcement actions under subparagraph 7,a71 7,b71 7,c71 or 7,d7 did not bring the recipient into compliance4 4 #cjac4 ,apportionments ,section #eccf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 in the matter preceding paragraph 7#a7 by striking subsection 7h77#d7 and inserting subsection 7g77#e72 7#b7 in subsection 7b77#b77;,e7 by striking #bb4bg percent and inserting #bg percent2 7#c7 by striking subsection 7g7 and redesignating subsections 7h71 7i71 and 7j7 as subsections 7g71 7h71 and 7i71 respectively2 7#d7 in subsection 7g7 7as so redesignated7-- 7,a7 in paragraph 7#b7 by striking subsection 7j7 and inserting subsection 7i72 and 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 of amounts not apportioned under paragraphs 7#a7 and 7#b7-- 7,a7 for fiscal years #bjaf through #bjah1 #a4e percent shall be apportioned to urbanized areas with populations of less than #bjj1jjj in accordance with subsection 7h72 and 7,b7 for fiscal years #bjai through #bjba1 #b percent shall be apportioned to urbanized areas with populations of less than #bjj1jjj in accordance with subsection 7h72 2 7#e7 in subsection 7h77#b77;,a7 7as so redesignated7 by striking subsection 7h77#c7 and inserting subsection 7g77#c72 and 7#f7 in subsection 7i7 7as so redesignated7 by striking subsection 7h77#b7 and inserting subsection 7g77#b74 #cjad4 ,state of good repair grants ,section #eccg of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a7 by striking on a facility with access for other high-occupancy vehicles and inserting on high-occupancy vehicle lanes during peak hours2 7,b7 in paragraph 7#b7 by inserting vehicle after motorbus2 and 7,c7 by adding at the end the following3 7#e7 ,use of funds ,a recipient in an urbanized area may use any portion of the amount apportioned to the recipient under this subsection for high intensity fixed guideway state of good repair projects under subsection 7c7 if the recipient demonstrates to the satisfaction of the ,secretary that the high intensity motorbus public transportation vehicles in the urbanized area are in a state of good repair4 2 and 7#b7 by adding at the end the following3 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 cost shall be provided-- 7,a7 in cash from non-,government sources other than revenues from providing public transportation services2 7,b7 from revenues derived from the sale of advertising and concessions2 7,c7 from an undistributed cash surplus1 a replacement or depreciation cash fund or reserve1 or new capital2 or 7,d7 from amounts appropriated or otherwise made available to a department or agency of the ,government 7other than the ,department of ,transportation7 that are eligible to be expended for transportation4 4 #cjae4 ,authorizations ,section #ecch of title #di1 ,united ,states ,code1 is amended to read as follows3 #ecch4 ,authorizations 7a7 ,formula grants 7#a7 ,in general ,there shall be available from the ,mass ,transit ,account of the ,highway ,trust ,fund to carry out sections #ecje1 #ecjg1 #ecaj1 #ecaa1 #ecad7;c71 #ecah1 #ecce1 #eccg1 #ecci1 and #ecdj1 and section #bjjje7;b7 of the ,federal ,public ,transportation ,act of #bjab-- 7,a7 #h1gbc1ibe1jjj for fiscal year #bjaf2 7,b7 #h1hgi1baa1jjj for fiscal year #bjag2 7,c7 #i1jei1dei1jjj for fiscal year #bjah2 7,d7 #i1bdj1fdh1jjj for fiscal year #bjai2 7,e7 #i1dbi1jjj1jjj for fiscal year #bjbj2 and 7,f7 #i1fag1ehj1jjj for fiscal year #bjba4 7#b7 ,allocation of funds 7,a7 ,section #ecje ,of the amounts made available under paragraph 7#a71 there shall be available to carry out section #ecje-- 7i7 #abh1hjj1jjj for fiscal year #bjaf2 7ii7 #abh1hjj1jjj for fiscal year #bjag2 7iii7 #aca1dae1jjj for fiscal year #bjah2 7iv7 #acd1jdc1jjj for fiscal year #bjai2 7v7 #acf1gge1jjj for fiscal year #bjbj2 and 7vi7 #aci1eaa1jjj for fiscal year #bjba4 7,b7 ,pilot program #aj1jjj1jjj for each of fiscal years #bjaf through #bjba1 shall be available to carry out section #bjjje7;b7 of the ,federal ,public ,transportation ,act of #bjab2 7,c7 ,section #ecjg ,of the amounts made available under paragraph 7#a71 there shall be allocated in accordance with section #eccf to provide financial assistance for urbanized areas under section #ecjg-- 7i7 #d1deh1fej1jjj for fiscal year #bjaf2 7ii7 #d1deh1fej1jjj for fiscal year #bjag2 7iii7 #d1edi1afa1jjj for fiscal year #bjah2 7iv7 #d1fdj1add1jjj for fiscal year #bjai2 7v7 #d1gcd1gbd1jjj for fiscal year #bjbj2 and 7vi7 #d1hbi1dah1jjj for fiscal year #bjba4 7,d7 ,section #ecaj ,of the amounts made available under paragraph 7#a71 there shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section #ecaj-- 7i7 #bfb1age1jjj for fiscal year #bjaf2 7ii7 #bff1hda1jjj for fiscal year #bjag2 7iii7 #bgb1beh1jjj for fiscal year #bjah2 7iv7 #bgg1gjc1jjj for fiscal year #bjai2 7v7 #bhc1cfd1jjj for fiscal year #bjbj2 and 7vi7 #bhi1jca1jjj for fiscal year #bjba4 7,e7 ,section #ecaa 7i7 ,in general ,of the amounts made available under paragraph 7#a71 there shall be available to provide financial assistance for rural areas under section #ecaa-- 7,i7 #fjg1hjj1jjj for fiscal year #bjaf2 7,,ii7 #fjg1hjj1jjj for fiscal year #bjag2 7,,iii7 #fbj1ach1jjj for fiscal year #bjah2 7,,iv7 #fcb1eda1jjj for fiscal year #bjai2 7,v7 #fde1dcd1jjj for fiscal year #bjbj2 and 7,,vi7 #feh1cdc1jjj for fiscal year #bjba4 7ii7 ,suballocation ,of the amounts made available under clause 7i7-- 7,i7 there shall be available to carry out section #ecaa7;c77#a7 not less than #cj1jjj1jjj for each of fiscal years #bjaf through #bjba2 and 7,,ii7 there shall be available to carry out section #ecaa7;c77#b7 not less than #bj1jjj1jjj for each of fiscal years #bjaf through #bjba4 7,f7 ,section #ecad7;c7 ,of the amounts made available under paragraph 7#a71 there shall be available for the national transit institute under section #ecad7;c7 #e1jjj1jjj for each of fiscal years #bjaf through #bjba4 7,g7 ,section #ecah ,of the amounts made available under paragraph 7#a71 there shall be available for bus testing under section #ecah #c1jjj1jjj for each of fiscal years #bjaf through #bjba4 7,h7 ,section #ecce ,of the amounts made available under paragraph 7#a71 there shall be available to carry out section #ecce #c1hej1jjj for each of fiscal years #bjaf through #bjba4 7,i7 ,section #eccg ,of the amounts made available under paragraph 7#a71 there shall be available to carry out section #eccg-- 7i7 #b1aih1chi1jjj for fiscal year #bjaf2 7ii7 #b1bcg1ebj1jjj for fiscal year #bjag2 7iii7 #b1bhb1ida1jjj for fiscal year #bjah2 7iv7 #b1cbh1fjj1jjj for fiscal year #bjai2 7v7 #b1cgf1jfd1jjj for fiscal year #bjbj2 and 7vi7 #b1dbc1ehe1jjj for fiscal year #bjba4 7,j7 ,section #ecci7;c7 ,of the amounts made available under paragraph 7#a71 there shall be available for bus and bus facilities programs under section #ecci7;c7-- 7i7 #dcj1jjj1jjj for fiscal year #bjaf2 7ii7 #dca1hej1jjj for fiscal year #bjag2 7iii7 #dde1abj1jjj for fiscal year #bjah2 7iv7 #deh1dei1jjj for fiscal year #bjai2 7v7 #dgb1cbf1jjj for fiscal year #bjbj2 and 7vi7 #dhf1baj1jjj for fiscal year #bjba4 7,k7 ,section #ecci7;d7 ,of the amounts made available under paragraph 7#a71 there shall be available for bus and bus facilities competitive grants under #ecci7;d7-- 7i7 #ceb1iej1jjj for fiscal year #bjaf2 7ii7 #dfb1iej1jjj for fiscal year #bjag2 7iii7 #dfh1bhh1jjj for fiscal year #bjah2 7iv7 #dgc1fec1ejj for fiscal year #bjai2 7v7 #dgi1bca1ejj for fiscal year #bjbj2 and 7vi7 #dhd1haf1jjj for fiscal year #bjba2 7,l7 ,section #ecdj ,of the amounts made available under paragraph 7#a71 there shall be allocated in accordance with section #ecdj to provide financial assistance for urbanized areas under section #ecjg and rural areas under section #ecaa-- 7i7 #bfb1iej1jjj for fiscal year #bjaf2 7ii7 #bfb1iej1jjj for fiscal year #bjag2 7iii7 #bfh1bhh1jjj for fiscal year #bjah2 7iv7 #bgc1fec1ejj for fiscal year #bjai2 7v7 #bgi1bca1ejj for fiscal year #bjbj2 and 7vi7 #bhd1haf1jjj for fiscal year #bjba4 7b7 ,research1 development demonstration and deployment projects ,there are authorized to be appropriated to carry out section #ecab-- 7#a7 #cc1die1jjj for fiscal year #bjaf2 7#b7 #cd1jia1jjj for fiscal year #bjag2 7#c7 #cd1ghc1jjj for fiscal year #bjah2 7#d7 #ce1dgi1jjj for fiscal year #bjai2 7#e7 #cf1bjb1jjj for fiscal year #bjbj2 and 7#f7 #cf1ibf1jjj for fiscal year #bjba4 7c7 ,technical assistance1 standards1 and workforce development ,there are authorized to be appropriated to carry out section #ecad-- 7#a7 #f1aef1jjj for fiscal year #bjaf2 7#b7 #h1aeb1jjj for fiscal year #bjag2 7#c7 #aj1dfh1jjj for fiscal year #bjah2 7#d7 #ab1gif1jjj for fiscal year #bjai2 7#e7 #ae1baf1jjj for fiscal year #bjbj2 and 7#f7 #ag1fci1jjj for fiscal year #bjba4 7d7 ,capital investment grants ,there are authorized to be appropriated to carry out section #ecji-- 7#a7 #b1jbi1jjj1jjj for fiscal year #bjaf2 7#b7 #b1jfe1jjj1jjj for fiscal year #bjag2 7#c7 #b1ajf1jjj1jjj for fiscal year #bjah2 7#d7 #b1adi1jjj1jjj for fiscal year #bjai2 7#e7 #b1aic1jjj1jjj for fiscal year #bjbj2 and 7#f7 #b1bcg1jjj1jjj for fiscal year #bjba4 7e7 ,administration 7#a7 ,in general ,there are authorized to be appropriated to carry out section #eccd1 #aje1icc1jjj for fiscal years #bjaf through #bjba4 7#b7 ,section #ecbi ,of the amounts authorized to be appropriated under paragraph 7#a71 not less than #d1ejj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #ecbi4 7#c7 ,section #ecbf ,of the amounts made available under paragraph 7#a71 not less than #a1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #ecbf4 7f7 ,period of availability ,amounts made available by or appropriated under this section shall remain available for obligation for a period of #c years after the last day of the fiscal year for which the funds are authorized4 7g7 ,grants as contractual obligations 7#a7 ,grants financed from highway trust fund ,a grant or contract that is approved by the ,secretary and financed with amounts made available from the ,mass ,transit ,account of the ,highway ,trust ,fund pursuant to this section is a contractual obligation of the ,government to pay the ,government share of the cost of the project4 7#b7 ,grants financed from general fund ,a grant or contract that is approved by the ,secretary and financed with amounts appropriated in advance from the general fund of the ,treasury pursuant to this section is a contractual obligation of the ,government to pay the ,government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an ,act of ,congress4 7h7 ,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 #a 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 #abb ,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 #eccg7;c71 of which not less than #j4be percent shall be available to carry out section #ecbi4 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 available to the ,secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement4 4 #cjaf4 ,bus and bus facility grants 7a7 ,in general ,section #ecci of title #di1 ,united ,states ,code1 is amended to read as follows3 #ecci4 ,bus and bus facility grants 7a7 ,general authority ,the ,secretary may make grants under this section to assist eligible recipients described in subsection 7b77#a7 in financing capital projects-- 7#a7 to replace1 rehabilitate1 and purchase buses and related equipment2 and 7#b7 to construct bus-related facilities4 7b7 ,eligible recipients and subrecipients 7#a7 ,recipients ,eligible recipients under this section are designated recipients that operate fixed route bus service or that allocate funding to fixed route bus operators4 7#b7 ,subrecipients ,a designated 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 7c7 ,formula grant distribution of funds 7#a7 ,in general ,funds made available for making grants under this subsection shall be distributed as follows3 7,a7 ,national distribution #fe1ejj1jjj for each of fiscal years #bjaf through #bjba shall be allocated to all ,states and territories1 with each ,state receiving #a1bej1jjj1 and each territory receiving #ejj1jjj1 for each such fiscal year4 7,b7 ,distribution using population and service factors ,the remainder of the funds not otherwise distributed under paragraph 7#a7 shall be allocated pursuant to the formula set forth in section #eccf 7other than subsection 7b7 of that section74 7#b7 ,transfers of apportionments 7,a7 ,transfer flexibility for national distribution funds ,the ,governor of a ,state may transfer any part of the ,state's apportionment under subparagraph 7,a7 to supplement-- 7i7 amounts apportioned to the ,state under section #ecaa7;c72 or 7ii7 amounts apportioned to urbanized areas under subsections 7a7 and 7c7 of section #eccf4 7,b7 ,transfer flexibility for population and service factors funds ,the ,governor of a ,state may expend in an urbanized area with a population of less than #bjj1jjj any amounts apportioned under paragraph 7#a77;,b7 that are not allocated to designated recipients in urbanized areas with a population of #bjj1jjj or more4 7#c7 ,period of availability to recipients 7,a7 ,in general ,amounts made available under this subsection may be obligated by a recipient for #c years after the fiscal year in which the amount is apportioned4 7,b7 ,reapportionment of unobligated amounts ,not later than #cj days after the end of the #c-year period described in subparagraph 7,a71 any amount that is not obligated on the last day of that period shall be added to the amount that may be apportioned under this subsection in the next fiscal year4 7#d7 ,pilot program for cost-effective capital investment 7,a7 ,in general ,for each of fiscal years #bjaf through #bjba1 the ,secretary shall carry out a pilot program under which an eligible designated recipient 7as described in subsection 7c77#a77 in an urbanized area with population of not less than #bjj1jjj and not more than #iii1iii may elect to participate in a ,state pool in accordance with this paragraph4 7,b7 ,purpose of ,state pools ,the purpose of a ,state pool shall be to allow for transfers of formula grant funds made available under this subsection among the designated recipients participating in the ,state pool in a manner that supports the transit asset management plans of the designated recipients under section #ecbf4 7,c7 ,requests for participation ,a ,state1 and designated recipients in the ,state described in subparagraph 7,a71 may submit to the ,secretary a request for participation in the program under procedures to be established by the ,secretary4 ,a designated recipient for a multistate area may participate in only #a ,state pool4 7,d7 ,allocations to participating ,states ,for each fiscal year1 the ,secretary shall allocate to each ,state participating in the program the total amount of funds that otherwise would be allocated to the urbanized areas of the designated recipients participating in the ,state's pool for that fiscal year pursuant to the formula referred to in paragraph 7#a74 7,e7 ,allocations to designated recipients in ,state pools ,a ,state shall distribute the amount that is allocated to the ,state for a fiscal year under subparagraph 7,d7 among the designated recipients participating in the ,state's pool in a manner that supports the transit asset management plans of the recipients under section #ecbf4 7,f7 ,allocation plans ,a ,state participating in the program shall develop an allocation plan for the period of fiscal years #bjaf through #bjba to ensure that a designated recipient participating in the ,state's pool receives under the program an amount of funds that equals the amount of funds that would have otherwise been available to the designated recipient for that period pursuant to the formula referred to in paragraph 7#a74 7,g7 ,grants ,the ,secretary shall make grants under this subsection for a fiscal year to a designated recipient participating in a ,state pool following notification by the ,state of the allocation amount determined under subparagraph 7,e74 7d7 ,competitive grants for bus state of good repair 7#a7 ,in general ,the ,secretary may make grants under this subsection to eligible recipients described in subsection 7b77#a7 to assist in financing capital projects described in subsection 7a74 7#b7 ,grant considerations ,in making grants under this subsection1 the ,secretary shall consider the age and condition of buses1 bus fleets1 related equipment1 and bus-related facilities of an eligible recipient4 7#c7 ,statewide applications ,a ,state may submit a statewide application on behalf of a public agency or private nonprofit organization engaged in public transportation in rural areas or other areas for which the ,state allocates funds4 ,the submission of a statewide application shall not preclude the submission and consideration of any application under this subsection from other eligible recipients in an urbanized area in a ,state4 7#d7 ,requirements for ,secretary ,the ,secretary shall-- 7,a7 disclose all metrics and evaluation procedures to be used in considering grant applications under this subsection upon issuance of the notice of funding availability in the ,federal ,register2 and 7,b7 publish a summary of final scores for selected projects1 metrics1 and other evaluations used in awarding grants under this subsection in the ,federal ,register4 7#e7 ,availability of funds ,any amounts made available to carry out this subsection-- 7,a7 shall remain available for #b fiscal years after the fiscal year for which the amount is made available2 and 7,b7 following the period of availability shall be made available to be apportioned under subsection 7c7 for the following fiscal year4 7#f7 ,limitation ,of the amounts made available under this subsection1 not more than #ae percent in fiscal year #bjaf and not more than #e percent in each of fiscal years #bjag through #bjba may be awarded to a single recipient4 7#g7 ,grant flexibility ,if the ,secretary determines that there are not sufficient grant applications that meet the metrics described in paragraph 7#d77;,a7 to utilize the full amount of funds made available to carry out this subsection for a fiscal year1 the ,secretary may use the remainder of the funds for making apportionments under sections #ecjg and #ecaa4 7e7 ,generally applicable provisions 7#a7 ,grant requirements ,a grant under this section shall be subject to the requirements of-- 7,a7 section #ecjg for recipients of grants made in urbanized areas2 and 7,b7 section #ecaa for recipients of grants made in rural areas4 7#b7 ,government's share of costs 7,a7 ,capital projects ,a grant for a capital project under this section shall be for #hj percent of the net capital costs of the project4 ,a recipient of a grant under this section may provide additional local matching amounts4 7,b7 ,remaining costs ,the remainder of the net project cost shall be provided-- 7i7 in cash from non-,government sources other than revenues from providing public transportation services2 7ii7 from revenues derived from the sale of advertising and concessions2 7iii7 from an undistributed cash surplus1 a replacement or depreciation cash fund or reserve1 or new capital2 or 7iv7 from amounts received under a service agreement with a ,state or local social service agency or private social service organization4 7f7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,state ,the term ,state means a ,state of the ,united ,states4 7#b7 ,territory ,the term territory means the ,district of ,columbia1 ,puerto ,rico1 the ,northern ,mariana ,islands1 ,guam1 ,american ,samoa1 and the ,united ,states ,virgin ,islands4 4 7b7 ,clerical amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #ecci and inserting the following3 #ecci4 ,bus and bus facility grants4 4 #cjag4 ,obligation ceiling ,notwithstanding any other provision of law1 the total of all obligations from amounts made available from the ,mass ,transit ,account of the ,highway ,trust ,fund by subsection 7a7 of section #ecch of title #di1 ,united ,states ,code1 shall not exceed-- 7#a7 #h1gbd1jjj1jjj in fiscal year #bjaf2 7#b7 #h1hgi1jjj1jjj in fiscal year #bjag2 7#c7 #i1jei1jjj1jjj in fiscal year #bjah2 7#d7 #i1bdj1jjj1jjj in fiscal year #bjai2 7#e7 #i1dbi1jjj1jjj in fiscal year #bjbj2 and 7#f7 #i1fah1jjj1jjj in fiscal year #bjba4 #cjah4 ,innovative procurement 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,cooperative procurement contract ,the term cooperative procurement contract means a contract-- 7,a7 entered into between a ,state government and #a or more vendors2 and 7,b7 under which the vendors agree to provide an option to purchase rolling stock and related equipment to multiple participants4 7#b7 ,lead procurement agency ,the term lead procurement agency means a ,state government that acts in an administrative capacity on behalf of each participant in a cooperative procurement contract4 7#c7 ,participant ,the term participant means a grantee that participates in a cooperative procurement contract4 7#d7 ,participate ,the term participate means to purchase rolling stock and related equipment under a cooperative procurement contract using assistance provided under chapter #ec of title #di1 ,united ,states ,code4 7#e7 ,grantee ,the term grantee means a recipient and subrecipient of assistance under chapter #ec of title #di1 ,united ,states ,code4 7b7 ,cooperative procurement 7#a7 ,general rules 7,a7 ,procurement not limited to intrastate participants ,a grantee may participate in a cooperative procurement contract without regard to whether the grantee is located in the same ,state as the parties to the contract4 7,b7 ,voluntary participation ,participation by grantees in a cooperative procurement contract shall be voluntary4 7#b7 ,authority ,a ,state government may enter into a cooperative procurement contract with #a or more vendors if the vendors agree to provide an option to purchase rolling stock and related equipment to the lead procurement agency and any other participant4 7#c7 ,applicability of policies and procedures ,in procuring rolling stock and related equipment under a cooperative procurement contract under this subsection1 a lead procurement agency shall comply with the policies and procedures that apply to procurement by the ,state government when using non-,federal funds1 to the extent that the policies and procedures are in conformance with applicable ,federal law4 7c7 ,joint procurement clearinghouse 7#a7 ,in general ,the ,secretary shall establish a clearinghouse for the purpose of allowing grantees to aggregate planned rolling stock purchases and identify joint procurement participants4 7#b7 ,information on procurements ,the clearinghouse may include information on bus size1 engine type1 floor type1 and any other attributes necessary to identify joint procurement participants4 7#c7 ,limitations 7,a7 ,access ,the clearinghouse shall only be accessible to the ,federal ,transit ,administration and grantees4 7,b7 ,participation ,no grantees shall be required to submit procurement information to the database4 #cjai4 ,review of public transportation safety standards 7#a7 ,review required 7,a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall begin a review of the safety standards and protocols used in public transportation systems in the ,united ,states that examines the efficacy of existing standards and protocols4 7,b7 ,contents of review ,in conducting the review under this paragraph1 the ,secretary shall review-- 7i7 minimum safety performance standards developed by the public transportation industry2 7ii7 safety performance standards1 practices1 or protocols in use by rail fixed guideway public transportation systems1 including-- 7,i7 written emergency plans and procedures for passenger evacuations2 7,,ii7 training programs to ensure public transportation personnel compliance and readiness in emergency situations2 7,,iii7 coordination plans approved by recipients with local emergency responders having jurisdiction over a rail fixed guideway public transportation system1 including-- 7aa7 emergency preparedness training1 drills1 and familiarization programs for the first responders2 and 7bb7 the scheduling of regular field exercises to ensure appropriate response and effective radio and public safety communications2 7,,iv7 maintenance1 testing1 and inspection programs to ensure the proper functioning of-- 7aa7 tunnel1 station1 and vehicle ventilation systems2 7bb7 signal and train control systems1 track1 mechanical systems1 and other infrastructure2 and 7cc7 other systems as necessary2 7,v7 certification requirements for train and bus operators and control center employees2 7,,vi7 consensus-based standards1 practices1 or protocols available to the public transportation industry2 and 7,,vii7 any other standards1 practices1 or protocols the ,secretary determines appropriate2 and 7iii7 rail and bus safety standards1 practices1 or protocols in use by public transportation systems1 regarding-- 7,i7 rail and bus design and the workstation of rail and bus operators1 as it relates to-- 7aa7 the reduction of blindspots that contribute to accidents involving pedestrians2 and 7bb7 protecting rail and bus operators from the risk of assault2 7,,ii7 scheduling fixed route rail and bus service with adequate time and access for operators to use restroom facilities2 7,,iii7 fatigue management2 and 7,,iv7 crash avoidance and worthiness4 7#b7 ,evaluation ,after conducting the review under paragraph 7#a71 the ,secretary shall1 in consultation with representatives of the public transportation industry1 evaluate the need to establish additional ,federal minimum public transportation safety standards4 7#c7 ,report ,after completing the review and evaluation required under paragraphs 7#a7 and 7#b71 but not later than #a year after the date of enactment of this ,act1 the ,secretary shall make available on a publicly accessible ,web site1 a report that includes-- 7,a7 findings based on the review conducted under paragraph 7#a72 7,b7 the outcome of the evaluation conducted under paragraph 7#b72 7,c7 a comprehensive set of recommendations to improve the safety of the public transportation industry1 including recommendations for statutory changes if applicable2 and 7,d7 actions that the ,secretary will take to address the recommendations provided under subparagraph 7,c71 including1 if necessary1 the authorities under section #ecbi7;b77#b77;,d7 of chapter #ec of title #di1 ,united ,states ,code4 #cjbj4 ,study on evidentiary protection for public transportation safety program information 7a7 ,study ,the ,comptroller ,general shall complete a study to evaluate whether it is in the public interest1 including public safety and the legal rights of persons injured in public transportation accidents1 to withhold from discovery or admission into evidence in a ,federal or ,state court proceeding any plan1 report1 data1 or other information or portion thereof1 submitted to1 developed1 produced1 collected1 or obtained by the ,secretary or the ,secretary's representative for purposes of complying with the requirements under section #ecbi of chapter #ec of title #di1 ,united ,states ,code1 including information related to a recipient's safety plan1 safety risks1 and mitigation measures4 7b7 ,input ,in conducting the study under subsection 7a71 the ,comptroller ,general shall solicit input from the public transportation recipients1 public transportation nonprofit employee labor organizations1 and impacted members of the general public4 7c7 ,report ,not later than #ah months after the date of enactment of this section1 the ,comptroller ,general shall issue a report1 with the findings of the study under subsection 7a71 including any recommendations on statutory changes regarding evidentiary protections that will increase transit safety4 #cjba4 ,mobility of seniors and individuals with disabilities 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,allocated cost model ,the term allocated cost model means a method of determining the cost of trips by allocating the cost to each trip purpose served by a transportation provider in a manner that is proportional to the level of transportation service that the transportation provider delivers for each trip purpose1 to the extent permitted by applicable ,federal laws4 7#b7 ,council ,the term ,council means the ,interagency ,transportation ,coordinating ,council on ,access and ,mobility established under ,executive ,order ,no4 #acccj 7#di ,u4,s4,c4 #aja note74 7b7 ,strategic plan ,not later than #a year after the date of enactment of this ,act1 the ,council shall publish a strategic plan for the ,council that-- 7#a7 outlines the role and responsibilities of each ,federal agency with respect to local transportation coordination1 including nonemergency medical transportation2 7#b7 identifies a strategy to strengthen interagency collaboration2 7#c7 addresses any outstanding recommendations made by the ,council in the #bjje ,report to the ,president relating to the implementation of ,executive ,order ,no4 #acccj1 including-- 7,a7 a cost-sharing policy endorsed by the ,council2 and 7,b7 recommendations to increase participation by recipients of ,federal grants in locally developed1 coordinated planning processes2 7#d7 to the extent feasible1 addresses recommendations by the ,comptroller ,general of the ,united ,states concerning local coordination of transportation services2 7#e7 examines and proposes changes to ,federal regulations that will eliminate ,federal barriers to local transportation coordination1 including non-emergency medical transportation2 and 7#f7 recommends to ,congress changes to ,federal laws1 except chapter #ec of title #di1 ,united ,states ,code1 that will eliminate ,federal barriers to local transportation coordination1 including nonemergency medical transportation4 7c7 ,development of cost-,sharing policy in compliance with applicable ,federal laws ,in establishing the cost-sharing policy required under subsection 7b71 the ,council may consider1 to the extent practicable-- 7#a7 the development of recommended strategies for grantees of programs funded by members of the ,council1 including strategies for grantees of programs that fund nonemergency medical transportation1 to use the cost-sharing policy in a manner that does not violate applicable ,federal laws2 and 7#b7 incorporation of an allocated cost model to facilitate local coordination efforts that comply with applicable requirements of programs funded by members of the ,council1 such as-- 7,a7 eligibility requirements2 7,b7 service delivery requirements2 and 7,c7 reimbursement requirements4 7d7 ,report ,the ,council shall1 concurrently with submission to the ,president of a report containing final recommendations of the ,council1 transmit such report to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 #cjbb4 ,improved transit safety measures 7a7 ,requirements ,not later than #ij days after publication of the report required in section #cjai1 the ,secretary shall issue a notice of proposed rulemaking on protecting transit operators from the risk of assault4 7b7 ,consideration ,in the proposed rulemaking the ,secretary shall consider-- 7#a7 different safety needs of drivers of different modes2 7#b7 differences in operating environments2 7#c7 the use of technology to mitigate driver assault risks2 7#d7 existing experience1 from both agencies and operators who already are using or testing driver assault mitigation infrastructure2 and 7#e7 the impact of the rule on future rolling stock procurements and vehicles currently in revenue service4 7c7 ,savings ,clause ,nothing in this section may be construed as prohibiting the ,secretary from issuing different comprehensive worker protections1 including standards for mitigating assaults4 #cjbc4 ,paratransit system under ,,fta approved coordinated plan ,notwithstanding the provisions of part #cg4aca7;c7 of title #di1 ,code of ,federal ,regulations1 any paratransit system currently coordinating complementary paratransit service for more than #dj fixed route agencies shall be permitted to continue using an existing tiered1 distance-based coordinated paratransit fare system4 #cjbd4 ,report on potential of ,internet of ,things ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,transportation shall submit to ,congress a report on the potential of the ,internet of ,things to improve transportation services in rural1 suburban1 and urban areas4 ,such report shall include-- 7#a7 a survey of the communities1 cities1 and ,states that are using innovative transportation systems to meet the needs of ageing populations2 7#b7 best practices to protect privacy and security determined as a result of such survey2 7#c7 recommendations with respect to the potential of the ,internet of ,things to assist local1 ,state1 and ,federal planners to develop more efficient and accurate projections of the transportation needs of rural1 suburban1 and urban communities4 #cjbe4 ,report on parking safety 7a7 ,report ,not later than #h months after the date of enactment of this ,act1 the ,secretary shall submit a report to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate regarding the safety of certain facilities and locations1 focusing on any property damage1 injuries or deaths1 and other incidents that occur or originate at locations intended to encourage public use of alternative transportation1 including-- 7#a7 car pool lots2 7#b7 mass transit lots2 7#c7 local1 ,state1 or regional rail stations2 7#d7 rest stops2 7#e7 college or university lots2 7#f7 bike paths or walking trails2 and 7#g7 any other locations that the ,secretary considers appropriate4 7b7 ,recommendations ,included with the report1 the ,secretary shall make recommendations to ,congress on the best ways to use innovative technologies to increase safety and ensure a better response by transit security1 local1 ,state1 and ,federal law enforcement to address threats to public safety4 #cjbf4 ,appointment of directors of the ,washington ,metropolitan ,area ,transit ,authority 7a7 ,definitions ,in this section-- 7#a7 the term ,compact means the ,washington ,metropolitan ,area ,transit ,authority ,compact 7,public ,law #hi-ggd2 #hj ,stat4 #acbd72 7#b7 the term ,federal ,director means-- 7,a7 a voting member of the ,board of ,directors of the ,transit ,authority who represents the ,federal ,government2 and 7,b7 a nonvoting member of the ,board of ,directors of the ,transit ,authority who serves as an alternate for a member described in subparagraph 7,a72 and 7#c7 the term ,transit ,authority means the ,washington ,metropolitan ,area ,transit ,authority established under ,article ,,iii of the ,compact4 7b7 ,appointment by ,secretary of ,transportation 7#a7 ,in general ,for any appointment made on or after the date of enactment of this ,act1 the ,secretary of ,transportation shall have sole authority to appoint ,federal ,directors to the ,board of ,directors of the ,transit ,authority4 7#b7 ,amendment to ,compact ,the signatory parties to the ,compact shall amend the ,compact as necessary in accordance with paragraph 7#a74 #cjbg4 ,effectiveness of public transportation changes and funding ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general shall examine and evaluate the impact of the changes that ,,map-#ba had on public transportation1 including-- 7#a7 the ability and effectiveness of public transportation agencies to provide public transportation to low-income workers in accessing jobs and being able to use reverse commute services2 7#b7 whether services to low-income riders declined after ,,map-#ba was implemented2 and 7#c7 if guidance provided by the ,federal ,transit ,administration encouraged public transportation agencies to maintain and support services to low-income riders to allow them to access jobs1 medical services1 and other life necessities4 #cjbh4 ,increase support for ,growing ,states ,section #ecdj of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,apportionment ,of the amounts made available for each fiscal year under section #ecch7;b77#b77,m71 the ,secretary shall apportion #ajj percent to ,states and urbanized areas in accordance with subsection 7c74 2 and 7#b7 by striking subsection 7d74 ,,iv ,highway ,safety #djja4 ,authorization of appropriations 7a7 ,in general ,the following sums are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,highway safety programs ,for carrying out section #djb of title #bc1 ,united ,states ,code-- 7,a7 #bfj1bgd1bjj for fiscal year #bjaf2 7,b7 #bfe1ice1hbi for fiscal year #bjag2 7,c7 #bga1ghg1jjb for fiscal year #bjah2 7,d7 #bgh1jij1cjj for fiscal year #bjai2 7,e7 #bhd1hgd1hbi for fiscal year #bjbj2 and 7,f7 #bia1aie1eeh for fiscal year #bjba4 7#b7 ,highway safety research and development ,for carrying out section #djc of title #bc1 ,united ,states ,code-- 7,a7 #aae1iea1fjj for fiscal year #bjaf2 7,b7 #aah1cih1agi for fiscal year #bjag2 7,c7 #aba1ffe1ifh for fiscal year #bjah2 7,d7 #abd1ibf1faf for fiscal year #bjai2 7,e7 #abh1ahg1bja for fiscal year #bjbj2 and 7,f7 #aca1dee1ige for fiscal year #bjba4 7#c7 ,national priority safety programs ,for carrying out section #dje of title #bc1 ,united ,states ,code-- 7,a7 #bge1hfb1djj for fiscal year #bjaf2 7,b7 #bha1ahf1edd for fiscal year #bjag2 7,c7 #bhf1ejj1igj for fiscal year #bjah2 7,d7 #bib1caf1idj for fiscal year #bjai2 7,e7 #bih1fja1ged for fiscal year #bjbj2 and 7,f7 #cjd1cid1fbh for fiscal year #bjba4 7#d7 ,national driver register ,for the ,national ,highway ,traffic ,safety ,administration to carry out chapter #cjc of title #di1 ,united ,states ,code-- 7,a7 #e1jjj1jjj for fiscal year #bjaf2 7,b7 #e1jjj1jjj for fiscal year #bjag2 7,c7 #e1jjj1jjj for fiscal year #bjah2 7,d7 #e1jjj1jjj for fiscal year #bjai2 7,e7 #e1jjj1jjj for fiscal year #bjbj2 and 7,f7 #e1jjj1jjj for fiscal year #bjba4 7#e7 ,high-visibility enforcement program ,for carrying out section #djd of title #bc1 ,united ,states ,code-- 7,a7 #bi1daa1hjj for fiscal year #bjaf2 7,b7 #bi1igi1ddh for fiscal year #bjag2 7,c7 #cj1edf1jei for fiscal year #bjah2 7,d7 #ca1aff1add for fiscal year #bjai2 7,e7 #ca1hcf1baf for fiscal year #bjbj2 and 7,f7 #cb1dec1hci for fiscal year #bjba4 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 title-- 7,a7 #be1ejj1jjj for fiscal year #bjaf2 7,b7 #be1ejj1jjj for fiscal year #bjag2 7,c7 #be1ejj1jjj for fiscal year #bjah2 7,d7 #be1ejj1jjj for fiscal year #bjai2 7,e7 #be1ejj1jjj for fiscal year #bjbj2 and 7,f7 #be1ejj1jjj for fiscal year #bjba4 7b7 ,prohibition on other uses ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 and chapter #cjc of title #di1 ,united ,states ,code1 the amounts made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for a program under such chapters-- 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 chapter #cjc of title #di1 ,united ,states ,code1 amounts made available under subsection 7a7 for fiscal years #bjaf through #bjba shall be available for obligation in the same manner as if such funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7d7 ,state matching requirements ,if a grant awarded under chapter #d of title #bc1 ,united ,states ,code1 requires a ,state to share in the cost1 the aggregate of all expenditures for highway safety activities made during a fiscal year by the ,state and its political subdivisions 7exclusive of ,federal funds7 for carrying out the grant 7other than planning and administration7 that are in excess of the amount required under ,federal law shall be available for the purpose of crediting the ,state during such fiscal year for the non-,federal share of the cost of any other project carried out under chapter #d of title #bc1 ,united ,states ,code 7other than planning or administration71 without regard to whether such expenditures were made in connection with such project4 7e7 ,grant application and deadline ,to receive a grant under chapter #d of title #bc1 ,united ,states ,code1 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 ,section #djb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b77;,a7-- 7,a7 in clause 7vi7 by striking and at the end2 7,b7 in clause 7vii7 by inserting and after the semicolon2 and 7,c7 by adding at the end the following3 7viii7 to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities2 2 7#b7 in subsection 7c77#d71 by adding at the end the following3 7,c7 ,survey ,a ,state shall expend funds apportioned to that ,state under this section to conduct a biennial survey that the ,secretary shall make publicly available through the ,internet ,web site of the ,department of ,transportation that includes-- 7i7 a list of automated traffic enforcement systems in the ,state2 7ii7 adequate data to measure the transparency1 accountability1 and safety attributes of each automated traffic enforcement system2 and 7iii7 a comparison of each automated traffic enforcement system with-- 7,i7 ,speed ,enforcement ,camera ,systems ,operational ,guidelines 7,,dot ,,hs #haj #iaf1 ,march #bjjh72 and 7,,ii7 ,red ,light ,camera ,systems ,operational ,guidelines 7,,fhwa-,,sa-#je-jjb1 ,january #bjje74 2 7#c7 by striking subsection 7g7 and inserting 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 2 7#d7 in subsection 7k7-- 7,a7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,electronic submission ,the ,secretary1 in coordination with the ,governors ,highway ,safety ,association1 shall develop procedures to allow ,states to submit highway safety plans under this subsection1 including any attachments to the plans1 in electronic form4 2 and 7#e7 in subsection 7m77#b77;,a7-- 7,a7 in clause 7iv7 by striking and at the end2 and 7,b7 by adding at the end the following3 7vi7 increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities2 7vii7 support for school-based driver's education classes to improve teen knowledge about-- 7,i7 safe driving practices2 and 7,,ii7 ,state's graduated driving license requirements1 including behind-the-wheel training required to meet those requirements2 and 4 #djjc4 ,highway safety research and development ,section #djc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,e7 by striking and at the end2 7,b7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 7,c7 by inserting after subparagraph 7,e7 the following3 7,f7 the installation of ignition interlocks in the ,united ,states2 and 2 and 7,d7 in subparagraph 7,g71 as so redesignated1 by striking in subparagraphs 7,a7 through 7,e7 and inserting in subparagraphs 7,a7 through 7,f72 7#b7 in subsection 7h7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,funding ,the ,secretary shall obligate for each of fiscal years #bjaf through #bjba1 from funds made available to carry out this section1 except that the total obligated for the period covering fiscal years #bjaf through #bjba may not exceed #cb1jjj1jjj1 to conduct the research described in paragraph 7#a74 2 and 7#c7 by adding at the end the following3 7i7 ,limitation on drug and alcohol survey data ,the ,secretary shall establish procedures and guidelines to ensure that any person participating in a program or activity that collects data on drug or alcohol use by drivers of motor vehicles and is carried out under this section is informed that the program or activity is voluntary4 7j7 ,federal share ,the ,federal share of the cost of any project or activity carried out under this section may be not more than #ajj percent4 4 #djjd4 ,high-visibility enforcement program 7a7 ,in general ,section #djd of title #bc1 ,united ,states ,code1 is amended to read as follows3 #djd4 ,high-visibility enforcement program 7a7 ,in general ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall establish and administer a program under which not less than #c campaigns will be carried out in each of fiscal years #bjaf through #bjba4 7b7 ,purpose ,the purpose of each campaign carried out under this section shall be to achieve outcomes related to not less than #a of the following objectives3 7#a7 ,reduce alcohol-impaired or drug-impaired operation of motor vehicles4 7#b7 ,increase use of seatbelts by occupants of motor vehicles4 7#c7 ,reduce distracted driving of motor vehicles4 7c7 ,advertising ,the ,administrator may use1 or authorize the use of1 funds available to carry out this section to pay for the development1 production1 and use of broadcast and print media advertising and ,internet-based outreach in carrying out campaigns under this section4 ,consideration shall be given to advertising directed at non-,english speaking populations1 including those who listen to1 read1 or watch nontraditional media4 7d7 ,coordination with ,states ,the ,administrator shall coordinate with ,states in carrying out the campaigns under this section1 including advertising funded under subsection 7c71 with consideration given to-- 7#a7 relying on ,states to provide law enforcement resources for the campaigns out of funding available under sections #djb and #dje2 and 7#b7 providing out of ,national ,highway ,traffic ,safety ,administration resources most of the means necessary for national advertising and education efforts associated with the campaigns4 7e7 ,use of funds ,funds made available to carry out this section may only be used for activities described in subsection 7c74 7f7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,campaign ,the term campaign means a high-visibility traffic safety law enforcement campaign4 7#b7 ,state ,the term ,state has the meaning such term has under section #dja4 4 7b7 ,clerical amendment ,the analysis for chapter #d of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #djd and inserting the following3 #djd4 ,high-visibility enforcement program4 4 #djje4 ,national priority safety programs 7a7 ,general authority ,section #dje7;a7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7a7 ,general authority ,subject to the requirements of this section1 the ,secretary of ,transportation shall manage programs to address national priorities for reducing highway deaths and injuries4 ,funds shall be allocated according to the following3 7#a7 ,occupant protection ,in each fiscal year1 #ac percent of the funds provided under this section shall be allocated among ,states that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles 7as described in subsection 7b774 7#b7 ,state traffic safety information system improvements ,in each fiscal year1 #ad4e percent of the funds provided under this section shall be allocated among ,states that meet requirements with respect to ,state traffic safety information system improvements 7as described in subsection 7c774 7#c7 ,impaired driving countermeasures ,in each fiscal year1 #eb4e percent of the funds provided under this section shall be allocated among ,states that meet requirements with respect to impaired driving countermeasures 7as described in subsection 7d774 7#d7 ,distracted driving ,in each fiscal year1 #h4e percent of the funds provided under this section shall be allocated among ,states that adopt and implement effective laws to reduce distracted driving 7as described in subsection 7e774 7#e7 ,motorcyclist safety ,in each fiscal year1 #a4e percent of the funds provided under this section shall be allocated among ,states that implement motorcyclist safety programs 7as described in subsection 7f774 7#f7 ,state graduated driver licensing laws ,in each fiscal year1 #e percent of the funds provided under this section shall be allocated among ,states that adopt and implement graduated driver licensing laws 7as described in subsection 7g774 7#g7 ,nonmotorized safety ,in each fiscal year1 #e percent of the funds provided under this section shall be allocated among ,states that meet requirements with respect to nonmotorized safety 7as described in subsection 7h774 7#h7 ,transfers ,notwithstanding paragraphs 7#a7 through 7#g71 the ,secretary may reallocate1 before the last day of any fiscal year1 any amounts remaining available to carry out any of the activities described in subsections 7b7 through 7h7 to increase the amount made available under section #djb1 in order to ensure1 to the maximum extent possible1 that all such amounts are obligated during such fiscal year4 7#i7 ,maintenance of effort 7,a7 ,requirements ,no grant may be made to a ,state in any fiscal year under subsection 7b71 7c71 or 7d7 unless the ,state enters into such agreements with the ,secretary as the ,secretary may require to ensure that the ,state will maintain its aggregate expenditures from all ,state and local sources for programs described in those subsections at or above the average level of such expenditures in the #b fiscal years preceding the date of enactment of this paragraph4 7,b7 ,waiver ,upon the request of a ,state1 the ,secretary may waive or modify the requirements under subparagraph 7,a7 for not more than #a fiscal year if the ,secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances4 4 7b7 ,high seatbelt use rate ,section #dje7;b77#d77;,b7 of title #bc1 ,united ,states ,code1 is amended by striking 8#ge percent0 and inserting 8#ajj percent04 7c7 ,impaired driving countermeasures ,section #dje7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,use of grant amounts 7,a7 ,required programs ,high-range ,states shall use grant funds for-- 7i7 high-visibility enforcement efforts2 and 7ii7 any of the activities described in subparagraph 7,b7 if-- 7,i7 the activity is described in the statewide plan2 and 7,,ii7 the ,secretary approves the use of funding for such activity4 7,b7 ,authorized programs ,medium-range and low-range ,states may use grant funds for-- 7i7 any of the purposes described in subparagraph 7,a72 7ii7 hiring a full-time or part-time impaired driving coordinator of the ,state's activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol1 drugs1 or the combination of alcohol and drugs2 7iii7 court support of high-visibility enforcement efforts1 training and education of criminal justice professionals 7including law enforcement1 prosecutors1 judges1 and probation officers7 to assist such professionals in handling impaired driving cases1 hiring traffic safety resource prosecutors1 hiring judicial outreach liaisons1 and establishing driving while intoxicated courts2 7iv7 alcohol ignition interlock programs2 7v7 improving blood-alcohol concentration testing and reporting2 7vi7 paid and earned media in support of high-visibility enforcement efforts1 conducting standardized field sobriety training1 advanced roadside impaired driving evaluation training1 and drug recognition expert training for law enforcement1 and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the ,national ,highway ,traffic ,safety ,administration2 7vii7 training on the use of alcohol and drug screening and brief intervention2 7viii7 training for and implementation of impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of a person convicted of driving under the influence of alcohol1 drugs1 or a combination of alcohol and drugs and to determine the most effective mental health or substance abuse treatment or sanction that will reduce such risk2 7ix7 developing impaired driving information systems2 and 7x7 costs associated with a #bd_/g sobriety program4 7,c7 ,other programs ,low-range ,states may use grant funds for any expenditure designed to reduce impaired driving based on problem identification and may use not more than #ej percent of funds made available under this subsection for any project or activity eligible for funding under section #djb4 ,medium- and high-range ,states may use funds for any expenditure designed to reduce impaired driving based on problem identification upon approval by the ,secretary4 2 and 7#b7 by striking paragraph 7#f77;,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 any individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock installed4 ,such law may provide limited exceptions for circumstances when-- 7i7 a ,state-certified ignition interlock provider is not available within #ajj miles of the individual's residence2 7ii7 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 7iii7 the individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device4 4 7d7 ,distracted driving grants ,section #dje7;e7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7e7 ,distracted driving grants 7#a7 ,in general ,the ,secretary shall award a grant under this subsection to any ,state that includes distracted driving awareness as part of the ,state's driver's license examination1 and enacts and enforces a law that meets the requirements set forth in paragraphs 7#b7 and 7#c74 7#b7 ,prohibition on texting while driving ,a ,state law meets the requirements set forth in this paragraph if the law-- 7,a7 prohibits a driver from texting through a personal wireless communications device while driving2 7,b7 makes violation of the law a primary offense2 7,c7 establishes a minimum fine for a violation of the law2 and 7,d7 does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic4 7#c7 ,prohibition on youth cell phone use while driving or stopped in traffic ,a ,state law meets the requirements set forth in this paragraph if the law-- 7,a7 prohibits a driver from using a personal wireless communications device while driving if the driver is-- 7i7 younger than #ah years of age2 or 7ii7 in the learner's permit and intermediate license stages set forth in subsection 7g77#b77;,b72 7,b7 makes violation of the law a primary offense2 7,c7 establishes a minimum fine for a violation of the law2 and 7,d7 does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic4 7#d7 ,permitted exceptions ,a law that meets the requirements set forth in paragraph 7#b7 or 7#c7 may provide exceptions for-- 7,a7 a driver who uses a personal wireless communications device to contact emergency services2 7,b7 emergency services personnel who use a personal wireless communications device while-- 7i7 operating an emergency services vehicle2 and 7ii7 engaged in the performance of their duties as emergency services personnel2 7,c7 an individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual's employment if such use is permitted under the regulations promulgated pursuant to section #caacf of title #di2 and 7,d7 any additional exceptions determined by the ,secretary through a rulemaking process4 7#e7 ,use of grant funds 7,a7 ,in general ,except as provided in subparagraph 7,b71 amounts received by a ,state under this subsection shall be used-- 7i7 to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving2 7ii7 for traffic signs that notify drivers about the distracted driving law of the ,state2 or 7iii7 for law enforcement costs related to the enforcement of the distracted driving law4 7,b7 ,flexibility 7i7 ,not more than #ej percent of amounts received by a ,state under this subsection may be used for any eligible project or activity under section #djb4 7ii7 ,not more than #ge percent of amounts received by a ,state under this subsection may be used for any eligible project or activity under section #djb if the ,state has conformed its distracted driving data to the most recent ,model ,minimum ,uniform ,crash ,criteria published by the ,secretary4 7#f7 ,allocation to support state distracted driving laws ,of the amounts available under this subsection in a fiscal year for distracted driving grants1 the ,secretary may expend not more than #e1jjj1jjj for the development and placement of broadcast media to reduce distracted driving of motor vehicles1 including to support campaigns related to distracted driving that are funded under section #djd4 7#g7 ,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#h7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,driving ,the term driving-- 7i7 means operating a motor vehicle on a public road2 and 7ii7 does not include operating a motor vehicle when the vehicle has pulled over to the side of1 or off1 an active roadway and has stopped in a location where it can safely remain stationary4 7,b7 ,personal wireless communications device ,the term personal wireless communications device-- 7i7 means a device through which personal wireless services 7as defined in section #ccb7;c77#g77;,c77i7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;c77#g77;,c77i777 are transmitted2 and 7ii7 does not include a global navigation satellite system receiver used for positioning1 emergency notification1 or navigation purposes4 7,c7 ,primary offense ,the term primary offense means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense4 7,d7 ,public road ,the term public road has the meaning given such term in section #djb7;c74 7,e7 ,texting ,the term texting means reading from or manually entering data into a personal wireless communications device1 including doing so for the purpose of ,,sms texting1 emailing1 instant messaging1 or engaging in any other form of electronic data retrieval or electronic data communication4 4 7e7 ,motorcyclist safety ,section #dje7;f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#b7 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 except 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 such section for fiscal year #bjji4 2 7#b7 in paragraph 7#d7 by adding at the end the following3 7,c7 ,flexibility ,not more than #ej percent of grant funds received by a ,state under this subsection may be used for any eligible project or activity under section #djb if the ,state is in the lowest #be percent of all ,states for motorcycle deaths per #aj1jjj motorcycle registrations based on the most recent data that conforms with criteria established by the ,secretary4 2 and 7#c7 by adding at the end the following3 7#f7 ,share-the-road model language ,not later than #a year after the date of enactment of this paragraph1 the ,secretary shall update and provide to the ,states model language for use in traffic safety education courses1 driver's manuals1 and other driver training materials that provides instruction for drivers of motor vehicles on the importance of sharing the road safely with motorcyclists4 4 7f7 ,state graduated driver licensing incentive grant ,section #dje7;g7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7g7 ,state graduated driver licensing incentive grant 7#a7 ,grants authorized ,subject to the requirements under this subsection1 the ,secretary shall award grants to ,states that adopt and implement graduated driver licensing laws in accordance with the requirements set forth in paragraph 7#b74 7#b7 ,minimum requirements 7,a7 ,in general ,a ,state meets the requirements set forth in this paragraph if the ,state has a graduated driver licensing law that requires novice drivers younger than #ah years of age to comply with the #b-stage licensing process described in subparagraph 7,b7 before receiving an unrestricted driver's license4 7,b7 ,licensing process ,a ,state is in compliance with the #b-stage licensing process described in this subparagraph if the ,state's driver's license laws comply with the additional requirements under subparagraph 7,c7 and includes-- 7i7 a learner's permit stage that-- 7,i7 is not less than #f months in duration and remains in effect until the driver reaches not less than #af years of age2 7,,ii7 contains a prohibition on the driver using a personal wireless communications device 7as defined in subsection 7e77 while driving except under an exception permitted under subsection 7e77#d72 7,,iii7 requires that the driver be accompanied and supervised at all times while operating a motor vehicle by a licensed driver who is-- 7aa7 not less than #ba years of age2 7bb7 the driver's parent or guardian2 or 7cc7 a ,state-certified driving instructor2 and 7,,iv7 complies with the additional requirements for a learner's permit stage set forth in subparagraph 7,c77i72 and 7ii7 an intermediate stage that-- 7,i7 is not less than #f months in duration2 7,,ii7 contains a prohibition on the driver using a personal wireless communications device 7as defined in subsection 7e77 while driving except under an exception permitted under subsection 7e77#d72 7,,iii7 for the first #f months of such stage1 restricts driving at night when not supervised by a licensed driver described in clause 7i77,,iii71 excluding transportation to work1 school1 or religious activities1 or in the case of an emergency2 7,,iv7 for a period of not less than #f months1 prohibits the driver from operating a motor vehicle with more than #a nonfamilial passenger under #ba years of age unless a licensed driver described in clause 7i77,,iii7 is in the vehicle2 and 7,v7 complies with the additional requirements for an intermediate stage set forth in subparagraph 7,c77ii74 7,c7 ,additional requirements 7i7 ,learner's permit stage ,in addition to the requirements of subparagraph 7,b77i71 a learner's permit stage shall include not less than #b of the following requirements3 7,i7 ,passage of a vision and knowledge assessment by a learner's permit applicant prior to receiving a learner's permit4 7,,ii7 ,the driver completes-- 7aa7 a ,state-certified driver education or training course2 or 7bb7 not less than #dj hours of behind-the-wheel training with a licensed driver described in subparagraph 7,b77i77,,iii74 7,,iii7 ,in addition to any other penalties imposed by ,state law1 the grant of an unrestricted driver's license or advancement to an intermediate stage be automatically delayed for any individual who1 during the learner's permit stage1 is convicted of a driving-related offense1 including-- 7aa7 driving while intoxicated2 7bb7 misrepresentation of the individual's age2 7cc7 reckless driving2 7dd7 driving without wearing a seatbelt2 7ee7 speeding2 or 7ff7 any other driving-related offense1 as determined by the ,secretary4 7ii7 ,intermediate stage ,in addition to the requirements of subparagraph 7,b77ii71 an intermediate stage shall include not less than #b of the following requirements3 7,i7 ,commencement of such stage after the successful completion of a driving skills test4 7,,ii7 ,that such stage remain in effect until the driver reaches the age of not less than #ag4 7,,iii7 ,in addition to any other penalties imposed by ,state law1 the grant of an unrestricted driver's license be automatically delayed for any individual who1 during the learner's permit stage1 is convicted of a driving-related offense1 including those described in clause 7i77,,iii74 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 ,allocation ,grant funds allocated 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#e7 ,use of funds 7,a7 ,in general ,except as provided in subparagraph 7,b71 grant funds received by a ,state under this subsection 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 #djb7m74 7,b7 ,flexibility 7i7 ,not more than #ge percent of grant funds received by a ,state under this subsection may be used for any eligible project or activity under section #djb4 7ii7 ,not more than #ajj percent of grant funds received by a ,state under this subsection may be used for any eligible project or activity under section #djb1 if the ,state is in the lowest #be percent of all ,states for the number of drivers under age #ah involved in fatal crashes in the ,state per the total number of drivers under age #ah in the ,state based on the most recent data that conforms with criteria established by the ,secretary4 4 7g7 ,nonmotorized safety ,section #dje of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7h7 ,nonmotorized safety 7#a7 ,general authority ,subject to the requirements under this subsection1 the ,secretary shall award grants to ,states for the purpose of decreasing pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle4 7#b7 ,federal share ,the ,federal share of the cost of a project carried out by a ,state using amounts from a grant awarded under this subsection may not exceed #hj percent4 7#c7 ,eligibility ,a ,state shall receive a grant under this subsection in a fiscal year if the annual combined pedestrian and bicycle fatalities in the ,state exceed #ae percent of the total annual crash fatalities in the ,state1 based on the most recently reported final data from the ,fatality ,analysis ,reporting ,system4 7#d7 ,use of grant amounts ,grant funds received by a ,state under this subsection may be used for-- 7,a7 training of law enforcement officials on ,state laws applicable to pedestrian and bicycle safety2 7,b7 enforcement mobilizations and campaigns designed to enforce ,state traffic laws applicable to pedestrian and bicycle safety2 and 7,c7 public education and awareness programs designed to inform motorists1 pedestrians1 and bicyclists of ,state traffic laws applicable to pedestrian and bicycle safety4 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 4 #djjf4 ,prohibition on funds to check helmet usage or create related checkpoints for a motorcycle driver or passenger ,the ,secretary may not provide a grant or otherwise make available funding to a ,state1 ,indian tribe1 county1 municipality1 or other local government to be used for a program or activity to check helmet usage1 including checkpoints related to helmet usage1 with respect to a motorcycle driver or passenger4 #djjg4 ,marijuana-impaired driving 7a7 ,study ,the ,secretary1 in consultation with the heads of other ,federal agencies as appropriate1 shall conduct a study on marijuana-impaired driving4 7b7 ,issues ,to be examined ,in conducting the study1 the ,secretary shall examine1 at a minimum1 the following3 7#a7 ,methods to detect marijuana-impaired driving1 including devices capable of measuring marijuana levels in motor vehicle operators4 7#b7 ,a review of impairment standard research for driving under the influence of marijuana4 7#c7 ,methods to differentiate the cause of a driving impairment between alcohol and marijuana4 7#d7 ,state-based policies on marijuana-impaired driving4 7#e7 ,the role and extent of marijuana impairment in motor vehicle accidents4 7c7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in cooperation with other ,federal agencies as appropriate1 shall submit 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 on the results of the study4 7#b7 ,contents ,the report shall include1 at a minimum1 the following3 7,a7 ,findings ,the findings of the ,secretary based on the study1 including1 at a minimum1 the following3 7i7 ,an assessment of methodologies and technologies for measuring driver impairment resulting from the use of marijuana1 including the use of marijuana in combination with alcohol4 7ii7 ,a description and assessment of the role of marijuana as a causal factor in traffic crashes and the extent of the problem of marijuana-impaired driving4 7iii7 ,a description and assessment of current ,state laws relating to marijuana-impaired driving4 7iv7 ,a determination whether an impairment standard for drivers under the influence of marijuana is feasible and could reduce vehicle accidents and save lives4 7,b7 ,recommendations ,the recommendations of the ,secretary based on the study1 including1 at a minimum1 the following3 7i7 ,effective and efficient methods for training law enforcement personnel1 including drug recognition experts1 to detect or measure the level of impairment of a motor vehicle operator who is under the influence of marijuana by the use of technology or otherwise4 7ii7 ,if feasible1 an impairment standard for driving under the influence of marijuana4 7iii7 ,methodologies for increased data collection regarding the prevalence and effects of marijuana-impaired driving4 7d7 ,marijuana defined ,in this section1 the term marijuana includes all substances containing tetrahydrocannabinol4 #djjh4 ,national priority safety program grant eligibility ,not later than #fj days after the date on which the ,secretary of ,transportation awards grants under section #dje of title #bc1 ,united ,states ,code1 the ,secretary shall make available on a publicly available ,internet ,web site of the ,department of ,transportation-- 7#a7 an identification of-- 7,a7 the ,states that were awarded grants under such section2 7,b7 the ,states that applied and were not awarded grants under such section2 and 7,c7 the ,states that did not apply for a grant under such section2 and 7#b7 a list of deficiencies that made a ,state ineligible for a grant under such section for each ,state under paragraph 7#a77;,b74 #djji4 ,data collection ,section #aijf of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking 7,a7 has enacted and all that follows through 7,b7 is maintaining and inserting is maintaining2 and 7,b7 by striking and any passengers2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,use of grant funds ,a grant received by a ,state under subsection 7a7 shall be used by the ,state for the costs of-- 7#a7 collecting and maintaining data on traffic stops2 and 7#b7 evaluating the results of the data4 2 7#c7 by striking subsection 7c7 and redesignating subsections 7d7 and 7e7 as subsections 7c7 and 7d71 respectively2 7#d7 in subsection 7c77#b71 as so redesignated1 by striking ,a ,state and inserting ,on or after ,october #a1 #bjae1 a ,state2 and 7#e7 in subsection 7d71 as so redesignated-- 7,a7 in the subsection heading by striking ,authorization of ,appropriations and inserting ,funding2 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,from funds made available under section #djc of title #bc1 ,united ,states ,code1 the ,secretary shall set aside #g1ejj1jjj for each of the fiscal years #bjaf through #bjba to carry out this section4 2 and 7,c7 in paragraph 7#b7-- 7i7 by striking authorized by and inserting made available under2 and 7ii7 by striking percent1 and all that follows through the period at the end and inserting percent44 #djaj4 ,technical corrections ,title #bc1 ,united ,states ,code1 is amended as follows3 7#a7 ,section #djb is amended-- 7,a7 in subsection 7b77#a7-- 7i7 in subparagraph 7,c7 by striking paragraph 7#c7 and inserting paragraph 7#b72 and 7ii7 in subparagraph 7,e7-- 7,i7 by striking in which and inserting for which2 and 7,,ii7 by striking under subsection 7f7 and inserting under subsection 7k72 and 7,b7 in subsection 7k77#e71 as redesignated by this ,act1 by striking under paragraph 7#b77;,a7 and inserting under paragraph 7#c77;,a74 7#b7 ,section #djc7;e7 is amended by striking chapter #cja and inserting chapter #cja of title #di4 7#c7 ,section #dje is amended-- 7,a7 in subsection 7d7-- 7i7 in paragraph 7#e7 by striking under section #djb7;c7 and inserting under section #djb2 and 7ii7 in paragraph 7#f77;,c7 by striking on the basis of the apportionment formula set forth in section #djb7;c7 and inserting in proportion to the ,state's apportionment under section #djb for fiscal year #bjji2 and 7,b7 in subsection 7f77#d77;,a77iv7-- 7i7 by striking such as the and inserting including2 and 7ii7 by striking developed under subsection 7g74 ,v ,motor ,carrier ,safety ,a ,motor ,carrier ,safety ,grant ,consolidation #eaja4 ,grants to ,states 7a7 ,motor carrier safety assistance program ,section #caajb of title #di1 ,united ,states ,code1 is amended to read as follows3 #caajb4 ,motor carrier safety assistance program 7a7 ,in general ,the ,secretary of ,transportation shall administer a motor carrier safety assistance program funded under section #caajd4 7b7 ,goal ,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 in 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 7c7 ,state plans 7#a7 ,in general ,in carrying out the program1 the ,secretary shall prescribe procedures for a ,state to submit a multiple-year plan1 and annual updates thereto1 under which the ,state agrees to assume responsibility for improving motor carrier safety by adopting and enforcing ,state regulations1 standards1 and orders that are compatible with the regulations1 standards1 and orders of the ,federal ,government on commercial motor vehicle safety and hazardous materials transportation safety4 7#b7 ,contents ,the ,secretary shall approve a ,state plan if the ,secretary determines that the plan is adequate to comply with the requirements of this section1 and the plan-- 7,a7 implements performance-based activities1 including deployment and maintenance of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs2 7,b7 designates a lead ,state commercial motor vehicle safety agency responsible for administering the plan throughout the ,state2 7,c7 contains satisfactory assurances that the lead ,state commercial motor vehicle safety 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 commercial motor vehicle safety agency will adopt the reporting requirements and use the forms for recordkeeping1 inspections1 and investigations that the ,secretary prescribes2 7,h7 requires all registrants of commercial motor vehicles to demonstrate knowledge of applicable safety regulations1 standards1 and orders of the ,federal ,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,j7 ensures that activities described in subsection 7h71 if financed through grants to the ,state made under this section1 will not diminish the effectiveness of the development and implementation of the programs to improve motor carrier1 commercial motor vehicle1 and driver safety as described in subsection 7b72 7,k7 ensures that the lead ,state commercial motor vehicle safety 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,l7 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,m7 ensures that information is exchanged among the ,states in a timely manner2 7,n7 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,o7 provides satisfactory assurances that the ,state will address national priorities and performance goals1 including-- 7i7 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 7ii7 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 7iii7 when conducted with an appropriate commercial motor vehicle inspection1 criminal interdiction activities1 and appropriate strategies for carrying out those interdiction activities1 including interdiction activities that affect the transportation of controlled substances 7as defined in 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 time7 by any occupant of a commercial motor vehicle2 7,p7 provides that the ,state has established and dedicated sufficient resources to a program to ensure that-- 7i7 the ,state collects and reports to the ,secretary accurate1 complete1 and timely motor carrier safety data2 and 7ii7 the ,state participates in a national motor carrier safety data correction system prescribed by the ,secretary2 7,q7 ensures that the ,state will cooperate in the enforcement of financial responsibility requirements under sections #acijf1 #caach1 and #caaci and regulations issued under those sections2 7,r7 ensures consistent1 effective1 and reasonable sanctions2 7,s7 ensures that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel2 7,t7 provides that the ,state will include in the training manuals for the licensing examination to drive noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles2 7,u7 provides that the ,state will enforce the registration requirements of sections #acijb and #caacd by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under those sections or to be operated beyond the scope of the motor carrier's registration2 7,v7 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,w7 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 bus station1 terminal1 border crossing1 maintenance facility1 destination1 or other location where a motor carrier may make a planned stop 7excluding a weigh station72 7,x7 ensures that the ,state will transmit to its roadside inspectors notice of each ,federal exemption granted under section #cacae7;b7 of this title and sections #cij4bc and #cij4be of title #di1 ,code of ,federal ,regulations1 and provided to the ,state by the ,secretary1 including the name of the person that received the exemption and any terms and conditions that apply to the exemption2 7,y7 except as provided in subsection 7d71 provides that the ,state-- 7i7 will conduct safety audits of interstate and1 at the ,state's discretion1 intrastate new entrant motor carriers under section #caadd7;g72 and 7ii7 if the ,state authorizes a third party to conduct safety audits under section #caadd7;g7 on its behalf1 the ,state verifies the quality of the work conducted and remains solely responsible for the management and oversight of the activities2 7,z7 provides that the ,state agrees to fully participate in the performance and registration information systems management under section #caajf7;b7 not later than ,october #a1 #bjbj1 by complying with the conditions for participation under paragraph 7#c7 of that section1 or demonstrates to the ,secretary an alternative approach for identifying and immobilizing a motor carrier with serious safety deficiencies in a manner that provides an equivalent level of safety2 7,,aa7 in the case of a ,state that shares a land border with another country1 provides that the ,state-- 7i7 will conduct a border commercial motor vehicle safety program focusing on international commerce that includes enforcement and related projects2 or 7ii7 will forfeit all funds calculated by the ,secretary based on border-related activities if the ,state declines to conduct the program described in clause 7i7 in its plan2 and 7,,bb7 in the case of a ,state that meets the other requirements of this section and agrees to comply with the requirements established in subsection 7l77#c71 provides that the ,state may fund operation and maintenance costs associated with innovative technology deployment under subsection 7l77#c7 with motor carrier safety assistance program funds authorized under section #caajd7;a77#a74 7#c7 ,publication 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall publish each approved ,state multiple-year plan1 and each annual update thereto1 on a publically accessible ,internet ,web site of the ,department of ,transportation not later than #cj days after the date the ,secretary approves the plan or update4 7,b7 ,limitation ,before publishing an approved ,state multiple-year plan or annual update under subparagraph 7,a71 the ,secretary shall redact any information identified by the ,state that1 if disclosed-- 7i7 would reasonably be expected to interfere with enforcement proceedings2 or 7ii7 would reveal enforcement techniques or procedures that would reasonably be expected to risk circumvention of the law4 7d7 ,exclusion of ,u4,s4 territories ,the requirement that a ,state conduct safety audits of new entrant motor carriers under subsection 7c77#b77,y7 does not apply to a territory of the ,united ,states unless required by the ,secretary4 7e7 ,intrastate compatibility ,the ,secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws1 including regulations1 with ,federal motor carrier safety regulations to be enforced under subsections 7b7 and 7c74 ,to the extent practicable1 the guidelines and standards shall allow for maximum flexibility while ensuring a degree of uniformity that will not diminish motor vehicle safety4 7f7 ,maintenance of effort 7#a7 ,baseline ,except as provided under paragraphs 7#b7 and 7#c7 and in accordance with section #eajf of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae1 a ,state plan under subsection 7c7 shall provide that the total expenditure of amounts of the lead ,state commercial motor vehicle safety agency responsible for administering the plan will be maintained at a level each fiscal year that is at least equal to-- 7,a7 the average level of that expenditure for fiscal years #bjjd and #bjje2 or 7,b7 the level of that expenditure for the year in which the ,secretary implements a new allocation formula under section #eajf of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae4 7#b7 ,adjusted baseline after fiscal year #bjag ,at the request of a ,state1 the ,secretary may evaluate additional documentation related to the maintenance of effort and may make reasonable adjustments to the maintenance of effort baseline after the year in which the ,secretary implements a new allocation formula under section #eajf of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae1 and this adjusted baseline will replace the maintenance of effort requirement under paragraph 7#a74 7#c7 ,waivers ,at the request of a ,state1 the ,secretary may waive or modify the requirements of this subsection for a total of #a fiscal year if the ,secretary determines that the waiver or modification is reasonable1 based on circumstances described by the ,state1 to ensure the continuation of commercial motor vehicle enforcement activities in the ,state4 7#d7 ,level of ,state expenditures ,in estimating the average level of a ,state's expenditures under paragraph 7#a71 the ,secretary-- 7,a7 may allow the ,state to exclude ,state expenditures for federally 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 ,federal financing under section #caajd4 7g7 ,use of unified carrier registration fees agreement ,amounts generated under section #adejd;a and received by a ,state and used for motor carrier safety purposes may be included as part of the ,state's match required under section #caajd or maintenance of effort required by subsection 7f74 7h7 ,use of grants ,to enforce other laws ,when approved as part of a ,state's plan under subsection 7c71 the ,state may use motor carrier safety assistance program funds received 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-- 7,a7 enforcement of commercial motor vehicle size and weight limitations at locations1 excluding fixed-weight facilities1 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 commercial motor vehicle2 and 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 if-- 7,a7 the number of motor carrier safety activities1 including roadside safety inspections1 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 #aj percent of the basic amount the ,state receives under a grant awarded under section #caajd7;a77#a7 for enforcement activities relating to noncommercial motor vehicles necessary to promote the safe operation of commercial motor vehicles unless the ,secretary determines that a higher percentage will result in significant increases in commercial motor vehicle safety4 7i7 ,evaluation of plans and award of grants 7#a7 ,awards ,the ,secretary shall establish criteria for the application1 evaluation1 and approval of ,state plans under this section4 ,subject to subsection 7j71 the ,secretary may allocate the amounts made available under section #caajd7;a77#a7 among the ,states4 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 7j7 ,allocation of funds 7#a7 ,in general ,the ,secretary1 by regulation1 shall prescribe allocation criteria for funds made available under section #caajd7;a77#a74 7#b7 ,annual allocations ,on ,october #a of each fiscal year1 or as soon as practicable thereafter1 and after making a deduction under section #caajd7;c71 the ,secretary shall allocate amounts made available under section #caajd7;a77#a7 to carry out this section for the fiscal year among the ,states with plans approved under this section in accordance with the criteria prescribed under paragraph 7#a74 7#c7 ,elective adjustments ,subject to the availability of funding and notwithstanding fluctuations in the data elements used by the ,secretary to calculate the annual allocation amounts1 after the creation of a new allocation formula under section #eajf of the ,surface ,transportation ,reauthorization and ,reform ,act of #bjae1 the ,secretary may not make elective adjustments to the allocation formula that decrease a ,state's ,federal funding levels by more than #c percent in a fiscal year4 ,the #c percent limit shall not apply to the withholding provisions of subsection 7k74 7k7 ,plan monitoring 7#a7 ,in general ,on the basis of reports submitted by the lead ,state agency responsible for administering a ,state plan approved under this section and an investigation by the ,secretary1 the ,secretary shall periodically evaluate ,state implementation of and compliance with the ,state plan4 7#b7 ,withholding of funds 7,a7 ,disapproval ,if1 after notice and an opportunity to be heard1 the ,secretary finds that a ,state plan previously approved under this section is not being followed or has become inadequate to ensure enforcement of ,state regulations1 standards1 or orders described in subsection 7c77#a71 or the ,state is otherwise not in compliance with the requirements of this section1 the ,secretary may withdraw approval of the ,state plan and notify the ,state4 ,upon the receipt of such notice1 the ,state plan shall no longer be in effect and the ,secretary shall withhold all funding to the ,state under this section4 7,b7 ,noncompliance withholding ,in lieu of withdrawing approval of a ,state plan under subparagraph 7,a71 the ,secretary may1 after providing notice to the ,state and an opportunity to be heard1 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-- 7i7 up to #e percent of funds during the fiscal year that the ,secretary notifies the ,state of its noncompliance2 7ii7 up to #aj percent of funds for the first full fiscal year of noncompliance2 7iii7 up to #be percent of funds for the second full fiscal year of noncompliance2 and 7iv7 not more than #ej percent of funds for the third and any subsequent full fiscal year of noncompliance4 7#c7 ,judicial review ,a ,state adversely affected by a determination under paragraph 7#b7 may seek judicial review under chapter #g of title #e4 ,notwithstanding the disapproval of a ,state plan under paragraph 7#b77;,a7 or the withholding of funds under paragraph 7#b77;,b71 the ,state may retain jurisdiction in an administrative or a judicial proceeding that commenced before the notice of disapproval or withholding if the issues involved are not related directly to the reasons for the disapproval or withholding4 7l7 ,high priority program 7#a7 ,in general ,the ,secretary shall administer a high priority program funded under section #caajd for the purposes described in paragraphs 7#b7 and 7#c74 7#b7 ,activities related to motor carrier safety ,the ,secretary may make discretionary grants to and enter into cooperative agreements with ,states1 local governments1 federally recognized ,indian tribes1 other political jurisdictions as necessary1 and any person to carry out high priority activities and projects that augment motor carrier safety activities and projects planned in accordance with subsections 7b7 and 7c71 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 noncommercial motor vehicles in areas identified as high risk crash corridors2 7,c7 improve the safe and secure movement of hazardous materials2 7,d7 improve safe transportation of goods and persons in foreign commerce2 7,e7 demonstrate new technologies to improve commercial motor vehicle safety2 7,f7 support participation in performance and registration information systems management under section #caajf7;b7-- 7i7 for entities not responsible for submitting the plan under subsection 7c72 or 7ii7 for entities responsible for submitting the plan under subsection 7c7-- 7,i7 before ,october #a1 #bjbj1 to achieve compliance with the requirements of participation2 and 7,,ii7 beginning on ,october #a1 #bjbj1 or once compliance is achieved1 whichever is sooner1 for special initiatives or projects that exceed routine operations required for participation2 7,g7 conduct safety data improvement projects-- 7i7 that complete or exceed the requirements under subsection 7c77#b77,p7 for entities not responsible for submitting the plan under subsection 7c72 or 7ii7 that exceed the requirements under subsection 7c77#b77,p7 for entities responsible for submitting the plan under subsection 7c72 and 7,h7 otherwise improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations4 7#c7 ,innovative technology deployment grant program 7,a7 ,in general ,the ,secretary shall establish an innovative technology deployment grant program to make discretionary grants funded under section #caajd7;a77#b7 to eligible ,states for the innovative technology deployment of commercial motor vehicle information systems and networks4 7,b7 ,purposes ,the purposes of the program shall be-- 7i7 to 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 networks2 and 7ii7 to support and maintain commercial motor vehicle information systems and networks-- 7,i7 to link ,federal motor carrier safety information systems with ,state commercial motor vehicle systems2 7,,ii7 to improve the safety and productivity of commercial motor vehicles and drivers2 and 7,,iii7 to reduce costs associated with commercial motor vehicle operations and ,federal and ,state commercial motor vehicle regulatory requirements4 7,c7 ,eligibility ,to be eligible for a grant under this paragraph1 a ,state shall-- 7i7 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 7ii7 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,i7 are consistent with the national intelligent transportation systems and commercial motor vehicle information systems and networks architectures and available standards2 and 7,,ii7 promote interoperability and efficiency to the extent practicable2 and 7iii7 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 7,d7 ,use of funds ,grant funds received under this paragraph may be used-- 7i7 for deployment activities and activities to develop new and innovative advanced technology solutions that support commercial motor vehicle information systems and networks2 7ii7 for planning activities1 including the development or updating of program or top level design plans in order to become eligible or maintain eligibility under subparagraph 7,c72 and 7iii7 for the operation and maintenance costs associated with innovative technology4 7,e7 ,secretary authorization ,the ,secretary is authorized to award a ,state funding for the operation and maintenance costs associated with innovative technology deployment with funds made available under sections #caajd7;a77#a7 and #caajd7;a77#b74 4 7b7 ,commercial motor vehicle operators grant program ,section #caajc of title #di1 ,united ,states ,code1 is amended to read as follows3 #caajc4 ,commercial motor vehicle operators grant program 7a7 ,in general ,the ,secretary shall administer a commercial motor vehicle operators grant program funded under section #caajd4 7b7 ,purpose ,the purpose of the grant program is to train individuals in the safe operation of commercial motor vehicles 7as defined in section #cacja74 7c7 ,veterans ,in administering grants under this section1 the ,secretary shall award priority to grant applications for programs to train former members of the armed forces 7as defined in section #aja of title #aj7 in the safe operation of such vehicles4 4 7c7 ,authorization of ,appropriations ,section #caajd of title #di1 ,united ,states ,code1 as amended by this ,act1 is further amended on the effective date set forth in subsection 7f7 to read as follows3 #caajd4 ,authorization of appropriations 7a7 ,financial assistance programs ,the following sums are authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,motor carrier safety assistance program ,subject to paragraph 7#b7 and subsection 7c71 to carry out section #caajb-- 7,a7 #bgh1bdb1fhd for fiscal year #bjag2 7,b7 #bic1fhe1eej for fiscal year #bjah2 7,c7 #cjh1cea1bbg for fiscal year #bjai2 7,d7 #cbc1gih1eec for fiscal year #bjbj2 and 7,e7 #cci1bdd1jbc for fiscal year #bjba4 7#b7 ,high priority activities program ,subject to subsection 7c71 to make grants and cooperative agreements under section #caajb7l71 the ,secretary may set aside from amounts made available under paragraph 7#a7 up to-- 7,a7 #dj1gih1ghj for fiscal year #bjag2 7,b7 #da1fhd1aad for fiscal year #bjah2 7,c7 #db1ddb1gfd for fiscal year #bjai2 7,d7 #dc1cbe1egd for fiscal year #bjbj2 and 7,e7 #dd1bji1daf for fiscal year #bjba4 7#c7 ,commercial motor vehicle operators grant program ,to carry out section #caajc-- 7,a7 #a1jjj1jjj for fiscal year #bjag2 7,b7 #a1jjj1jjj for fiscal year #bjah2 7,c7 #a1jjj1jjj for fiscal year #bjai2 7,d7 #a1jjj1jjj for fiscal year #bjbj2 and 7,e7 #a1jjj1jjj for fiscal year #bjba4 7#d7 ,commercial driver's license program implementation program ,subject to subsection 7c71 to carry out section #cacac-- 7,a7 #cj1ieh1ecf for fiscal year #bjag2 7,b7 #ca1fcj1ccf for fiscal year #bjah2 7,c7 #cb1bjf1jjh for fiscal year #bjai2 7,d7 #cb1hge1hic for fiscal year #bjbj2 and 7,e7 #cc1edf1efb for fiscal year #bjba4 7b7 ,reimbursement and payment to recipients for ,government share of costs 7#a7 ,in general ,amounts made available under subsection 7a7 shall be used to reimburse financial assistance recipients proportionally for the ,federal ,government's share of the costs incurred4 7#b7 ,reimbursement amounts ,the ,secretary shall reimburse a recipient1 in accordance with a financial assistance agreement made under section #caajb1 #caajc1 or #cacac1 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 such sections4 ,the ,secretary shall pay the recipient an amount not more than the ,federal ,government share of the total costs approved by the ,federal ,government in the financial assistance agreement4 ,the ,secretary shall include a recipient's in-kind contributions in determining the reimbursement4 7#c7 ,vouchers ,each recipient shall submit vouchers at least quarterly for costs the recipient incurs in developing and implementing programs under sections #caajb1 #caajc1 and #cacac4 7c7 ,deductions for partner training and program support ,on ,october #a of each fiscal year1 or as soon after that date as practicable1 the ,secretary may deduct from amounts made available under paragraphs 7#a71 7#b71 and 7#d7 of subsection 7a7 for that fiscal year 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-,federal ,government employees and to develop related training materials in carrying out such programs4 7d7 ,grants and cooperative agreements as contractual obligations ,the approval of a financial assistance agreement by the ,secretary under section #caajb1 #caajc1 or #cacac is a contractual obligation of the ,federal ,government for payment of the ,federal ,government's share of costs in carrying out the provisions of the grant or cooperative agreement4 7e7 ,eligible activities ,the ,secretary shall establish criteria for eligible activities to be funded with financial assistance agreements under this section and publish those criteria in a notice of funding availability before the financial assistance program application period4 7f7 ,period of availability of financial assistance agreement funds for recipient expenditures ,the period of availability for a recipient to expend funds under a grant or cooperative agreement authorized under subsection 7a7 is as follows3 7#a7 ,for grants made for carrying out section #caajb1 other than section #caajb7l71 for the fiscal year in which the ,secretary approves the financial assistance agreement and for the next fiscal year4 7#b7 ,for grants made or cooperative agreements entered into for carrying out section #caajb7l77#b71 for the fiscal year in which the ,secretary approves the financial assistance agreement and for the next #b fiscal years4 7#c7 ,for grants made for carrying out section #caajb7l77#c71 for the fiscal year in which the ,secretary approves the financial assistance agreement and for the next #d fiscal years4 7#d7 ,for grants made for carrying out section #caajc1 for the fiscal year in which the ,secretary approves the financial assistance agreement and for the next fiscal year4 7#e7 ,for grants made or cooperative agreements entered into for carrying out section #cacac1 for the fiscal year in which the ,secretary approves the financial assistance agreement and for the next #d fiscal years4 7g7 ,contract authority2 initial date of availability ,amounts authorized from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 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 7h7 ,availability of funding ,amounts made available under this section shall remain available until expended4 4 7d7 ,clerical amendment ,the analysis for chapter #caa of title #di1 ,united ,states ,code1 is amended by striking the items relating to sections #caajb1 #caajc1 and #caajd and inserting the following3 #caajb4 ,motor carrier safety assistance program4 #caajc4 ,commercial motor vehicle operators grant program4 #caajd4 ,authorization of appropriations4 4 7e7 ,conforming amendments 7#a7 ,safety fitness of owners and operator2 safety reviews of new operators ,section #caadd7;g7 of title #di1 ,united ,states ,code1 is amended by striking paragraph 7#e74 7#b7 ,information systems2 performance and registration information program ,section #caajf7;b7 of title #di1 ,united ,states ,code1 is amended by striking paragraph 7#d74 7#c7 ,border enforcement grants ,section #caajg of title #di1 ,united ,states ,code1 and the item relating to that section in the analysis for chapter #caa of that title1 are repealed4 7#d7 ,performance and registration information system management ,section #caaji of title #di1 ,united ,states ,code1 and the item relating to that section in the analysis for chapter #caa of that title1 are repealed4 7#e7 ,commercial vehicle information systems and networks deployment ,section #dabf of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajf note71 and the item relating to that section in the table of contents contained in section #a7;b7 of that ,act1 are repealed4 7#f7 ,safety data improvement program ,section #dabh of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajj note71 and the item relating to that section in the table of contents contained in section #a7;b7 of that ,act1 are repealed4 7#g7 ,grant program for commercial motor vehicle operators ,section #dacd of ,,safetea-,,lu 7#di ,u4,s4,c4 #cacja note71 and the item relating to that section in the table of contents contained in section #a7;b7 of that ,act1 are repealed4 7#h7 ,maintenance of effort as condition on grants to ,states ,section #ajc7;c7 of the ,motor ,carrier ,safety ,improvement ,act of #aiii 7#di ,u4,s4,c4 #caajb note7 is repealed4 7#i7 ,state compliance with ,,cdl requirements ,section #ajc7;e7 of the ,motor ,carrier ,safety ,improvement ,act of #aiii 7#di ,u4,s4,c4 #caajb note7 is repealed4 7#aj7 ,border staffing standards ,section #bah7;d7 of the ,motor ,carrier ,safety ,improvement ,act of #aiii 7#di ,u4,s4,c4 #caacc note7 is amended-- 7,a7 in paragraph 7#a7 by striking section #caajd7;f77#b77;,b7 of title #di1 ,united ,states ,code and inserting section #caajd7;a77#a7 of title #di1 ,united ,states ,code2 and 7,b7 by striking paragraph 7#c74 7f7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjaf4 7g7 ,transition ,notwithstanding the amendments made by this section1 the ,secretary shall carry out sections #caajb1 #caajc1 #caajd of title #di1 ,united ,states ,code1 and any sections repealed under subsection 7e71 as necessary1 as those sections were in effect on the day before ,october #a1 #bjaf1 with respect to applications for grants1 cooperative agreements1 or contracts under those sections submitted before ,october #a1 #bjaf4 #eajb4 ,performance and registration information systems management ,section #caajf7;b7 of title #di1 ,united ,states ,code1 is amended in the subheading by striking ,program and inserting ,systems ,management4 #eajc4 ,authorization of appropriations 7a7 ,in general ,subchapter ,i of chapter #caa of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #caaaj4 ,authorization of appropriations 7a7 ,administrative expenses ,there is authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for the ,secretary of ,transportation to pay administrative expenses of the ,federal ,motor ,carrier ,safety ,administration-- 7#a7 #bei1jjj1jjj for fiscal year #bjaf2 7#b7 #bei1jjj1jjj for fiscal year #bjag2 7#c7 #bei1jjj1jjj for fiscal year #bjah2 7#d7 #bei1jjj1jjj for fiscal year #bjai2 7#e7 #bei1jjj1jjj for fiscal year #bjbj2 and 7#f7 #bei1jjj1jjj for fiscal year #bjba4 7b7 ,use of funds ,the funds authorized by this section shall be used for-- 7#a7 personnel costs2 7#b7 administrative infrastructure2 7#c7 rent2 7#d7 information technology2 7#e7 programs for research and technology1 information management1 regulatory development1 and the administration of performance and registration information systems management under section #caajf7;b72 7#f7 programs for outreach and education under subsection 7c72 7#g7 other operating expenses2 7#h7 conducting safety reviews of new operators2 and 7#i7 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 7c7 ,outreach and education program 7#a7 ,in general ,the ,secretary may conduct1 through any combination of grants1 contracts1 cooperative agreements1 and other activities1 an internal and external outreach and education program to be administered by the ,administrator of the ,federal ,motor ,carrier ,safety ,administration4 7#b7 ,federal share ,the ,federal share of an outreach and education project for which a grant1 contract1 or cooperative agreement is made under this subsection may be up to #ajj percent of the cost of the project4 7#c7 ,funding ,from amounts made available under subsection 7a71 the ,secretary shall make available not more than #d1jjj1jjj each fiscal year4 7d7 ,contract authority2 initial date of availability ,amounts authorized from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 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 7e7 ,funding availability ,amounts made available under this section shall remain available until expended4 7f7 ,contractual obligation ,the approval of funds by the ,secretary under this section is a contractual obligation of the ,federal ,government for payment of the ,federal ,government's share of costs4 4 7b7 ,clerical amendment ,the analysis for chapter #caa of title #di1 ,united ,states ,code1 is amended by adding at the end of the items relating to subchapter ,i the following3 #caaaj4 ,authorization of appropriations4 4 7c7 ,conforming amendments 7#a7 ,administrative expenses2 authorization of appropriations ,section #caajd of title #di1 ,united ,states ,code1 is amended-- 7,a7 by striking subsection 7i72 and 7,b7 by redesignating subsections 7j7 and 7k7 as subsections 7i7 and 7j71 respectively4 7#b7 ,use of amounts made available under subsection 7i7 ,section #daaf7;d7 of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajd note7 is amended by striking section #caajd7;i7 and inserting section #caaaj4 7#c7 ,internal cooperation ,section #caafa of title #di1 ,united ,states ,code1 is amended by striking section #caajd7;i7 and inserting section #caaaj4 7#d7 ,,safetea-,,lu2 outreach and education ,section #dabg of ,,safetea-,,lu 7#aai ,stat4 #agda2 ,public ,law #aji-ei71 and the item relating to that section in the table of contents contained in section #a7;b7 of that ,act1 are repealed4 #eajd4 ,commercial driver's license program implementation 7a7 ,in general ,section #cacac of title #di1 ,united ,states ,code1 is amended to read as follows3 #cacac4 ,commercial driver's license program implementation financial assistance program 7a7 ,in general ,the ,secretary of ,transportation shall administer a financial assistance program for commercial driver's license program implementation for the purposes described in paragraphs 7#a7 and 7#b74 7#a7 ,state commercial driver's license program implementation grants ,in carrying out the program1 the ,secretary may make a grant to a ,state agency in a fiscal year-- 7,a7 to assist the ,state in complying with the requirements of section #cacaa2 and 7,b7 in the case of a ,state that is making a good faith effort toward substantial compliance with the requirements of section #cacaa1 to improve the ,state's implementation of its commercial driver's license program1 including expenses-- 7i7 for computer hardware and software2 7ii7 for publications1 testing1 personnel1 training1 and quality control2 7iii7 for commercial driver's license program coordinators2 and 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 to or enter into a cooperative agreement with a ,state agency1 local government1 or any person in a fiscal year for research1 development and testing1 demonstration projects1 public education1 and other special activities and projects relating to commercial drivers licensing and motor vehicle safety that-- 7,a7 benefit all jurisdictions of the ,united ,states2 7,b7 address national safety concerns and circumstances2 7,c7 address emerging issues relating to commercial driver's license improvements2 7,d7 support innovative ideas and solutions to commercial driver's license program issues2 or 7,e7 address other commercial driver's license issues1 as determined by the ,secretary4 7b7 ,prohibitions ,a recipient may not use financial assistance funds awarded under this section to rent1 lease1 or buy land or buildings4 7c7 ,report ,the ,secretary shall issue an annual report on the activities carried out under this section4 7d7 ,apportionment ,all amounts made available to carry out this section for a fiscal year shall be apportioned to a recipient described in subsection 7a77#b7 according to criteria prescribed by the ,secretary4 7e7 ,funding ,for fiscal years beginning after ,september #cj1 #bjaf1 this section shall be funded under section #caajd4 4 7b7 ,clerical amendment ,the analysis for chapter #cac of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #cacac and inserting the following3 #cacac4 ,commercial driver's license program implementation financial assistance program4 4 #eaje4 ,extension of ,federal motor carrier safety programs for fiscal year #bjaf 7a7 ,motor carrier safety assistance program grant extension ,section #caajd7;a7 of title #di1 ,united ,states ,code1 is amended by striking paragraphs 7#aj7 and 7#aa7 and inserting the following3 7#aj7 #bah1jjj1jjj for fiscal year #bjae2 and 7#aa7 #bda1dhj1jjj for fiscal year #bjaf4 4 7b7 ,extension of grant programs ,section #daja7;c7 of ,,safetea-,,lu 7#aai ,stat4 #agae2 ,public ,law #aji-ei7 is amended to read as follows3 7c7 ,authorization of appropriations ,the following sums are authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,commercial driver's license program improvement grants ,for carrying out the commercial driver's license program improvement grants program under section #cacac of title #di1 ,united ,states ,code1 #cj1dhj1jjj for fiscal year #bjaf4 7#b7 ,border enforcement grants ,for border enforcement grants under section #caajg of that title #cb1eab1jjj for fiscal year #bjaf4 7#c7 ,performance and registration information systems management grant program ,for the performance and registration information systems management grant program under section #caaji of that title #e1jhj1jjj for fiscal year #bjaf4 7#d7 ,commercial vehicle information systems and networks deployment ,for carrying out the commercial vehicle information systems and networks deployment program under section #dabf of this ,act #be1djj1jjj for fiscal year #bjaf4 7#e7 ,safety data improvement grants ,for safety data improvement grants under section #dabh of this ,act #c1jdh1jjj for fiscal year #bjaf4 4 7c7 ,high-,priority activities ,section #caajd7;j77#b7 of title #di1 ,united ,states ,code1 as redesignated by this subtitle1 is amended by striking #bjae the first place it appears and inserting #bjaf4 7d7 ,new entrant audits ,section #caadd7;g77#e77;,b7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7,b7 ,set aside ,the ,secretary shall set aside from amounts made available under section #caajd7;a7 up to #cb1jjj1jjj for fiscal year #bjaf for audits of new entrant motor carriers conducted under this paragraph4 4 7e7 ,grant program for commercial motor vehicle operators ,section #dacd7;c7 of ,,safetea-,,lu 7#di ,u4,s4,c4 #cacja note7 is amended to read as follows3 7c7 ,funding ,from amounts made available under section #caaaj of title #di1 ,united ,states ,code1 the ,secretary shall make available1 #a1jjj1jjj for fiscal year #bjaf to carry out this section4 4 7f7 ,commercial vehicle information systems and networks deployment 7#a7 ,in general ,section #dabf of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajf note2 #aai ,stat4 #agch2 ,public ,law #aji-ei7 is amended-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#b7 by adding at the end the following3 ,funds deobligated by the ,secretary from previous year grants shall not be counted toward the #b1ejj1jjj maximum aggregate amount for core deployment42 and 7ii7 in paragraph 7#c7 by adding at the end the following3 ,funds may also be used for planning activities1 including the development or updating of program or top level design plans42 and 7,b7 in subsection 7d77#d7 by adding at the end the following3 ,funds may also be used for planning activities1 including the development or updating of program or top level design plans44 7#b7 ,innovative technology deployment program ,for fiscal year #bjaf1 the commercial vehicle information systems and networks deployment program under section #dabf of ,,safetea-,,lu 7#aai ,stat4 #agch2 ,public ,law #aji-ei7 may also be referred to as the innovative technology deployment program4 #eajf4 ,motor carrier safety assistance program allocation 7a7 ,working group 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a motor carrier safety assistance program formula working group 7in this section referred to as the working group74 7#b7 ,membership 7,a7 ,in general ,subject to subparagraph 7,b71 the working group shall consist of representatives of the following3 7i7 ,the ,federal ,motor ,carrier ,safety ,administration4 7ii7 ,the lead ,state commercial motor vehicle safety agencies responsible for administering the plan required by section #caajb of title #di1 ,united ,states ,code4 7iii7 ,an organization representing ,state agencies responsible for enforcing a program for inspection of commercial motor vehicles4 7iv7 ,such other persons as the ,secretary considers necessary4 7,b7 ,composition ,representatives of ,state commercial motor vehicle safety agencies shall comprise at least #ea percent of the membership4 7#c7 ,new allocation formula ,the working group shall analyze requirements and factors for the establishment of a new allocation formula for the motor carrier assistance program under section #caajb of title #di1 ,united ,states ,code4 7#d7 ,recommendation ,not later than #a year after the date the working group is established under paragraph 7#a71 the working group shall make a recommendation to the ,secretary regarding a new allocation formula for the motor carrier assistance program4 7#e7 ,exemption ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the working group established under this subsection4 7#f7 ,publication ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall publish on a publicly accessible ,internet ,web site of the ,federal ,motor ,carrier ,safety ,administration-- 7,a7 summaries of the meetings of the working group2 and 7,b7 the final recommendation of the working group provided to the ,secretary4 7b7 ,notice of proposed rulemaking ,after receiving the recommendation of the working group under subsection 7a77#d71 the ,secretary shall publish in the ,federal ,register a notice seeking public comment on the establishment of a new allocation formula for the motor carrier safety assistance program4 7c7 ,basis for formula ,the ,secretary shall ensure that the new allocation formula for the motor carrier assistance program is based on factors that reflect1 at a minimum-- 7#a7 the relative needs of the ,states to comply with section #caajb of title #di1 ,united ,states ,code2 7#b7 the relative administrative capacities of and challenges faced by ,states in complying with that section2 7#c7 the average of each ,state's new entrant motor carrier inventory for the #c-year period prior to the date of enactment of this ,act2 7#d7 the number of international border inspection facilities and border crossings by commercial vehicles in each ,state2 and 7#e7 any other factors the ,secretary considers appropriate4 7d7 ,funding amounts prior to development of new allocation formula 7#a7 ,interim formula ,prior to the development of the new allocation formula for the motor carrier assistance program1 the ,secretary may calculate the interim funding amounts for that program in fiscal year #bjag 7and later fiscal years1 as necessary7 under section #caajd7;a77#a7 of title #di1 ,united ,states ,code1 as amended by this subtitle1 by using the following methodology3 7,a7 ,the ,secretary shall calculate the funding amount to a ,state using the allocation formula the ,secretary used to award motor carrier safety assistance program funding in fiscal year #bjaf under section #caajb of title #di1 ,united ,states ,code4 7,b7 ,the ,secretary shall average the funding awarded or other equitable amounts to a ,state in fiscal years #bjac1 #bjad1 and #bjae for-- 7i7 border enforcement grants under section #caajg of title #di1 ,united ,states ,code2 and 7ii7 new entrant audit grants under section #caadd7;g77#e7 of that title4 7,c7 ,the ,secretary shall add the amounts calculated in subparagraphs 7,a7 and 7,b74 7#b7 ,adjustments ,subject to the availability of funding and notwithstanding fluctuations in the data elements used by the ,secretary1 the initial amounts resulting from the calculation described in paragraph 7#a7 shall be adjusted to ensure that1 for each ,state1 the amount shall not be less than #ig percent of the average amount of funding received or other equitable amounts in fiscal years #bjac1 #bjad1 and #bjae for-- 7,a7 motor carrier safety assistance program funds awarded to the ,state under section #caajb of title #di1 ,united ,states ,code2 7,b7 border enforcement grants awarded to the ,state under section #caajg of title #di1 ,united ,states ,code2 and 7,c7 new entrant audit grants awarded to the ,state under section #caadd7;g77#e7 of title #di1 ,united ,states ,code4 7#c7 ,immediate relief ,in developing the new allocation formula1 the ,secretary shall terminate the withholding of motor carrier assistance program funds from a ,state for at least #c fiscal years if the ,state was subject to the withholding of such funds for matters of noncompliance immediately prior to the date of enactment of this ,act4 7#d7 ,future withholdings ,beginning on the date that the new allocation formula for the motor carrier assistance program is implemented1 the ,secretary shall impose all future withholdings in accordance with section #caajb7k7 of title #di1 ,united ,states ,code1 as amended by this subtitle4 7e7 ,termination of working group ,the working group established under subsection 7a7 shall terminate on the date of the implementation of a new allocation formula for the motor carrier safety assistance program4 #eajg4 ,maintenance of effort calculation 7a7 ,before new allocation formula 7#a7 ,fiscal year #bjag ,if a new allocation formula for the motor carrier safety assistance program has not been established under this subtitle for fiscal year #bjag1 the ,secretary shall calculate for fiscal year #bjag the maintenance of effort baseline required under section #caajb7;f7 of title #di1 ,united ,states ,code1 as amended by this subtitle1 by averaging the expenditures for fiscal years #bjjd and #bjje required by section #caajb7;b77#d7 of title #di1 ,united ,states ,code1 as that section was in effect on the day before the date of enactment of this ,act4 7#b7 ,subsequent fiscal years ,the ,secretary may use the methodology for calculating the maintenance of effort baseline specified in paragraph 7#a7 for fiscal year #bjah and subsequent fiscal years if a new allocation formula for the motor carrier safety assistance program has not been established for that fiscal year4 7b7 ,beginning with new allocation formation 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c77;,b71 beginning on the date that a new allocation formula for the motor carrier safety assistance program is established under this subtitle1 upon the request of a ,state1 the ,secretary may waive or modify the baseline maintenance of effort required of the ,state by section #caajb7;e7 of title #di1 ,united ,states ,code1 as amended by this subtitle1 for the purpose of establishing a new baseline maintenance of effort if the ,secretary determines that a waiver or modification-- 7,a7 is equitable due to reasonable circumstances2 7,b7 will ensure the continuation of commercial motor vehicle enforcement activities in the ,state2 and 7,c7 is necessary to ensure that the total amount of ,state maintenance of effort and matching expenditures required under sections #caajb and #caajd of title #di1 ,united ,states ,code1 as amended by this subtitle1 does not exceed a sum greater than the average of the total amount of ,state maintenance of effort and matching expenditures required under those sections for the #c fiscal years prior to the date of enactment of this ,act4 7#b7 ,adjustment methodology ,if requested by a ,state1 the ,secretary may modify the maintenance of effort baseline referred to in paragraph 7#a7 for the ,state according to the following methodology3 7,a7 ,the ,secretary shall establish the maintenance of effort baseline for the ,state using the average baseline of fiscal years #bjjd and #bjje1 as required by section #caajb7;b77#d7 of title #di1 ,united ,states ,code1 as that section was in effect on the day before the date of enactment of this ,act4 7,b7 ,the ,secretary shall calculate the average required match by a lead ,state commercial motor vehicle safety agency for fiscal years #bjac1 #bjad1 and #bjae for motor carrier safety assistance grants established at #bj percent by section #caajc of title #di1 ,united ,states ,code1 as that section was in effect on the day before the date of enactment of this ,act4 7,c7 ,the ,secretary shall calculate the estimated match required under section #caajd7;b7 of title #di1 ,united ,states ,code1 as amended by this subtitle4 7,d7 ,the ,secretary shall subtract the amount in subparagraph 7,b7 from the amount in subparagraph 7,c7 and-- 7i7 if the number is greater than #j1 the ,secretary shall subtract the number from the amount in subparagraph 7,a72 or 7ii7 if the number is not greater than #j1 the ,secretary shall calculate the maintenance of effort using the methodology in subparagraph 7,a74 7#c7 ,maintenance of effort amount 7,a7 ,in general ,the ,secretary shall use the amount calculated under paragraph 7#b7 as the baseline maintenance of effort required under section #caajb7;f7 of title #di1 ,united ,states ,code1 as amended by this subtitle4 7,b7 ,deadline ,if a ,state does not request a waiver or modification under this subsection before ,september #cj during the first fiscal year that the ,secretary implements a new allocation formula for the motor carrier safety assistance program under this subtitle1 the ,secretary shall calculate the maintenance of effort using the methodology described in paragraph 7#b77;,a74 7#d7 ,maintenance of effort described ,the maintenance of effort calculated under this section is the amount required under section #caajb7;f7 of title #di1 ,united ,states ,code1 as amended by this subtitle4 7c7 ,termination of effectiveness ,the authority of the ,secretary under this section shall terminate effective on the date that a new maintenance of effort baseline is calculated based on a new allocation formula for the motor carrier safety assistance program implemented under section #caajb of title #di1 ,united ,states ,code4 ,b ,federal ,motor ,carrier ,safety ,administration ,reform ,i ,regulatory ,reform #ebja4 ,notice of cancellation of insurance ,section #acijf7;e7 of title #di1 ,united ,states ,code1 is amended by inserting or suspend after revoke4 #ebjb4 ,regulations ,section #caacf of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g7 and transferring such subsection to appear at the end of section #cacae of such title2 and 7#b7 by adding at the end the following3 7f7 ,regulatory impact analysis ,within each regulatory impact analysis of a proposed or final rule issued by the ,federal ,motor ,carrier ,safety ,administration1 the ,secretary shall1 whenever practicable-- 7#a7 consider the effects of the proposed or final rule on different segments of the motor carrier industry2 7#b7 formulate estimates and findings based on the best available science2 and 7#c7 utilize available data specific to the different types of motor carriers1 including small and large carriers1 and drivers that will be impacted by the proposed or final rule4 7g7 ,public participation 7#a7 ,in general ,if a proposed rule promulgated under this part is likely to lead to the promulgation of a major rule1 the ,secretary1 before promulgating such proposed rule1 shall-- 7,a7 issue an advance notice of proposed rulemaking2 or 7,b7 proceed with a negotiated rulemaking4 7#b7 ,requirements ,each advance notice of proposed rulemaking issued under paragraph 7#a7 shall-- 7,a7 identify the need for a potential regulatory action2 7,b7 identify and request public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives2 7,c7 request public comment on the available data and costs with respect to regulatory alternatives reasonably likely to be considered as part of the rulemaking2 and 7,d7 request public comment on available alternatives to regulation4 7#c7 ,waiver ,this subsection does not apply to a proposed rule if the ,secretary1 for good cause1 finds 7and incorporates the finding and a brief statement of reasons for such finding in the proposed or final rule7 that an advance notice of proposed rulemaking is impracticable1 unnecessary1 or contrary to the public interest4 7h7 ,review of rules 7#a7 ,in general ,once every #e years1 the ,secretary shall conduct a review of regulations issued under this part4 7#b7 ,schedule ,at the beginning of each #e-year review period1 the ,secretary shall publish a schedule that sets forth the plan for completing the review under paragraph 7#a7 within #e years4 7#c7 ,notification of changes ,during each review period1 the ,secretary shall address any changes to the schedule published under paragraph 7#b7 and notify the public of such changes4 7#d7 ,consideration of petitions ,in conducting a review under paragraph 7#a71 the ,secretary shall consider petitions for regulatory action under this part received by the ,administrator of the ,federal ,motor ,carrier ,safety ,administration4 7#e7 ,assessment ,at the conclusion of each review under paragraph 7#a71 the ,secretary shall publish on a publicly accessible ,internet ,web site of the ,department of ,transportation an assessment that includes-- 7,a7 an inventory of the regulations issued during the #e-year period ending on the date on which the assessment is published2 7,b7 a determination of whether the regulations are-- 7i7 consistent and clear2 7ii7 current with the operational realities of the motor carrier industry2 and 7iii7 uniformly enforced2 and 7,c7 an assessment of whether the regulations continue to be necessary4 7#f7 ,rulemaking ,not later than #b years after the completion of each review under this subsection1 the ,secretary shall initiate a rulemaking to amend regulations as necessary to address the determinations made under paragraph 7#e77;,b7 and the results of the assessment under paragraph 7#e77;,c74 7i7 ,rule of construction ,nothing in subsection 7f7 or 7g7 may be construed to limit the contents of an advance notice of proposed rulemaking4 4 #ebjc4 ,guidance 7a7 ,in general 7#a7 ,date of issuance and point of contact ,each guidance document issued by the ,federal ,motor ,carrier ,safety ,administration shall have a date of issuance or a date of revision1 as applicable1 and shall include the name and contact information of a point of contact at the ,administration who can respond to questions regarding the guidance4 7#b7 ,public accessibility 7,a7 ,in general ,each guidance document issued or revised by the ,federal ,motor ,carrier ,safety ,administration shall be published on a publicly accessible ,internet ,web site of the ,department on the date of issuance or revision4 7,b7 ,redaction ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration may redact from a guidance document published under subparagraph 7,a7 any information that would reveal investigative techniques that would compromise ,administration enforcement efforts4 7#c7 ,incorporation into regulations ,not later than #e years after the date on which a guidance document is published under paragraph 7#b7 or during an applicable review under subsection 7c71 whichever is earlier1 the ,secretary shall revise regulations to incorporate the guidance document to the extent practicable4 7#d7 ,reissuance ,if a guidance document is not incorporated into regulations in accordance with paragraph 7#c71 the ,administrator shall-- 7,a7 reissue an updated version of the guidance document2 and 7,b7 review and reissue an updated version of the guidance document every #e years until the date on which the guidance document is removed or incorporated into applicable regulations4 7b7 ,initial review ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall review all guidance documents published under subsection 7a7 to ensure that such documents are current1 are readily accessible to the public1 and meet the standards specified in subparagraphs 7,a71 7,b71 and 7,c7 of subsection 7c77#a74 7c7 ,regular review 7#a7 ,in general ,subject to paragraph 7#b71 not less than once every #e years1 the ,administrator shall conduct a comprehensive review of the guidance documents issued by the ,federal ,motor ,carrier ,safety ,administration to determine whether such documents are-- 7,a7 consistent and clear2 7,b7 uniformly and consistently enforced2 and 7,c7 still necessary4 7#b7 ,notice and comment ,prior to beginning a review under paragraph 7#a71 the ,administrator shall publish in the ,federal ,register a notice and request for comment that solicits input from stakeholders on which guidance documents should be updated or eliminated4 7#c7 ,report 7,a7 ,in general ,not later than #fj days after the date on which a review under paragraph 7#a7 is completed1 the ,administrator shall publish on a publicly accessible ,internet ,web site of the ,department a report detailing the review and a full inventory of the guidance documents of the ,administration4 7,b7 ,contents ,a report under subparagraph 7,a7 shall include a summary of the response of the ,administration to each comment received under paragraph 7#b74 7d7 ,guidance document defined ,in this section1 the term guidance document means a document issued by the ,federal ,motor ,carrier ,safety ,administration that-- 7#a7 provides an interpretation of a regulation of the ,administration2 or 7#b7 includes an enforcement policy of the ,administration4 #ebjd4 ,petitions 7a7 ,in general ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall-- 7#a7 publish on a publicly accessible ,internet ,web site of the ,department a summary of all petitions for regulatory action submitted to the ,administration2 7#b7 prioritize the petitions submitted based on the likelihood of safety improvements resulting from the regulatory action requested2 7#c7 not later than #ahj days after the date a summary of a petition is published under paragraph 7#a71 formally respond to such petition by indicating whether the ,administrator will accept1 deny1 or further review the petition2 7#d7 prioritize responses to petitions consistent with a response's potential to reduce crashes1 improve enforcement1 and reduce unnecessary burdens2 and 7#e7 not later than #fj days after the date of receipt of a petition1 publish on a publicly accessible ,internet ,web site of the ,department an updated inventory of the petitions described in paragraph 7#a71 including any applicable disposition information for those petitions4 7b7 ,petition defined ,in this section1 the term petition means a request for a new regulation1 a regulatory interpretation or clarification1 or a review of a regulation to eliminate or modify an obsolete1 ineffective1 or overly burdensome regulation4 ,,ii ,compliance1 ,safety1 ,accountability ,reform #ebba4 ,correlation study 7a7 ,in general ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration 7referred to in this part as the ,administrator7 shall commission the ,national ,research ,council of the ,national ,academies to conduct a study of-- 7#a7 the ,compliance1 ,safety1 ,accountability program of the ,federal ,motor ,carrier ,safety ,administration 7referred to in this part as the ,,csa program72 and 7#b7 the ,safety ,measurement ,system utilized by the ,,csa program 7referred to in this part as the ,,sms74 7b7 ,scope of study ,in carrying out the study commissioned pursuant to subsection 7a71 the ,national ,research ,council-- 7#a7 shall analyze-- 7,a7 the accuracy with which the ,behavior ,analysis and ,safety ,improvement ,categories 7referred to in this part as ,,basic7-- 7i7 identify high risk carriers2 and 7ii7 predict or are correlated with future crash risk1 crash severity1 or other safety indicators for motor carriers2 7,b7 the methodology used to calculate ,,basic percentiles and identify carriers for enforcement1 including the weights assigned to particular violations and the tie between crash risk and specific regulatory violations1 with respect to accurately identifying and predicting future crash risk for motor carriers2 7,c7 the relative value of inspection information and roadside enforcement data2 7,d7 any data collection gaps or data sufficiency problems that may exist and the impact of those gaps and problems on the efficacy of the ,,csa program2 7,e7 the accuracy of safety data1 including the use of crash data from crashes in which a motor carrier was free from fault2 7,f7 whether ,,basic percentiles for motor carriers of passengers should be calculated differently than for motor carriers of freight2 7,g7 the differences in the rates at which safety violations are reported to the ,federal ,motor ,carrier ,safety ,administration for inclusion in the ,,sms by various enforcement authorities1 including ,states1 territories1 and ,federal inspectors2 and 7,h7 how members of the public use the ,,sms and what effect making the ,,sms information public has had on reducing crashes and eliminating unsafe motor carriers from the industry2 and 7#b7 shall consider-- 7,a7 whether the ,,sms provides comparable precision and confidence1 through ,,sms alerts and percentiles1 for the relative crash risk of individual large and small motor carriers2 7,b7 whether alternatives to the ,,sms would identify high risk carriers more accurately2 and 7,c7 the recommendations and findings of the ,comptroller ,general of the ,united ,states and the ,inspector ,general of the ,department1 and independent review team reports1 issued before the date of enactment of this ,act4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall submit a report containing the results of the study commissioned pursuant to subsection 7a7 to-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7#c7 the ,inspector ,general of the ,department4 7d7 ,corrective action plan 7#a7 ,in general ,not later than #abj days after the ,administrator submits the report under subsection 7c71 if that report identifies a deficiency or opportunity for improvement in the ,,csa program or in any element of the ,,sms1 the ,administrator shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a corrective action plan that-- 7,a7 responds to the deficiencies or opportunities identified by the report2 7,b7 identifies how the ,federal ,motor ,carrier ,safety ,administration will address such deficiencies or opportunities2 and 7,c7 provides an estimate of the cost1 including with respect to changes in staffing1 enforcement1 and data collection1 necessary to address such deficiencies or opportunities4 7#b7 ,program reforms ,the corrective action plan submitted under paragraph 7#a7 shall include an implementation plan that-- 7,a7 includes benchmarks2 7,b7 includes programmatic reforms1 revisions to regulations1 or proposals for legislation2 and 7,c7 shall be considered in any rulemaking by the ,department that relates to the ,,csa program1 including the ,,sms4 7e7 ,inspector ,general review ,not later than #abj days after the ,administrator submits a corrective action plan under subsection 7d71 the ,inspector ,general of the ,department shall-- 7#a7 review the extent to which such plan implements-- 7,a7 recommendations contained in the report submitted under subsection 7c72 and 7,b7 relevant recommendations issued by the ,comptroller ,general or the ,inspector ,general before the date of enactment of this ,act2 and 7#b7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the responsiveness of the corrective action plan to the recommendations described in paragraph 7#a74 #ebbb4 ,beyond compliance 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall incorporate into the ,,csa program a methodology to allow recognition and an improved ,,sms score for-- 7#a7 the installation of advanced safety equipment2 7#b7 the use of enhanced driver fitness measures2 7#c7 the adoption of fleet safety management tools1 technologies1 and programs2 or 7#d7 other metrics as determined appropriate by the ,administrator4 7b7 ,qualification ,the ,administrator1 after providing notice and an opportunity for comment1 shall develop technical or other performance standards with respect to advanced safety equipment1 enhanced driver fitness measures1 fleet safety management tools1 technologies1 and programs1 and other metrics for purposes of subsection 7a74 7c7 ,report ,not later than #ah months after the incorporation of the methodology under subsection 7a71 the ,administrator shall submit 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 on the number of motor carriers receiving recognition and improved scores under such methodology and the safety performance of such carriers4 #ebbc4 ,data certification 7a7 ,in general ,on and after the date that is #a day after the date of enactment of this ,act1 no information regarding analysis of violations1 crashes in which a determination is made that the motor carrier or the commercial motor vehicle driver is not at fault1 alerts1 or the relative percentile for each ,,basic developed under the ,,csa program may be made available to the public 7including through requests under section #eeb of title #e1 ,united ,states ,code7 until the ,inspector ,general of the ,department certifies that-- 7#a7 the report required under section #ebba7;c7 has been submitted in accordance with that section2 7#b7 any deficiencies identified in the report required under section #ebba7;c7 have been addressed2 7#c7 if applicable1 the corrective action plan under section #ebba7;d7 has been implemented2 7#d7 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration has fully implemented or satisfactorily addressed the issues raised in the report titled ,modifying the ,compliance1 ,safety1 ,accountability ,program ,would ,improve the ,ability to ,identify ,high ,risk ,carriers of the ,government ,accountability ,office and dated ,february #bjad 7,,gao-#ad-aad72 and 7#e7 the ,,csa program has been modified in accordance with section #ebbb4 7b7 ,limitation on the use of ,,csa analysis ,information regarding alerts and the relative percentile for each ,,basic developed under the ,,csa program may not be used for safety fitness determinations until the ,inspector ,general of the ,department makes the certification under subsection 7a74 7c7 ,continued public availability of data ,notwithstanding any other provision of this section1 inspection and violation information submitted to the ,federal ,motor ,carrier ,safety ,administration by commercial motor vehicle inspectors and qualified law enforcement officials1 out-of-service rates1 and absolute measures shall remain available to the public4 7d7 ,exceptions 7#a7 ,in general ,notwithstanding any other provision of this section-- 7,a7 the ,federal ,motor ,carrier ,safety ,administration and ,state and local commercial motor vehicle enforcement agencies may use the information referred to in subsection 7a7 for purposes of investigation and enforcement prioritization2 and 7,b7 a motor carrier and a commercial motor vehicle driver may access information referred to in subsection 7a7 that relates directly to the motor carrier or driver1 respectively4 7#b7 ,rule of construction ,nothing in this section may be construed to restrict the official use by ,state enforcement agencies of the data collected by ,state enforcement personnel4 #ebbd4 ,interim hiring standard 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,entity ,the term entity means a person acting as-- 7,a7 a shipper1 other than an individual shipper 7as that term is defined in section #acajb of title #di1 ,united ,states ,code71 or a consignee2 7,b7 a broker or a freight forwarder 7as such terms are defined in section #acajb of title #di1 ,united ,states ,code72 7,c7 a non-vessel-operating common carrier1 an ocean freight forwarder1 or an ocean transportation intermediary 7as such terms are defined in section #djajb of title #df1 ,united ,states ,code72 7,d7 an indirect air carrier authorized to operate under a ,standard ,security ,program approved by the ,transportation ,security ,administration2 7,e7 a customs broker licensed in accordance with section #aaa4b of title #ai1 ,code of ,federal ,regulations2 7,f7 an interchange motor carrier subject to paragraphs 7#a77;,b7 and 7#b7 of section #acijb7;i7 of title #di1 ,united ,states ,code2 or 7,g7 a warehouse 7as defined in section #g-ajb7ac7 of the ,uniform ,commercial ,code74 7#b7 ,motor carrier ,the term motor carrier means a motor carrier 7as that term is defined in section #acajb of title #di1 ,united ,states ,code7 that is subject to ,federal motor carrier financial responsibility and safety regulations4 7b7 ,hiring standard ,subsection 7c7 shall only be applicable to entities who1 before tendering a shipment1 but not more than #ce days before the pickup of the shipment by the hired motor carrier1 verify that the motor carrier1 at the time of such verification-- 7#a7 is registered with and authorized by the ,federal ,motor ,carrier ,safety ,administration to operate as a motor carrier1 if applicable2 7#b7 has the minimum insurance coverage required by ,federal law2 and 7#c7 has a satisfactory safety fitness determination issued by the ,federal ,motor ,carrier ,safety ,administration in force4 7c7 ,interim use of data 7#a7 ,in general ,with respect to an entity who completed a verification under subsection 7b71 only information regarding the entity's compliance or noncompliance with subsection 7b7 may be admitted as evidence or otherwise used against the entity in a civil action for damages resulting from a claim of negligent selection or retention of a motor carrier4 7#b7 ,excluded evidence ,with respect to an entity who completed a verification under subsection 7b71 motor carrier data 7other than the information described in paragraph 7#a77 created or maintained by the ,federal ,motor ,carrier ,safety ,administration1 including ,,sms data or analysis of such data1 may not be admitted into evidence in a case or proceeding in which it is asserted or alleged that the entity's selection or retention of a motor carrier was negligent4 7d7 ,sunset ,this section shall cease to be effective on the date on which the ,inspector ,general of the ,department makes the certification under section #ebbc7;a74 ,c ,commercial ,motor ,vehicle ,safety #ecja4 ,implementing safety requirements 7a7 ,national clearinghouse for controlled substance and alcohol test results of commercial motor vehicle operators ,if the deadline established under section #cacjf;a7a77#a7 of title #di1 ,united ,states ,code1 has not been met1 not later than #cj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate written notification that-- 7#a7 explains why such deadline has not been met2 and 7#b7 establishes a new deadline for completion of the requirements of such section4 7b7 ,electronic logging devices ,if the deadline established under section #caacg7;a7 of title #di1 ,united ,states ,code1 has not been met1 not later than #cj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate written notification that-- 7#a7 explains why such deadline has not been met2 and 7#b7 establishes a new deadline for completion of the requirements of such section4 7c7 ,standards for training ,if the deadline established under section #cacje7;c7 of title #di1 ,united ,states ,code1 has not been met1 not later than #cj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate written notification that-- 7#a7 explains why such deadline has not been met2 and 7#b7 establishes a new deadline for completion of the requirements of such section4 7d7 ,further responsibilities ,if the ,secretary determines that a deadline established under subsection 7a77#b71 7b77#b71 or 7c77#b7 cannot be met1 not later than #cj days after the date on which such determination is made1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate written notification that-- 7#a7 explains why such deadline cannot be met2 and 7#b7 establishes a new deadline for completion of the relevant requirements4 #ecjb4 ,windshield mounted safety technology 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall issue regulations to modify section #cic4fj7;e77#a7 of title #di1 ,code of ,federal ,regulations1 to permanently allow the voluntary mounting on the inside of a vehicle's windshield1 within the area swept by windshield wipers1 of vehicle safety technologies1 if the ,secretary determines that such mounting is likely to achieve a level of safety that is equivalent to1 or greater than1 the level of safety that would be achieved without such mounting4 7b7 ,vehicle safety technology defined ,in this section1 the term vehicle safety technology includes lane departure warning systems1 collision avoidance systems1 on-board video event recording devices1 and any other technology determined appropriate by the ,secretary4 7c7 ,rule of construction ,nothing in this section may be construed to alter the terms of a short-term exemption from section #cic4fj7;e7 of title #di1 ,code of ,federal ,regulations1 granted and in effect as of the date of enactment of this ,act4 #ecjc4 ,prioritizing statutory rulemakings ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall prioritize the completion of each outstanding rulemaking required by statute before beginning any other rulemaking1 unless the ,secretary determines that there is a significant need for such other rulemaking4 #ecjd4 ,safety reporting system 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the cost and feasibility of establishing a self-reporting system for commercial motor vehicle drivers or motor carriers with respect to en route equipment failures4 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 an analysis of-- 7,a7 alternatives for the reporting of equipment failures in real time1 including an ,internet ,web site or telephone hotline2 7,b7 the ability of a commercial motor vehicle driver or a motor carrier to provide to the ,federal ,motor ,carrier ,safety ,administration proof of repair of a self-reported equipment failure2 7,c7 the ability of the ,federal ,motor ,carrier ,safety ,administration to ensure that self-reported equipment failures proven to be repaired are not used in the calculation of ,behavior ,analysis and ,safety ,improvement ,category scores2 7,d7 the ability of roadside inspectors to access self-reported equipment failures2 7,e7 the cost to establish and administer a self-reporting system2 7,f7 the ability for a self-reporting system to track individual commercial motor vehicles through unique identifiers2 and 7,g7 whether a self-reporting system would yield demonstrable safety benefits2 7#b7 an identification of any regulatory or statutory impediments to the implementation of a self-reporting system2 and 7#c7 recommendations on implementing a self-reporting system4 #ecje4 ,new entrant safety review program 7a7 ,in general ,the ,secretary shall conduct an assessment of the new operator safety review program under section #caadd7;g7 of title #di1 ,united ,states ,code1 including the program's effectiveness in reducing crashes1 fatalities1 and injuries involving commercial motor vehicles and improving commercial motor vehicle safety4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall publish on a publicly accessible ,internet ,web site of the ,department and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the results of the assessment conducted under subsection 7a71 including any recommendations for improving the effectiveness of the program 7including recommendations for legislative changes74 #ecjf4 ,ready mixed concrete trucks ,a driver of a ready mixed concrete mixer truck is exempt from section #c7;a77#c77;ii7 of part #cie of title #di1 ,code of ,federal ,regulations1 if the driver is in compliance with clauses 7i71 7iii71 7iv71 and 7v7 of subsection 7e77#a7 of section #a of part #cie of such title 7regarding the #ajj air-mile logging exemption74 ,d ,commercial ,motor ,vehicle ,drivers #edja4 ,opportunities for veterans 7a7 ,standards for training and testing of veteran operators ,section #cacje of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,standards for training and testing of veteran operators 7#a7 ,in general ,not later than ,december #ca1 #bjaf1 the ,secretary shall modify the regulations prescribed under subsections 7a7 and 7c7 to-- 7,a7 exempt a covered individual from all or a portion of a driving test if the covered individual had experience in the armed forces or reserve components driving vehicles similar to a commercial motor vehicle2 7,b7 ensure that a covered individual may apply for an exemption under subparagraph 7,a7 during1 at least1 the #a-year period beginning on the date on which such individual separates from service in the armed forces or reserve components2 and 7,c7 credit the training and knowledge a covered individual received in the armed forces or reserve components driving vehicles similar to a commercial motor vehicle for purposes of satisfying minimum standards for training and knowledge4 7#b7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,armed forces ,the term armed forces has the meaning given that term in section #aja7;a77#d7 of title #aj4 7,b7 ,covered individual ,the term covered individual means-- 7i7 a former member of the armed forces2 or 7ii7 a former member of the reserve components4 7,c7 ,reserve components ,the term reserve components means-- 7i7 the ,army ,national ,guard of the ,united ,states2 7ii7 the ,army ,reserve2 7iii7 the ,navy ,reserve2 7iv7 the ,marine ,corps ,reserve2 7v7 the ,air ,national ,guard of the ,united ,states2 7vi7 the ,air ,force ,reserve2 and 7vii7 the ,coast ,guard ,reserve4 4 7b7 ,implementation of the military commercial driver's license act ,not later than ,december #ca1 #bjae1 the ,secretary shall issue final regulations to implement the exemption to the domicile requirement under section #cacaa7;a77#ab77;,c7 of title #di1 ,united ,states ,code4 7c7 ,conforming amendment ,section #cacaa7;a77#ab77;,c77ii7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7ii7 is an active duty member of-- 7,i7 the armed forces 7as that term is defined in section #aja7;a77#d7 of title #aj72 or 7,,ii7 the reserve components 7as that term is defined in section #cacje7;d77#b77;,c7 of this title72 and 4 #edjb4 ,drug-free commercial drivers 7a7 ,in general ,section #cacjf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7,b7 in subparagraph 7,a7 by striking ,the regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol42 and 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 ,the regulations prescribed under subparagraph 7,a7 shall permit motor carriers-- 7i7 to conduct preemployment testing of commercial motor vehicle operators for the use of alcohol2 and 7ii7 to use hair testing as an acceptable alternative to urine testing-- 7,i7 in conducting preemployment testing for the use of a controlled substance2 and 7,,ii7 in conducting random testing for the use of a controlled substance if the operator was subject to hair testing for preemployment testing4 2 7#b7 in subsection 7b77#b7-- 7,a7 in subparagraph 7,a7 by striking and at the end2 7,b7 in subparagraph 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 shall provide an exemption from hair testing for commercial motor vehicle operators with established religious beliefs that prohibit the cutting or removal of hair4 2 and 7#c7 in subsection 7c77#b7-- 7,a7 in the matter preceding subparagraph 7,a7 by inserting for urine testing1 and technical guidelines for hair testing1 before including mandatory guidelines2 7,b7 in subparagraph 7,b7 by striking and at the end2 7,c7 in subparagraph 7,c7 by inserting and after the semicolon2 and 7,d7 by adding at the end the following3 7,d7 laboratory protocols and cut-off levels for hair testing to detect the use of a controlled substance2 4 7b7 ,guidelines ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall issue scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance for purposes of section #cacjf of title #di1 ,united ,states ,code4 #edjc4 ,certified medical examiners 7a7 ,in general ,section #cacae7;b77#a7 of title #di1 ,united ,states ,code1 is amended by striking or section #caacf and inserting 1 section #caacf1 or section #caadi7;d77#c74 7b7 ,conforming amendment ,section #caadi7;d77#c7 of title #di1 ,united ,states ,code1 is amended by inserting 1 unless the person issuing the certificate is the subject of an exemption issued under section #cacae7;b77#a7 before the semicolon4 #edjd4 ,graduated commercial driver's license pilot program 7a7 ,task force 7#a7 ,in general ,the ,secretary shall convene a task force to evaluate and make recommendations to the ,secretary on elements for inclusion in a graduated commercial driver's license pilot program that would allow a novice licensed driver between the ages of #ai years and #f months and #ba years to safely operate a commercial motor vehicle in a limited capacity in interstate commerce between ,states that enter into a bi-,state agreement4 7#b7 ,membership ,the task force convened under paragraph 7#a7 shall include representatives of ,state motor vehicle administrators1 motor carriers1 labor organizations1 safety advocates1 and other stakeholders determined appropriate by the ,secretary4 7#c7 ,considerations ,the task force convened under paragraph 7#a7 shall evaluate and make recommendations on the following elements for inclusion in a graduated commercial driver's license pilot program3 7,a7 ,a specified length of time for a learner's permit stage4 7,b7 ,a requirement that drivers under the age of #ba years be accompanied by experienced drivers over the age of #ba years4 7,c7 ,a restriction on travel distances4 7,d7 ,a restriction on maximum allowable driving hours4 7,e7 ,mandatory driver training that exceeds the requirements for drivers over the age of #ba years issued by the ,secretary under section #cacje7;c7 of title #di1 ,united ,states ,code4 7,f7 ,use of certain safety technologies in the vehicles of drivers under the age of #ba years4 7,g7 ,any other element the task force considers appropriate4 7#d7 ,recommendations ,not later than #a year after the date of enactment of this ,act1 the task force convened under paragraph 7#a7 shall recommend to the ,secretary the elements the task force has determined appropriate for inclusion in a graduated commercial driver's license pilot program4 7b7 ,pilot program 7#a7 ,in general ,not later than #a year after receiving the recommendations of the task force under subsection 7a71 the ,secretary shall establish a graduated commercial driver's license pilot program in accordance with such recommendations and section #cacae7;c7 of title #di1 ,united ,states ,code4 7#b7 ,pre-establishment requirements ,prior to the establishment of the pilot program under paragraph 7#a71 the ,secretary shall-- 7,a7 submit to ,congress a report outlining the recommendations of the task force received under subsection 7a72 and 7,b7 publish in the ,federal ,register1 and provide sufficient notice of and an opportunity for public comment on1 the-- 7i7 proposed requirements for ,state and driver participation in the pilot program1 based on the recommendations of the task force and consistent with paragraph 7#c72 7ii7 measures the ,secretary will utilize under the pilot program to ensure safety2 and 7iii7 standards the ,secretary will use to evaluate the pilot program1 including to determine any changes in the level of motor carrier safety as a result of the pilot program4 7#c7 ,program elements ,the pilot program established under paragraph 7#a7-- 7,a7 may not allow an individual under the age of #ai years and #f months to participate2 7,b7 may not allow a driver between the ages of #ai years and #f months and #ba years to-- 7i7 operate a commercial motor vehicle in special configuration2 or 7ii7 transport hazardous cargo2 7,c7 shall be carried out in a ,state 7including the ,district of ,columbia7 only if the ,governor of the ,state 7or the ,mayor of the ,district of ,columbia1 if applicable7 approves an agreement with a contiguous ,state to allow a licensed driver under the age of #ba years to operate a commercial motor vehicle across both ,states in accordance with the pilot program2 7,d7 may not recognize more than #f agreements described in subparagraph 7,c72 7,e7 may not allow more than #aj motor carriers to participate in the pilot program under each agreement described in subparagraph 7,c72 7,f7 shall require each motor carrier participating in the pilot program under an agreement described in subparagraph 7,c7 to-- 7i7 have in effect a satisfactory safety fitness determination that was issued by the ,federal ,motor ,carrier ,safety ,administration during the #b-year period preceding the date of the ,federal ,register publication required under paragraph 7#b77;,b72 and 7ii7 agree to have its safety performance monitored by the ,secretary during participation in the pilot program2 7,g7 shall allow for the revocation of a motor carrier's participation in the pilot program if a ,state or the ,secretary determines that the motor carrier violated the requirements1 including safety requirements1 of the pilot program2 and 7,h7 shall ensure that a valid graduated commercial driver's license issued by a ,state that has entered into an agreement described in subparagraph 7,c7 and is approved by the ,secretary to participate in the pilot program is recognized as valid in both ,states that are participating in the agreement4 7c7 ,inspector ,general report 7#a7 ,monitoring ,the ,inspector ,general of the ,department of ,transportation shall monitor and review the implementation of the pilot program established under subsection 7b74 7#b7 ,report ,the ,inspector ,general shall submit to ,congress and the ,secretary-- 7,a7 not later than #a year after the establishment of the pilot program under subsection 7b71 an interim report on the results of the review conducted under paragraph 7#a72 and 7,b7 not later than #fj days after the conclusion of the pilot program1 a final report on the results of the review conducted under paragraph 7#a74 7#c7 ,additional contents 7,a7 ,interim report ,the interim report required under paragraph 7#b77;,a7 shall address whether the ,secretary has established sufficient mechanisms and generated sufficient data to determine if the pilot program is having any adverse effects on motor carrier safety4 7,b7 ,final report ,the final report required under paragraph 7#b77;,b7 shall address the impact of the pilot program on-- 7i7 safety2 and 7ii7 the number of commercial motor vehicle drivers available for employment4 #edje4 ,veterans expanded trucking opportunities 7a7 ,in general ,in the case of a physician-approved veteran operator1 the qualified physician of such operator may1 subject to the requirements of subsection 7b71 perform a medical examination and provide a medical certificate for purposes of compliance with the requirements of section #caadi of title #di1 ,united ,states ,code4 7b7 ,certification ,the certification described under subsection 7a7 shall include-- 7#a7 assurances that the physician performing the medical examination meets the requirements of a qualified physician under this section2 and 7#b7 certification that the physical condition of the operator is adequate to enable such operator to operate a commercial motor vehicle safely4 7c7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,physician-approved veteran operator ,the term physician-approved veteran operator means an operator of a commercial motor vehicle who-- 7,a7 is a veteran who is enrolled in the health care system established under section #agje7;a7 of title #ch1 ,united ,states ,code2 and 7,b7 is required to have a current valid medical certificate pursuant to section #caadi of title #di1 ,united ,states ,code4 7#b7 ,qualified physician ,the term qualified physician means a physician who-- 7,a7 is employed in the ,department of ,veterans ,affairs2 7,b7 is familiar with the standards for1 and physical requirements of1 an operator certified pursuant to section #caadi of title #di1 ,united ,states ,code2 and 7,c7 has never1 with respect such section1 been found to have acted fraudulently1 including by fraudulently awarding a medical certificate4 7#c7 ,veteran ,the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 7d7 ,statutory construction ,nothing in this section shall be construed to change any statutory penalty associated with fraud or abuse4 ,e ,general ,provisions #eeja4 ,minimum financial responsibility 7a7 ,transporting property ,if the ,secretary proceeds with a rulemaking to determine whether to increase the minimum levels of financial responsibility required under section #caaci of title #di1 ,united ,states ,code1 the ,secretary shall consider1 prior to issuing a final rule-- 7#a7 the rulemaking's potential impact on-- 7,a7 the safety of motor vehicle transportation2 and 7,b7 the motor carrier industry1 including small and minority motor carriers and independent owner-operators2 7#b7 the ability of the insurance industry to provide the required amount of insurance2 7#c7 the extent to which current minimum levels of financial responsibility adequately cover-- 7,a7 medical care2 7,b7 compensation2 7,c7 attorney fees2 and 7,d7 other identifiable costs2 7#d7 the frequency with which insurance claims exceed current minimum levels of financial responsibility in fatal accidents2 and 7#e7 the impact of increased levels on motor carrier safety and accident reduction4 7b7 ,transporting passengers 7#a7 ,in general ,prior to initiating a rulemaking to change the minimum levels of financial responsibility under section #caach of title #di1 ,united ,states ,code1 the ,secretary shall complete a study specific to the minimum financial responsibility requirements for motor carriers of passengers4 7#b7 ,study contents ,a study under paragraph 7#a7 shall include-- 7,a7 a review of accidents1 injuries1 and fatalities in the over-the-road bus and school bus industries2 7,b7 a review of insurance held by over-the-road bus and public and private school bus companies1 including companies of various sizes1 and an analysis of whether such insurance is adequate to cover claims2 7,c7 an analysis of whether and how insurance affects the behavior and safety record of motor carriers of passengers1 including with respect to crash reduction2 and 7,d7 an analysis of the anticipated impacts of an increase in financial responsibility on insurance premiums for passenger carriers and service availability4 7#c7 ,consultation ,in conducting a study under paragraph 7#a71 the ,secretary shall consult with-- 7,a7 representatives of the over-the-road bus and private school bus transportation industries1 including representatives of bus drivers2 and 7,b7 insurers of motor carriers of passengers4 7#d7 ,report ,if the ,secretary undertakes a study under paragraph 7#a71 the ,secretary shall submit 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 on the results of the study4 #eejb4 ,delays in goods movement 7a7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,inspector ,general of the ,department shall submit 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 on the average length of time that operators of commercial motor vehicles are delayed before the loading and unloading of such vehicles and at other points in the pick-up and delivery process4 7#b7 ,contents ,the report under paragraph 7#a7 shall include-- 7,a7 an assessment of how delays impact-- 7i7 the economy2 7ii7 the efficiency of the transportation system2 7iii7 motor carrier safety1 including the extent to which delays result in violations of motor carrier safety regulations2 and 7iv7 the livelihood of motor carrier drivers2 and 7,b7 recommendations on how delays could be mitigated4 7b7 ,collection of data ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall establish by regulation a process to collect data on delays experienced by operators of commercial motor vehicles before the loading and unloading of such vehicles and at other points in the pick-up and delivery process4 #eejc4 ,report on motor carrier financial responsibility 7a7 ,in general ,not later than ,april #a1 #bjaf1 the ,secretary shall publish on a publicly accessible ,internet ,web site of the ,department a report on the minimum levels of financial responsibility required under section #caaci of title #di1 ,united ,states ,code4 7b7 ,contents ,the report required under subsection 7a7 shall include an analysis of-- 7#a7 the differences between ,state insurance requirements and ,federal requirements2 7#b7 the extent to which current minimum levels of financial responsibility adequately cover-- 7,a7 medical care2 7,b7 compensation2 7,c7 attorney fees2 and 7,d7 other identifiable costs2 and 7#c7 the frequency with which insurance claims exceed the current minimum levels of financial responsibility4 #eejd4 ,emergency route working group 7a7 ,in general 7#a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a working group to determine best practices for expeditious ,state approval of special permits for vehicles involved in emergency response and recovery4 7#b7 ,members ,the working group shall include representatives from-- 7,a7 ,state highway transportation departments or agencies2 7,b7 relevant modal agencies within the ,department2 7,c7 emergency response or recovery experts2 7,d7 relevant safety groups2 and 7,e7 entities affected by special permit restrictions during emergency response and recovery efforts4 7b7 ,considerations ,in determining best practices under subsection 7a71 the working group shall consider whether-- 7#a7 impediments currently exist that prevent expeditious ,state approval of special permits for vehicles involved in emergency response and recovery2 7#b7 it is possible to pre-identify and establish emergency routes between ,states through which infrastructure repair materials could be delivered following a natural disaster or emergency2 7#c7 a ,state could pre-designate an emergency route identified under paragraph 7#b7 as a certified emergency route if a motor vehicle that exceeds the otherwise applicable ,federal and ,state truck length or width limits may safely operate along such route during periods of declared emergency and recovery from such periods2 and 7#d7 an online map could be created to identify each pre-designated emergency route under paragraph 7#c71 including information on specific limitations1 obligations1 and notification requirements along that route4 7c7 ,report 7#a7 ,submission ,not later than #a year after the date of enactment of this ,act1 the working group shall submit to the ,secretary a report on its findings under this section and any recommendations for the implementation of best practices for expeditious ,state approval of special permits for vehicles involved in emergency response and recovery4 7#b7 ,publication ,not later than #cj days after the date the ,secretary receives the report under paragraph 7#a71 the ,secretary shall publish the report on a publicly accessible ,internet ,web site of the ,department4 7d7 ,notification ,not later than #f months after the date the ,secretary receives the report under subsection 7c77#a71 the ,secretary shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate on the actions the ,secretary and the ,states have taken to implement the recommendations included in the report4 7e7 ,exemption ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the working group4 7f7 ,termination ,the working group shall terminate #a year after the date the ,secretary receives the report under subsection 7c77#a74 #eeje4 ,household goods consumer protection working group 7a7 ,working group ,the ,secretary shall establish a working group for the purpose of developing recommendations on how to best convey to inexperienced consumers the information such consumers need to know with respect to the ,federal laws concerning the interstate transportation of household goods by motor carrier4 7b7 ,membership ,the ,secretary shall ensure that the working group is comprised of individuals with expertise in consumer affairs1 educators with expertise in how people learn most effectively1 and representatives of the household goods moving industry4 7c7 ,recommendations 7#a7 ,contents ,the recommendations developed by the working group shall include recommendations on-- 7,a7 condensing publication ,,esa #jcjje of the ,federal ,motor ,carrier ,safety ,administration into a format that is more easily used by consumers2 7,b7 using state-of-the-art education techniques and technologies1 including optimizing the use of the ,internet as an educational tool2 and 7,c7 reducing and simplifying the paperwork required of motor carriers and shippers in interstate transportation4 7#b7 ,deadline ,not later than #a year after the date of enactment of this ,act-- 7,a7 the working group shall make the recommendations described in paragraph 7#a72 and 7,b7 the ,secretary shall publish the recommendations on a publicly accessible ,internet ,web site of the ,department4 7d7 ,report ,not later than #a year after the date on which the working group makes its recommendations under subsection 7c77#b71 the ,secretary shall issue a report to ,congress on the implementation of such recommendations4 7e7 ,exemption ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the working group4 7f7 ,termination ,the working group shall terminate #a year after the date the working group makes its recommendations under subsection 7c77#b74 #eejf4 ,technology improvements 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a comprehensive analysis of the information technology and data collection and management systems of the ,federal ,motor ,carrier ,safety ,administration4 7b7 ,requirements ,the study conducted under subsection 7a7 shall-- 7#a7 evaluate the efficacy of the existing information technology1 data collection1 processing systems1 data correction procedures1 and data management systems and programs1 including their interaction with each other and their efficacy in meeting user needs2 7#b7 identify any redundancies among the systems1 procedures1 and programs described in paragraph 7#a72 7#c7 explore the feasibility of consolidating data collection and processing systems2 7#d7 evaluate the ability of the systems1 procedures1 and programs described in paragraph 7#a7 to meet the needs of-- 7,a7 the ,federal ,motor ,carrier ,safety ,administration1 at both the headquarters and ,state levels2 7,b7 the ,state agencies that implement the motor carrier safety assistance program under section #caajb of title #di1 ,united ,states ,code2 and 7,c7 other users2 7#e7 evaluate the adaptability of the systems1 procedures1 and programs described in paragraph 7#a71 in order to make necessary future changes to ensure user needs are met in an easier1 timely1 and more cost-efficient manner2 7#f7 investigate and make recommendations regarding-- 7,a7 deficiencies in existing data sets impacting program effectiveness2 and 7,b7 methods to improve user interfaces2 and 7#g7 identify the appropriate role the ,federal ,motor ,carrier ,safety ,administration should take with respect to software and information systems design1 development1 and maintenance for the purpose of improving the efficacy of the systems1 procedures1 and programs described in paragraph 7#a74 #eejg4 ,notification regarding motor carrier registration ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate written notification of the actions the ,secretary is taking to ensure1 to the greatest extent practicable1 that each application for registration under section #acijb of title #di1 ,united ,states ,code1 is processed not later than #cj days after the date on which the application is received by the ,secretary4 #eejh4 ,report on commercial driver's license skills test delays ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that-- 7#a7 describes1 for each ,state1 the status of skills testing for applicants for a commercial driver's license1 including-- 7,a7 the average wait time1 by month and location1 from the date an applicant requests to take a skills test to the date the applicant completes such test2 7,b7 the average wait time1 by month and location1 from the date an applicant1 upon failure of a skills test1 requests a retest to the date the applicant completes such retest2 7,c7 the actual number of qualified commercial driver's license examiners1 by month and location1 available to test applicants2 and 7,d7 the number of testing sites available through the ,state department of motor vehicles and whether this number has increased or decreased from the previous year2 and 7#b7 describes specific steps that the ,administrator is taking to address skills testing delays in ,states that have average skills test or retest wait times of more than #g days from the date an applicant requests to test or retest to the date the applicant completes such test or retest4 #eeji4 ,covered farm vehicles ,section #cbicd7;b77#a7 of ,,map-#ba 7#di ,u4,s4,c4 #caacf note7 is amended by striking from and all that follows through the period at end and inserting the following3 from-- 7,a7 a requirement described in subsection 7a7 or a compatible ,state requirement2 or 7,b7 any other minimum standard provided by a ,state relating to the operation of that vehicle4 4 #eeaj4 ,operators of hi-rail vehicles 7a7 ,in general ,in the case of a commercial motor vehicle driver subject to the hours of service requirements in part #cie of title #di1 ,code of ,federal ,regulations1 who is driving a hi-rail vehicle1 the maximum on duty time under section #cie4c of such title for such driver shall not include time in transportation to or from a duty assignment if such time in transportation-- 7#a7 does not exceed #b hours per calendar day or a total of #cj hours per calendar month2 and 7#b7 is fully and accurately accounted for in records to be maintained by the motor carrier and such records are made available upon request of the ,federal ,motor ,carrier ,safety ,administration or the ,federal ,railroad ,administration4 7b7 ,emergency ,in the case of a train accident1 an act of ,god1 a train derailment1 or a major equipment failure or track condition that prevents a train from advancing1 a driver described in subsection 7a7 may complete a run without being in violation of the provisions of part #cie of title #di1 ,code of ,federal ,regulations4 7c7 ,hi-,rail vehicle defined ,in this section1 the term hi-rail vehicle has the meaning given the term in section #bad4g of title #di1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act4 #eeaa4 ,electronic logging device requirements ,section #caacg7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,c7 by striking apply to and inserting except as provided in paragraph 7#c71 apply to2 and 7#b7 by adding at the end the following3 7#c7 ,exception ,a motor carrier1 when transporting a motor home or recreation vehicle trailer within the definition of the term driveaway-towaway operation 7as defined in section #cij4e of title #di1 ,code of ,federal ,regulations71 may comply with the hours of service requirements by requiring each driver to use-- 7,a7 a paper record of duty status form2 or 7,b7 an electronic logging device4 4 #eeab4 ,technical corrections 7a7 ,title #di ,title #di1 ,united ,states ,code1 is amended as follows3 7#a7 ,section #acijb7;i77#b7 is amended by inserting except as before described4 7#b7 ,section #acijc7;d7 is amended by striking 7d7 ,registration as ,motor ,carrier ,required4-- and all that follows through 7#a7 ,in general4--,a freight forwarder and inserting 7d7 ,registration as ,motor ,carrier ,required4--,a freight forwarder4 7#c7 ,section #acije7;d77#b77;,d7 is amended-- 7,a7 by striking the ,secretary finds that-- and all that follows through 7i7 the motor carrier1 and inserting the ,secretary finds that the motor carrier12 and 7,b7 by adding a period at the end4 7#d7 ,section #adija7;h7 is amended by striking ,household ,goods in the heading4 7#e7 ,section #adiaf is amended by striking the section designation and heading and inserting the following3 #adiaf4 ,unlawful brokerage activities 4 7b7 ,,map-#ba ,effective as of ,july #f1 #bjab1 and as if included therein as enacted1 ,,map-#ba 7,public ,law #aab-ada7 is amended as follows3 7#a7 ,section #cbajh7;a77#d7 7#abf ,stat4 #ghb7 is amended by inserting for before each additional day in the matter proposed to be struck4 7#b7 ,section #cbcja7;b77#c7 7#abf ,stat4 #ghf7 is amended by striking by amending 7a7 to read as follows3 and inserting by striking subsection 7a7 and inserting the following34 7#c7 ,section #cbcjb7;c77#b77;,b7 7#abf ,stat4 #ghi7 is amended by striking section #cbcjc7;c77#a7 and inserting section #cbcjb7;c77#a74 7#d7 ,section #cbiba7;b7 7#abf ,stat4 #hbh7 is amended1 in the matter to be inserted1 by striking 7,a7 ,in addition and inserting the following3 7,a7 ,in general ,in addition 4 7#e7 ,section #cbica7;c7 7#abf ,stat4 #hbi7 is amended-- 7,a7 by striking ,secretary and inserting ,secretary of ,transportation in the matter to be struck2 and 7,b7 by striking ,secretary and inserting ,secretary of ,transportation in the matter to be inserted4 7c7 ,motor ,carrier ,safety ,improvement ,act of #aiii ,section #bbi7;a77#a7 of the ,motor ,carrier ,safety ,improvement ,act of #aiii 7#di ,u4,s4,c4 #caacf note7 is amended by inserting of title #di1 ,united ,states ,code1 after sections #caacf and #caejb4 #eeac4 ,automobile transporter 7a7 ,automobile transporter defined ,section #caaaa7;a77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking specifically2 and 7#b7 by adding at the end the following3 ,an automobile transporter shall not be prohibited from the transport of cargo or general freight on a backhaul1 so long as it complies with weight limitations for a truck tractor and semitrailer combination44 7b7 ,truck tractor defined ,section #caaaa7;a77#c77;,b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking only2 and 7#b7 by inserting before the period at the end the following3 or any other commodity1 including cargo or general freight on a backhaul4 7c7 ,backhaul defined ,section #caaaa7;a7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,backhaul ,the term backhaul means the return trip of a vehicle transporting cargo or general freight1 especially when carrying goods back over all or part of the same route4 4 7d7 ,stinger-,steered ,automobile ,transporters ,section #caaaa7;b77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,e7 by striking or at the end2 7#b7 in subparagraph 7,f7 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,g7 imposes a vehicle length limitation of less than #hj feet on a stinger-steered automobile transporter with a front overhang of less than #d feet and a rear overhang of less than #f feet4 4 #eead4 ,ready mix concrete delivery vehicles ,section #caejb of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,ready mixed concrete delivery vehicles 7#a7 ,in general ,notwithstanding any other provision of law1 regulations issued under this section or section #caacf 7including section #a7;e77#a77;ii7 of part #cie of title #di1 ,code of ,federal ,regulations7 regarding reporting1 recordkeeping1 or documentation of duty status1 shall not apply to any driver of a ready mixed concrete delivery vehicle if-- 7,a7 the driver operates within a #ajj air-mile radius of the normal work reporting location2 7,b7 the driver returns to the work reporting location and is released from work within #ad consecutive hours2 7,c7 the driver has at least #aj consecutive hours off duty following each #ad hours on duty2 7,d7 the driver does not exceed #aa hours maximum driving time following #aj consecutive hours off duty2 and 7,e7 the motor carrier that employs the driver maintains and retains for a period of #f months accurate and true time records that show-- 7i7 the time the driver reports for duty each day2 7ii7 the total number of hours the driver is on duty each day2 7iii7 the time the driver is released from duty each day2 and 7iv7 the total time for the preceding driving week the driver is used for the first time or intermittently4 7#b7 ,definition ,in this section1 the term driver of ready mixed concrete delivery vehicle means a driver of a vehicle designed to deliver ready mixed concrete on a daily basis and is equipped with a mechanism under which the vehicle's propulsion engine provides the power to operate a mixer drum to agitate and mix the product en route to the delivery site4 4 #eeae4 ,safety study regarding double-decker motorcoaches 7a7 ,study ,the ,secretary of ,transportation1 in consultation with ,state transportation safety officials1 shall conduct a study regarding the safety operations1 fire suppression capability1 tire loads1 and pavement impacts of operating a double-decker motorcoach equipped with a device designed by the motorcoach manufacturer to attach to the rear of the motorcoach for use in transporting passenger baggage4 7b7 ,report ,not later than #f months after the date of enactment of this ,act1 the ,secretary shall submit a report containing the results of the study to-- 7#a7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7#b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 #eeaf4 ,transportation of construction materials and equipment ,section #bbi7;e77#d7 of the ,motor ,carrier ,safety ,improvement ,act of #aiii 7#di ,u4,s4,c4 #caacf note7 is amended-- 7#a7 by striking #ej air mile radius and inserting #ge air mile radius2 and 7#b7 by striking the driver4 and inserting the driver1 except that a ,state1 upon notice to the ,secretary1 may establish a different air mile radius limitation for purposes of this paragraph if such limitation is between #ej and #ge air miles and applies only to movements that take place entirely within the ,state44 #eeag4 ,commercial delivery of light- and medium-duty trailers 7a7 ,definitions ,section #caaaa7;a7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,trailer transporter towing unit ,the term trailer transporter towing unit means a power unit that is not used to carry property when operating in a towaway trailer transporter combination4 7#f7 ,towaway trailer transporter combination ,the term towaway trailer transporter combination means a combination of vehicles consisting of a trailer transporter towing unit and two trailers or semitrailers-- 7,a7 with a total weight that does not exceed #bf1jjj pounds2 and 7,b7 in which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer1 distributor or dealer of such trailers or semitrailers4 4 7b7 ,general limitations ,section #caaaa7;b77#a7 of such title is amended-- 7#a7 in subparagraph 7,e7 by striking or at the end2 7#b7 in subparagraph 7,f7 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,g7 has the effect of imposing an overall length limitation of less than #hb feet on a towaway trailer transporter combination4 4 7c7 ,conforming ,amendments 7#a7 ,property-carrying unit limitation ,section #caaab7;a77#a7 of such title is amended by inserting before the period at the end the following3 1 but not including a trailer or a semitrailer transported as part of a towaway trailer transporter combination1 as defined in section #caaaa7;a74 7#b7 ,access to ,interstate ,system ,section #caaad7;a77#b7 of such title is amended by inserting any towaway trailer transporter combination1 as defined in section #caaaa7;a71 after passengers14 #eeah4 ,,gao ,review of school bus safety ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a review of the following3 7#a7 ,existing ,federal and ,state rules and guidance1 as of the date of the review1 concerning school bus transportation of elementary school and secondary school students engaging in home-to-school transport or other transport determined by the ,comptroller ,general to be a routine part of kindergarten through grade #ab education1 including regulations and guidance regarding driver training programs1 capacity requirements1 programs for special needs students1 inspection standards1 vehicle age requirements1 best practices1 and public access to inspection results and crash records4 7#b7 ,any correlation between public or private school bus fleet operators whose vehicles are involved in an accident as defined by section #cij4e of title #di1 ,code of ,federal ,regulations1 and each of the following3 7,a7 ,a failure by those same operators of ,state or local safety inspections4 7,b7 ,the average age or odometer readings of the school buses in the fleets of such operators4 7,c7 ,violations of ,federal laws administered by the ,department of ,transportation1 or of ,state law equivalents of such laws4 7,d7 ,violations of ,state or local law relating to illegal passing of a school bus4 7#c7 ,a regulatory framework comparison of public and private school bus operations4 7#d7 ,expert recommendations on best practices for safe and reliable school bus transportation1 including driver training programs1 inspection standards1 school bus age and odometer reading maximums for retirement1 the percentage of buses in a local bus fleet needed as spare buses1 and capacity levels per school bus for different age groups4 ,,vi ,innovation #fjja4 ,short title ,this title may be cited as the ,transportation for ,tomorrow ,act of #bjae4 #fjjb4 ,authorization of appropriations 7a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,highway research and development program ,to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code1 #abe1jjj1jjj for each of fiscal years #bjaf through #bjba4 7#b7 ,technology and innovation deployment program ,to carry out section #ejc7;c7 of title #bc1 ,united ,states ,code-- 7,a7 #fg1jjj1jjj for fiscal year #bjaf2 7,b7 #fg1ejj1jjj for fiscal year #bjag2 7,c7 #fg1ejj1jjj for fiscal year #bjah2 7,d7 #fg1ejj1jjj for fiscal year #bjai2 7,e7 #fg1ejj1jjj for fiscal year #bjbj2 and 7,f7 #fg1ejj1jjj for fiscal year #bjba4 7#c7 ,training and education ,to carry out section #ejd of title #bc1 ,united ,states ,code #bd1jjj1jjj for each of fiscal years #bjaf through #bjba4 7#d7 ,intelligent transportation systems program ,to carry out sections #eab through #eah of title #bc1 ,united ,states ,code #ajj1jjj1jjj for each of fiscal years #bjaf through #bjba4 7#e7 ,university transportation centers program ,to carry out section #eeje of title #di1 ,united ,states ,code-- 7,a7 #gb1ejj1jjj for fiscal year #bjaf2 7,b7 #ge1jjj1jjj for fiscal year #bjag2 7,c7 #ge1jjj1jjj for fiscal year #bjah2 7,d7 #gg1ejj1jjj for fiscal year #bjai2 7,e7 #gg1ejj1jjj for fiscal year #bjbj2 and 7,f7 #gg1ejj1jjj for fiscal year #bjba4 7#f7 ,bureau of transportation statistics ,to carry out chapter #fc of title #di1 ,united ,states ,code1 #bf1jjj1jjj for each of fiscal years #bjaf through #bjba4 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 transferable1 except as otherwise provided in this ,act4 #fjjc4 ,advanced transportation and congestion management technologies deployment ,section #ejc7;c7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,advanced transportation technologies deployment 7,a7 ,in general ,not later than #f months after the date of enactment of this paragraph1 the ,secretary shall establish an advanced transportation and congestion management technologies deployment initiative to provide grants to eligible entities to develop model deployment sites for large scale installation and operation of advanced transportation technologies to improve safety1 efficiency1 system performance1 and infrastructure return on investment4 7,b7 ,criteria ,the ,secretary shall develop criteria for selection of an eligible entity to receive a grant under this paragraph1 including how the deployment of technology will-- 7i7 reduce costs and improve return on investments1 including through the enhanced use of existing transportation capacity2 7ii7 deliver environmental benefits that alleviate congestion and streamline traffic flow2 7iii7 measure and improve the operational performance of the applicable transportation network2 7iv7 reduce the number and severity of traffic crashes and increase driver1 passenger1 and pedestrian safety2 7v7 collect1 disseminate1 and use real-time traffic1 transit1 parking1 and other transportation-related information to improve mobility1 reduce congestion1 and provide for more efficient and accessible transportation2 7vi7 monitor transportation assets to improve infrastructure management1 reduce maintenance costs1 prioritize investment decisions1 and ensure a state of good repair2 7vii7 deliver economic benefits by reducing delays1 improving system performance1 and providing for the efficient and reliable movement of goods and services2 or 7viii7 accelerate the deployment of vehicle-to-vehicle1 vehicle-to-infrastructure1 autonomous vehicles1 and other technologies4 7,c7 ,applications 7i7 ,request ,not later than #f months after the date of enactment of this paragraph1 and for every fiscal year thereafter1 the ,secretary shall request applications in accordance with clause 7ii74 7ii7 ,contents ,an application submitted under this subparagraph shall include the following3 7,i7 ,plan ,a plan to deploy and provide for the long-term operation and maintenance of advanced transportation and congestion management technologies to improve safety1 efficiency1 system performance1 and return on investment4 7,,ii7 ,objectives ,quantifiable system performance improvements1 such as-- 7aa7 reducing traffic-related crashes1 congestion1 and costs2 7bb7 optimizing system efficiency2 and 7cc7 improving access to transportation services4 7,,iii7 ,results ,quantifiable safety1 mobility1 and environmental benefit projections such as data-driven estimates of how the project will improve the region's transportation system efficiency and reduce traffic congestion4 7,,iv7 ,partnerships ,a plan for partnering with the private sector or public agencies1 including multimodal and multijurisdictional entities1 research institutions1 organizations representing transportation and technology leaders1 or other transportation stakeholders4 7,v7 ,leveraging ,a plan to leverage and optimize existing local and regional advanced transportation technology investments4 7,d7 ,grant selection 7i7 ,grant awards ,not later than #a year after the date of enactment of this paragraph1 and for every fiscal year thereafter1 the ,secretary shall award grants to not less than #e and not more than #h eligible entities4 7ii7 ,geographic diversity ,in awarding a grant under this paragraph1 the ,secretary shall ensure1 to the extent practicable1 that grant recipients represent diverse geographic areas of the ,united ,states4 7,e7 ,use of grant funds ,a grant recipient may use funds awarded under this paragraph to deploy advanced transportation and congestion management technologies1 including-- 7i7 advanced traveler information systems2 7ii7 advanced transportation management technologies2 7iii7 infrastructure maintenance1 monitoring1 and condition assessment2 7iv7 advanced public transportation systems2 7v7 transportation system performance data collection1 analysis1 and dissemination systems2 7vi7 advanced safety systems1 including vehicle-to-vehicle and vehicle-to-infrastructure communications1 technologies associated with autonomous vehicles1 and other collision avoidance technologies1 including systems using cellular technology2 7vii7 integration of intelligent transportation systems with the ,smart ,grid and other energy distribution and charging systems2 7viii7 electronic pricing and payment systems2 or 7ix7 advanced mobility and access technologies1 such as dynamic ridesharing and information systems to support human services for elderly and disabled individuals4 7,f7 ,report to ,secretary ,not later than #a year after an eligible entity receives a grant under this paragraph1 and each year thereafter1 the entity shall submit a report to the ,secretary that describes-- 7i7 deployment and operational costs of the project compared to the benefits and savings the project provides2 and 7ii7 how the project has met the original expectations projected in the deployment plan submitted with the application1 such as-- 7,i7 data on how the project has helped reduce traffic crashes1 congestion1 costs1 and other benefits of the deployed systems2 7,,ii7 data on the effect of measuring and improving transportation system performance through the deployment of advanced technologies2 7,,iii7 the effectiveness of providing real-time integrated traffic1 transit1 and multimodal transportation information to the public to make informed travel decisions2 and 7,,iv7 lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance4 7,g7 ,report ,not later than #c years after the date that the first grant is awarded under this paragraph1 and each year thereafter1 the ,secretary shall make available to the public on an ,internet ,web site a report that describes the effectiveness of grant recipients in meeting their projected deployment plans1 including data provided under subparagraph 7,f7 on how the program has-- 7i7 reduced traffic-related fatalities and injuries2 7ii7 reduced traffic congestion and improved travel time reliability2 7iii7 reduced transportation-related emissions2 7iv7 optimized multimodal system performance2 7v7 improved access to transportation alternatives2 7vi7 provided the public with access to real-time integrated traffic1 transit1 and multimodal transportation information to make informed travel decisions2 7vii7 provided cost savings to transportation agencies1 businesses1 and the traveling public2 or 7viii7 provided other benefits to transportation users and the general public4 7,h7 ,additional grants ,the ,secretary may cease to provide additional grant funds to a recipient of a grant under this paragraph if-- 7i7 the ,secretary determines from such recipient's report that the recipient is not carrying out the requirements of the grant2 and 7ii7 the ,secretary provides written notice #fj days prior to withholding funds to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate4 7,i7 ,funding 7i7 ,in general ,from funds made available to carry out section #ejc7;b71 this subsection1 and sections #eab through #eah1 the ,secretary shall set aside for grants awarded under subparagraph 7,d7 #ge1jjj1jjj for each of fiscal years #bjaf through #bjba4 7ii7 ,expenses for the ,secretary ,of the amounts set aside under clause 7i71 the ,secretary may set aside #b1jjj1jjj each fiscal year for program reporting1 evaluation1 and administrative costs related to this paragraph4 7,j7 ,federal share ,the ,federal share of the cost of a project for which a grant is awarded under this subsection shall not exceed #ej percent of the cost of the project4 7,k7 ,grant limitation ,the ,secretary may not award more than #bj percent of the amount described under subparagraph 7,i7 in a fiscal year to a single grant recipient4 7,l7 ,expenses for grant recipients ,a grant recipient under this paragraph may use not more than #e percent of the funds awarded each fiscal year to carry out planning and reporting requirements4 7,m7 ,grant flexibility 7i7 ,in general ,if1 by ,august #a of each fiscal year1 the ,secretary determines that there are not enough grant applications that meet the requirements described in subparagraph 7,c7 to carry out this section for a fiscal year1 the ,secretary shall transfer to the programs specified in clause 7ii7-- 7,i7 any of the funds reserved for the fiscal year under subparagraph 7,i7 that the ,secretary has not yet awarded under this paragraph2 and 7,,ii7 an amount of obligation limitation equal to the amount of funds that the ,secretary transfers under subclause 7,i74 7ii7 ,programs ,the programs referred to in clause 7i7 are-- 7,i7 the program under section #ejc7;b72 7,,ii7 the program under section #ejc7;c72 and 7,,iii7 the programs under sections #eab through #eah4 7iii7 ,distribution ,any transfer of funds and obligation limitation under clause 7i7 shall be divided among the programs referred to in that clause in the same proportions as the ,secretary originally reserved funding from the programs for the fiscal year under subparagraph 7,i74 7,n7 ,definitions ,in this paragraph1 the following definitions apply3 7i7 ,eligible entity ,the term eligible entity means a ,state or local government1 a transit agency1 metropolitan planning organization representing a population of over #bjj1jjj1 or other political subdivision of a ,state or local government or a multijurisdictional group or a consortia of research institutions or academic institutions4 7ii7 ,advanced and congestion management transportation technologies ,the term advanced transportation and congestion management technologies means technologies that improve the efficiency1 safety1 or state of good repair of surface transportation systems1 including intelligent transportation systems4 7iii7 ,multijurisdictional group ,the term multijurisdictional group means a any combination of ,state governments1 locals governments1 metropolitan planning agencies1 transit agencies1 or other political subdivisions of a ,state for which each member of the group-- 7,i7 has signed a written agreement to implement the advanced transportation technologies deployment initiative across jurisdictional boundaries2 and 7,,ii7 is an eligible entity under this paragraph4 4 #fjjd4 ,technology and innovation deployment program ,section #ejc7;c77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,c7 by striking #bjac through #bjad and inserting #bjaf through #bjba2 and 7#b7 by adding at the end the following3 7,d7 ,publication ,the ,secretary shall make available to the public on an ,internet ,web site on an annual basis a report on the cost and benefits from deployment of new technology and innovations that substantially and directly resulted from the program established under this paragraph4 ,the report may include an analysis of-- 7i7 ,federal1 ,state1 and local cost savings2 7ii7 project delivery time improvements2 7iii7 reduced fatalities2 and 7iv7 congestion impacts4 4 #fjje4 ,intelligent transportation system goals ,section #ead7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d7 by striking and at the end2 7#b7 in paragraph 7#e7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#f7 enhancement of the national freight system and support to national freight policy goals by conducting heavy duty vehicle demonstration activities and accelerating adoption of intelligent transportation system applications in freight operations4 4 #fjjf4 ,intelligent transportation system program report ,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 of each year2 and 7#b7 by striking submit to ,congress and inserting make available to the public on a ,department of ,transportation ,web site4 #fjjg4 ,intelligent transportation system national architecture and standards ,section #eag7;a77#c7 of title #bc1 ,united ,states ,code1 is amended by striking memberships are comprised of1 and represent1 and inserting memberships include representatives of4 #fjjh4 ,communication systems deployment report ,section #eah7;a7 of title #bc1 ,united ,states ,code1 is amended by striking ,not later than #c and all that follows through ,house of ,representatives and inserting ,not later than ,july #f1 #bjaf1 the ,secretary shall make available to the public on a ,department of ,transportation ,web site a report4 #fjji4 ,infrastructure development 7a7 ,in general ,chapter #e of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #eai4 ,infrastructure development ,funds made available to carry out this chapter 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 ,technical and conforming amendments 7#a7 ,clerical amendment ,the analysis for chapter #e of title #bc1 ,united ,states ,code1 is amended by adding at the end the following new item3 #eai4 ,infrastructure development4 4 7#b7 ,technical amendment ,the item relating to section #eab in the analysis for chapter #e of title #bc1 ,united ,states ,code1 is amended to read as follows3 #eab4 ,national ,,its program plan4 4 #fjaj4 ,departmental research programs 7a7 ,assistant ,secretary for ,research and ,technology ,section #ajb7;e7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7 by striking #e and inserting #f2 and 7#b7 in paragraph 7#a77;,a7 by inserting an ,assistant ,secretary for ,research and ,technology1 after ,governmental ,affairs14 7b7 ,research activities ,section #ccj of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the section heading by striking contracts and inserting activities2 7#b7 in subsection 7a7 by striking ,the ,secretary of and inserting ,in general4--,the ,secretary of2 7#c7 in subsection 7b7 by striking ,in carrying and inserting ,responsibilities4--,in carrying2 7#d7 in subsection 7c7 by striking ,the ,secretary and inserting ,publications4--,the ,secretary2 and 7#e7 by adding at the end the following3 7d7 ,duties ,the ,secretary shall provide for the following3 7#a7 ,coordination1 facilitation1 and review of ,department of ,transportation 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 7#f7 ,coordination in support of multimodal and multidisciplinary research activities4 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 assurance and to carry out other research activities of the ,department of ,transportation2 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 ,academies1 ,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 subsection 7e77#c74 7g7 ,program evaluation and oversight ,for each of fiscal years #bjaf through #bjba1 the ,secretary is authorized to expend not more than #a and a half percent of the amounts authorized to be appropriated for the coordination1 evaluation1 and oversight of the programs administered by the ,office of the ,assistant ,secretary for ,research and ,technology4 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 section1 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 7c7 ,clerical amendment ,the item relating to section #ccj in the analysis of chapter #c of title #di1 ,united ,states ,code1 is amended to read as follows3 #ccj4 ,research activities4 4 7d7 ,technical and conforming amendments 7#a7 ,title #e amendments 7,a7 ,positions at level ,,ii ,section #ecac of title #e1 ,united ,states ,code1 is amended by striking ,the ,under ,secretary of ,transportation for ,security44 7,b7 ,positions at level ,,iv ,section #ecae of title #e1 ,united ,states ,code1 is amended in the undesignated item relating to ,assistant ,secretaries of ,transportation by striking 7#d7 and inserting 7#e74 7,c7 ,positions at level ,v ,section #ecaf of title #e1 ,united ,states ,code1 is amended by striking ,associate ,deputy ,secretary1 ,department of ,transportation44 7#b7 ,bureau of ,transportation ,statistics ,section #fcjb7;a7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7a7 ,in general ,there shall be within the ,department of ,transportation the ,bureau of ,transportation ,statistics4 4 #fjaa4 ,research and ,innovative ,technology ,administration 7a7 ,repeal ,section #aab of title #di1 ,united ,states ,code1 is repealed4 7b7 ,clerical amendment ,the analysis for chapter #a of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #aab4 #fjab4 ,office of ,intermodalism 7a7 ,repeal ,section #eejc of title #di1 ,united ,states ,code1 is repealed4 7b7 ,clerical amendment ,the analysis for chapter #ee of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #eejc4 #fjac4 ,university transportation centers ,section #eeje of title #di1 ,united ,states ,code1 is amended to read as follows3 #eeje4 ,university transportation centers program 7a7 ,university transportation centers program 7#a7 ,establishment and operation ,the ,secretary shall make grants under this section to eligible nonprofit institutions of higher education to establish and operate university transportation centers4 7#b7 ,role of centers ,the role of each university transportation center referred to in paragraph 7#a7 shall be-- 7,a7 to advance transportation expertise and technology in the varied disciplines that comprise the field of transportation through education1 research1 and technology transfer activities2 7,b7 to provide for a critical transportation knowledge base outside of the ,department of ,transportation2 and 7,c7 to address critical workforce needs and educate the next generation of transportation leaders4 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 7,a7 ,limitation ,a lead institution of a consortium of nonprofit institutions of higher education1 as applicable1 may only submit #a grant application per fiscal year for each of the transportation centers described under paragraphs 7#b71 7#c71 and 7#d7 of subsection 7c74 7,b7 ,exception for consortium members that are not lead institutions ,subparagraph 7,a7 shall not apply to a nonprofit institution of higher education that is a member of a consortium of nonprofit institutions of higher education but not the lead institution of such consortium4 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 section #ejc of title #bc4 7,b7 ,criteria ,the ,secretary1 in consultation with the ,assistant ,secretary for ,research and ,technology and the ,administrator of the ,federal ,highway ,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 women and underrepresented populations2 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 submit to the ,committees on ,transportation and ,infrastructure and ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report describing the overall review process under paragraph 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 7c7 ,grants 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary1 ,assistant ,secretary for ,research and ,technology1 and the ,administrator of the ,federal ,highway ,administration shall select grant recipients under subsection 7b7 and make grant amounts available to the selected recipients4 7#b7 ,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 ,restrictions 7i7 ,in general ,for each fiscal year1 a grant made available under this paragraph shall be not greater than #d1jjj1jjj and not less than #b1jjj1jjj per recipient4 7ii7 ,focused research ,a consortium receiving a grant under this paragraph shall focus research on #a of the transportation issue areas specified in section #ejh7;a77#b7 of title #bc4 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 amounts made available to the recipient under-- 7,i7 section #ejd7;b7 of title #bc2 or 7,,ii7 section #eje of title #bc4 7#c7 ,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#d72 7ii7 the location of the lead center within the ,federal region to be served2 and 7iii7 whether the consortium of institutions demonstrates that the consortium has a well-established1 nationally recognized program in transportation research and education1 as evidenced by-- 7,i7 recent expenditures by the institution in highway or public transportation research2 7,,ii7 a historical track record of awarding graduate degrees in professional fields closely related to highways and public transportation2 and 7,,iii7 an experienced faculty who specialize in professional fields closely related to highways and public transportation4 7,c7 ,restrictions ,for each fiscal year1 a grant made available under this paragraph shall be not greater than #c1jjj1jjj and not less than #a1ejj1jjj per recipient4 7,d7 ,matching requirements 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 amounts made available to the recipient under-- 7,i7 section #ejd7;b7 of title #bc2 or 7,,ii7 section #eje of title #bc4 7,e7 ,focused research ,the ,secretary shall make a grant to #a of the #aj regional university transportation centers established under this paragraph for the purpose of furthering the objectives described in subsection 7a77#b7 in the field of comprehensive transportation safety1 congestion1 connected vehicles1 connected infrastructure1 and autonomous vehicles4 7#d7 ,tier #a university transportation centers 7,a7 ,in general ,the ,secretary shall provide grants of not greater than #b1jjj1jjj and not less than #a1jjj1jjj to not more than #bj recipients to carry out this paragraph4 7,b7 ,matching requirement 7i7 ,in general ,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 amounts made available to the recipient under-- 7,i7 section #ejd7;b7 of title #bc2 or 7,,ii7 section #eje of title #bc4 7,c7 ,focused research ,in awarding grants under this section1 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 research4 7d7 ,program coordination 7#a7 ,in general ,the ,secretary shall-- 7,a7 coordinate the research1 education1 and technology transfer activities carried out by grant recipients under this section2 and 7,b7 disseminate the results of that research through the establishment and operation of a publicly accessible online information clearinghouse4 7#b7 ,annual review and evaluation ,not less frequently than annually1 and consistent with the plan developed under section #ejh of title #bc1 the ,secretary shall-- 7,a7 review and evaluate the programs carried out under this section by grant recipients2 and 7,b7 submit to the ,committees on ,transportation and ,infrastructure and ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report describing that review and evaluation4 7#c7 ,program evaluation and oversight ,for each of fiscal years #bjaf through #bjba1 the ,secretary shall expend not more than #a and a half percent of the amounts made available to the ,secretary to carry out this section for any coordination1 evaluation1 and oversight activities of the ,secretary under this section4 7e7 ,limitation on availability of amounts ,amounts made available to the ,secretary to carry out this section shall remain available for obligation by the ,secretary for a period of #c years after the last day of the fiscal year for which the amounts are authorized4 7f7 ,information collection ,any survey1 questionnaire1 or interview that the ,secretary determines to be necessary to carry out reporting requirements relating to any program assessment or evaluation activity under this section1 including customer satisfaction assessments1 shall not be subject to chapter #ce of title #dd4 4 #fjad4 ,bureau of ,transportation ,statistics 7a7 ,bureau of ,transportation ,statistics ,section #fcjb7;b77#c77;,b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in clause 7vi77,,iii7 by striking section #fcaj and inserting section #fcji2 7#b7 by redesignating clauses 7vii71 7viii71 7ix71 and 7x7 as clauses 7x71 7xi71 7xii71 and 7xiii71 respectively2 and 7#c7 by inserting after clause 7vi7 the following3 7vii7 develop and improve transportation economic accounts to meet demand for methods for estimating the economic value of transportation infrastructure1 investment1 and services2 7viii7 not be required to obtain the approval of any other officer or employee of the ,department in connection with the collection or analysis of any information2 7ix7 not be required1 prior to publication1 to obtain the approval of any other officer or employee of the ,federal ,government with respect to the substance of any statistical technical reports or press releases that the ,director has prepared in accordance with the law2 4 7b7 ,technical amendment ,section #fcaa7e7 of title #di1 ,united ,states ,code1 is amended by striking section #fcaj and inserting section #fcji4 #fjae4 ,surface transportation system funding alternatives 7a7 ,in general ,the ,secretary shall establish a program to provide grants to ,states to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain the long-term solvency of the ,highway ,trust ,fund4 7b7 ,application ,to be eligible for a grant under this section1 a ,state or group of ,states shall submit to the ,secretary an application in such form and containing such information as the ,secretary may require4 7c7 ,objectives ,the ,secretary shall ensure that the activities carried out using funds provided under this section meet the following objectives3 7#a7 ,to test the design1 acceptance1 and implementation of #b or more future user-based alternative revenue mechanisms4 7#b7 ,to improve the functionality of such user-based alternative revenue mechanisms4 7#c7 ,to conduct outreach to increase public awareness regarding the need for alternative funding sources for surface transportation programs and to provide information on possible approaches4 7#d7 ,to provide recommendations regarding adoption and implementation of user-based alternative revenue mechanisms4 7#e7 ,to minimize the administrative cost of any potential user-based alternative revenue mechanisms4 7d7 ,use of funds ,a ,state or group of ,states receiving funds under this section to test the design1 acceptance1 and implementation of a user-based alternative revenue mechanism-- 7#a7 shall address-- 7,a7 the implementation1 interoperability1 public acceptance1 and other potential hurdles to the adoption of the user-based alternative revenue mechanism2 7,b7 the protection of personal privacy2 7,c7 the use of independent and private third-party vendors to collect fees and operate the user-based alternative revenue mechanism2 7,d7 market-based congestion mitigation1 if appropriate2 7,e7 equity concerns1 including the impacts of the user-based alternative revenue mechanism on differing income groups1 various geographic areas1 and the relative burdens on rural and urban drivers2 7,f7 ease of compliance for different users of the transportation system2 and 7,g7 the reliability and security of technology used to implement the user-based alternative revenue mechanism2 and 7#b7 may address-- 7,a7 the flexibility and choices of user-based alternative revenue mechanisms1 including the ability of users to select from various technology and payment options2 7,b7 the cost of administering the user-based alternative revenue mechanism2 and 7,c7 the ability of the administering entity to audit and enforce user compliance4 7e7 ,consideration ,the ,secretary shall consider geographic diversity in awarding grants under this section4 7f7 ,limitations on revenue collected ,any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section #cja of title #bc1 ,united ,states ,code4 7g7 ,federal share ,the ,federal share of the cost of an activity carried out under this section may not exceed #ej percent of the total cost of the activity4 7h7 ,report to ,secretary ,not later than #a year after the date on which the first eligible entity receives a grant under this section1 and each year thereafter1 each recipient of a grant under this section shall submit to the ,secretary a report that describes-- 7#a7 how the demonstration activities carried out with grant funds meet the objectives described in subsection 7c72 and 7#b7 lessons learned for future deployment of alternative revenue mechanisms that utilize a user fee structure4 7i7 ,biennial reports ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter until the completion of the demonstration activities under this section1 the ,secretary shall make available to the public on an ,internet ,web site a report describing the progress of the demonstration activities4 7j7 ,funding ,of the funds authorized to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code-- 7#a7 #ae1jjj1jjj shall be used to carry out this section for fiscal year #bjaf2 and 7#b7 #bj1jjj1jjj shall be used to carry out this section for each of fiscal years #bjag through #bjba4 7k7 ,grant flexibility ,if1 by ,august #a of each fiscal year1 the ,secretary determines that there are not enough grant applications that meet the requirements of this section for a fiscal year1 ,secretary shall transfer to the program under section #ejc7;b7 of title #bc1 ,united ,states ,code-- 7#a7 any of the funds reserved for the fiscal year under subsection 7j7 that the ,secretary has not yet awarded under this section2 and 7#b7 an amount of obligation limitation equal to the amount of funds that the ,secretary transfers under paragraph 7#a74 #fjaf4 ,future interstate study 7a7 ,future interstate system study ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall enter into an agreement with the ,transportation ,research ,board of the ,national ,academies to conduct a study on the actions needed to upgrade and restore the ,dwight ,d4 ,eisenhower ,national ,system of ,interstate and ,defense ,highways to its role as a premier system that meets the growing and shifting demands of the #bast century4 7b7 ,methodologies ,in conducting the study1 the ,transportation ,research ,board shall build on the methodologies examined and recommended in the report prepared for the ,american ,association of ,state ,highway and ,transportation ,officials titled ,national ,cooperative ,highway ,research ,program ,project #bj-bd7gi73 ,specifications for a ,national ,study of the ,future #c,r1 #d,r1 and ,capacity ,needs of the ,interstate ,system1 dated ,december #bjac4 7c7 ,contents of study ,the study-- 7#a7 shall include specific recommendations regarding the features1 standards1 capacity needs1 application of technologies1 and intergovernmental roles to upgrade the ,interstate ,system1 including any revisions to law 7including regulations7 that the ,transportation ,research ,board determines appropriate2 and 7#b7 is encouraged to build on the institutional knowledge in the highway industry in applying the techniques involved in implementing the study4 7d7 ,considerations ,in carrying out the study1 the ,transportation ,research ,board shall determine the need for reconstruction and improvement of the ,interstate ,system by considering-- 7#a7 future demands on transportation infrastructure determined for national planning purposes1 including commercial and private traffic flows to serve future economic activity and growth2 7#b7 the expected condition of the current ,interstate ,system over the period of #ej years beginning on the date of enactment of this ,act1 including long-term deterioration and reconstruction needs2 7#c7 features that would take advantage of technological capabilities to address modern standards of construction1 maintenance1 and operations1 for purposes of safety1 and system management1 taking into further consideration system performance and cost2 and 7#d7 the resources necessary to maintain and improve the ,interstate ,system4 7e7 ,consultation ,in carrying out the study1 the ,transportation ,research ,board-- 7#a7 shall convene and consult with a panel of national experts1 including operators and users of the ,interstate ,system and private sector stakeholders2 and 7#b7 is encouraged to consult with-- 7,a7 the ,federal ,highway ,administration2 7,b7 ,states2 7,c7 planning agencies at the metropolitan1 ,state1 and regional levels2 7,d7 the motor carrier industry2 7,e7 freight shippers2 7,f7 highway safety groups2 and 7,g7 other appropriate entities4 7f7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,transportation ,research ,board shall make available to the public on an ,internet ,web site the results of the study conducted under this section4 7g7 ,funding ,from funds made available to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code1 the ,secretary may use to carry out this section up to #e1jjj1jjj for fiscal year #bjaf4 #fjag4 ,highway efficiency 7a7 ,study 7#a7 ,in general ,the ,assistant ,secretary of ,transportation for ,research and ,technology may examine the impact of pavement durability and sustainability on vehicle fuel consumption1 vehicle wear and tear1 road conditions1 and road repairs4 7#b7 ,methodology ,in carrying out the study1 the ,assistant ,secretary shall-- 7,a7 conduct a thorough review of relevant peer-reviewed research published during at least the past #e years2 7,b7 analyze impacts of different types of pavement on all motor vehicle types1 including commercial vehicles2 7,c7 specifically examine the impact of pavement deformation and deflection2 and 7,d7 analyze impacts of different types of pavement on road conditions and road repairs4 7#c7 ,consultation ,in carrying out the study1 the ,assistant ,secretary shall consult with-- 7,a7 experts from the different modal administrations of the ,department and from other ,federal agencies1 including the ,national ,institute of ,standards and ,technology2 7,b7 ,state departments of transportation2 7,c7 local government engineers and public works professionals2 7,d7 industry stakeholders2 and 7,e7 appropriate academic experts active in the field4 7b7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall publish on a public ,web site the results of the study4 7#b7 ,contents ,the report shall include-- 7,a7 a summary of the different types of pavements analyzed in the study and the impacts of pavement durability and sustainability on vehicle fuel consumption1 vehicle wear and tear1 road conditions1 and road repairs2 and 7,b7 recommendations for ,state and local governments on best practice methods for improving pavement durability and sustainability to maximize vehicle fuel economy1 ride quality1 and road conditions and to minimize the need for road and vehicle repairs4 #fjah4 ,motorcycle safety 7a7 ,study ,the ,assistant ,secretary for ,research and ,technology of the ,department of ,transportation may enter into an agreement1 within #de days after the date of enactment of this ,act1 with the ,national ,academy of ,sciences to conduct a study on the most effective means of preventing motorcycle crashes4 7b7 ,publication ,the ,assistant ,secretary may make available the findings on a public ,web site within #cj days after receiving the results of the study from the ,national ,academy of ,sciences4 #fjai4 ,hazardous materials research and development ,section #eaah of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,a7 by striking and at the end2 7,b7 in subparagraph 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 coordinate1 as appropriate1 with other ,federal agencies4 2 and 7#b7 by adding at the end the following new subsection3 7c7 ,cooperative research 7#a7 ,in general ,as part of the program established in subsection 7a71 the ,secretary may carry out cooperative research on hazardous materials transport4 7#b7 ,national academies ,the ,secretary may enter into an agreement with the ,national ,academies to support such research4 7#c7 ,research ,research conducted under this subsection may include activities related to-- 7,a7 emergency planning and response1 including information and programs that can be readily assessed and implemented in local jurisdictions2 7,b7 risk analysis and perception and data assessment2 7,c7 commodity flow data1 including voluntary collaboration between shippers and first responders for secure data exchange of critical information2 7,d7 integration of safety and security2 7,e7 cargo packaging and handling2 7,f7 hazmat release consequences2 and 7,g7 materials and equipment testing4 4 #fjbj4 ,web-based training for emergency responders ,section #eaae7;a7 of title #di1 ,united ,states ,code1 is amended by inserting 1 including online curriculum as appropriate1 after a current curriculum of courses4 #fjba4 ,transportation technology policy working group ,to improve the scientific pursuit and research procedures concerning transportation1 the ,assistant ,secretary for ,research and ,technology may convene an interagency working group to-- 7#a7 develop within #a year after the date of enactment of this ,act a national transportation research framework2 7#b7 identify opportunities for coordination between the ,department and universities and the private sector1 and prioritize these opportunities2 7#c7 identify and develop a plan to implement best practices for moving transportation research results out of the laboratory and into application2 and 7#d7 identify and develop a plan to address related workforce development needs4 #fjbb4 ,collaboration and support ,the ,secretary may solicit the support of1 and identify opportunities to collaborate with1 other ,federal research agencies and national laboratories to assist in the effective and efficient pursuit and resolution of research challenges identified by the ,secretary4 #fjbc4 ,prize competitions ,section #ejb7;b77#g7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,d7-- 7,a7 by inserting 7such as www4challenge4gov7 after public website2 7,b7 by redesignating clauses 7iii7 and 7iv7 as clauses 7iv7 and 7v71 respectively2 7,c7 by inserting after clause 7ii7 the following3 7iii7 the process for participants to register for the competition2 2 and 7,d7 in clause 7iv7 7as redesignated by subparagraph 7,b77 by striking prize and inserting cash prize purse2 7#b7 in subparagraph 7,e7 by striking prize both places it appears and inserting cash prize purse2 7#c7 by redesignating subparagraphs 7,f7 through 7,k7 as subparagraphs 7,g7 through 7,l71 respectively2 7#d7 by inserting after subparagraph 7,e7 the following3 7,f7 ,use of ,federal facilities2 consultation with ,federal employees ,an individual or entity is not ineligible to receive a cash prize purse under this paragraph as a result of the individual or entity using a ,federal facility or consulting with a ,federal employee related to the individual or entity's participation in a prize competition under this paragraph unless the same facility or employee is made available to all individuals and entities participating in the prize competition on an equitable basis4 2 7#e7 in subparagraph 7,g7 7as redesignated by paragraph 7#c7 of this section7-- 7,a7 in clause 7i77,i7 by striking competition and inserting prize competition under this paragraph2 7,b7 in clause 7ii77,i7-- 7i7 by striking participation in a competition and inserting participation in a prize competition under this paragraph2 and 7ii7 by striking competition activities and inserting prize competition activities2 and 7,c7 by adding at the end the following3 7iii7 ,intellectual property 7,i7 ,prohibition on requiring waiver ,the ,secretary may not require a participant to waive claims against the ,department arising out of the unauthorized use or disclosure by the ,department of the intellectual property1 trade secrets1 or confidential business information of the participant4 7,,ii7 ,prohibition on ,government ,acquisition of intellectual property rights ,the ,federal ,government may not gain an interest in intellectual property developed by a participant for a prize competition under this paragraph without the written consent of the participant4 7,,iii7 ,licenses ,the ,federal ,government may negotiate a license for the use of intellectual property developed by a participant for a prize competition under this paragraph4 2 7#f7 in subparagraph 7,h77i7 7as redesignated by paragraph 7#c7 of this section7 by striking subparagraph 7,h7 and inserting subparagraph 7,i72 7#g7 in subparagraph 7,i7 7as redesignated by paragraph 7#c7 of this section7 by striking an agreement with a private1 nonprofit entity and inserting a grant1 contract1 cooperative agreement1 or other agreement with a private sector for-profit or nonprofit entity2 7#h7 in subparagraph 7,j7 7as redesignated by paragraph 7#c7 of this section7-- 7,a7 in clause 7i7-- 7i7 in subclause 7,i7 by striking the private sector and inserting private sector for-profit and nonprofit entities1 to be available to the extent provided by appropriations ,acts2 7ii7 in subclause 7,,ii7 by striking and metropolitan planning organizations and inserting metropolitan planning organizations1 and private sector for-profit and nonprofit entities2 and 7iii7 in subclause 7,,iii7 by inserting for-profit or nonprofit after private sector2 7,b7 in clause 7ii7 by striking prize awards and inserting cash prize purses2 7,c7 in clause 7iv7-- 7i7 by inserting competition after ,a prize2 and 7ii7 by striking the prize and inserting the cash prize purse2 7,d7 in clause 7v7-- 7i7 by striking amount of a prize and inserting amount of a cash prize purse2 7ii7 by inserting competition after announcement of the prize2 and 7iii7 in subclause 7,i7 by inserting competition after prize2 7,e7 in clause 7vi7 by striking offer a prize and inserting offer a cash prize purse2 and 7,f7 in clause 7vii7 by striking cash prizes and inserting cash prize purses2 7#i7 in subparagraph 7,k7 7as redesignated by paragraph 7#c7 of this section7 by striking or providing a prize and inserting a prize competition or providing a cash prize purse2 and 7#aj7 in subparagraph 7,l77ii7 7as redesignated by paragraph 7#c7 of this section7-- 7,a7 in subclause 7,i7 by striking ,the ,secretary and inserting ,not later than ,march #a of each year1 the ,secretary2 and 7,b7 in subclause 7,,ii7-- 7i7 in item 7cc7 by striking cash prizes both places it appears and inserting cash prize purses2 and 7ii7 in item 7ee7 by striking agency and inserting ,department4 #fjbd4 ,,gao report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall make available to the public a report that-- 7#a7 assesses the status of autonomous transportation technology policy developed by public entities in the ,united ,states2 7#b7 assesses the organizational readiness of the ,department to address autonomous vehicle technology challenges1 including consumer privacy protections2 and 7#c7 recommends implementation paths for autonomous transportation technology1 applications1 and policies that are based on the assessment described in paragraph 7#b74 #fjbe4 ,intelligent transportation system purposes ,section #ead7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#h7 by striking and at the end2 7#b7 in paragraph 7#i7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#aj7 to assist in the development of cybersecurity standards in cooperation with relevant modal administrations of the ,department of ,transportation and other ,federal agencies to help prevent hacking1 spoofing1 and disruption of connected and automated transportation vehicles4 4 #fjbf4 ,infrastructure integrity ,section #ejc7;b77#c77;,c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in clause 7xviii7 by striking and at the end2 7#b7 in clause 7xix7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7xx7 corrosion prevention measures for the structural integrity of bridges4 4 #fjbg4 ,transportation research and development #e-year strategic plan 7a7 ,in ,general ,the ,secretary shall develop a #e-year transportation research and development strategic plan for fiscal years #bjah through #bjbb to guide future ,federal transportation research and development activities4 7b7 ,consistency ,the strategic plan developed under subsection 7a7 shall be consistent with-- 7#a7 section #cjf of title #e1 ,united ,states ,code2 7#b7 sections #aaae and #aaaf of title #ca1 ,united ,states ,code2 7#c7 section #ejh of title #bc1 ,united ,states ,code2 and 7#d7 any other research and development plan within the ,department4 7c7 ,contents ,the strategic plan developed under subsection 7a7 shall-- 7#a7 describe the primary purposes of the transportation research and development program2 7#b7 list the proposed research and development activities that the ,department intends to pursue to accomplish under the strategic plan1 which may include-- 7,a7 fundamental research pertaining to the applied physical and natural sciences2 7,b7 applied science and research2 7,c7 technology development research2 and 7,d7 social science research2 and 7#c7 for each research and development activity-- 7,a7 identify the anticipated annual funding levels for the period covered by the strategic plan2 and 7,b7 describe the research findings the ,department expects to discover at the end of the period covered by the strategic plan4 7d7 ,considerations ,the ,secretary shall ensure that the strategic plan developed under this section-- 7#a7 reflects input from external stakeholders2 7#b7 includes and integrates the research and development programs of all of the ,department's modal administrations and joint programs2 7#c7 takes into account research and development by other ,federal1 ,state1 local1 private sector1 and nonprofit institutions2 and 7#d7 is published on a public website by ,december #ca1 #bjaf4 7e7 ,report 7#a7 ,national ,research ,council review ,the ,secretary shall enter into an agreement with the ,national ,research ,council for a review and analysis of the ,department's #e-year research and development strategic plan described in this section4 ,by ,march #ca1 #bjag1 the ,secretary shall publish on a public website the ,national ,research ,council's analysis of the ,department's plan4 7#b7 ,interim report ,by ,june #cj1 #bjai1 the ,secretary shall publish on a public website an interim report that-- 7,a7 provides an assessment of the ,department's #e-year research and development strategic plan described in this section that includes a description of the extent to which the research and development is or is not successfully meeting the purposes described under subsection 7c77#a72 and 7,b7 addresses any concerns and identifies any gaps that may have been raised by the ,national ,research ,council analysis under paragraph 7#a71 including how the plan is or is not responsive to the ,national ,research ,council review4 #fjbh4 ,traffic congestion 7a7 ,congestion research ,the ,assistant ,secretary may conduct research on the reduction of traffic congestion4 7b7 ,consideration ,the ,assistant ,secretary shall-- 7#a7 recommend research to accelerate the adoption of transportation management systems that allow traffic to flow in the safest and most efficient manner possible while alleviating current and future traffic congestion challenges2 7#b7 assess and analyze traffic1 transit1 and freight data from various sources relevant to efforts to reduce traffic congestion so as to maximize mobility1 efficiency1 and capacity while decreasing congestion and travel times2 7#c7 examine the use and integration of multiple data types from multiple sources and technologies1 including road weather data1 private vehicle 7including ,global ,positioning ,system7 data1 arterial and highway traffic conditions1 transit vehicle arrival and departure times1 real time navigation routing1 construction zone information1 and reports of incidents1 to suggest improvements in effective communication of such data and information in real time2 7#d7 develop and disseminate suggested strategies and solutions to reduce congestion for high-density traffic regions and to provide mobility in the event of an emergency or natural disaster2 and 7#e7 collaborate with other relevant ,federal agencies1 ,state and local agencies1 industry and industry associations1 and university research centers to fulfill goals and objectives under this section4 7c7 ,identifying information ,the ,assistant ,secretary shall ensure that information used pursuant to this section does not contain identifying information of any individual4 7d7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall make available on a public website a report on its activities under this section4 #fjbi4 ,rail safety ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary of ,transportation for ,research and ,technology may transmit to ,congress a report containing-- 7#a7 the results of a study to examine the state of rail safety technologies and an analysis of whether the passenger1 commuter1 and transit rail transportation industries are keeping up with innovations in technologies to make rail cars safer for passengers and transport of commerce2 and 7#b7 a determination of how much additional time and public and private resources will be required for railroad carriers to meet the positive train control system implementation requirements under section #bjaeg of title #di1 ,united ,states ,code4 #fjcj4 ,study and report on reducing the amount of vehicles owned by certain ,federal departments and increasing the use of commercial ride-sharing by those departments 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study on the feasibility of-- 7#a7 reducing the amount of vehicles owned by a covered department2 and 7#b7 increasing the use of commercial ride-sharing companies by a covered department4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that contains the results and conclusions of the study conducted under subsection 7a74 7c7 ,covered department defined ,in this section1 the term covered department means each of the following3 7#a7 ,the ,department of ,agriculture4 7#b7 ,the ,department of the ,interior4 7#c7 ,the ,department of ,energy4 ,,vii ,hazardous ,materials ,transportation #gjja4 ,short title ,this title may be cited as the ,hazardous ,materials ,transportation ,safety ,improvement ,act of #bjae4 #gjjb4 ,authorization of appropriations ,section #eabh of title #di1 ,united ,states ,code1 is amended to read as follows3 #eabh4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this chapter 7except sections #eajg7;e71 #eajh7;g77#b71 #eaac1 #eaae1 #eaaf1 and #eaai7-- 7#a7 #ec1jjj1jjj for fiscal year #bjaf2 7#b7 #ee1jjj1jjj for fiscal year #bjag2 7#c7 #eg1jjj1jjj for fiscal year #bjah2 7#d7 #eh1jjj1jjj for fiscal year #bjai2 7#e7 #fj1jjj1jjj for fiscal year #bjbj2 and 7#f7 #fb1jjj1jjj for fiscal year #bjba4 7b7 ,hazardous materials emergency preparedness fund ,from the ,hazardous ,materials ,emergency ,preparedness ,fund established under section #eaaf7;h71 the ,secretary may expend1 for each of fiscal years #bjaf through #bjba-- 7#a7 #ba1ihh1jjj to carry out section #eaaf7;a72 7#b7 #aej1jjj to carry out section #eaaf7;e72 7#c7 #fbe1jjj to publish and distribute the ,emergency ,response ,guidebook under section #eaaf7;h77#c72 and 7#d7 #a1jjj1jjj to carry out section #eaaf7;i74 7c7 ,hazardous materials training grants ,from the ,hazardous ,materials ,emergency ,preparedness ,fund established pursuant to section #eaaf7;h71 the ,secretary may expend #e1jjj1jjj for each of fiscal years #bjaf through #bjba to carry out section #eajg7;e74 7d7 ,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 ,indian tribe1 authority1 or entity4 7#b7 ,availability of amounts ,amounts made available under this section shall remain available until expended4 4 #gjjc4 ,national emergency and disaster response ,section #eajc of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,federally declared disasters and emergencies 7#a7 ,in general ,the ,secretary may by order waive compliance with any part of an applicable standard prescribed under this chapter without prior notice and comment and on terms the ,secretary considers appropriate if the ,secretary determines that-- 7,a7 it is in the public interest to grant the waiver2 7,b7 the waiver is not inconsistent with the safety of transporting hazardous materials2 and 7,c7 the waiver is necessary to facilitate the safe movement of hazardous materials into1 from1 and within an area of a major disaster or emergency that has been declared under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7#b7 ,period of waiver ,a waiver under this subsection may be issued for a period of not more than #fj days and may be renewed upon application to the ,secretary only after notice and an opportunity for a hearing on the waiver4 ,the ,secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this chapter4 7#c7 ,statement of reasons ,the ,secretary shall include in any order issued under this section the reason for granting the waiver4 4 #gjjd4 ,enhanced reporting ,section #eaba7;h7 of title #di1 ,united ,states ,code1 is amended by striking transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and inserting make available to the public on the ,department of ,transportation's ,internet ,web site4 #gjje4 ,wetlines 7a7 ,withdrawal ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall withdraw the proposed rule described in the notice of proposed rulemaking issued on ,january #bg1 #bjaa1 entitled ,safety ,requirements for ,external ,product ,piping on ,cargo ,tanks ,transporting ,flammable ,liquids 7#gf ,fed4 ,reg4 #dhdg74 7b7 ,savings clause ,nothing in this section shall prohibit the ,secretary from issuing standards or regulations regarding the safety of external product piping on cargo tanks transporting flammable liquids after the withdrawal is carried out pursuant to subsection 7a74 #gjjf4 ,improving publication of special permits and approvals ,section #eaag of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking an application for a special permit and inserting an application for a new special permit or a modification to an existing special permit2 and 7,b7 by inserting after the first sentence the following3 ,the ,secretary shall make available to the public on the ,department of ,transportation's ,internet ,web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than #ae days42 and 7#b7 in subsection 7c7-- 7,a7 by striking publish and inserting make available to the public2 7,b7 by striking in the ,federal ,register2 7,c7 by striking #ahj and inserting #abj2 and 7,d7 by striking the special permit each place it appears and inserting a special permit or approval2 and 7#c7 by adding at the end the following3 7g7 ,disclosure of final action ,the ,secretary shall periodically1 but at least every #abj days-- 7#a7 publish in the ,federal ,register notice of the final disposition of each application for a new special permit1 modification to an existing special permit1 or approval during the preceding quarter2 and 7#b7 make available to the public on the ,department of ,transportation's ,internet ,web site notice of the final disposition of any other special permit during the preceding quarter4 4 #gjjg4 ,,gao study on acceptance of classification examinations 7a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall evaluate and transmit to the ,secretary1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 a report on the standards1 metrics1 and protocols that the ,secretary uses to regulate the performance of persons approved to recommend hazard classifications pursuant to section #agc4ef7;b7 of title1 #di1 ,code of ,federal ,regulations 7commonly referred to as third-party labs74 7b7 ,evaluation ,the evaluation required under subsection 7a7 shall-- 7#a7 identify what standards and protocols are used to approve such persons1 assess the adequacy of such standards and protocols to ensure that persons seeking approval are qualified and capable of performing classifications1 and make recommendations to address any deficiencies identified2 7#b7 assess the adequacy of the ,secretary's oversight of persons approved to perform the classifications1 including the qualification of individuals engaged in the oversight of approved persons1 and make recommendations to enhance oversight sufficiently to ensure that classifications are issued as required2 7#c7 identify what standards and protocols exist to rescind1 suspend1 or deny approval of persons who perform such classifications1 assess the adequacy of such standards and protocols1 and make recommendations to enhance such standards and protocols if necessary2 and 7#d7 include annual data for fiscal years #bjje through #bjae on the number of applications received for new classifications pursuant to section #agc4ef7;b7 of title #di1 ,code of ,federal ,regulations1 of those applications how many classifications recommended by persons approved by the ,secretary were changed to another classification and the reasons for the change1 and how many hazardous materials incidents have been attributed to a classification recommended by such approved persons in the ,united ,states4 7c7 ,action plan ,not later than #abj days after receiving the report required under subsection 7a71 the ,secretary shall make available to the public a plan describing any actions the ,secretary will take to establish standards1 metrics1 and protocols based on the findings and recommendations in the report to ensure that persons approved to perform classification examinations required under section #agc4ef7;b7 of title #di1 ,code of ,federal ,regulations1 can sufficiently perform such examinations in a manner that meets the hazardous materials regulations4 7d7 ,regulations ,if the report required under subsection 7a7 recommends new regulations in order for the ,secretary to have confidence in the accuracy of classification recommendations rendered by persons approved to perform classification examinations required under section #agc4ef7;b7 of title #di1 ,code of ,federal ,regulations1 the ,secretary shall issue such regulations not later than #bd months after the date of enactment of this ,act4 #gjjh4 ,improving the effectiveness of planning and training grants 7a7 ,planning and training grants ,section #eaaf of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7c7 through 7k7 as subsections 7b7 through 7j71 respectively1 7#b7 by striking subsection 7b72 and 7#c7 by striking subsection 7a7 and inserting the following3 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 regional hazardous material emergency response teams2 and 7,c7 to train public sector employees to respond to accidents and incidents involving hazardous material4 7#b7 ,to the extent that a grant is used to train emergency responders under paragraph 7#a77;,c71 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#c7 ,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 ,federal ,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 of-- 7i7 a course developed or identified under section #eaae of this title2 or 7ii7 any other course the ,secretary determines is consistent with the objectives of this section4 7#d7 ,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#e7 ,a training grant under paragraph 7#a77;,c7 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#f7 ,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 training and planning4 ,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 any other factors the ,secretary determines are appropriate to carry out this subsection4 4 7b7 ,technical and conforming amendments 7#a7 ,section #eajh7;g7 of title #di1 ,united ,states ,code1 is amended by striking #eaaf7;i7 each place it appears and inserting #eaaf7;h74 7#b7 ,section #eaaf of such title is amended-- 7,a7 in subsection 7d71 as redesignated by this section1 by striking subsections 7a77#b77;,a7 and 7b77#b77;,a7 and inserting subsection 7a77#c77;,a72 7,b7 in subsection 7h71 as redesignated by this section-- 7i7 in paragraph 7#a7 by inserting and section #eajg7;e7 after section2 7ii7 in paragraph 7#b7 by striking 7f7 and inserting 7e72 and 7iii7 in paragraph 7#d7 by striking #eajh7;g77#b7 and #eaae and inserting #eajg7;e7 and #eajh7;g77#b72 7,c7 in subsection 7i71 as redesignated by this section1 by striking subsection 7b7 and inserting subsection 7a72 and 7,d7 in subsection 7j71 as redesignated by this section-- 7i7 by striking planning grants allocated under subsection 7a71 training grants under subsection 7b71 and grants under subsection 7j7 and inserting planning and training grants under subsection 7a7 and grants under subsection 7i72 and 7ii7 by redesignating subparagraphs 7,a7 through 7,d7 as paragraphs 7#a7 through 7#d71 respectively4 7c7 ,enforcement personnel ,section #eajg7;e7 of title #di1 ,united ,states ,code1 is amended by inserting 1 ,state and local personnel responsible for enforcing the safe transportation of hazardous materials1 or both after hazmat employees each place it appears4 #gjji4 ,motor carrier safety permits ,section #eaji7;h7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7h7 ,limitation on denial ,the ,secretary may not deny a non-temporary permit held by a motor carrier pursuant to this section based on a comprehensive review of that carrier triggered by safety management system scores or out-of-service disqualification standards1 unless-- 7#a7 the carrier has the opportunity1 prior to the denial of such permit1 to submit a written description of corrective actions taken and other documentation the carrier wishes the ,secretary to consider1 including a corrective action plan2 and 7#b7 the ,secretary determines the actions or plan is insufficient to address the safety concerns identified during the course of the comprehensive review4 4 #gjaj4 ,thermal blankets 7a7 ,requirements ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall issue such regulations as are necessary to require that each tank car built to meet the ,,dot-#aag specification and each non-jacketed tank car modified to meet the ,,dot-#aag,r specification be equipped with an insulating blanket with at least -inch-thick material that has been approved by the ,secretary pursuant to section #agi4ah7;c7 of title #di1 ,code of ,federal ,regulations4 7b7 ,savings clause ,nothing in this section shall prohibit the ,secretary from approving new or alternative technologies or materials as they become available that provide a level of safety at least equivalent to the level of safety provided for under subsection 7a74 #gjaa4 ,comprehensive oil spill response plans 7a7 ,in general ,chapter #ea of title #di1 ,united ,states ,code1 is amended by inserting after section #eaaj the following3 #eaaa4 ,comprehensive oil spill response plans 7a7 ,requirements ,not later than #abj days after the date of enactment of this section1 the ,secretary shall issue such regulations as are necessary to require any railroad carrier transporting a ,class #c flammable liquid to maintain a comprehensive oil spill response plan4 ,in developing such regulations1 the ,secretary shall consult with ,states to determine whether there are safety hazards or concerns specific to a ,state that should be taken into account in developing the requirements for a comprehensive oil spill response plan4 7b7 ,contents ,the regulations under subsection 7a7 shall require each railroad carrier described in that subsection to-- 7#a7 include in the comprehensive oil spill response plan procedures and resources1 including equipment1 for responding1 to the maximum extent practicable1 to a worst-case discharge2 7#b7 ensure that the comprehensive oil spill response plan is consistent with the ,national ,contingency ,plan and each applicable ,area ,contingency ,plan2 7#c7 include in the comprehensive oil spill response plan appropriate notification and training procedures and procedures for coordinating with ,federal1 ,state1 and local emergency responders2 7#d7 review and update its comprehensive oil spill response plan as appropriate2 and 7#e7 provide the comprehensive oil spill response plan for acceptance by the ,secretary4 7c7 ,savings clause ,nothing in the section may be construed to prohibit the ,secretary from promulgating differing comprehensive oil response plan standards for ,class ,i railroads1 ,class ,,ii railroads1 and ,class ,,iii railroads4 7d7 ,response plans ,the ,secretary shall-- 7#a7 maintain on file a copy of the most recent comprehensive oil spill response plans prepared by a railroad carrier transporting a ,class #c flammable liquid2 and 7#b7 provide to a person1 upon written request1 a copy of the plan1 which may exclude1 as the ,secretary determines appropriate-- 7,a7 proprietary information2 7,b7 security-sensitive information1 including information described in section #aebj4e7;a7 of title #di1 ,code of ,federal ,regulations2 7,c7 specific response resources and tactical resource deployment plans2 and 7,d7 the specific amount and location of worst-case discharges1 including the process by which a railroad carrier determines the worst-case discharge4 7e7 ,relationship to ,,foia ,nothing in this section may be construed to require disclosure of information or records that are exempt from disclosure under section #eeb of title #e4 7f7 ,definitions 7#a7 ,area ,contingency ,plan ,the term ,area ,contingency ,plan has the meaning given the term in section #caa7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;a774 7#b7 ,class #c flammable liquid ,the term ,class #c flammable liquid has the meaning given the term flammable liquid in section #agc4abj of title #di1 ,code of ,federal ,regulations4 7#c7 ,class ,i railroad2 ,class ,,ii railroad2 and ,class ,,iii railroad ,the terms ,class ,i railroad1 ,class ,,ii railroad1 and ,class ,,iii railroad have the meaning given those terms in section #bjajb4 7#d7 ,national ,contingency ,plan ,the term ,national ,contingency ,plan has the meaning given the term in section #ajja of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgja74 7#e7 ,railroad carrier ,the term railroad carrier has the meaning given the term in section #bjajb4 7#f7 ,worst-case discharge ,the term worst-case discharge means the largest foreseeable discharge of oil in the event of an accident or incident1 as determined by each railroad carrier in accordance with regulations issued under this section4 4 7b7 ,clerical amendment ,the analysis for chapter #ea of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #eaaj the following3 #eaaa4 ,comprehensive oil spill response plans4 4 #gjab4 ,information on high-hazard flammable trains 7a7 ,information on high-,hazard flammable trains ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall issue regulations to require each applicable railroad carrier to provide information on high-hazard flammable trains to ,state emergency response commissions consistent with ,emergency ,order ,docket ,no4 ,,dot-,,ost-#bjad-jjfg1 and include appropriate protections from public release of proprietary information and security-sensitive information1 including information described in section #aebj4e7;a7 of title #di1 ,code of ,federal ,regulations4 7b7 ,high-,hazard flammable train ,the term high-hazard flammable train means a single train transporting #bj or more tank cars loaded with a ,class #c flammable liquid1 as such term is defined in section #agc4abj of title #di1 ,code of ,federal ,regulations1 in a continuous block or a single train transporting #ce or more tank cars loaded with a ,class #c flammable liquid throughout the train consist4 #gjac4 ,study and testing of electronically controlled pneumatic brakes 7a7 ,government accountability office study 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct an independent evaluation of ,,ecp brake systems1 pilot program data1 and the ,department's research and analysis on the costs1 benefits1 and effects of ,,ecp brake systems4 7#b7 ,study elements ,in completing the independent evaluation under paragraph 7#a71 the ,comptroller ,general of the ,united ,states shall examine the following issues related to ,,ecp brake systems3 7,a7 ,data and modeling results on safety benefits relative to conventional brakes and to other braking technologies or systems1 such as distributed power and #b-way end-of-train devices4 7,b7 ,data and modeling results on business benefits1 including the effects of dynamic braking4 7,c7 ,data on costs1 including up-front capital costs and on-going maintenance costs4 7,d7 ,analysis of potential operational benefits and challenges1 including the effects of potential locomotive and car segregation1 technical reliability issues1 and network disruptions4 7,e7 ,analysis of potential implementation challenges1 including installation time1 positive train control integration complexities1 component availability issues1 and tank car shop capabilities4 7,f7 ,analysis of international experiences with the use of advanced braking technologies4 7#c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states 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 on the results of the independent evaluation under paragraph 7#a74 7b7 ,emergency braking application testing 7#a7 ,in general ,the ,secretary shall enter into an agreement with the ,national ,academy of ,sciences to-- 7,a7 complete testing of ,,ecp brake systems during emergency braking application1 including more than #a scenario involving the uncoupling of a train with #gj or more ,,dot-#aag-specification or ,,dot-#aag,r-specification tank cars2 and 7,b7 transmit1 not later than #ah months after the date of enactment of this ,act1 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 on the results of the testing4 7#b7 ,independent experts ,in completing the testing under paragraph 7#a77;,a71 the ,national ,academy of ,sciences may contract with #a or more engineering or rail experts1 as appropriate1 that-- 7,a7 are not railroad carriers1 entities funded by such carriers1 or entities directly impacted by the final rule issued on ,may #h1 #bjae1 entitled ,enhanced ,tank ,car ,standards and ,operational ,controls for ,high-,hazard ,flammable ,trains 7#hj ,fed4 ,reg4 #bffdc72 and 7,b7 have relevant experience in conducting railroad safety technology tests or similar crash tests4 7#c7 ,testing framework ,in completing the testing under paragraph 7#a71 the ,national ,academy of ,sciences and each contractor described in paragraph 7#b7 shall ensure that the testing objectively1 accurately1 and reliably measures the performance of ,,ecp brake systems relative to other braking technologies or systems1 such as distributed power and #b-way end-of-train devices1 including differences in-- 7,a7 the number of cars derailed2 7,b7 the number of cars punctured2 7,c7 the measures of in-train forces2 and 7,d7 the stopping distance4 7#d7 ,funding ,the ,secretary shall provide funding1 as part of the agreement under paragraph 7#a71 to the ,national ,academy of ,sciences for the testing required under this section-- 7,a7 using sums made available to carry out sections #bjajh and #eaah of title #di1 ,united ,states ,code2 and 7,b7 to the extent funding under subparagraph 7,a7 is insufficient or unavailable to fund the testing required under this section1 using such sums as are necessary from the amounts appropriated to the ,secretary1 the ,federal ,railroad ,administration1 or the ,pipeline and ,hazardous ,materials ,safety ,administration1 or a combination thereof4 7#e7 ,equipment ,the ,national ,academy of ,sciences and each contractor described in paragraph 7#b7 may receive or use rolling stock1 track1 and other equipment or infrastructure from a private entity for the purposes of conducting the testing required under this section4 7c7 ,evidence-,based approach 7#a7 ,analysis ,the ,secretary shall-- 7,a7 not later than #ij days after the report date1 fully incorporate and update the regulatory impact analysis of the final rule described in subsection 7b77#b77;,a7 of the costs1 benefits1 and effects of the applicable ,,ecp brake system requirements2 7,b7 as soon as practicable after completion of the updated analysis under subparagraph 7,a71 solicit public comment on the analysis for a period of not more than #cj days2 and 7,c7 not later than #fj days after the end of the public comment period under subparagraph 7,b71 post the final updated regulatory impact analysis on the ,department of ,transportation's ,internet ,web site4 7#b7 ,determination ,not later than #ahj days after the report date1 the ,secretary shall-- 7,a7 determine1 based on whether the final regulatory impact analysis described in paragraph 7#a77;,c7 demonstrates that the benefits1 including safety benefits1 of the applicable ,,ecp brake system requirements exceed the costs of such requirements1 whether the applicable ,,ecp brake system requirements are justified2 7,b7 if the applicable ,,ecp brake system requirements are justified1 publish in the ,federal ,register the determination and reasons for such determination2 and 7,c7 if the ,secretary does not publish the determination under subparagraph 7,b71 repeal the applicable ,,ecp brake system requirements4 7#c7 ,savings clause ,nothing in this section shall be construed to prohibit the ,secretary from implementing the final rule described under subsection 7b77#b77;,a7 prior to the determination required under subsection 7c77#b7 of this section1 or require the ,secretary to promulgate a new rulemaking on the provisions of such final rule1 other than the applicable ,,ecp brake system requirements1 if the ,secretary determines that the applicable ,,ecp brake system requirements are not justified pursuant to this subsection4 7d7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,applicable ,,ecp brake system requirements ,the term applicable ,,ecp brake system requirements means sections #agd4caj7;a77#c77;ii71 #agd4caj7;a77#c77;iii71 #agd4caj7;a77#e77v71 #agi4bjb-ab7;g71 and #agi4bjb-ac7;i7 of title #di1 ,code of ,federal ,regulations1 and any other regulation in effect on the date of enactment of this ,act requiring the installation of ,,ecp brakes or operation in ,,ecp brake mode4 7#b7 ,class #c flammable liquid ,the term ,class #c flammable liquid has the meaning given the term flammable liquid in section #agc4abj7;a7 of title #di1 ,code of ,federal ,regulations4 7#c7 ,,ecp ,the term ,,ecp means electronically controlled pneumatic when applied to a brake or brakes4 7#d7 ,,ecp brake mode ,the term ,,ecp brake mode includes any operation of a rail car or an entire train using an ,,ecp brake system4 7#e7 ,,ecp brake system 7,a7 ,in general ,the term ,,ecp brake system means a train power braking system actuated by compressed air and controlled by electronic signals from the locomotive or an ,,ecp-,,eot to the cars in the consist for service and emergency applications in which the brake pipe is used to provide a constant supply of compressed air to the reservoirs on each car but does not convey braking signals to the car4 7,b7 ,inclusions ,the term ,,ecp brake system includes dual mode and stand-alone ,,ecp brake systems4 7#f7 ,railroad carrier ,the term railroad carrier has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 7#g7 ,report date ,the term report date means the date that the reports under subsections 7a77#c7 and 7b77#a77;,b7 are required to be transmitted pursuant to those subsections4 #gjad4 ,study on the efficacy and implementation of the ,european ,train ,control ,system 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall1 in consultation with other heads of ,federal agencies as appropriate1 conduct a study on the ,european ,train ,control ,system4 7b7 ,issues ,in conducting the study described in subsection 7a71 the ,comptroller ,general shall examine1 at a minimum1 the following issues3 7#a7 ,the process by which the ,european ,train ,control ,system came to replace the more than #bj separate national train control systems throughout the ,european continent4 7#b7 ,the costs associated with implementing the ,european ,train ,control ,system across all affected railroads in ,europe4 7#c7 ,the impact of the ,european ,train ,control ,system on operating capacity and rail passenger safety4 7#d7 ,the efficacy of the ,european ,train ,control ,system and the feasibility of implementing such a system throughout the national rail network of the ,united ,states4 7#e7 ,a comparison of the costs associated with adopting ,european ,train ,control ,system technology with the costs associated with developing and implementing ,positive ,train ,control in the ,united ,states4 7c7 ,report ,not later than #ahj days after the date of the enactment of this section1 the ,comptroller ,general shall submit 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 on the results of the study described in subsection 7a74 #gjae4 ,phase-out of all tank cars used to transport ,class #c flammable liquids 7a7 ,in general ,except as provided for in subsection 7b71 beginning on the date of enactment of this ,act1 all railroad tank cars used to transport ,class #c flammable liquids shall meet the ,,dot-#aag or ,,dot-#aag,r specifications in part #agi of title #di1 ,code of ,federal ,regulations1 regardless of train composition4 7b7 ,phase-,out schedule ,certain tank cars not meeting ,,dot-#aag or ,,dot-#aag,r specifications on the date of enactment of this ,act may be used1 regardless of train composition1 until the following end-dates3 7#a7 ,for transport of unrefined petroleum products in ,class #c flammable service1 including crude oil-- 7,a7 ,january #a1 #bjah1 for non-jacketed ,,dot-#aaa tank cars2 7,b7 ,march #a1 #bjah1 for jacketed ,,dot-#aaa tank cars2 7,c7 ,april #a1 #bjbj1 for non-jacketed ,,cpc-#abcb tank cars2 and 7,d7 ,may #a1 #bjbe1 for jacketed ,,cpc-#abcb tank cars4 7#b7 ,for transport of ethanol-- 7,a7 ,may #a1 #bjbc1 for non-jacketed and jacketed ,,dot-#aaa tank cars2 7,b7 ,july #a1 #bjbc1 for non-jacketed ,,cpc-#abcb tank cars2 and 7,c7 ,may #a1 #bjbe1 for jacketed ,,cpc-#abcb tank cars4 7#c7 ,for transport of ,class #c flammable liquids in ,packing ,group ,i1 other than ,class #c flammable liquids specified in paragraphs 7#a7 and 7#b71 ,may #a1 #bjbe4 7#d7 ,for transport of ,class #c flammable liquids in ,packing ,groups ,,ii and ,,iii1 other than ,class #c flammable liquids specified in paragraphs 7#a7 and 7#b71 ,may #a1 #bjbi4 7c7 ,retrofitting shop capacity ,the ,secretary may extend the deadlines established under paragraphs 7#c7 and 7#d7 of subsection 7b7 for a period not to exceed #b years if the ,secretary determines that insufficient retrofitting shop capacity will prevent the phase-out of tank cars not meeting the ,,dot-#aag or ,,dot-#aag,r specifications by the deadlines set forth in such paragraphs4 7d7 ,implementation ,nothing in this section shall be construed to require the ,secretary to issue regulations to implement this section4 7e7 ,savings clause ,nothing in this section shall be construed to prohibit the ,secretary from implementing the final rule issued on ,may #jh1 #bjae1 entitled ,enhanced ,tank ,car ,standards and ,operational ,controls for ,high-,hazard ,flammable ,trains 7#hj ,fed4 ,reg4 #bffdc71 other than the provisions of the final rule that are inconsistent with this section4 7f7 ,class #c flammable liquid defined ,in this section1 the term ,class #c flammable liquid has the meaning given the term flammable liquid in section #agc4abj7;a7 of title #di1 ,code of ,federal ,regulations4 #gjaf4 ,track safety3 ,vertical ,track ,deflection 7a7 ,report ,not later than ,march #ca1 #bjaf1 the ,secretary shall transmit a report to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate detailing research conducted or procured by the ,federal ,railroad ,administration on developing a system that measures ,vertical ,track ,deflection 7in this section referred to as ,,vtd7 from a moving railroad car1 including the ability of such a system to identify poor track support from fouled ballast1 deteriorated cross ties1 or other conditions4 7b7 ,inclusions ,this report shall include-- 7#a7 the findings and results of testing of ,,vtd instrumentation during field trials on revenue service track2 7#b7 the findings and results of subsequent testing of ,,vtd instrumentation on a ,federal ,railroad ,administration ,automated ,track ,inspection ,program geometry car2 7#c7 if considered appropriate by the ,secretary based on the report and related research1 a plan for developing quantitative inspection criteria for poor track support using existing ,,vtd instrumentation on ,federal ,railroad ,administration ,automated ,track ,inspection ,program geometry cars2 and 7#d7 if considered appropriate by the ,secretary based on the report and related research1 a plan for installing ,,vtd instrumentation on all remaining ,federal ,railroad ,administration ,automated ,track ,inspection ,program geometry cars within #c years after the date of enactment of this ,act4 #gjag4 ,minimum requirements for top fittings protection for class ,,dot-#aag,r tank cars 7a7 ,protective ,housing ,except as provided in subsections 7b7 and 7c71 top fittings on ,,dot specification #aag,r tank cars shall be located inside a protective housing not less than -inch in thickness and constructed of a material having a tensile strength not less than #fe kilopound per square inch and conform to the following specifications3 7#a7 ,the protective housing shall be as tall as the tallest valve or fitting involved and the height of a valve or fitting within the protective housing must be kept to the minimum compatible with their proper operation4 7#b7 ,the protective housing or cover may not reduce the flow capacity of the pressure relief device below the minimum required4 7#c7 ,the protective housing shall provide a means of drainage with a minimum flow area equivalent to six #a-;inch diameter holes4 7#d7 ,when connected to the nozzle or fittings cover plate and subject to a horizontal force applied perpendicular to and uniformly over the projected plane of the protective housing1 the tensile connection strength of the protective housing shall be designed to be-- 7,a7 no greater than #gj percent of the nozzle to tank tensile connection strength2 7,b7 no greater than #gj percent of the cover plate to nozzle connection strength2 and 7,c7 no less than either #dj percent of the nozzle to tank tensile connection strength or the shear strength of twenty -inch bolts4 7b7 ,pressure ,relief ,devices 7#a7 ,the pressure relief device shall be located inside the protective housing1 unless space does not permit4 ,if multiple pressure relief devices are equipped1 no more than #a may be located outside of a protective housing4 7#b7 ,the highest point on any pressure relief device located outside of a protective housing may not be more than #ab inches above the tank jacket4 7#c7 ,the highest point on the closure of any unused pressure relief device nozzle may not be more than #f inches above the tank jacket4 7c7 ,alternative ,protection ,as an alternative to the protective housing requirements in subsection 7a7 of this section1 the tank car may be equipped with a system that prevents the release of product from any top fitting in the case of an incident where any top fitting would be sheared off4 7d7 ,implementation ,nothing in this section shall be construed to require the ,secretary to issue regulations to implement this section4 7e7 ,savings ,clause ,nothing in this section shall prohibit the ,secretary from approving new technologies1 methods or requirements that provide a level of safety equivalent to or greater than the level of safety provided for in this section4 #gjah4 ,hazardous materials endorsement exemption ,the ,secretary shall allow a ,state1 at the discretion of the ,state1 to waive the requirement for a holder of a ,class ,a commercial driver's license to obtain a hazardous materials endorsement under part #chc of title #di1 ,code of ,federal ,regulations1 if the license holder-- 7#a7 is acting within the scope of the license holder's employment as an employee of a custom harvester operation1 agrichemical business1 farm retail outlet and supplier1 or livestock feeder2 and 7#b7 is operating a service vehicle that is-- 7,a7 transporting diesel in a quantity of #c1ghe liters 7#a1jjj gallons7 or less2 and 7,b7 clearly marked with a flammable or combustible placard1 as appropriate4 #gjai4 ,hazardous materials by rail liability study 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall initiate a study on the levels and structure of insurance for a railroad carrier transporting hazardous materials4 7b7 ,contents ln conducting the study under subsection 7a71 the ,secretary shall evaluate-- 7#a7 the level and structure of insurance1 including self-insurance1 available in the private market against the full liability potential for damages arising from an accident or incident involving a train transporting hazardous materials2 and 7#b7 the level and structure of insurance that would be necessary and appropriate-- 7,a7 to efficiently allocate risk and financial responsibility for claims2 and 7,b7 to ensure that a railroad carrier transporting hazardous materials can continue to operate despite the risk of an accident or incident4 7c7 ,report ,not later than #a year after the date the study under subsection 7a7 is initiated1 the ,secretary shall submit a report containing the results of the study and recommendations for addressing liability issues with rail transportation of hazardous materials to-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7#b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7d7 ,definitions ln this section3 7#a7 ,hazardous material ,the term hazardous material means a substance or material the ,secretary designates under section #eajc7;a7 of title #di1 ,united ,states ,code4 7#b7 ,railroad carrier ,the term railroad carrier has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 ,,viii ,multimodal ,freight ,transportation #hjja4 ,multimodal freight transportation 7a7 ,in general ,subtitle ,,ix of title #di1 ,united ,states ,code1 is amended to read as follows3 ,,ix ,multimodal ,freight ,transportation ,chapter,sec4 #gja4,multimodal freight policy#gjaja #gjb4,multimodal freight transportation planning and information#gjbja #gja ,multimodal freight policy ,sec4 #gjaja4 ,national multimodal freight policy4 #gjajb4 ,national freight strategic plan4 #gjajc4 ,national ,multimodal ,freight ,network4 #gjaja4 ,national multimodal freight policy 7a7 ,in general ,it is the policy of the ,united ,states to maintain and improve the condition and performance of the ,national ,multimodal ,freight ,network established under section #gjajc to ensure that the ,network provides a foundation for the ,united ,states to compete in the global economy and achieve the goals described in subsection 7b74 7b7 ,goals ,the goals of the national multimodal freight policy are-- 7#a7 to identify infrastructure improvements1 policies1 and operational innovations that-- 7,a7 strengthen the contribution of the ,national ,multimodal ,freight ,network to the economic competitiveness of the ,united ,states2 7,b7 reduce congestion and eliminate bottlenecks on the ,national ,multimodal ,freight ,network2 and 7,c7 increase productivity1 particularly for domestic industries and businesses that create high-value jobs2 7#b7 to improve the safety1 security1 efficiency1 and resiliency of multimodal freight transportation2 7#c7 to achieve and maintain a state of good repair on the ,national ,multimodal ,freight ,network2 7#d7 to use innovation and advanced technology to improve the safety1 efficiency1 and reliability of the ,national ,multimodal ,freight ,network2 7#e7 to improve the economic efficiency of the ,national ,multimodal ,freight ,network2 7#f7 to improve the short- and long-distance movement of goods that-- 7,a7 travel across rural areas between population centers2 7,b7 travel between rural areas and population centers2 and 7,c7 travel from the ,nation's ports1 airports1 and gateways to the ,national ,multimodal ,freight ,network2 7#g7 to improve the flexibility of ,states to support multi-,state corridor planning and the creation of multi-,state organizations to increase the ability of ,states to address multimodal freight connectivity2 and 7#h7 to reduce the adverse environmental impacts of freight movement on the ,national ,multimodal ,freight ,network4 #gjajb4 ,national freight strategic plan 7a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,secretary of ,transportation shall-- 7#a7 develop a national freight strategic plan in accordance with this section2 and 7#b7 publish the plan on the public ,internet ,web site of the ,department of ,transportation4 7b7 ,contents ,the national freight strategic plan shall include-- 7#a7 an assessment of the condition and performance of the ,national ,multimodal ,freight ,network2 7#b7 forecasts of freight volumes for the succeeding #e-1 #aj-1 and #bj-year periods2 7#c7 an identification of major trade gateways and national freight corridors that connect major population centers1 trade gateways1 and other major freight generators2 7#d7 an identification of bottlenecks on the ,national ,multimodal ,freight ,network that create significant freight congestion1 based on a quantitative methodology developed by the ,secretary1 which shall1 at a minimum1 include-- 7,a7 information from the ,freight ,analysis ,framework of the ,federal ,highway ,administration2 and 7,b7 to the maximum extent practicable1 an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented2 7#e7 an assessment of statutory1 regulatory1 technological1 institutional1 financial1 and other barriers to improved freight transportation performance1 and a description of opportunities for overcoming the barriers2 7#f7 an identification of best practices for improving the performance of the ,national ,multimodal ,freight ,network2 7#g7 a process for addressing multistate projects and encouraging jurisdictions to collaborate2 and 7#h7 strategies to improve freight intermodal connectivity4 7c7 ,updates ,not later than #e years after the date of completion of the national freight strategic plan under subsection 7a71 and every #e years thereafter1 the ,secretary shall update the plan and publish the updated plan on the public ,internet ,web site of the ,department of ,transportation4 7d7 ,consultation ,the ,secretary shall develop and update the national freight strategic plan in consultation with ,state departments of transportation1 metropolitan planning organizations1 and other appropriate public and private transportation stakeholders4 #gjajc4 ,national ,multimodal ,freight ,network 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary of ,transportation shall establish the ,national ,multimodal ,freight ,network in accordance with this section-- 7#a7 to focus ,federal policy on the most strategic freight assets2 and 7#b7 to assist in strategically directing resources and policies toward improved performance of the ,national ,multimodal ,freight ,network4 7b7 ,network components ,the ,national ,multimodal ,freight ,network shall include-- 7#a7 the ,national ,highway ,freight ,network1 as established under section #afg of title #bc2 7#b7 the freight rail systems of ,class ,i railroads1 as designated by the ,surface ,transportation ,board2 7#c7 the public ports of the ,united ,states that have total annual foreign and domestic trade of at least #b1jjj1jjj short tons1 as identified by the ,waterborne ,commerce ,statistics ,center of the ,army ,corps of ,engineers1 using the data from the latest year for which such data is available2 7#d7 the inland and intracoastal waterways of the ,united ,states1 as described in section #bjf of the ,inland ,waterways ,revenue ,act of #aigh 7#cc ,u4,s4,c4 #ahjd72 7#e7 the ,great ,lakes1 the ,st4 ,lawrence ,seaway1 and coastal routes along which domestic freight is transported2 7#f7 the #ej airports located in the ,united ,states with the highest annual landed weight1 as identified by the ,federal ,aviation ,administration2 and 7#g7 other strategic freight assets1 including strategic intermodal facilities and freight rail lines of ,class ,,ii and ,class ,,iii railroads1 designated by the ,secretary as critical to interstate commerce4 7c7 ,other strategic freight assets ,in determining network components in subsection 7b71 the ,secretary may consider strategic freight assets identified by ,states1 including public ports if such ports do not meet the annual tonnage threshold1 for inclusion on the ,national ,multimodal ,freight ,network4 7d7 ,redesignation ,not later than #e years after the date of establishment of the ,national ,multimodal ,freight ,network under subsection 7a71 and every #e years thereafter1 the ,secretary shall update the ,national ,multimodal ,freight ,network4 7e7 ,consultation ,the ,secretary shall establish and update the ,national ,multimodal ,freight ,network in consultation with ,state departments of transportation and other appropriate public and private transportation stakeholders4 7f7 ,landed weight defined ,in this section1 the term landed weight means the weight of an aircraft transporting only cargo in intrastate1 interstate1 or foreign air transportation1 as such terms are defined in section #djajb7;a74 #gjb ,multimodal freight transportation planning and information ,sec4 #gjbja4 ,state freight advisory committees4 #gjbjb4 ,state freight plans4 #gjbjc4 ,data and tools4 #gjbja4 ,state freight advisory committees 7a7 ,in general ,the ,secretary of ,transportation shall encourage each ,state to establish a freight advisory committee consisting of a representative cross-section of public and private sector freight stakeholders1 including representatives of ports1 freight railroads1 shippers1 carriers1 freight-related associations1 third-party logistics providers1 the freight industry workforce1 the transportation department of the ,state1 and local governments4 7b7 ,role of committee ,a freight advisory committee of a ,state described in subsection 7a7 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 and 7#e7 participate in the development of the freight plan of the ,state described in section #gjbjb4 #gjbjb4 ,state freight plans 7a7 ,in general ,each ,state shall develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the ,state with respect to freight4 7b7 ,plan contents ,a freight plan described in subsection 7a7 shall include1 at a minimum-- 7#a7 an identification of significant freight system trends1 needs1 and issues with respect to the ,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 described in section #gjaja2 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 by heavy vehicles 7including mining1 agricultural1 energy cargo or equipment1 and timber vehicles7 is projected to substantially deteriorate the condition of roadways1 a description of improvements that may be required to reduce or impede the deterioration2 and 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 issues4 7c7 ,relationship to ,state plans 7#a7 ,in general ,a freight plan described in subsection 7a7 may be developed separately from or incorporated into the statewide transportation plans required by section #ace of title #bc4 7#b7 ,updates ,if the freight plan described in subsection 7a7 is developed separately from the ,state transportation improvement program1 the freight plan shall be updated at least every #e years4 #gjbjc4 ,data and tools 7a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall-- 7#a7 begin development of new tools or 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 tools for ensuring that the evaluation of freight-related and other transportation projects may consider safety1 economic competitiveness1 environmental sustainability1 and system condition in the project selection process2 and 7,c7 other elements to assist in effective transportation planning2 7#b7 identify transportation-related freight travel models and model data elements to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions2 and 7#c7 at a minimum1 in consultation with other relevant ,federal agencies1 consider any improvements to existing freight flow data collection efforts1 including improved methods to standardize and manage the data1 that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand4 7b7 ,consultation ,the ,secretary shall consult with ,federal1 ,state1 and other stakeholders to develop1 improve1 and implement the tools and collect the data described in subsection 7a74 4 7b7 ,clerical amendment ,the analysis of subtitles for title #di1 ,united ,states ,code1 is amended by striking the item relating to subtitle ,,ix and inserting the following3 ,,ix4,multimodal ,freight ,transportation#gjaja 4 7c7 ,repeals ,sections #aaag and #aaah of ,,map-#ba 7,public ,law #aab-ada71 and the items relating to such sections in the table of contents in section #a7;c7 of such ,act1 are repealed4 ,,ix ,national ,surface ,transportation and ,innovative ,finance ,bureau #ijja4 ,national ,surface ,transportation and ,innovative ,finance ,bureau 7a7 ,in general ,chapter #a of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #aaf4 ,national ,surface ,transportation and ,innovative ,finance ,bureau 7a7 ,establishment ,the ,secretary of ,transportation shall establish a ,national ,surface ,transportation and ,innovative ,finance ,bureau in the ,department4 7b7 ,purposes ,the purposes of the ,bureau shall be-- 7#a7 to administer the application processes for programs within the ,department in accordance with subsection 7d72 7#b7 to promote innovative financing best practices in accordance with subsection 7e72 7#c7 to reduce uncertainty and delays with respect to environmental reviews and permitting in accordance with subsection 7f72 7#d7 to reduce costs and risks to taxpayers in project delivery and procurement in accordance with subsection 7g72 and 7#e7 to carry out subtitle ,,ix of this title4 7c7 ,executive ,director 7#a7 ,appointment ,the ,bureau shall be headed by an ,executive ,director1 who shall be appointed in the competitive service by the ,secretary1 with the approval of the ,president4 7#b7 ,duties ,the ,executive ,director shall-- 7,a7 report to the ,under ,secretary of ,transportation for ,policy2 7,b7 be responsible for the management and oversight of the daily activities1 decisions1 operations1 and personnel of the ,bureau2 7,c7 support the ,council on ,credit and ,finance established under section #aag in accordance with this section2 and 7,d7 carry out such additional duties as the ,secretary may prescribe4 7d7 ,administration of certain application processes 7#a7 ,in general ,the ,bureau shall administer the application processes for the following programs3 7,a7 ,the infrastructure finance programs authorized under chapter #f of title #bc4 7,b7 ,the railroad rehabilitation and improvement financing program authorized under sections #eja through #ejc of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba-hbc74 7,c7 ,amount allocations authorized under section #adb7m7 of the ,internal ,revenue ,code of #aihf4 7,d7 ,the nationally significant freight and highway projects program under section #aag of title #bc4 7#b7 ,congressional notification ,the ,secretary shall ensure that the congressional notification requirements for each program referred to in paragraph 7#a7 are followed in accordance with the statutory provisions applicable to the program4 7#c7 ,reports ,the ,secretary shall ensure that the reporting requirements for each program referred to in paragraph 7#a7 are followed in accordance with the statutory provisions applicable to the program4 7#d7 ,coordination ,in administering the application processes for the programs referred to in paragraph 7#a71 the ,executive ,director of the ,bureau shall coordinate with appropriate officials in the ,department and its modal administrations responsible for administering such programs4 7#e7 ,streamlining approval processes ,not later than #a year after the date of enactment of this section1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,environment and ,public ,works of the ,senate a report that-- 7,a7 evaluates the application processes for the programs referred to in paragraph 7#a72 7,b7 identifies administrative and legislative actions that would improve the efficiency of the application processes without diminishing ,federal oversight2 and 7,c7 describes how the ,secretary will implement administrative actions identified under subparagraph 7,b7 that do not require an ,act of ,congress4 7#f7 ,procedures and transparency 7,a7 ,procedures ,the ,secretary shall1 with respect to the programs referred to in paragraph 7#a7-- 7i7 establish procedures for analyzing and evaluating applications and for utilizing the recommendations of the ,council on ,credit and ,finance2 7ii7 establish procedures for addressing late-arriving applications1 as applicable1 and communicating the ,bureau's decisions for accepting or rejecting late applications to the applicant and the public2 and 7iii7 document major decisions in the application evaluation process through a decision memorandum or similar mechanism that provides a clear rationale for such decisions4 7,b7 ,review 7i7 ,in general ,the ,comptroller ,general of the ,united ,states shall review the compliance of the ,secretary with the requirements of this paragraph4 7ii7 ,recommendations ,the ,comptroller ,general may make recommendations to the ,secretary in order to improve compliance with the requirements of this paragraph4 7iii7 ,report ,not later than #c years after the date of enactment of this section1 the ,comptroller ,general shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the results of the review conducted under clause 7i71 including findings and recommendations for improvement4 7e7 ,innovative financing best practices 7#a7 ,in general ,the ,bureau shall work with the modal administrations within the ,department1 the ,states1 and other public and private interests to develop and promote best practices for innovative financing and public-private partnerships4 7#b7 ,activities ,the ,bureau shall carry out paragraph 7#a7-- 7,a7 by making ,federal credit assistance programs more accessible to eligible recipients2 7,b7 by providing advice and expertise to ,state and local governments that seek to leverage public and private funding2 7,c7 by sharing innovative financing best practices and case studies from ,state and local governments with other ,state and local governments that are interested in utilizing innovative financing methods2 and 7,d7 by developing and monitoring-- 7i7 best practices with respect to standardized ,state public-private partnership authorities and practices1 including best practices related to-- 7,i7 accurate and reliable assumptions for analyzing public-private partnership procurements2 7,,ii7 procedures for the handling of unsolicited bids2 7,,iii7 policies with respect to noncompete clauses2 and 7,,iv7 other significant terms of public-private partnership procurements1 as determined appropriate by the ,bureau2 7ii7 standard contracts for the most common types of public-private partnerships for transportation facilities2 and 7iii7 analytical tools and other techniques to aid ,state and local governments in determining the appropriate project delivery model1 including a value for money analysis4 7#c7 ,transparency ,the ,bureau shall-- 7,a7 ensure transparency of a project receiving credit assistance under a program identified in subsection 7d77#a7 and procured as a public-private partnership by-- 7i7 requiring the project sponsor of such project to undergo a value for money analysis or a comparable analysis prior to deciding to advance the project as a public-private partnership2 7ii7 requiring the analysis required under subparagraph 7,a7 and other key terms of the relevant public-private partnership agreement1 to be made publicly available by the project sponsor at an appropriate time2 7iii7 not later than #c years after the completion of the project1 requiring the project sponsor of such project to conduct a review regarding whether the private partner is meeting the terms of the relevant public private partnership agreement for the project2 and 7iv7 providing a publicly available summary of the total level of ,federal assistance in such project2 and 7,b7 develop guidance to implement this paragraph that takes into consideration variations in ,state and local laws and requirements related to public-private partnerships4 7#d7 ,support to projects sponsors ,at the request of a ,state or local government1 the ,bureau shall provide technical assistance to the ,state or local government regarding proposed public-private partnership agreements for transportation facilities1 including assistance in performing a value for money analysis or comparable analysis4 7#e7 ,fixed guideway transit procedures report ,not later than #a year after the date of enactment of this section1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate a report that-- 7,a7 evaluates the differences between traditional design-bid-build1 design-build1 and public-private partnership procurements for projects carried out under the fixed guideway capital investment program authorized under section #ecji2 7,b7 identifies1 for project procured as public-private partnerships whether the review and approval process under the program requires modification to better suit the unique nature of such procurements2 and 7,c7 describes how the ,secretary will implement any administrative actions identified under subparagraph 7,b7 that do not require an ,act of ,congress4 7f7 ,environmental review and permitting 7#a7 ,in general ,the ,bureau shall take such actions as are appropriate and consistent with the goals and policies set forth in this title and title #bc1 including with the concurrence of other ,federal agencies as required under this title and title #bc1 to improve delivery timelines for projects4 7#b7 ,activities ,the ,bureau shall carry out paragraph 7#a7-- 7,a7 by serving as the ,department's liaison to the ,council on ,environmental ,quality2 7,b7 by coordinating ,department-wide efforts to improve the efficiency and effectiveness of the environmental review and permitting process2 7,c7 by coordinating ,department efforts under section #aci of title #bc2 7,d7 by supporting modernization efforts at ,federal agencies to achieve innovative approaches to the permitting and review of projects2 7,e7 by providing technical assistance and training to field and headquarters staff of ,federal agencies on policy changes and innovative approaches to the delivery of projects2 7,f7 by identifying1 developing1 and tracking metrics for permit reviews and decisions by ,federal agencies for projects under the ,national ,environmental ,policy ,act of #aifi2 and 7,g7 by administering and expanding the use of ,internet-based tools providing for-- 7i7 the development and posting of schedules for permit reviews and permit decisions for projects2 and 7ii7 the sharing of best practices related to efficient permitting and reviews for projects4 7#c7 ,support to project sponsors ,at the request of a ,state or local government1 the ,bureau1 in coordination with the other appropriate modal agencies within the ,department1 shall provide technical assistance with regard to the compliance of a project sponsored by the ,state or local government with the requirements of the ,national ,environmental ,policy ,act #aifi and relevant ,federal environmental permits4 7g7 ,project procurement 7#a7 ,in general ,the ,bureau shall promote best practices in procurement for a project receiving assistance under a program identified in subsection 7d77#a7 by developing1 in coordination with the ,federal ,highway ,administration and other modal agencies as appropriate1 procurement benchmarks in order to ensure accountable expenditure of ,federal assistance over the life cycle of such project4 7#b7 ,procurement benchmarks ,the procurement benchmarks developed under paragraph 7#a7 shall1 to the maximum extent practicable-- 7,a7 establish maximum thresholds for acceptable project cost increases and delays in project delivery2 7,b7 establish uniform methods for ,states to measure cost and delivery changes over the life cycle of a project2 and 7,c7 be tailored1 as necessary1 to various types of project procurements1 including design-bid-build1 design-build1 and public private partnerships4 7h7 ,elimination and consolidation of duplicative offices 7#a7 ,elimination of offices ,the ,secretary may eliminate any office within the ,department if the ,secretary determines that the purposes of the office are duplicative of the purposes of the ,bureau1 and the elimination of such office shall not adversely affect the obligations of the ,secretary under any ,federal law4 7#b7 ,consolidation of offices ,the ,secretary may consolidate any office within the ,department into the ,bureau that the ,secretary determines has duties1 responsibilities1 resources1 or expertise that support the purposes of the ,bureau4 7#c7 ,staffing and budgetary resources 7,a7 ,in general ,the ,secretary shall ensure that the ,bureau is adequately staffed and funded4 7,b7 ,staffing ,the ,secretary may transfer to the ,bureau a position within the ,department from any office that is eliminated or consolidated under this subsection if the ,secretary determines that the position is necessary to carry out the purposes of the ,bureau4 7,c7 ,budgetary resources 7i7 ,transfer of funds from eliminated or consolidated offices ,the ,secretary may transfer to the ,bureau funds allocated to any office that is eliminated or consolidated under this subsection to carry out the purposes of the ,bureau4 7ii7 ,transfer of funds allocated to administrative costs ,the ,secretary shall transfer to the ,bureau funds allocated to the administrative costs of processing applications for the programs referred to in subsection 7d77#a74 7#d7 ,report ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that-- 7,a7 lists the offices eliminated under paragraph 7#a7 and provides the rationale for elimination of the offices2 7,b7 lists the offices consolidated under paragraph 7#b7 and provides the rationale for consolidation of the offices2 and 7,c7 describes the actions taken under paragraph 7#c7 and provides the rationale for taking such actions4 7i7 ,savings provisions 7#a7 ,laws and regulations ,nothing in this section may be construed to change a law or regulation with respect to a program referred to in subsection 7d77#a74 7#b7 ,responsibilities ,nothing in this section may be construed to abrogate the responsibilities of an agency1 operating administration1 or office within the ,department otherwise charged by a law or regulation with other aspects of program administration1 oversight1 and project approval or implementation for the programs and projects subject to this section4 7j7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,bureau ,the term ,bureau means the ,national ,surface ,transportation and ,innovative ,finance ,bureau of the ,department4 7#b7 ,department ,the term ,department means the ,department of ,transportation4 7#c7 ,multimodal project ,the term multimodal project means a project involving the participation of more than one modal administration or secretarial office within the ,department4 7#d7 ,project ,the term project means a highway project1 public transportation capital project1 freight or passenger rail project1 or multimodal project4 4 7b7 ,clerical amendment ,the analysis for such chapter is amended by adding at the end the following3 #aaf4 ,national ,surface ,transportation and ,innovative ,finance ,bureau4 4 #ijjb4 ,council on ,credit and ,finance 7a7 ,in general ,chapter #a of title #di1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 #aag4 ,council on ,credit and ,finance 7a7 ,establishment ,the ,secretary of ,transportation shall establish a ,council on ,credit and ,finance in accordance with this section4 7b7 ,membership 7#a7 ,in general ,the ,council shall be composed of the following members3 7,a7 ,the ,under ,secretary of ,transportation for ,policy4 7,b7 ,the ,chief ,financial ,officer and ,assistant ,secretary for ,budget and ,programs4 7,c7 ,the ,general ,counsel of the ,department of ,transportation4 7,d7 ,the ,assistant ,secretary for ,transportation ,policy4 7,e7 ,the ,administrator of the ,federal ,highway ,administration4 7,f7 ,the ,administrator of the ,federal ,transit ,administration4 7,g7 ,the ,administrator of the ,federal ,railroad ,administration4 7#b7 ,additional members ,the ,secretary may designate up to #c additional officials of the ,department to serve as at-large members of the ,council4 7#c7 ,chairperson and vice chairperson 7,a7 ,chairperson ,the ,under ,secretary of ,transportation for ,policy shall serve as the chairperson of the ,council4 7,b7 ,vice chairperson ,the ,chief ,financial ,officer and ,assistant ,secretary for ,budget and ,programs shall serve as the vice chairperson of the ,council4 7#d7 ,executive ,director ,the ,executive ,director of the ,national ,surface ,transportation and ,innovative ,finance ,bureau shall serve as a nonvoting member of the ,council4 7c7 ,duties ,the ,council shall-- 7#a7 review applications for assistance submitted under the programs referred to in section #aaf7;d77#a72 7#b7 make recommendations to the ,secretary regarding the selection of projects to receive assistance under the programs referred to in section #aaf7;d77#a72 7#c7 review1 on a regular basis1 projects that received assistance under the programs referred to in section #aaf7;d77#a72 and 7#d7 carry out such additional duties as the ,secretary may prescribe4 4 7b7 ,clerical amendment ,the analysis for such chapter is further amended by adding at the end the following3 #aag4 ,council on ,credit and ,finance4 4 ,x ,sport ,fish ,restoration and ,recreational ,boating ,safety #ajjja4 ,allocations 7a7 ,authorization ,section #c of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;b7 is amended by striking #eg percent and inserting #eh4jab percent4 7b7 ,in general ,section #d of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;c7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking ,for each and all that follows through the balance and inserting ,for each fiscal year through fiscal year #bjba1 the balance2 and 7ii7 by striking multistate conservation grants under section #ad and inserting activities under section #ad7;e72 7,b7 in paragraph 7#a71 by striking #ah4e percent and inserting #ah4fgc percent2 7,c7 in paragraph 7#b7 by striking #ah4e percent and inserting #ag4cae percent2 7,d7 by striking paragraphs 7#c7 and 7#d72 7,e7 by redesignating paragraph 7#e7 as paragraph 7#d72 and 7,f7 by inserting after paragraph 7#b7 the following3 7#c7 ,boating infrastructure improvement 7,a7 ,in general ,an amount equal to #d percent to the ,secretary of the ,interior for qualified projects under section #efjd7;c7 of the ,clean ,vessel ,act of #aiib 7#cc ,u4,s4,c4 #acbb note7 and section #gdjd7;d7 of the ,sportfishing and ,boating ,safety ,act of #aiih 7#af ,u4,s4,c4 #ggg;g-#a7;d774 7,b7 ,limitation ,not more than #ge percent of the amount under subparagraph 7,a7 shall be available for projects under either of the sections referred to in subparagraph 7,a74 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a7 by striking for each and all that follows through the ,secretary and inserting for each fiscal year through fiscal year #bjba1 the ,secretary2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,set-aside for ,coast ,guard administration 7,a7 ,in general ,from the annual appropriation made in accordance with section #c1 for each of fiscal years #bjaf through #bjba1 the ,secretary of the department in which the ,coast ,guard is operating may use no more than the amount specified in subparagraph 7,b7 for the fiscal year for the purposes set forth in section #acajg7;c7 of title #df1 ,united ,states ,code4 ,the amount specified in subparagraph 7,b7 for a fiscal year may not be included in the amount of the annual appropriation distributed under subsection 7a7 for the fiscal year4 7,b7 ,available amounts ,the available amount referred to in subparagraph 7,a7 is-- 7i7 for fiscal year #bjaf1 #g1cjj1jjj2 7ii7 for fiscal year #bjag1 #g1djj1jjj2 7iii7 for fiscal year #bjah1 #g1ejj1jjj2 7iv7 for fiscal year #bjai1 #g1fjj1jjj2 7v7 for fiscal year #bjbj1 #g1gjj1jjj2 and 7vi7 for fiscal year #bjba1 #g1hjj1jjj4 2 and 7,d7 in paragraph 7#c71 as so redesignated-- 7i7 in subparagraph 7,a71 by striking until the end of the fiscal year4 and inserting until the end of the subsequent fiscal year42 and 7ii7 in subparagraph 7,b7 by striking under subsection 7e7 and inserting under subsection 7c72 7#c7 in subsection 7c7-- 7,a7 by striking 7c7 ,the ,secretary and inserting 7c77#a7 ,the ,secretary12 7,b7 by striking grants under section #ad of this title and inserting activities under section #ad7;e72 7,c7 by striking #eg percent and inserting #eh4jab percent2 and 7,d7 by adding at the end the following3 7#b7 ,the ,secretary shall deduct from the amount to be apportioned under paragraph 7#a7 the amounts used for grants under section #ad7;a74 2 and 7#d7 in subsection 7e77#a71 by striking those subsections1 and inserting those paragraphs14 7c7 ,submission and approval of plans and projects ,section #f7;d7 of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;e7d77 is amended by striking for appropriations and inserting from appropriations4 7d7 ,unexpended or unobligated funds ,section #h7;b77#b7 of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;g7b77#b77 is amended by striking #eg percent and inserting #eh4jab percent4 7e7 ,cooperation ,section #ab of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #gggk7 is amended-- 7#a7 by striking #eg percent and inserting #eh4jab percent2 and 7#b7 by striking under section #d7;b7 and inserting under section #d7;c74 7f7 ,other activities ,section #ad of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #gggm7 is amended-- 7#a7 in subsection 7a77#a71 by striking of each annual appropriation made in accordance with the provisions of section #c2 and 7#b7 in subsection 7e7-- 7,a7 in the matter preceding paragraph 7#a7 by striking ,of amounts made available under section #d7;b7 for each fiscal year-- and inserting ,not more than #a1bjj1jjj of each annual appropriation made in accordance with the provisions of section #c shall be distributed to the ,secretary of the ,interior for use as follows32 and 7,b7 in paragraph 7#a77;,d7 by striking 2 and and inserting a period4 7g7 ,repeal ,the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg et seq47 is amended-- 7#a7 by striking section #ae2 and 7#b7 by redesignating section #af as section #ae4 #ajjjb4 ,recreational boating safety ,section #acajg of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7#a7 ,subject to paragraph 7#b7 and subsection 7c71 and inserting ,subject to subsection 7c712 7,b7 by striking the sum of 7,a7 the amount made available from the ,boat ,safety ,account for that fiscal year under section #ae of the ,dingell-,johnson ,sport ,fish ,restoration ,act and 7,b72 and 7,c7 by striking paragraph 7#b72 and 7#b7 in subsection 7c7-- 7,a7 by striking the subsection designation and paragraph 7#a7 and inserting the following3 7c7 7#a7 7,a7 ,the ,secretary may use amounts made available each fiscal year under section #d7;b77#b7 of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;c7b77#b77 for payment of expenses of the ,coast ,guard for investigations1 personnel1 and activities directly related to-- 7i7 administering ,state recreational boating safety programs under this chapter2 or 7ii7 coordinating or carrying out the national recreational boating safety program under this title4 7,b7 ,of the amounts used by the ,secretary each fiscal year under subparagraph 7,a7-- 7i7 not less than #b1jjj1jjj is available to ensure compliance with chapter #dc of this title2 and 7ii7 not more than #a1ejj1jjj is available to conduct a survey of levels of recreational boating participation and related matters in the ,united ,states4 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking ,no funds and inserting ,on and after ,october #a1 #bjaf1 no funds2 and 7ii7 by striking traditionally4 ,b ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae ,,xxiv ,highway and motor vehicle safety ,a ,vehicle safety #bdaja4 ,authorization of appropriations 7a7 ,in general ,subject to subsection 7b71 there is authorized to be appropriated to the ,secretary to carry out chapter #cja of title #di1 and part ,c of subtitle ,,vi of title #di1 ,united ,states ,code1 amounts as follows3 7#a7 #acb1gcj1jjj for fiscal year #bjaf4 7#b7 #ace1eag1ccj for fiscal year #bjag4 7#c7 #ach1cfc1aid for fiscal year #bjah4 7#d7 #ada1bfh1hba for fiscal year #bjai4 7#e7 #add1bce1dff for fiscal year #bjbj4 7#f7 #adg1bfd1daa for fiscal year #bjba4 7b7 ,additional authorization of appropriations if a certification is made 7#a7 ,in general ,in addition to the amounts authorized to be appropriated under subsection 7a7 to carry out chapter #cja of title #di1 and part ,c of subtitle ,,vi of title #di1 ,united ,states ,code1 if the certification described in paragraph 7#b7 is made during a fiscal year there is authorized to be appropriated to the ,secretary for that purpose for that fiscal year and subsequent fiscal years an additional amount as follows3 7,a7 #ca1bgj1jjj for fiscal year #bjaf4 7,b7 #cf1ecg1fgj for fiscal year #bjag4 7,c7 #db1bif1ccf for fiscal year #bjah4 7,d7 #dg1iii1gbh for fiscal year #bjai4 7,e7 #ed1hcg1igd for fiscal year #bjbj4 7,f7 #fa1fef1djg for fiscal year #bjba4 7#b7 ,certification described ,the certification described in this paragraph is a certification made by the ,secretary and submitted to ,congress that the ,national ,highway ,traffic ,safety ,administration has implemented all of the recommendations in the ,office of ,inspector ,general ,audit ,report issued ,june #ah1 #bjae 7,,st-#bjae-jfc74 ,as part of the certification1 the ,secretary shall review the actions the ,national ,highway ,traffic ,safety ,administration has taken to implement the recommendations and issue a report to ,congress detailing how the recommendations were implemented4 ,the ,secretary shall not delegate or assign the responsibility under this paragraph4 #bdajb4 ,inspector ,general recommendations 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 and periodically thereafter until the completion date1 the ,department of ,transportation ,inspector ,general shall report to the appropriate committees of ,congress on whether and what progress has been made to implement the recommendations in the ,office of ,inspector ,general ,audit ,report issued ,june #ah1 #bjae 7,,st-#bjae-jfc74 7b7 ,implementation progress ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall-- 7#a7 not later than #ij days after the date of enactment of this ,act1 and periodically thereafter until the completion date1 provide a briefing to the appropriate committees of ,congress on the actions the ,administrator has taken to implement the recommendations in the audit report described in subsection 7a71 including a plan for implementing any remaining recommendations2 and 7#b7 not later than #a year after the date of enactment of this ,act1 issue a final report to the appropriate committees of ,congress on the implementation of all of the recommendations in the audit report described in subsection 7a74 7c7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#b7 ,completion date ,the term completion date means the date that the ,national ,highway ,traffic ,safety ,administration has implemented all of the recommendations in the ,office of ,inspector ,general ,audit ,report issued ,june #ah1 #bjae 7,,st-#bjae-jfc74 #bdajc4 ,improvements in availability of recall information 7a7 ,vehicle recall information ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall implement current information technology1 web design trends1 and best practices that will help ensure that motor vehicle safety recall information available to the public on the ,federal website is readily accessible and easy to use1 including-- 7#a7 by improving the organization1 availability1 readability1 and functionality of the website2 7#b7 by accommodating high-traffic volume2 and 7#c7 by establishing best practices for scheduling routine website maintenance4 7b7 ,government ,accountability ,office public awareness report 7#a7 ,in general ,the ,comptroller ,general shall study the current use by consumers1 dealers1 and manufacturers of the safety recall information made available to the public1 including the usability and content of the ,federal and manufacturers' websites and the ,national ,highway ,traffic ,safety ,administration's efforts to publicize and educate consumers about safety recall information4 7#b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general shall issue a report with the findings of the study under paragraph 7#a71 including recommending any actions the ,secretary can take to improve public awareness and use of the websites for safety recall information4 7c7 ,promotion of public awareness ,section #cacja7;c7 of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #cjaff note7 is amended to read as follows3 7c7 ,promotion of public awareness ,the ,secretary shall improve public awareness of safety recall information made publicly available by periodically updating the method of conveying that information to consumers1 dealers1 and manufacturers1 such as through public service announcements4 4 7d7 ,consumer guidance ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall make available to the public on the ,internet detailed guidance for consumers submitting safety complaints1 including-- 7#a7 a detailed explanation of what information a consumer should include in a complaint2 and 7#b7 a detailed explanation of the possible actions the ,national ,highway ,traffic ,safety ,administration can take to address a complaint and respond to the consumer1 including information on-- 7,a7 the consumer records1 such as photographs and police reports1 that could assist with an investigation2 and 7,b7 the length of time a consumer should retain the records described in subparagraph 7,a74 7e7 ,,vin search 7#a7 ,in general ,the ,secretary1 in coordination with industry1 including manufacturers and dealers1 shall study-- 7,a7 the feasibility of searching multiple vehicle identification numbers at a time to retrieve motor vehicle safety recall information2 and 7,b7 the feasibility of making the search mechanism described under subparagraph 7,a7 publicly available4 7#b7 ,considerations ,in conducting the study under paragraph 7#a71 the ,secretary shall consider the potential costs1 and potential risks to privacy and security in implementing such a search mechanism4 #bdajd4 ,recall process 7a7 ,notification improvement 7#a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 the ,secretary shall prescribe a final rule revising the regulations under section #egg4g of title #di1 ,code of ,federal ,regulations1 to include notification by electronic means in addition to notification by first class mail4 7#b7 ,definition of electronic means ,in this subsection1 the term electronic means includes electronic mail and may include such other means of electronic notification1 such as social media or targeted online campaigns1 as determined by the ,secretary4 7b7 ,notification by manufacturer ,section #cjaah7;c7 is amended by inserting or electronic mail after certified mail4 7c7 ,recall completion rates report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and biennially thereafter for #d years1 the ,secretary shall-- 7,a7 conduct an analysis of vehicle safety recall completion rates to assess potential actions by the ,national ,highway ,traffic ,safety ,administration to improve vehicle safety recall completion rates2 and 7,b7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the results of the analysis4 7#b7 ,contents ,each report shall include-- 7,a7 the annual recall completion rate by manufacturer1 model year1 component 7such as brakes1 fuel systems1 and air bags71 and vehicle type 7passenger car1 sport utility vehicle1 passenger van1 and pick-up truck7 for each of the #e years before the year the report is submitted2 7,b7 the methods by which the ,secretary has conducted analyses of these recall completion rates to determine trends and identify risk factors associated with lower recall rates2 and 7,c7 the actions the ,secretary has planned to improve recall completion rates based on the results of this data analysis4 7d7 ,inspector ,general audit of vehicle recalls 7#a7 ,in general ,the ,department of ,transportation ,inspector ,general shall conduct an audit of the ,national ,highway ,traffic ,safety ,administration's management of vehicle safety recalls4 7#b7 ,contents ,the audit shall include a determination of whether the ,national ,highway ,traffic ,safety ,administration-- 7,a7 appropriately monitors recalls to ensure the appropriateness of scope and adequacy of recall completion rates and remedies2 7,b7 ensures manufacturers provide safe remedies1 at no cost to consumers2 7,c7 is capable of coordinating recall remedies and processes2 and 7,d7 can improve its policy on consumer notice to combat effects of recall fatigue4 #bdaje4 ,pilot grant program for ,state notification to consumers of motor vehicle recall status 7a7 ,in general ,not later than ,october #a1 #bjaf1 the ,secretary shall implement a #b-year pilot program to evaluate the feasibility and effectiveness of a ,state process for informing consumers of open motor vehicle recalls at the time of motor vehicle registration in the ,state4 7b7 ,grants ,to carry out this program1 the ,secretary may make a grant to each eligible ,state1 but not more than #f eligible ,states in total1 that agrees to comply with the requirements under subsection 7c74 ,funds made available to a ,state under this section shall be used by the ,state for the pilot program described in subsection 7a74 7c7 ,eligibility ,to be eligible for a grant1 a ,state shall-- 7#a7 submit an application in such form and manner as the ,secretary prescribes2 7#b7 agree to notify1 at the time of registration1 each owner or lessee of a motor vehicle presented for registration in the ,state of any open recall on that vehicle2 7#c7 provide the open motor vehicle recall information at no cost to each owner or lessee of a motor vehicle presented for registration in the ,state2 and 7#d7 provide such other information as the ,secretary may require4 7d7 ,awards ,in selecting an applicant for an award under this section1 the ,secretary shall consider the ,state's methodology for determining open recalls on a motor vehicle1 for informing consumers of the open recalls1 and for determining performance4 7e7 ,performance period ,each grant awarded under this section shall require a #b-year performance period4 7f7 ,report ,not later than #ij days after the completion of the performance period under subsection 7e71 a grantee shall provide to the ,secretary a report of performance containing such information as the ,secretary considers necessary to evaluate the extent to which open recalls have been remedied4 7g7 ,evaluation ,not later than #ahj days after the completion of the pilot program1 the ,secretary shall evaluate the extent to which open recalls identified have been remedied4 7h7 ,definitions ,in this section3 7#a7 ,consumer ,the term consumer includes owner and lessee4 7#b7 ,motor vehicle ,the term motor vehicle has the meaning given the term under section #cjajb7;a7 of title #di1 ,united ,states ,code4 7#c7 ,open recall ,the term open recall means a recall for which a notification by a manufacturer has been provided under section #cjaai of title #di1 ,united ,states ,code1 and that has not been remedied under section #cjabj of that title4 7#d7 ,registration ,the term registration means the process for registering motor vehicles in the ,state4 7#e7 ,state ,the term ,state has the meaning given the term under section #aja7;a7 of title #bc1 ,united ,states ,code4 #bdajf4 ,recall obligations under bankruptcy ,section #cjabj;,a is amended by striking chapter #aa of title #aa1 and inserting chapter #g or chapter #aa of title #aa4 #bdajg4 ,dealer requirement to check for open recall ,section #cjabj7;f7 is amended-- 7#a7 by inserting 7#a7 ,in general4-- before ,a manufacturer and indenting appropriately2 7#b7 in paragraph 7#a71 as redesignated1 by striking the period at the end and inserting the following3 if-- 7,a7 at the time of providing service for each of the manufacturer's motor vehicles it services1 the dealer notifies the owner or the individual requesting the service of any open recall2 and 7,b7 the notification requirement under subparagraph 7,a7 is specified in a franchise1 operating1 or other agreement between the dealer and the manufacturer4 2 and 7#c7 by adding at the end the following3 7#b7 ,definition of open recall ,in this subsection1 the term open recall means a recall for which a notification by a manufacturer has been provided under section #cjaai and that has not been remedied under this section4 4 #bdajh4 ,extension of time period for remedy of tire defects ,section #cjabj7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking #fj days and inserting #ahj days2 and 7#b7 in paragraph 7#b71 by striking #fj-;day each place it appears and inserting #ahj-;day4 #bdaji4 ,rental car safety 7a7 ,short title ,this section may be cited as the ,raechel and ,jacqueline ,houck ,safe ,rental ,car ,act of #bjae4 7b7 ,definitions ,section #cjajb7;a7 is amended-- 7#a7 by redesignating paragraphs 7#aj7 and 7#aa7 as paragraphs 7#ab7 and 7#ac71 respectively2 7#b7 by redesignating paragraphs 7#a7 through 7#i7 as paragraphs 7#b7 through 7#aj71 respectively2 7#c7 by inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 covered rental vehicle means a motor vehicle that-- 7,a7 has a gross vehicle weight rating of #aj1jjj pounds or less2 7,b7 is rented without a driver for an initial term of less than #d months2 and 7,c7 is part of a motor vehicle fleet of #e or more motor vehicles that are used for rental purposes by a rental company4 2 and 7#d7 by inserting after paragraph 7#aj71 as redesignated1 the following3 7#aa7 rental company means a person who-- 7,a7 is primarily engaged in the business of renting covered rental vehicles2 and 7,b7 uses for rental purposes a motor vehicle fleet of #e or more covered rental vehicles4 4 7c7 ,remedies for defects and noncompliance ,section #cjabj7;i7 is amended-- 7#a7 in the subsection heading1 by adding 1 or rental at the end2 7#b7 in paragraph 7#a7-- 7,a7 by striking 7#a7 ,if notification and inserting the following3 7#a7 ,in general ,if notification 2 7,b7 by indenting subparagraphs 7,a7 and 7,b7 four ems from the left margin2 7,c7 by inserting or the manufacturer has provided to a rental company notification about a covered rental vehicle in the company's possession at the time of notification after time of notification2 7,d7 by striking the dealer may sell or lease1 and inserting the dealer or rental company may sell1 lease1 or rent2 and 7,e7 in subparagraph 7,a71 by striking sale or lease and inserting sale1 lease1 or rental agreement2 7#c7 by amending paragraph 7#b7 to read as follows3 7#b7 ,rule of construction ,nothing in this subsection may be construed to prohibit a dealer or rental company from offering the vehicle or equipment for sale1 lease1 or rent4 2 and 7#d7 by adding at the end the following3 7#c7 ,specific rules for rental companies 7,a7 ,in general ,except as otherwise provided under this paragraph1 a rental company shall comply with the limitations on sale1 lease1 or rental set forth in subparagraph 7,c7 and paragraph 7#a7 as soon as practicable1 but not later than #bd hours after the earliest receipt of the notice to owner under subsection 7b7 or 7c7 of section #cjaah 7including the vehicle identification number for the covered vehicle7 by the rental company1 whether by electronic means or first class mail4 7,b7 ,special rule for large vehicle fleets ,notwithstanding subparagraph 7,a71 if a rental company receives a notice to owner covering more than #e1jjj motor vehicles in its fleet1 the rental company shall comply with the limitations on sale1 lease1 or rental set forth in subparagraph 7,c7 and paragraph 7#a7 as soon as practicable1 but not later than #dh hours after the earliest receipt of the notice to owner under subsection 7b7 or 7c7 of section #cjaah 7including the vehicle identification number for the covered vehicle7 by the rental company1 whether by electronic means or first class mail4 7,c7 ,special rule for when remedies not immediately available ,if a notification required under subsection 7b7 or 7c7 of section #cjaah indicates that the remedy for the defect or noncompliance is not immediately available and specifies actions to temporarily alter the vehicle that eliminate the safety risk posed by the defect or noncompliance1 the rental company1 after causing the specified actions to be performed1 may rent 7but may not sell or lease7 the motor vehicle4 ,once the remedy for the rental vehicle becomes available to the rental company1 the rental company may not rent the vehicle until the vehicle has been remedied1 as provided in subsection 7a74 7,d7 ,inapplicability to junk automobiles ,notwithstanding paragraph 7#a71 this subsection does not prohibit a rental company from selling a covered rental vehicle if such vehicle-- 7i7 meets the definition of a junk automobile under section #bja of the ,anti-,car ,theft ,act of #aiib 7#di ,u4,s4,c4 #cjeja72 7ii7 is retitled as a junk automobile pursuant to applicable ,state law2 and 7iii7 is reported to the ,national ,motor ,vehicle ,information ,system1 if required under section #bjd of such ,act 7#di ,u4,s4,c4 #cjejd74 4 7d7 ,making safety devices and elements inoperative ,section #cjabb7;b7 is amended by inserting rental company1 after dealer1 each place such term appears4 7e7 ,inspections1 investigations1 and records ,section #cjaff is amended-- 7#a7 in subsection 7c77#b71 by striking or dealer each place such term appears and inserting dealer1 or rental company2 7#b7 in subsection 7e71 by striking or dealer each place such term appears and inserting dealer1 or rental company2 and 7#c7 in subsection 7f71 by striking or to owners and inserting 1 rental companies1 or other owners4 7f7 ,research authority ,the ,secretary of ,transportation may conduct a study of-- 7#a7 the effectiveness of the amendments made by this section2 and 7#b7 other activities of rental companies 7as defined in section #cjajb7;a77#aa7 of title #di1 ,united ,states ,code7 related to their use and disposition of motor vehicles that are the subject of a notification required under section #cjaah of title #di1 ,united ,states ,code4 7g7 ,study 7#a7 ,additional requirement ,section #cbbjf7;b77#b7 of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada2 #abf ,stat4 #ghe7 is amended-- 7,a7 in subparagraph 7,e71 by striking and at the end2 7,b7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 and 7,c7 by inserting after subparagraph 7,e7 the following3 7,f7 evaluate the completion of safety recall remedies on rental trucks2 and 4 7#b7 ,report ,section #cbbjf7;c7 of such ,act is amended-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively2 7,b7 by striking ,report4--,not later and inserting the following3 7c7 ,reports 7#a7 ,initial report ,not later 2 7,c7 in paragraph 7#a71 by striking subsection 7b7 and inserting subparagraphs 7,a7 through 7,e7 and 7,g7 of subsection 7b77#b72 and 7,d7 by adding at the end the following3 7#b7 ,safety recall remedy report ,not later than #a year after the date of the enactment of the ,raechel and ,jacqueline ,houck ,safe ,rental ,car ,act of #bjae1 the ,secretary shall submit a report to the congressional committees set forth in paragraph 7#a7 that contains-- 7,a7 the findings of the study conducted pursuant to subsection 7b77#b77;,f72 and 7,b7 any recommendations for legislation that the ,secretary determines to be appropriate4 4 7h7 ,public comments ,the ,secretary shall solicit comments regarding the implementation of this section from members of the public1 including rental companies1 consumer organizations1 automobile manufacturers1 and automobile dealers4 7i7 ,rule of construction ,nothing in this section or the amendments made by this section-- 7#a7 may be construed to create or increase any liability1 including for loss of use1 for a manufacturer as a result of having manufactured or imported a motor vehicle subject to a notification of defect or noncompliance under subsection 7b7 or 7c7 of section #cjaah of title #di1 ,united ,states ,code2 or 7#b7 shall supersede or otherwise affect the contractual obligations1 if any1 between such a manufacturer and a rental company 7as defined in section #cjajb7;a7 of title #di1 ,united ,states ,code74 7j7 ,rulemaking ,the ,secretary may promulgate rules1 as appropriate1 to implement this section and the amendments made by this section4 7k7 ,effective date ,the amendments made by this section shall take effect on the date that is #ahj days after the date of enactment of this ,act4 #bdaaj4 ,increase in civil penalties for violations of motor vehicle safety 7a7 ,increase in civil penalties ,section #cjafe7;a7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking #e1jjj and inserting #ba1jjj2 and 7,b7 by striking #ce1jjj1jjj and inserting #aje1jjj1jjj2 and 7#b7 in paragraph 7#c7-- 7,a7 by striking #e1jjj and inserting #ba1jjj2 and 7,b7 by striking #ce1jjj1jjj and inserting #aje1jjj1jjj4 7b7 ,effective date ,the amendments made by subsection 7a7 of this section take effect on the date that the ,secretary certifies to ,congress that the ,national ,highway ,traffic ,safety ,administration has issued the final rule required by section #cabjc7;b7 of the ,moving ,ahead for ,progress ,in the #bast ,century ,act 7,public ,law #aab-ada2 #abf ,stat4 #geh2 #di ,u4,s4,c4 #cjafe note74 7c7 ,publication of effective date ,the ,secretary shall publish notice of the effective date under subsection 7b7 of this section in the ,federal ,register4 #bdaaa4 ,electronic odometer disclosures ,section #cbgje7;g7 is amended-- 7#a7 by inserting 7#a7 before ,not later than and indenting appropriately2 and 7#b7 by adding at the end the following3 7#b7 ,notwithstanding paragraph 7#a7 and subject to paragraph 7#c71 a ,state1 without approval from the ,secretary under subsection 7d71 may allow for written disclosures or notices and related matters to be provided electronically if-- 7,a7 in compliance with-- 7i7 the requirements of subchapter #a of chapter #if of title #ae2 or 7ii7 the requirements of a ,state law under section #gjjb7;a7 of title #ae2 and 7,b7 the disclosures or notices otherwise meet the requirements under this section1 including appropriate authentication and security measures4 7#c7 ,paragraph 7#b7 ceases to be effective on the date the regulations under paragraph 7#a7 become effective4 4 #bdaab4 ,corporate responsibility for ,,nhtsa reports ,section #cjaff7o7 is amended-- 7#a7 in paragraph 7#a71 by striking may and inserting shall2 and 7#b7 by adding at the end the following3 7#c7 ,deadline ,not later than #a year after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary shall issue a final rule under paragraph 7#a74 4 #bdaac4 ,direct vehicle notification of recalls 7a7 ,recall notification report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a report on the feasibility of a technical system that would operate in each new motor vehicle to indicate when the vehicle is subject to an open recall4 7b7 ,definition of open recall ,in this section the term open recall means a recall for which a notification by a manufacturer has been provided under section #cjaai of title #di1 ,united ,states ,code1 and that has not been remedied under section #cjabj of that title4 #bdaad4 ,unattended children warning ,section #caejd7;a7 of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #cjaaa note7 is amended by striking may and inserting shall4 #bdaae4 ,tire pressure monitoring system 7a7 ,proposed rule ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall publish a proposed rule that updates the standards pertaining to tire pressure monitoring systems to ensure that a tire pressure monitoring system that is installed in a new motor vehicle after the effective date of the revised standards cannot1 to a level other than a safe pressure level1 be-- 7#a7 overridden2 7#b7 reset2 or 7#c7 recalibrated4 7b7 ,safe pressure level ,for the purposes of subsection 7a71 the term safe pressure level shall mean a pressure level consistent with the ,,tpms detection requirements contained in ,s#d4b7;a7 of section #ega4ach of title #di1 ,code of ,federal ,regulations1 or any corresponding similar regulation or ruling4 7c7 ,final rule ,not later than #b years after the date of enactment of this ,act1 after providing the public with sufficient opportunity for notice and comment on the proposed rule published under subsection 7a71 the ,secretary shall issue a final rule on the subject described in subsection 7a74 #bdaaf4 ,availability of certain information on motor vehicle equipment ,section #cjaah of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,information on defective or noncompliant parts 7#a7 ,provision of information by suppliers ,a supplier of parts that are determined to be defective or noncompliant by the ,secretary under subsection 7a7 or 7b7 shall identify all parts that are subject to the recall and provide to the ,secretary and each affected manufacturer1 not later than #c business days after receiving notification of the determination1 for each affected part-- 7,a7 all part names2 7,b7 all part numbers2 and 7,c7 a description of the part4 7#b7 ,provision of information by manufacturers ,upon receipt of notification of a determination by the ,secretary under subsection 7a7 or 7b7 or notification from a supplier of parts under paragraph 7#a71 a manufacturer of motor vehicles shall-- 7,a7 identify the vehicle identification number for each affected vehicle2 and 7,b7 not later than #e business days after receiving such notification1 provide to the ,secretary1 in a searchable format determined by the ,secretary-- 7i7 the vehicle identification numbers identified under subparagraph 7,a72 and 7ii7 the specific part names1 numbers1 and descriptions used by the manufacturer for all affected parts the sale or lease of which is prohibited by section #cjabj7;j74 7#c7 ,availability of information on the ,internet ,in the case of information provided by a manufacturer under paragraph 7#b77;,b71 the ,secretary shall make such information available1 or require the manufacturer to make such information available1 on an ,internet website that may be accessed by any person who sells or leases motor vehicle equipment for purposes of assisting such person in complying with section #cjabj7;j74 ,such information shall be made available in real-time or near-real-time as provided under paragraph 7#b77;,b7 and at no cost to the person obtaining access4 7g7 ,information on original equipment ,not later than ,july #ca1 #bjaf1 a manufacturer of motor vehicles shall make available on an ,internet website information about the original equipment contained in such vehicles1 which shall include-- 7#a7 all parts or component numbers for such equipment2 and 7#b7 specific part names and descriptions associated with each manufacturer vehicle identification number4 4 ,b ,research and development and vehicle electronics #bdbja4 ,report on operations of the ,council for ,vehicle ,electronics1 ,vehicle ,software1 and ,emerging ,technologies ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report regarding the operations of the ,council for ,vehicle ,electronics1 ,vehicle ,software1 and ,emerging ,technologies established under section #cadja of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #aje note74 ,the report shall include information about the accomplishments of the ,council1 the role of the ,council in integrating and aggregating electronic and emerging technologies expertise across the ,national ,highway ,traffic ,safety ,administration1 the role of the ,council in coordinating with other ,federal agencies1 and the priorities of the ,council over the next #e years4 #bdbjb4 ,cooperation with foreign governments 7a7 ,title #di amendment ,section #cjahb7;b7 is amended-- 7#a7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#e7 the following3 7#f7 in coordination with ,department of ,state1 enter into cooperative agreements 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 7c7 ,audit ,the ,department of ,transportation ,inspector ,general shall conduct an audit of the ,secretary of ,transportation's management and oversight of cooperative agreements and collaborative research and development agreements1 including any cooperative agreements between the ,secretary of ,transportation and foreign governments under section #cjahb7;b77#f7 of title #di1 ,united ,states ,code1 and subsections 7b77#b77;,c7 and 7c77#a77;,a7 of title #bc1 ,united ,states ,code4 ,c ,miscellaneous provisions ,i ,driver ,privacy ,act of #bjae #bdcja4 ,short title ,this part may be cited as the ,driver ,privacy ,act of #bjae4 #bdcjb4 ,limitations on data retrieval from vehicle event data recorders 7a7 ,ownership of data ,any data retained by an event data recorder 7as defined in section #efc4e of title #di1 ,code of ,federal ,regulations71 regardless of when the motor vehicle in which it is installed was manufactured1 is the property of the owner1 or1 in the case of a leased vehicle1 the lessee of the motor vehicle in which the event data recorder is installed4 7b7 ,privacy ,data recorded or transmitted by an event data recorder described in subsection 7a7 may not be accessed by a person other than an owner or a lessee of the motor vehicle in which the event data recorder is installed unless-- 7#a7 a court or other judicial or administrative authority having jurisdiction-- 7,a7 authorizes the retrieval of the data2 and 7,b7 to the extent that there is retrieved data1 the data is subject to the standards for admission into evidence required by that court or other administrative authority2 7#b7 an owner or a lessee of the motor vehicle provides written1 electronic1 or recorded audio consent to the retrieval of the data for any purpose1 including the purpose of diagnosing1 servicing1 or repairing the motor vehicle1 or by agreeing to a subscription that describes how data will be retrieved and used2 7#c7 the data is retrieved pursuant to an investigation or inspection authorized under section #aaca7;a7 or #cjaff of title #di1 ,united ,states ,code1 and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data1 except that the vehicle identification number may be disclosed to the certifying manufacturer2 7#d7 the data is retrieved for the purpose of determining the need for1 or facilitating1 emergency medical response in response to a motor vehicle crash2 or 7#e7 the data is retrieved for traffic safety research1 and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data4 #bdcjc4 ,vehicle event data recorder study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall submit to ,congress a report that contains the results of a study conducted by the ,administrator to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of motor vehicle crashes4 7b7 ,rulemaking ,not later than #b years after submitting the report required under subsection 7a71 the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall promulgate regulations to establish the appropriate period during which event data recorders installed in passenger motor vehicles may capture and record for retrieval vehicle-related data to the time necessary to provide accident investigators with vehicle-related information pertinent to crashes involving such motor vehicles4 ,,ii ,safety ,through ,informed ,consumers ,act of #bjae #bdcba4 ,short title ,this part may be cited as the ,safety ,through ,informed ,consumers ,act of #bjae4 #bdcbb4 ,passenger motor vehicle information ,section #cbcjb is amended by inserting after subsection 7b7 the following3 7c7 ,crash avoidance ,not later than #a year after the date of enactment of the ,safety ,through ,informed ,consumers ,act of #bjae1 the ,secretary shall promulgate a rule to ensure that crash avoidance information is indicated next to crashworthiness information on stickers placed on motor vehicles by their manufacturers4 4 ,,iii ,tire ,efficiency1 ,safety1 and ,registration ,act of #bjae #bdcca4 ,short title ,this part may be cited as the ,tire ,efficiency1 ,safety1 and ,registration ,act of #bjae or the ,,tesr ,act4 #bdccb4 ,tire fuel efficiency minimum performance standards ,section #cbcjd;,a is amended-- 7#a7 in the section heading1 by inserting and standards after ,consumer tire information2 7#b7 in subsection 7a7-- 7,a7 in the heading1 by striking ,rulemaking and inserting ,consumer tire information2 and 7,b7 in paragraph 7#a71 by inserting 7referred to in this section as the ,secretary7 after ,secretary of ,transportation2 7#c7 by redesignating subsections 7b7 through 7e7 as subsections 7e7 though 7h71 respectively2 and 7#d7 by inserting after subsection 7a7 the following3 7b7 ,promulgation of regulations for tire fuel efficiency minimum performance standards 7#a7 ,in general ,the ,secretary1 after consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 shall promulgate regulations for tire fuel efficiency minimum performance standards for-- 7,a7 passenger car tires with a maximum speed capability equal to or less than #adi miles per hour or #bdj kilometers per hour2 and 7,b7 passenger car tires with a maximum speed capability greater than #adi miles per hour or #bdj kilometers per hour4 7#b7 ,tire fuel efficiency minimum performance standards 7,a7 ,standard basis and test procedures ,the minimum performance standards promulgated under paragraph 7#a7 shall be expressed in terms of the rolling resistance coefficient measured using the test procedure specified in section #ege4ajf of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7,b7 ,no disparate effect on high performance tires ,the ,secretary shall ensure that the minimum performance standards promulgated under paragraph 7#a7 will not have a disproportionate effect on passenger car high performance tires with a maximum speed capability greater than #adi miles per hour or #bdj kilometers per hour4 7,c7 ,applicability 7i7 ,in general ,this subsection applies to new pneumatic tires for use on passenger cars4 7ii7 ,exceptions ,this subsection does not apply to light truck tires1 deep tread tires1 winter-type snow tires1 space-saver or temporary use spare tires1 or tires with nominal rim diameters of #ab inches or less4 7c7 ,promulgation of regulations for tire wet traction minimum performance standards 7#a7 ,in general ,the ,secretary shall promulgate regulations for tire wet traction minimum performance standards to ensure that passenger tire wet traction capability is not reduced to achieve improved tire fuel efficiency4 7#b7 ,tire wet traction minimum performance standards 7,a7 ,basis of standard ,the minimum performance standards promulgated under paragraph 7#a7 shall be expressed in terms of peak coefficient of friction4 7,b7 ,test procedures ,any test procedure promulgated under this subsection shall be consistent with any test procedure promulgated under subsection 7a74 7,c7 ,benchmarking ,the ,secretary shall conduct testing to benchmark the wet traction performance of tire models available for sale in the ,united ,states as of the date of enactment of this ,act to ensure that the minimum performance standards promulgated under paragraph 7#a7 are tailored to-- 7i7 tires sold in the ,united ,states2 and 7ii7 the needs of consumers in the ,united ,states4 7,d7 ,applicability 7i7 ,in general ,this subsection applies to new pneumatic tires for use on passenger cars4 7ii7 ,exceptions ,this subsection does not apply to light truck tires1 deep tread tires1 winter-type snow tires1 space-saver or temporary use spare tires1 or tires with nominal rim diameters of #ab inches or less4 7d7 ,coordination among regulations 7#a7 ,compatibility ,the ,secretary shall ensure that the test procedures and requirements promulgated under subsections 7a71 7b71 and 7c7 are compatible and consistent4 7#b7 ,combined effect of rules ,the ,secretary shall evaluate the regulations promulgated under subsections 7b7 and 7c7 to ensure that compliance with the minimum performance standards promulgated under subsection 7b7 will not diminish wet traction performance of affected tires4 7#c7 ,rulemaking deadlines ,the ,secretary shall promulgate-- 7,a7 the regulations under subsections 7b7 and 7c7 not later than #bd months after the date of enactment of this ,act2 and 7,b7 the regulations under subsection 7c7 not later than the date of promulgation of the regulations under subsection 7b74 4 #bdccc4 ,tire registration by independent sellers ,section #cjaag7;b7 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,rulemaking 7,a7 ,in general ,the ,secretary shall initiate a rulemaking to require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to maintain records of-- 7i7 the name and address of tire purchasers and lessors and information identifying the tire that was purchased or leased2 and 7ii7 any additional records the ,secretary considers appropriate4 7,b7 ,electronic transmission ,the rulemaking carried out under subparagraph 7,a7 shall require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to electronically transmit the records described in clauses 7i7 and 7ii7 of subparagraph 7,a7 to the manufacturer of the tires or the designee of the manufacturer by secure means at no cost to tire purchasers or lessors4 7,c7 ,satisfaction of requirements ,a regulation promulgated under subparagraph 7,a7 may be considered to satisfy the requirements of paragraph 7#b77;,b74 4 #bdccd4 ,tire recall database 7a7 ,in general ,the ,secretary shall establish a publicly available and searchable electronic database of tire recall information that is reported to the ,administrator of the ,national ,highway ,traffic ,safety ,administration4 7b7 ,tire ,identification ,number ,the database established under subsection 7a7 shall be searchable by ,tire ,identification ,number 7,,tin7 and any other criteria that assists consumers in determining whether a tire is subject to a recall4 ,,iv ,alternative ,fuel ,vehicles #bdcda4 ,regulation parity for electric and natural gas vehicles 7a7 ,in general ,in promulgating regulations1 the ,administrator of the ,environmental ,protection ,administration shall ensure that any preference or incentive provided to an electric vehicle is also provided to a natural gas vehicle4 7b7 ,revision of ,existing ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall revise any regulations of the ,administrator in existence as of that date concerning electric vehicles as necessary to ensure that the regulations conform to subsection 7a74 ,d ,additional ,motor ,vehicle ,provisions #bddja4 ,required reporting of ,,nhtsa agenda ,not later than ,december #a of the year beginning after the date of enactment of this ,act1 and each year thereafter1 the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall publish on the public website of the ,administration1 and file with the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate an annual plan for the following calendar year detailing the ,administration's projected activities1 including-- 7#a7 the ,administrator's policy priorities2 7#b7 any rulemakings projected to be commenced2 7#c7 any plans to develop guidelines2 7#d7 any plans to restructure the ,administration or to establish or alter working groups2 7#e7 any planned projects or initiatives of the ,administration1 including the working groups and advisory committees of the ,administration2 and 7#f7 any projected dates or timetables associated with any of the items described in paragraphs 7#a7 through 7#e74 #bddjb4 ,application of remedies for defects and noncompliance ,section #cjabj7;g77#a7 of title #di1 ,united ,states ,code1 is amended by striking #aj calendar years and inserting #ae calendar years4 #bddjc4 ,retention of safety records by manufacturers 7a7 ,rule ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue a final rule pursuant to section #cjaag of title #di1 ,united ,states ,code1 requiring each manufacturer of motor vehicles or motor vehicle equipment to retain all motor vehicle safety records required to be maintained by manufacturers under section #egf4f of title #di1 ,code of ,federal ,regulations1 for a period of not less than #aj calendar years from the date on which they were generated or acquired by the manufacturer4 7b7 ,application ,the rule required by subsection 7a7 shall apply with respect to any record described in such subsection that is in the possession of a manufacturer on the effective date of such rule4 #bddjd4 ,nonapplication of prohibitions relating to noncomplying motor vehicles to vehicles used for testing or evaluation ,section #cjaab7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#h71 by striking 2 or and inserting a semicolon2 7#b7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new paragraph3 7#aj7 the introduction of a motor vehicle in interstate commerce solely for purposes of testing or evaluation by a manufacturer that prior to the date of enactment of this paragraph-- 7,a7 has manufactured and distributed motor vehicles into the ,united ,states that are certified to comply with all applicable ,federal motor vehicle safety standards2 7,b7 has submitted to the ,secretary appropriate manufacturer identification information under part #eff of title #di1 ,code of ,federal ,regulations2 7,c7 if applicable1 has identified an agent for service of process in accordance with part #eea of such title2 and 7,d7 agrees not to sell or offer for sale the motor vehicle at the conclusion of the testing or evaluation4 4 #bddje4 ,treatment of low-volume manufacturers 7a7 ,exemption from vehicle safety standards for low-,volume manufacturers ,section #cjaad of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the and inserting 7a7 ,vehicles ,used for ,particular ,purposes4--,the2 and 7#b7 by adding at the end the following new subsection3 7b7 ,exemption for low-,volume manufacturers 7#a7 ,in general ,the ,secretary shall-- 7,a7 exempt from section #cjaab7;a7 of this title not more than #ejj replica motor vehicles per year that are manufactured or imported by a low-volume manufacturer2 and 7,b7 except as provided in paragraph 7#d7 of this subsection1 limit any such exemption to the ,federal ,motor ,vehicle ,safety ,standards applicable to motor vehicles and not motor vehicle equipment4 7#b7 ,registration requirement ,to qualify for an exemption under paragraph 7#a71 a low-volume manufacturer shall register with the ,secretary at such time1 in such manner1 and under such terms that the ,secretary determines appropriate4 ,the ,secretary shall establish terms that ensure that no person may register as a low-volume manufacturer if the person is registered as an importer under section #cjada of this title4 7#c7 ,permanent label requirement 7,a7 ,in general ,the ,secretary shall require a low-volume manufacturer to affix a permanent label to a motor vehicle exempted under paragraph 7#a7 that identifies the specified standards and regulations for which such vehicle is exempt from section #cjaab7;a7 and designates the model year such vehicle replicates4 7,b7 ,written notice ,the ,secretary may require a low-volume manufacturer of a motor vehicle exempted under paragraph 7#a7 to deliver written notice of the exemption to-- 7i7 the dealer2 and 7ii7 the first purchaser of the motor vehicle1 if the first purchaser is not an individual that purchases the motor vehicle for resale4 7,c7 ,reporting requirement ,a low-volume manufacturer shall annually submit a report to the ,secretary including the number and description of the motor vehicles exempted under paragraph 7#a7 and a list of the exemptions described on the label affixed under subparagraph 7,a74 7#d7 ,effect on other provisions ,any motor vehicle exempted under this subsection shall also be exempted from sections #cbcjd1 #cbejb1 and #cbijb of this title and from section #c of the ,automobile ,information ,disclosure ,act 7#ae ,u4,s4,c4 #abcb74 7#e7 ,limitation and public notice ,the ,secretary shall have #fj days to review and approve a registration submitted under paragraph 7#b74 ,any registration not approved or denied within #fj days after submission shall be deemed approved4 ,the ,secretary shall have the authority to revoke an existing registration based on a failure to comply with requirements set forth in this subsection4 ,the registrant shall be provided a reasonable opportunity to correct all deficiencies1 if such are correctable based on the sole discretion of the ,secretary4 ,an exemption granted by the ,secretary to a low-volume manufacturer under this subsection may not be transferred to any other person1 and shall expire at the end of the calendar year for which it was granted with respect to any volume authorized by the exemption that was not applied by the low-volume manufacturer to vehicles built during that calendar year4 ,the ,secretary shall maintain an up-to-date list of registrants on an annual basis and publish such list in the ,federal ,register or on a website operated by the ,secretary4 7#f7 ,limitation of liability for original manufacturers1 licensors or owners of product configuration1 trade dress1 or design patents ,the original manufacturer1 its successor or assignee1 or current owner1 who grants a license or otherwise transfers rights to a low-volume manufacturer shall incur no liability to any person or entity under ,federal or ,state statute1 regulation1 local ordinance1 or under any ,federal or ,state common law for such license or assignment to a low-volume manufacturer4 7#g7 ,definitions ,in this subsection3 7,a7 ,low-volume manufacturer ,the term low-volume manufacturer means a motor vehicle manufacturer1 other than a person who is registered as an importer under section #cjada of this title1 whose annual worldwide production is not more than #e1jjj motor vehicles4 7,b7 ,replica motor vehicle ,the term replica motor vehicle means a motor vehicle produced by a low-volume manufacturer and that-- 7i7 is intended to resemble the body of another motor vehicle that was manufactured not less than #be years before the manufacture of the replica motor vehicle2 and 7ii7 is manufactured under a license for the product configuration1 trade dress1 trademark1 or patent1 for the motor vehicle that is intended to be replicated from the original manufacturer1 its successors or assignees1 or current owner of such product configuration1 trade dress1 trademark1 or patent rights4 4 7b7 ,vehicle emission compliance standards for low-,volume motor vehicle manufacturers ,part ,a of title ,,ii of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba et seq47 is amended-- 7#a7 in section #bjf7;a7 by adding at the end the following new paragraph3 7#e7 7,a7 ,a motor vehicle engine 7including all engine emission controls7 from a motor vehicle that has been granted a certificate of conformity by the ,administrator for the model year in which the motor vehicle is assembled1 or a motor vehicle engine that has been granted an ,executive order subject to regulations promulgated by the ,california ,air ,resources ,board for the model year in which the motor vehicle is assembled1 may be installed in an exempted specially produced motor vehicle1 if-- 7i7 the manufacturer of the engine supplies written instructions explaining how to install the engine and maintain functionality of the engine's emission control system and the on-board diagnostic system 7commonly known as ,,obd ,,ii71 except with respect to evaporative emissions diagnostics2 7ii7 the manufacturer of the exempted specially produced motor vehicle installs the engine in accordance with such instructions2 and 7iii7 the installation instructions include emission control warranty information from the engine manufacturer in compliance with section #bjg1 including where warranty repairs can be made1 emission control labels to be affixed to the vehicle1 and the certificate of conformity number for the applicable vehicle in which the engine was originally intended or the applicable ,executive order number for the engine4 7,b7 ,a motor vehicle containing an engine compliant with the requirements of subparagraph 7,a7 shall be treated as meeting the requirements of section #bjb applicable to new vehicles manufactured or imported in the model year in which the exempted specially produced motor vehicle is assembled4 7,c7 ,engine installations that are not performed in accordance with installation instructions provided by the manufacturer and alterations to the engine not in accordance with the installation instructions shall-- 7i7 be treated as prohibited acts by the installer under section #bjc2 and 7ii7 subject to civil penalties under the first and third sentences of section #bje7;a71 civil actions under section #bje7;b71 and administrative assessment of penalties under section #bje7;c74 7,d7 ,the manufacturer of an exempted specially produced motor vehicle that has an engine compliant with the requirements of subparagraph 7,a7 shall provide to the purchaser of such vehicle all information received by the manufacturer from the engine manufacturer1 including information regarding emissions warranties from the engine manufacturer and all emissions-related recalls by the engine manufacturer4 7,e7 ,to qualify to install an engine under this paragraph1 a manufacturer of exempted specially produced motor vehicles shall register with the ,administrator at such time and in such manner as the ,administrator determines appropriate4 ,the manufacturer shall submit an annual report to the ,administrator that includes-- 7i7 a description of the exempted specially produced motor vehicles and engines installed in such vehicles2 and 7ii7 the certificate of conformity number issued to the motor vehicle in which the engine was originally intended or the applicable ,executive order number for the engine4 7,f7 ,exempted specially produced motor vehicles compliant with this paragraph shall be exempted from-- 7i7 motor vehicle certification testing under this section2 and 7ii7 vehicle emission control inspection and maintenance programs required under section #aaj4 7,g7 ,a person engaged in the manufacturing or assembling of exempted specially produced motor vehicles shall not be treated as a manufacturer for purposes of this ,act by virtue of such manufacturing or assembling1 so long as such person complies with subparagraphs 7,a7 through 7,e74 2 and 7#b7 in section #baf by adding at the end the following new paragraph3 7#ab7 ,exempted specially produced motor vehicle ,the term exempted specially produced motor vehicle means a replica motor vehicle that is exempt from specified standards pursuant to section #cjaad7;b7 of title #di1 ,united ,states ,code4 4 7c7 ,implementation ,not later than #ab months after the date of enactment of this ,act1 the ,secretary of ,transportation and the ,administrator of the ,environmental ,protection ,agency shall issue such regulations as may be necessary to implement the amendments made by subsections 7a7 and 7b71 respectively4 #bddjf4 ,no liability on the basis of ,,nhtsa motor vehicle safety guidelines ,section #cjaaa of title #di1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7f7 ,no liability on the basis of motor vehicle safety guidelines issued by the ,secretary 7#a7 ,no guidelines issued by the ,secretary with respect to motor vehicle safety shall provide a basis for or evidence of liability in any action against a defendant whose practices are alleged to be inconsistent with such guidelines4 ,a person who is subject to any such guidelines may use an alternative approach to that set forth in such guidelines that complies with any requirement in a provision of this subtitle1 a motor vehicle safety standard issued under this subtitle1 or another relevant statute or regulation4 7#b7 ,no such guidelines shall confer any rights on any person nor shall operate to bind the ,secretary or any person who is subject to such guidelines to the approach recommended in such guidelines4 ,in any enforcement action with respect to motor vehicle safety1 the ,secretary must prove a violation of a provision of this subtitle1 a motor vehicle safety standard issued under this subtitle1 or another relevant statute or regulation4 ,the ,secretary may not build a case against or negotiate a consent order with any person based in whole or in part on practices of the person that are alleged to be inconsistent with any such guidelines4 7#c7 ,a defendant may use compliance with any such guidelines as evidence of compliance with the provision of this subtitle1 motor vehicle safety standard issued under this subtitle1 or other statute or regulation under which such guidelines were developed4 4 ,c ,finance #cjjja4 ,short title ,this division may be cited as the ,transportation ,funding ,act of #bjae4 ,,xxxi ,highway trust fund and related taxes ,a ,extension of trust fund expenditure authority and related taxes #caaja4 ,extension of trust fund expenditure authority 7a7 ,highway ,trust ,fund ,section #iejc of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,november #ba1 #bjae in subsections 7b77#f77;,b71 7c77#a71 and 7e77#c7 and inserting ,october #a1 #bjba1 and 7#b7 by striking ,surface ,transportation ,extension ,act of #bjae in subsections 7c77#a7 and 7e77#c7 and inserting ,surface ,transportation ,reauthorization and ,reform ,act of #bjae4 7b7 ,sport ,fish ,restoration and ,boating ,trust ,fund ,section #iejd of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,surface ,transportation ,extension ,act of #bjae each place it appears in subsection 7b77#b7 and inserting ,surface ,transportation ,reauthorization and ,reform ,act of #bjae1 and 7#b7 by striking ,november #ba1 #bjae in subsection 7d77#b7 and inserting ,october #a1 #bjba4 7c7 ,leaking ,underground ,storage ,tank ,trust ,fund ,section #iejh7;e77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking ,november #ba1 #bjae and inserting ,october #a1 #bjba4 7d7 ,effective date ,the amendments made by this section shall take effect on ,november #ba1 #bjae4 #caajb4 ,extension of highway-related taxes 7a7 ,in general 7#a7 ,each of the following provisions of the ,internal ,revenue ,code of #aihf is amended by striking ,september #cj1 #bjaf and inserting ,september #cj1 #bjbc3 7,a7 ,section #djda7;a77#a77;,c77iii77,i74 7,b7 ,section #djda7m77#a77;,b74 7,c7 ,section #djha7;d77#a74 7#b7 ,each of the following provisions of such ,code is amended by striking ,october #a1 #bjaf and inserting ,october #a1 #bjbc3 7,a7 ,section #djda7m77#a77;,a74 7,b7 ,section #djea7;c74 7,c7 ,section #djga7;d74 7,d7 ,section #djha7;d77#c74 7b7 ,extension of tax1 ,etc41 on use of certain heavy vehicles ,each of the following provisions of the ,internal ,revenue ,code of #aihf is amended by striking #bjag each place it appears and inserting #bjbd3 7#a7 ,section #ddha7;f74 7#b7 ,subsections 7c77#d7 and 7d7 of section #ddhb4 7c7 ,floor stocks refunds ,section #fdab7;a77#a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,october #a1 #bjaf each place it appears and inserting ,october #a1 #bjbc2 7#b7 by striking ,march #ca1 #bjag each place it appears and inserting ,march #ca1 #bjbd2 and 7#c7 by striking ,january #a1 #bjag and inserting ,january #a1 #bjbd4 7d7 ,extension of certain exemptions 7#a7 ,section #dbba7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking ,october #a1 #bjaf and inserting ,october #a1 #bjbc4 7#b7 ,section #ddhc7;i7 of such ,code is amended by striking ,october #a1 #bjag and inserting ,october #a1 #bjbd4 7e7 ,extension of transfers of certain taxes 7#a7 ,in general ,section #iejc of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in subsection 7b7-- 7i7 by striking ,october #a1 #bjaf each place it appears in paragraphs 7#a7 and 7#b7 and inserting ,october #a1 #bjbc2 7ii7 by striking ,october #a1 #bjaf in the heading of paragraph 7#b7 and inserting ,october #a1 #bjbc2 7iii7 by striking ,september #cj1 #bjaf in paragraph 7#b7 and inserting ,september #cj1 #bjbc2 and 7iv7 by striking ,july #a1 #bjag in paragraph 7#b7 and inserting ,july #a1 #bjbd2 and 7,b7 in subsection 7c77#b71 by striking ,july #a1 #bjag and inserting ,july #a1 #bjbd4 7#b7 ,motorboat and small-engine fuel tax transfers 7,a7 ,in general ,paragraphs 7#c77;,a77i7 and 7#d77;,a7 of section #iejc7;c7 of such ,code are each amended by striking ,october #a1 #bjaf and inserting ,october #a1 #bjbc4 7,b7 ,conforming amendments to land and water conservation fund ,section #bjjcaj of title #ed1 ,united ,states ,code1 is amended-- 7i7 by striking ,october #a1 #bjag each place it appears and inserting ,october #a1 #bjbd2 and 7ii7 by striking ,october #a1 #bjaf and inserting ,october #a1 #bjbc4 7f7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjaf4 ,b ,additional transfers to ,highway ,trust ,fund #cabja4 ,further additional transfers to trust fund ,subsection 7f7 of section #iejc of the ,internal ,revenue ,code of #aihf is amended by redesignating paragraph 7#h7 as paragraph 7#aj7 and inserting after paragraph 7#g7 the following new paragraphs3 7#h7 ,further transfers to trust fund ,out of money in the ,treasury not otherwise appropriated1 there is hereby appropriated-- 7,a7 #be1igf1jjj1jjj to the ,highway ,account 7as defined in subsection 7e77#e77;,b77 in the ,highway ,trust ,fund2 and 7,b7 #i1jjj1jjj1jjj to the ,mass ,transit ,account in the ,highway ,trust ,fund4 7#i7 ,additional increase in fund balance ,there is hereby transferred to the ,highway ,account 7as defined in subsection 7e77#e77;,b77 in the ,highway ,trust ,fund amounts appropriated from the ,leaking ,underground ,storage ,tank ,trust ,fund under section #iejh7;c77#d74 4 #cabjb4 ,transfer to ,highway ,trust ,fund of certain motor vehicle safety penalties 7a7 ,in general ,paragraph 7#e7 of section #iejc7;b7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,there are hereby and inserting the following3 7,a7 ,in general ,there are hereby 1 and 7#b7 by adding at the end the following new paragraph3 7,b7 ,penalties related to motor vehicle safety 7i7 ,in general ,there are hereby appropriated to the ,highway ,trust ,fund amounts equivalent to covered motor vehicle safety penalty collections4 7ii7 ,covered motor vehicle safety penalty collections ,for purposes of this subparagraph1 the term covered motor vehicle safety penalty collections means any amount collected in connection with a civil penalty under section #cjafe of title #di1 ,united ,states ,code1 reduced by any award authorized by the ,secretary of ,transportation to be paid to any person in connection with information provided by such person related to a violation of chapter #cja of such title which is a predicate to such civil penalty4 4 7b7 ,effective date ,the amendments made by this section shall apply to amounts collected after the date of the enactment of this ,act4 #cabjc4 ,appropriation from ,leaking ,underground ,storage ,tank ,trust ,fund 7a7 ,in general ,subsection 7c7 of section #iejh of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#d7 ,additional transfer to highway trust fund ,out of amounts in the ,leaking ,underground ,storage ,tank ,trust ,fund there is hereby appropriated-- 7,a7 on the date of the enactment of the ,,drive ,act1 #ajj1jjj1jjj1 7,b7 on ,october #a1 #bjaf1 #ajj1jjj1jjj1 and 7,c7 on ,october #a1 #bjag1 #ajj1jjj1jjj1 to be transferred under section #iejc7;f77#i7 to the ,highway ,account 7as defined in section #iejc7;e77#e77;,b77 in the ,highway ,trust ,fund4 4 7b7 ,conforming amendment ,section #iejh7;c77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking paragraphs 7#b7 and 7#c7 and inserting paragraphs 7#b71 7#c71 and 7#d74 ,,xxxii ,offsets ,a ,tax provisions #cbaja4 ,revocation or denial of passport in case of certain unpaid taxes 7a7 ,in general ,subchapter ,d of chapter #ge of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #gcde4 ,revocation or denial of passport in case of certain tax delinquencies 7a7 ,in general ,if the ,secretary receives certification by the ,commissioner of ,internal ,revenue that any individual has a seriously delinquent tax debt in an amount in excess of #ej1jjj1 the ,secretary shall transmit such certification to the ,secretary of ,state for action with respect to denial1 revocation1 or limitation of a passport pursuant to section #ebajb7;d7 of the ,transportation ,funding ,act of #bjae4 7b7 ,seriously delinquent tax debt ,for purposes of this section1 the term seriously delinquent tax debt means an outstanding debt under this title for which a notice of lien has been filed in public records pursuant to section #fcbc or a notice of levy has been filed pursuant to section #fcca1 except that such term does not include-- 7#a7 a debt that is being paid in a timely manner pursuant to an agreement under section #faei or #gabb1 and 7#b7 a debt with respect to which collection is suspended because a collection due process hearing under section #fccj1 or relief under subsection 7b71 7c71 or 7f7 of section #fjae1 is requested or pending4 7c7 ,adjustment for inflation ,in the case of a calendar year beginning after #bjaf1 the dollar amount in subsection 7a7 shall be increased by an amount equal to-- 7#a7 such dollar amount1 multiplied by 7#b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year1 determined by substituting calendar year #bjae for calendar year #aiib in subparagraph 7,b7 thereof4 ,if any amount as adjusted under the preceding sentence is not a multiple of #a1jjj1 such amount shall be rounded to the next highest multiple of #a1jjj4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,d of chapter #ge of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #gcde4 ,revocation or denial of passport in case of certain tax delinquencies4 4 7c7 ,authority for information sharing 7#a7 ,in general ,subsection 7l7 of section #fajc of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#bc7 ,disclosure of return information to ,department of ,state for purposes of passport revocation under section #gcde 7,a7 ,in general ,the ,secretary shall1 upon receiving a certification described in section #gcde1 disclose to the ,secretary of ,state return information with respect to a taxpayer who has a seriously delinquent tax debt described in such section4 ,such return information shall be limited to-- 7i7 the taxpayer identity information with respect to such taxpayer1 and 7ii7 the amount of such seriously delinquent tax debt4 7,b7 ,restriction on disclosure ,return information disclosed under subparagraph 7,a7 may be used by officers and employees of the ,department of ,state for the purposes of1 and to the extent necessary in1 carrying out the requirements of section #ebajb7;d7 of the ,transportation ,funding ,act of #bjae4 4 7#b7 ,conforming amendment ,paragraph 7#d7 of section #fajc7p7 of such ,code is amended by striking or 7#bb7 each place it appears in subparagraph 7,f77ii7 and in the matter preceding subparagraph 7,a7 and inserting 7#bb71 or 7#bc74 7d7 ,authority ,to deny or revoke passport 7#a7 ,denial 7,a7 ,in general ,except as provided under subparagraph 7,b71 upon receiving a certification described in section #gcde of the ,internal ,revenue ,code of #aihf from the ,secretary of the ,treasury1 the ,secretary of ,state shall not issue a passport to any individual who has a seriously delinquent tax debt described in such section4 7,b7 ,emergency and humanitarian situations ,notwithstanding subparagraph 7,a71 the ,secretary of ,state may issue a passport1 in emergency circumstances or for humanitarian reasons1 to an individual described in such subparagraph4 7#b7 ,revocation 7,a7 ,in general ,the ,secretary of ,state may revoke a passport previously issued to any individual described in paragraph 7#a77;,a74 7,b7 ,limitation for return to united states ,if the ,secretary of ,state decides to revoke a passport under subparagraph 7,a71 the ,secretary of ,state1 before revocation1 may-- 7i7 limit a previously issued passport only for return travel to the ,united ,states2 or 7ii7 issue a limited passport that only permits return travel to the ,united ,states4 7#c7 ,hold harmless ,the ,secretary of the ,treasury and the ,secretary of ,state shall not be liable to an individual for any action with respect to a certification by the ,commissioner of ,internal ,revenue under section #gcde of the ,internal ,revenue ,code of #aihf4 7e7 ,revocation or denial of passport in case of individual without social security account number 7#a7 ,denial 7,a7 ,in general ,except as provided under subparagraph 7,b71 upon receiving an application for a passport from an individual that either-- 7i7 does not include the social security account number issued to that individual1 or 7ii7 includes an incorrect or invalid social security number willfully1 intentionally1 negligently1 or recklessly provided by such individual1 the ,secretary of ,state is authorized to deny such application and is authorized to not issue a passport to the individual4 7,b7 ,emergency and humanitarian situations ,notwithstanding subparagraph 7,a71 the ,secretary of ,state may issue a passport1 in emergency circumstances or for humanitarian reasons1 to an individual described in subparagraph 7,a74 7#b7 ,revocation 7,a7 ,in general ,the ,secretary of ,state may revoke a passport previously issued to any individual described in paragraph 7#a77;,a74 7,b7 ,limitation for return to ,united ,states ,if the ,secretary of ,state decides to revoke a passport under subparagraph 7,a71 the ,secretary of ,state1 before revocation1 may-- 7i7 limit a previously issued passport only for return travel to the ,united ,states2 or 7ii7 issue a limited passport that only permits return travel to the ,united ,states4 7f7 ,effective date ,the provisions of1 and amendments made by1 this section shall take effect on ,january #a1 #bjaf4 #cbajb4 ,reform of rules relating to qualified tax collection contracts 7a7 ,requirement ,to collect certain inactive tax receivables under qualified tax collection contracts ,section #fcjf of the ,internal ,revenue ,code of #aihf is amended by redesignating subsections 7c7 through 7f7 as subsections 7d7 through 7g71 respectively1 and by inserting after subsection 7b7 the following new subsection3 7c7 ,collection of inactive tax receivables 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary shall enter into one or more qualified tax collection contracts for the collection of all outstanding inactive tax receivables4 7#b7 ,inactive tax receivables ,for purposes of this section-- 7,a7 ,in general ,the term inactive tax receivable means any tax receivable if-- 7i7 at any time after assessment1 the ,internal ,revenue ,service removes such receivable from the active inventory for lack of resources or inability to locate the taxpayer1 7ii7 more than #ac of the period of the applicable statute of limitation has lapsed and such receivable has not been assigned for collection to any employee of the ,internal ,revenue ,service1 or 7iii7 in the case of a receivable which has been assigned for collection1 more than #cfe days have passed without interaction with the taxpayer or a third party for purposes of furthering the collection of such receivable4 7,b7 ,tax receivable ,the term tax receivable means any outstanding assessment which the ,internal ,revenue ,service includes in potentially collectible inventory4 4 7b7 ,certain tax receivables not eligible for collection under qualified tax collection contracts ,section #fcjf of the ,internal ,revenue ,code of #aihf1 as amended by subsection 7a71 is amended by redesignating subsections 7d7 through 7g7 as subsections 7e7 through 7h71 respectively1 and by inserting after subsection 7c7 the following new subsection3 7d7 ,certain tax receivables not eligible for collection under qualified tax collections contracts ,a tax receivable shall not be eligible for collection pursuant to a qualified tax collection contract if such receivable-- 7#a7 is subject to a pending or active offer-in-compromise or installment agreement1 7#b7 is classified as an innocent spouse case1 7#c7 involves a taxpayer identified by the ,secretary as being-- 7,a7 deceased1 7,b7 under the age of #ah1 7,c7 in a designated combat zone1 or 7,d7 a victim of tax-related identity theft1 7#d7 is currently under examination1 litigation1 criminal investigation1 or levy1 or 7#e7 is currently subject to a proper exercise of a right of appeal under this title4 4 7c7 ,contracting priority ,section #fcjf of the ,internal ,revenue ,code of #aihf1 as amended by the preceding provisions of this section1 is amended by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following new subsection3 7h7 ,contracting priority ,in contracting for the services of any person under this section1 the ,secretary shall utilize private collection contractors and debt collection centers on the schedule required under section #cgaa7;g7 of title #ca1 ,united ,states ,code1 including the technology and communications infrastructure established therein1 to the extent such private collection contractors and debt collection centers are appropriate to carry out the purposes of this section4 4 7d7 ,disclosure of return information ,section #fajc7k7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#aa7 ,qualified tax collection contractors ,persons providing services pursuant to a qualified tax collection contract under section #fcjf may1 if speaking to a person who has identified himself or herself as having the name of the taxpayer to which a tax receivable 7within the meaning of such section7 relates1 identify themselves as contractors of the ,internal ,revenue ,service and disclose the business name of the contractor1 and the nature1 subject1 and reason for the contact4 ,disclosures under this paragraph shall be made only in such situations and under such conditions as have been approved by the ,secretary4 4 7e7 ,taxpayers affected by federally declared disasters ,section #fcjf of the ,internal ,revenue ,code of #aihf1 as amended by the preceding provisions of this section1 is amended by redesignating subsection 7i7 as subsection 7j7 and by inserting after subsection 7h7 the following new subsection3 7i7 ,taxpayers in presidentially declared disaster areas ,the ,secretary may prescribe procedures under which a taxpayer determined to be affected by a ,federally declared disaster 7as defined by section #afe7;i77#e77 may request-- 7#a7 relief from immediate collection measures by contractors under this section1 and 7#b7 a return of the inactive tax receivable to the inventory of the ,internal ,revenue ,service to be collected by an employee thereof4 4 7f7 ,report to ,congress 7#a7 ,in general ,section #fcjf of the ,internal ,revenue ,code of #aihf1 as amended by the preceding provisions of this section1 is amended by redesignating subsection 7j7 as subsection 7k7 and by inserting after subsection 7i7 the following new subsection3 7j7 ,report to ,congress ,not later than #ij days after the last day of each fiscal year 7beginning with the first such fiscal year ending after the date of the enactment of this subsection71 the ,secretary shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate a report with respect to qualified tax collection contracts under this section which shall include-- 7#a7 annually1 with respect to such fiscal year-- 7,a7 the total number and amount of tax receivables provided to each contractor for collection under this section1 7,b7 the total amounts collected 7and amounts of installment agreements entered into under subsection 7b77#a77;,b77 with respect to each contractor and the collection costs incurred 7directly and indirectly7 by the ,internal ,revenue ,service with respect to such amounts1 7,c7 the impact of such contracts on the total number and amount of unpaid assessments1 and on the number and amount of assessments collected by ,internal ,revenue ,service personnel after initial contact by a contractor1 7,d7 the amount of fees retained by the ,secretary under subsection 7e7 and a description of the use of such funds1 and 7,e7 a disclosure safeguard report in a form similar to that required under section #fajc7p77#e71 and 7#b7 biannually 7beginning with the second report submitted under this subsection7-- 7,a7 an independent evaluation of contractor performance1 and 7,b7 a measurement plan that includes a comparison of the best practices used by the private collectors to the collection techniques used by the ,internal ,revenue ,service and mechanisms to identify and capture information on successful collection techniques used by the contractors that could be adopted by the ,internal ,revenue ,service4 4 7#b7 ,repeal of existing reporting requirements with respect to qualified tax collection contracts ,section #hha of the ,american ,jobs ,creation ,act of #bjjd is amended by striking subsection 7e74 7g7 ,effective dates 7#a7 ,in general ,the amendments made by subsections 7a7 and 7b7 shall apply to tax receivables identified by the ,secretary after the date of the enactment of this ,act4 7#b7 ,contracting priority ,the ,secretary shall begin entering into contracts and agreements as described in the amendment made by subsection 7c7 within #c months after the date of the enactment of this ,act4 7#c7 ,disclosures ,the amendment made by subsection 7d7 shall apply to disclosures made after the date of the enactment of this ,act4 7#d7 ,procedures2 report to congress ,the amendments made by subsections 7e7 and 7f7 shall take effect on the date of the enactment of this ,act4 #cbajc4 ,special compliance personnel program 7a7 ,in general ,subsection 7e7 of section #fcjf of the ,internal ,revenue ,code of #aihf1 as redesignated by section #ebajf1 is amended by striking for collection enforcement activities of the ,internal ,revenue ,service in paragraph 7#b7 and inserting to fund the special compliance personnel program account under section #fcjg4 7b7 ,special compliance personnel program account ,subchapter ,a of chapter #fd of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #fcjg4 ,special compliance personnel program account 7a7 ,establishment of a special compliance personnel program account ,the ,secretary shall establish an account within the ,department for carrying out a program consisting of the hiring1 training1 and employment of special compliance personnel1 and shall transfer to such account from time to time amounts retained by the ,secretary under section #fcjf7;e77#b74 7b7 ,restrictions ,the program described in subsection 7a7 shall be subject to the following restrictions3 7#a7 ,no funds shall be transferred to such account except as described in subsection 7a74 7#b7 ,no other funds from any other source shall be expended for special compliance personnel employed under such program1 and no funds from such account shall be expended for the hiring of any personnel other than special compliance personnel4 7#c7 ,notwithstanding any other authority1 the ,secretary is prohibited from spending funds out of such account for any purpose other than for costs under such program associated with the employment of special compliance personnel and the retraining and reassignment of current noncollections personnel as special compliance personnel1 and to reimburse the ,internal ,revenue ,service or other government agencies for the cost of administering qualified tax collection contracts under section #fcjf4 7c7 ,reporting ,not later than ,march of each year1 the ,commissioner of ,internal ,revenue shall submit a report to the ,committees on ,finance and ,appropriations of the ,senate and the ,committees on ,ways and ,means and ,appropriations of the ,house of ,representatives consisting of the following3 7#a7 ,for the preceding fiscal year1 all funds received in the account established under subsection 7a71 administrative and program costs for the program described in such subsection1 the number of special compliance personnel hired and employed under the program1 and the amount of revenue actually collected by such personnel4 7#b7 ,for the current fiscal year1 all actual and estimated funds received or to be received in the account1 all actual and estimated administrative and program costs1 the number of all actual and estimated special compliance personnel hired and employed under the program1 and the actual and estimated revenue actually collected or to be collected by such personnel4 7#c7 ,for the following fiscal year1 an estimate of all funds to be received in the account1 all estimated administrative and program costs1 the estimated number of special compliance personnel hired and employed under the program1 and the estimated revenue to be collected by such personnel4 7d7 ,definitions ,for purposes of this section-- 7#a7 ,special compliance personnel ,the term special compliance personnel means individuals employed by the ,internal ,revenue ,service as field function collection officers or in a similar position1 or employed to collect taxes using the automated collection system or an equivalent replacement system4 7#b7 ,program costs ,the term program costs means-- 7,a7 total salaries 7including locality pay and bonuses71 benefits1 and employment taxes for special compliance personnel employed or trained under the program described in subsection 7a71 and 7,b7 direct overhead costs1 salaries1 benefits1 and employment taxes relating to support staff1 rental payments1 office equipment and furniture1 travel1 data processing services1 vehicle costs1 utilities1 telecommunications1 postage1 printing and reproduction1 supplies and materials1 lands and structures1 insurance claims1 and indemnities for special compliance personnel hired and employed under this section4 ,for purposes of subparagraph 7,b71 the cost of management and supervision of special compliance personnel shall be taken into account as direct overhead costs to the extent such costs1 when included in total program costs under this paragraph1 do not represent more than #aj percent of such total costs4 4 7c7 ,clerical amendment ,the table of sections for subchapter ,a of chapter #fd of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #fcjf the following new item3 ,sec4 #fcjg4 ,special compliance personnel program account4 4 7d7 ,effective date ,the amendment made by subsection 7a7 shall apply to amounts collected and retained by the ,secretary after the date of the enactment of this ,act4 ,b ,fees and receipts #cbbja4 ,adjustment for inflation of fees for certain customs services 7a7 ,in general ,section #acjca of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7 is amended by adding at the end the following3 7l7 ,adjustment of fees for inflation 7#a7 ,in general ,the ,secretary of the ,treasury shall adjust the fees established under subsection 7a71 and the limitations on such fees under paragraphs 7#b71 7#c71 7#e71 7#f71 7#h71 and 7#i7 of subsection 7b71 on ,october #a1 #bjae1 and annually thereafter1 to reflect the percentage 7if any7 of the increase in the average of the ,consumer ,price ,index for the preceding #ab-month period compared to the ,consumer ,price ,index for fiscal year #bjad4 7#b7 ,special rules for calculation of adjustment ,in adjusting under paragraph 7#a7 the amount of the fees established under subsection 7a71 and the limitations on such fees under paragraphs 7#b71 7#c71 7#e71 7#f71 7#h71 and 7#i7 of subsection 7b71 the ,secretary-- 7,a7 shall round the amount of any increase in the ,consumer ,price ,index to the nearest dollar2 and 7,b7 may ignore any such increase of less than #a percent4 7#c7 ,consumer ,price ,index defined ,for purposes of this subsection1 the term ,consumer ,price ,index means the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor4 4 7b7 ,deposits into ,customs ,user ,fee ,account ,section #acjca7;f7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f77 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking all fees collected under subsection 7a7 and inserting the amount of fees collected under subsection 7a7 7determined without regard to any adjustment made under subsection 7l772 and 7#b7 in paragraph 7#c77;,a71 in the matter preceding clause 7i7-- 7,a7 by striking fees collected and inserting amount of fees collected2 and 7,b7 by striking 71 each appropriation and inserting 1 and determined without regard to any adjustment made under subsection 7l771 each appropriation4 7c7 ,conforming amendments ,section #acjca of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c71 as amended by subsections 7a7 and 7b71 is further amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting 7subject to adjustment under subsection 7l77 after following fees2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by inserting 7subject to adjustment under subsection 7l77 after in fees2 7,b7 in paragraph 7#c71 by inserting 7subject to adjustment under subsection 7l77 after in fees2 7,c7 in paragraph 7#e77;,a71 by inserting 7subject to adjustment under subsection 7l77 after in fees2 7,d7 in paragraph 7#f71 by inserting 7subject to adjustment under subsection 7l77 after in fees2 7,e7 in paragraph 7#h77;,a7-- 7i7 in clause 7i71 by inserting or 7l7 after subsection 7a77#i77;,b72 and 7ii7 in clause 7ii71 by inserting 7subject to adjustment under subsection 7l77 after #c2 and 7,f7 in paragraph 7#i7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by inserting and subject to adjustment under subsection 7l7 after ,tariff ,act of #aicj2 and 7,,ii7 in clause 7ii77,i71 by inserting 7subject to adjustment under subsection 7l77 after bill of lading2 and 7ii7 in subparagraph 7,b77i71 by inserting 7subject to adjustment under subsection 7l77 after bill of lading4 #cbbjb4 ,elimination of surplus funds of ,federal reserve banks 7a7 ,elimination of surplus funds ,section #g of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #bhi et seq47 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the heading of such subsection1 by striking and ,surplus ,funds2 and 7,b7 in paragraph 7#b71 by striking deposited in the surplus fund of the bank and inserting transferred to the ,board of ,governors of the ,federal ,reserve ,system for transfer to the ,secretary of the ,treasury for deposit in the general fund of the ,treasury2 and 7#b7 by striking the first subsection 7b7 7relating to a transfer for fiscal year #bjjj74 7b7 ,transfer to the ,treasury ,the ,federal reserve banks shall transfer all of the funds of the surplus funds of such banks to the ,board of ,governors of the ,federal ,reserve ,system for transfer to the ,secretary of the ,treasury for deposit in the general fund of the ,treasury4 #cbbjc4 ,strategic ,petroleum ,reserve drawdown and sale 7a7 ,drawdown and sale 7#a7 ,in general ,notwithstanding section #afa of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbda71 except as provided in subsections 7b7 and 7c71 the ,secretary of ,energy shall drawdown and sell from the ,strategic ,petroleum ,reserve-- 7,a7 the quantity of barrels of crude oil that the ,secretary of ,energy determines to be appropriate to maximize the financial return to ,united ,states taxpayers for each of fiscal years #bjaf and #bjag2 7,b7 #d1jjj1jjj barrels of crude oil during fiscal year #bjah2 7,c7 #e1jjj1jjj barrels of crude oil during fiscal year #bjai2 7,d7 #h1jjj1jjj barrels of crude oil during fiscal year #bjbj2 7,e7 #h1jjj1jjj barrels of crude oil during fiscal year #bjba2 7,f7 #aj1jjj1jjj barrels of crude oil during fiscal year #bjbb2 7,g7 #af1jjj1jjj barrels of crude oil during fiscal year #bjbc2 7,h7 #be1jjj1jjj barrels of crude oil during fiscal year #bjbd2 and 7,i7 #be1jjj1jjj barrels of crude oil during fiscal year #bjbe4 7#b7 ,deposit of amounts received from sale ,amounts received from a sale under paragraph 7#a7 shall be deposited in the general fund of the ,treasury during the fiscal year in which the sale occurs4 7b7 ,emergency protection ,in any #a fiscal year described in subsection 7a77#a71 the ,secretary of ,energy shall not drawdown and sell crude oil under this section in quantities that would result in a ,strategic ,petroleum ,reserve that contains an inventory of petroleum products representing fewer than #ij days of emergency reserves1 based on the average daily level of net imports of crude oil and petroleum products in the calendar year preceding that fiscal year4 7c7 ,increase2 limitation 7#a7 ,increase ,the ,secretary of ,energy may increase the drawdown and sales under subparagraphs 7,a7 through 7,i7 of subsection 7a77#a7 as the ,secretary of ,energy determines to be appropriate to maximize the financial return to ,united ,states taxpayers4 7#b7 ,limitation ,the ,secretary of ,energy shall not drawdown or conduct sales of crude oil under this section after the date on which a total of #i1jej1jjj1jjj has been deposited in the general fund of the ,treasury from sales authorized under this section4 ,c ,outlays #cbcja4 ,interest on overpayment ,section #aaa of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agba7 is amended-- 7#a7 by striking subsections 7h7 and 7i72 7#b7 by redesignating subsections 7j7 through 7l7 as subsections 7h7 through 7j71 respectively2 and 7#c7 in subsection 7h7 7as so redesignated71 by striking the fourth sentence4 ,d ,miscellaneous ,,xli ,federal ,permitting ,improvement #dajja4 ,definitions ,in this title3 7#a7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,agency ,,cerpo ,the term agency ,,cerpo means the chief environmental review and permitting officer of an agency1 as designated by the head of the agency under section #dajjb7;b77#b77;,a77iii77,i74 7#c7 ,authorization ,the term authorization means any license1 permit1 approval1 finding1 determination1 or other administrative decision issued by an agency that is required or authorized under ,federal law in order to site1 construct1 reconstruct1 or commence operations of a covered project1 whether administered by a ,federal or ,state agency4 7#d7 ,cooperating agency ,the term cooperating agency means any agency with-- 7,a7 jurisdiction under ,federal law2 or 7,b7 special expertise as described in section #aeja4f of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#e7 ,council ,the term ,council means the ,federal ,infrastructure ,permitting ,improvement ,steering ,council established under section #dajjb7;a74 7#f7 ,covered project 7,a7 ,in general ,the term covered project means any activity in the ,united ,states that requires authorization or environmental review by a ,federal agency involving construction of infrastructure for renewable or conventional energy production1 electricity transmission1 surface transportation1 aviation1 ports and waterways1 water resource projects1 broadband1 pipelines1 manufacturing1 or any other sector as determined by a majority vote of the ,council that-- 7i7 7,i7 is subject to ,,nepa2 7,,ii7 is likely to require a total investment of more than #bjj1jjj1jjj2 and 7,,iii7 does not qualify for abbreviated authorization or environmental review processes under any applicable law2 or 7ii7 is subject to ,,nepa and the size and complexity of which1 in the opinion of the ,council1 make the project likely to benefit from enhanced oversight and coordination1 including a project likely to require-- 7,i7 authorization from or environmental review involving more than #b ,federal agencies2 or 7,,ii7 the preparation of an environmental impact statement under ,,nepa4 7,b7 ,exclusion ,the term covered project does not include-- 7i7 any project subject to section #aci of title #bc1 ,united ,states ,code2 or 7ii7 any project subject to section #bjde of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdh74 7#g7 ,dashboard ,the term ,dashboard means the ,permitting ,dashboard required under section #dajjc7;b74 7#h7 ,environmental assessment ,the term environmental assessment means a concise public document for which a ,federal agency is responsible under section #aejh4i of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#i7 ,environmental document 7,a7 ,in general ,the term environmental document means an environmental assessment1 finding of no significant impact1 notice of intent1 environmental impact statement1 or record of decision4 7,b7 ,inclusions ,the term environmental document includes-- 7i7 any document that is a supplement to a document described in subparagraph 7,a72 and 7ii7 a document prepared pursuant to a court order4 7#aj7 ,environmental impact statement ,the term environmental impact statement means the detailed written statement required under section #ajb7b77;,c7 of ,,nepa4 7#aa7 ,environmental review ,the term environmental review means the agency procedures and processes for applying a categorical exclusion or for preparing an environmental assessment1 an environmental impact statement1 or other document required under ,,nepa4 7#ab7 ,executive ,director ,the term ,executive ,director means the ,executive ,director appointed by the ,president under section #dajjb7;b77#a77;,a74 7#ac7 ,facilitating agency ,the term facilitating agency means the agency that receives the initial notification from the project sponsor required under section #dajjc7;a74 7#ad7 ,inventory ,the term inventory means the inventory of covered projects established by the ,executive ,director under section #dajjb7;c77#a77;,a74 7#ae7 ,lead agency ,the term lead agency means the agency with principal responsibility for an environmental review of a covered project under ,,nepa and parts #aejj through #aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#af7 ,,nepa ,the term ,,nepa means the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#ag7 ,participating agency ,the term participating agency means an agency participating in an environmental review or authorization for a covered project in accordance with section #dajjc4 7#ah7 ,project sponsor ,the term project sponsor means an entity1 including any private1 public1 or public-private entity1 seeking an authorization for a covered project4 #dajjb4 ,federal ,permitting ,improvement ,council 7a7 ,establishment ,there is established the ,federal ,permitting ,improvement ,steering ,council4 7b7 ,composition 7#a7 ,chair ,the ,executive ,director shall-- 7,a7 be appointed by the ,president2 and 7,b7 serve as ,chair of the ,council4 7#b7 ,council members 7,a7 ,in general 7i7 ,designation by head of agency ,each individual listed in subparagraph 7,b7 shall designate a member of the agency in which the individual serves to serve on the ,council4 7ii7 ,qualifications ,a councilmem-ber described in clause 7i7 shall hold a position in the agency of deputy secretary 7or the equivalent7 or higher4 7iii7 ,support 7,i7 ,in general ,consistent with guidance provided by the ,director of the ,office of ,management and ,budget1 each individual listed in subparagraph 7,b7 shall designate #a or more appropriate members of the agency in which the individual serves to serve as an agency ,,cerpo4 7,,ii7 ,reporting ,in carrying out the duties of the agency ,,cerpo under this title1 an agency ,,cerpo shall report directly to a deputy secretary 7or the equivalent7 or higher4 7,b7 ,heads of agencies ,the individuals that shall each designate a councilmember under this subparagraph are as follows3 7i7 ,the ,secretary of ,agriculture4 7ii7 ,the ,secretary of the ,army4 7iii7 ,the ,secretary of ,commerce4 7iv7 ,the ,secretary of the ,interior4 7v7 ,the ,secretary of ,energy4 7vi7 ,the ,secretary of ,transportation4 7vii7 ,the ,secretary of ,defense4 7viii7 ,the ,chairman of the ,federal ,energy ,regulatory ,commission4 7ix7 ,the ,chairman of the ,nuclear ,regulatory ,commission4 7x7 ,the ,secretary of ,homeland ,security4 7xi7 ,the ,secretary of ,housing and ,urban ,development4 7xii7 ,the ,chairman of the ,advisory ,council on ,historic ,preservation4 7xiii7 ,any other head of a ,federal agency that the ,executive ,director may invite to participate as a member of the ,council4 7#c7 ,additional members ,in addition to the members listed in paragraphs 7#a7 and 7#b71 the ,chairman of the ,council on ,environmental ,quality and the ,director of the ,office of ,management and ,budget shall also be members of the ,council4 7c7 ,duties 7#a7 ,executive ,director 7,a7 ,inventory development ,the ,executive ,director1 in consultation with the ,council1 shall-- 7i7 not later than #ahj days after the date of enactment of this ,act1 establish an inventory of covered projects that are pending the environmental review or authorization of the head of any ,federal agency2 7ii7 7,i7 categorize the projects in the inventory as appropriate1 based on sector and project type2 and 7,,ii7 for each category1 identify the types of environmental reviews and authorizations most commonly involved2 and 7iii7 add a covered project to the inventory after receiving a notice described in section #dajjc7;a77#a74 7,b7 ,facilitating agency designation ,the ,executive ,director1 in consultation with the ,council1 shall-- 7i7 designate a facilitating agency for each category of covered projects described in subparagraph 7,a77ii72 and 7ii7 publish the list of designated facilitating agencies for each category of projects in the inventory on the ,dashboard in an easily accessible format4 7,c7 ,performance schedules 7i7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,executive ,director1 in consultation with the ,council1 shall develop recommended performance schedules1 including intermediate and final completion dates1 for environmental reviews and authorizations most commonly required for each category of covered projects described in subparagraph 7,a77ii74 7ii7 ,requirements 7,i7 ,in general ,the performance schedules shall reflect employment of the use of the most efficient applicable processes4 7,,ii7 ,limit 7aa7 ,in general ,the final completion dates in any performance schedule for the completion of an environmental review or authorization under clause 7i7 shall not exceed the average time to complete an environmental review or authorization for a project within that category4 7bb7 ,calculation of average time ,the average time referred to in item 7aa7 shall be calculated on the basis of data from the preceding #b calendar years and shall run from the period beginning on the date on which the ,executive ,director must make a specific entry for the project on the ,dashboard under section #dajjc7;b77#b7 7except that1 for projects initiated before that duty takes effect1 the period beginning on the date of filing of a completed application71 and ending on the date of the issuance of a record of decision or other final agency action on the review or authorization4 7cc7 ,completion date ,each performance schedule shall specify that any decision by an agency on an environmental review or authorization must be issued not later than #ahj days after the date on which all information needed to complete the review or authorization 7including any hearing that an agency holds on the matter7 is in the possession of the agency4 7iii7 ,review and revision ,not later than #b years after the date on which the performance schedules are established under this subparagraph1 and not less frequently than once every #b years thereafter1 the ,executive ,director1 in consultation with the ,council1 shall review and revise the performance schedules4 7,d7 ,guidance ,the ,executive ,director1 in consultation with the ,council1 may recommend to the ,director of the ,office of ,management and ,budget or to the ,council on ,environmental ,quality1 as appropriate1 that guidance be issued as necessary for agencies-- 7i7 to carry out responsibilities under this title2 and 7ii7 to effectuate the adoption by agencies of the best practices and recommendations of the ,council described in paragraph 7#b74 7#b7 ,council 7,a7 ,recommendations 7i7 ,in general ,the ,council shall make recommendations to the ,executive ,director with respect to the designations under paragraph 7#a77;,b7 and the performance schedules under paragraph 7#a77;,c74 7ii7 ,update ,the ,council may update the recommendations described in clause 7i74 7,b7 ,best practices ,not later than #a year after the date of enactment of this ,act1 and not less frequently than annually thereafter1 the ,council shall issue recommendations on the best practices for-- 7i7 enhancing early stakeholder engagement1 including fully considering and1 as appropriate1 incorporating recommendations provided in public comments on any proposed covered project2 7ii7 ensuring timely decisions regarding environmental reviews and authorizations1 including through the development of performance metrics2 7iii7 improving coordination between ,federal and non-,federal governmental entities1 including through the development of common data standards and terminology across agencies2 7iv7 increasing transparency2 7v7 reducing information collection requirements and other administrative burdens on agencies1 project sponsors1 and other interested parties2 7vi7 developing and making available to applicants appropriate geographic information systems and other tools2 7vii7 creating and distributing training materials useful to ,federal1 ,state1 tribal1 and local permitting officials2 and 7viii7 addressing other aspects of infrastructure permitting1 as determined by the ,council4 7#c7 ,agency ,c,e,r,p,os ,an agency ,,cerpo shall-- 7,a7 advise the respective agency councilmember on matters related to environmental reviews and authorizations2 7,b7 provide technical support1 when requested to facilitate efficient and timely processes for environmental reviews and authorizations for covered projects under the jurisdictional responsibility of the agency1 including supporting timely identification and resolution of potential disputes within the agency or between the agency and other ,federal agencies2 7,c7 analyze agency environmental review and authorization processes1 policies1 and authorities and make recommendations to the respective agency councilmember for ways to standardize1 simplify1 and improve the efficiency of the processes1 policies1 and authorities1 including by implementing guidance issued under paragraph 7#a77;,d7 and other best practices1 including the use of information technology and geographic information system tools within the agency and across agencies1 to the extent consistent with existing law2 and 7,d7 review and develop training programs for agency staff that support and conduct environmental reviews or authorizations4 7d7 ,administrative support ,the ,director of the ,office of ,management and ,budget shall designate a ,federal agency1 other than an agency that carries out or provides support for projects that are not covered projects1 to provide administrative support for the ,executive ,director1 and the designated agency shall1 as reasonably necessary1 provide support and staff to enable the ,executive ,director to fulfill the duties of the ,executive ,director under this title4 #dajjc4 ,permitting process improvement 7a7 ,project initiation and designation of participating agencies 7#a7 ,notice 7,a7 ,in general ,a project sponsor of a covered project shall submit to the ,executive ,director and the facilitating agency notice of the initiation of a proposed covered project4 7,b7 ,default designation ,if1 at the time of submission of the notice under subparagraph 7,a71 the ,executive ,director has not designated a facilitating agency under section #dajjb7;c77#a77;,b7 for the categories of projects noticed1 the agency that receives the notice under subparagraph 7,a7 shall be designated as the facilitating agency4 7,c7 ,contents ,each notice described in subparagraph 7,a7 shall include-- 7i7 a statement of the purposes and objectives of the proposed project2 7ii7 a concise description1 including the general location of the proposed project and a summary of geospatial information1 if available1 illustrating the project area and the locations1 if any1 of environmental1 cultural1 and historic resources2 7iii7 a statement regarding the technical and financial ability of the project sponsor to construct the proposed project2 7iv7 a statement of any ,federal financing1 environmental reviews1 and authorizations anticipated to be required to complete the proposed project2 and 7v7 an assessment that the proposed project meets the definition of a covered project under section #dajja and a statement of reasons supporting the assessment4 7#b7 ,invitation 7,a7 ,in general ,not later than #de days after the date on which the ,executive ,director must make a specific entry for the project on the ,dashboard under subsection 7b77#b77;,a71 the facilitating agency or lead agency1 as applicable1 shall-- 7i7 identify all ,federal and non-,federal agencies and governmental entities likely to have financing1 environmental review1 authorization1 or other responsibilities with respect to the proposed project2 and 7ii7 invite all ,federal agencies identified under clause 7i7 to become a participating agency or a cooperating agency1 as appropriate1 in the environmental review and authorization management process described in section #dajje4 7,b7 ,deadlines ,each invitation made under subparagraph 7,a7 shall include a deadline for a response to be submitted to the facilitating or lead agency1 as applicable4 7#c7 ,participating and cooperating agencies 7,a7 ,in general ,an agency invited under paragraph 7#b7 shall be designated as a participating or cooperating agency for a covered project1 unless the agency informs the facilitating or lead agency1 as applicable1 in writing before the deadline under paragraph 7#b77;,b7 that the agency-- 7i7 has no jurisdiction or authority with respect to the proposed project2 or 7ii7 does not intend to exercise authority related to1 or submit comments on1 the proposed project4 7,b7 ,changed circumstances ,on request and a showing of changed circumstances1 the ,executive ,director may designate an agency that has opted out under subparagraph 7,a77ii7 to be a participating or cooperating agency1 as appropriate4 7#d7 ,effect of designation ,the designation described in paragraph 7#c7 shall not-- 7,a7 give the participating agency authority or jurisdiction over the covered project2 or 7,b7 expand any jurisdiction or authority a cooperating agency may have over the proposed project4 7#e7 ,lead agency designation 7,a7 ,in general ,on establishment of the lead agency1 the lead agency shall assume the responsibilities of the facilitating agency under this title4 7,b7 ,redesignation of facilitating agency ,if the lead agency assumes the responsibilities of the facilitating agency under subparagraph 7,a71 the facilitating agency may be designated as a cooperative or participating agency4 7#f7 ,change of facilitating or lead agency 7,a7 ,in general ,on the request of a participating agency or project sponsor1 the ,executive ,director may designate a different agency as the facilitating or lead agency1 as applicable1 for a covered project1 if the facilitating or lead agency or the ,executive ,director receives new information regarding the scope or nature of a covered project that indicates that the project should be placed in a different category under section #dajjb7;c77#a77;,b74 7,b7 ,resolution of dispute ,the ,executive ,director shall resolve any dispute over designation of a facilitating or lead agency for a particular covered project4 7b7 ,permitting ,dashboard 7#a7 ,requirement to maintain 7,a7 ,in general ,the ,executive ,director1 in coordination with the ,administrator of ,general ,services1 shall maintain an online database to be known as the ,permitting ,dashboard to track the status of ,federal environmental reviews and authorizations for any covered project in the inventory described in section #dajjb7;c77#a77;,a74 7,b7 ,specific and searchable entry ,the ,dashboard shall include a specific and searchable entry for each covered project4 7#b7 ,additions 7,a7 ,in general 7i7 ,existing projects ,not later than #ad days after the date on which the ,executive ,director adds a project to the inventory under section #dajjb7;c77#a77;,a71 the ,executive ,director shall create a specific entry on the ,dashboard for the covered project4 7ii7 ,new projects ,not later than #ad days after the date on which the ,executive ,director receives a notice under subsection 7a77#a71 the ,executive ,director shall create a specific entry on the ,dashboard for the covered project1 unless the ,executive ,director1 facilitating agency1 or lead agency1 as applicable1 determines that the project is not a covered project4 7,b7 ,explanation ,if the facilitating agency or lead agency1 as applicable1 determines that the project is not a covered project1 the project sponsor may submit a further explanation as to why the project is a covered project not later than #ad days after the date of the determination under subparagraph 7,a74 7,c7 ,final determination ,not later than #ad days after receiving an explanation described in subparagraph 7,b71 the ,executive ,director shall-- 7i7 make a final and conclusive determination as to whether the project is a covered project2 and 7ii7 if the ,executive ,director determines that the project is a covered project1 create a specific entry on the ,dashboard for the covered project4 7#c7 ,postings by agencies 7,a7 ,in general ,for each covered project added to the ,dashboard under paragraph 7#b71 the facilitating or lead agency1 as applicable1 and each cooperating and participating agency shall post to the ,dashboard-- 7i7 a hyperlink that directs to a website that contains1 to the extent consistent with applicable law-- 7,i7 the notification submitted under subsection 7a77#a72 7,,ii7 7aa7 where practicable1 the application and supporting documents1 if applicable1 that have been submitted by a project sponsor for any required environmental review or authorization2 or 7bb7 a notice explaining how the public may obtain access to such documents2 7,,iii7 a description of any ,federal agency action taken or decision made that materially affects the status of a covered project2 7,,iv7 any significant document that supports the action or decision described in subclause 7,,iii72 and 7,v7 a description of the status of any litigation to which the agency is a party that is directly related to the project1 including1 if practicable1 any judicial document made available on an electronic docket maintained by a ,federal1 ,state1 or local court2 and 7ii7 any document described in clause 7i7 that is not available by hyperlink on another website4 7,b7 ,deadline ,the information described in subparagraph 7,a7 shall be posted to the website made available by hyperlink on the ,dashboard not later than #e business days after the date on which the ,federal agency receives the information4 7#d7 ,postings by the ,executive ,director ,the ,executive ,director shall publish to the ,dashboard-- 7,a7 the permitting timetable established under subparagraph 7,a7 or 7,c7 of subsection 7c77#b72 7,b7 the status of the compliance of each agency with the permitting timetable2 7,c7 any modifications of the permitting timetable2 7,d7 an explanation of each modification described in subparagraph 7,c72 and 7,e7 any memorandum of understanding established under subsection 7c77#c77;,b74 7c7 ,coordination and timetables 7#a7 ,coordinated project plan 7,a7 ,in general ,not later than #fj days after the date on which the ,executive ,director must make a specific entry for the project on the ,dashboard under subsection 7b77#b77;,a71 the facilitating or lead agency1 as applicable1 in consultation with each coordinating and participating agency1 shall establish a concise plan for coordinating public and agency participation in1 and completion of1 any required ,federal environmental review and authorization for the project4 7,b7 ,required information ,the ,coordinated ,project ,plan shall include the following information and be updated by the facilitating or lead agency1 as applicable1 at least once per quarter3 7i7 ,a list of1 and roles and responsibilities for1 all entities with environmental review or authorization responsibility for the project4 7ii7 ,a permitting timetable1 as described in paragraph 7#b71 setting forth a comprehensive schedule of dates by which all environmental reviews and authorizations1 and to the maximum extent practicable1 ,state permits1 reviews and approvals must be made4 7iii7 ,a discussion of potential avoidance1 minimization1 and mitigation strategies1 if required by applicable law and known4 7iv7 ,plans and a schedule for public and tribal outreach and coordination1 to the extent required by applicable law4 7,c7 ,memorandum of understanding ,the coordinated project plan described in subparagraph 7,a7 may be incorporated into a memorandum of understanding4 7#b7 ,permitting timetable 7,a7 ,establishment 7i7 ,in general ,as part of the coordination project plan under paragraph 7#a71 the facilitating or lead agency1 as applicable1 in consultation with each cooperating and participating agency1 the project sponsor1 and any ,state in which the project is located1 shall establish a permitting timetable that includes intermediate and final completion dates for action by each participating agency on any ,federal environmental review or authorization required for the project4 7ii7 ,consensus ,in establishing a permitting timetable under clause 7i71 each agency shall1 to the maximum extent practicable1 make efforts to reach a consensus4 7,b7 ,factors for consideration ,in establishing the permitting timetable under subparagraph 7,a71 the facilitating or lead agency shall follow the performance schedules established under section #dajjb7;c77#a77;,c71 but may vary the timetable based on relevant factors1 including-- 7i7 the size and complexity of the covered project2 7ii7 the resources available to each participating agency2 7iii7 the regional or national economic significance of the project2 7iv7 the sensitivity of the natural or historic resources that may be affected by the project2 7v7 the financing plan for the project2 and 7vi7 the extent to which similar projects in geographic proximity to the project were recently subject to environmental review or similar procedures under ,state law4 7,c7 ,dispute resolution 7i7 ,in general ,the ,executive ,director1 in consultation with appropriate agency ,c,e,r,p,os and the project sponsor1 shall1 as necessary1 mediate any disputes regarding the permitting timetable established under subparagraph 7,a74 7ii7 ,disputes ,if a dispute remains unresolved #cj days after the date on which the dispute was submitted to the ,executive ,director1 the ,director of the ,office of ,management and ,budget1 in consultation with the ,chairman of the ,council on ,environmental ,quality1 shall facilitate a resolution of the dispute and direct the agencies party to the dispute to resolve the dispute by the end of the #fj-;day period beginning on the date of submission of the dispute to the ,executive ,director4 7iii7 ,final resolution ,any action taken by the ,director of the ,office of ,management and ,budget in the resolution of a dispute under clause 7ii7 shall-- 7,i7 be final and conclusive2 and 7,,ii7 not be subject to judicial review4 7,d7 ,modification after approval 7i7 ,in general ,the facilitating or lead agency1 as applicable1 may modify a permitting timetable established under subparagraph 7,a7 only if-- 7,i7 the facilitating or lead agency1 as applicable1 and the affected cooperating agencies1 after consultation with the participating agencies and the project sponsor1 agree to a different completion date2 7,,ii7 the facilitating agency or lead agency1 as applicable1 or the affected cooperating agency provides a written justification for the modification2 and 7,,iii7 in the case of a modification that would necessitate an extension of a final completion date under a permitting timetable established under subparagraph 7,a7 to a date more than #cj days after the final completion date originally established under subparagraph 7,a71 the facilitating or lead agency submits a request to modify the permitting timetable to the ,executive ,director1 who shall consult with the project sponsor and make a determination on the record1 based on consideration of the relevant factors described under subparagraph 7,b71 whether to grant the facilitating or lead agency1 as applicable1 authority to make such modification4 7ii7 ,completion date ,a completion date in the permitting timetable may not be modified within #cj days of the completion date4 7iii7 ,limitation on length of modifications 7,i7 ,in general ,except as provided in subclause 7,,ii71 the total length of all modifications to a permitting timetable authorized or made under this subparagraph1 other than for reasons outside the control of ,federal1 ,state1 local1 or tribal governments1 may not extend the permitting timetable for a period of time greater than half of the amount of time from the establishment of the permitting timetable under subparagraph 7,a7 to the last final completion date originally established under subparagraph 7,a74 7,,ii7 ,additional extensions ,the ,director of the ,office of ,management and ,budget1 after consultation with the project sponsor1 may permit the ,executive ,director to authorize additional extensions of a permitting timetable beyond the limit prescribed by subclause 7,i74 ,in such a case1 the ,director of the ,office of ,management and ,budget shall transmit1 not later than #e days after making a determination to permit an authorization of extension under this subclause1 a report to ,congress explaining why such modification is required4 ,such report shall explain to ,congress with specificity why the original permitting timetable and the modifications authorized by the ,executive ,director failed to be adequate4 ,the lead or facilitating agency1 as applicable1 shall transmit to ,congress1 the ,director of the ,office of ,management and ,budget1 and the ,executive ,director a supplemental report on progress toward the final completion date each year thereafter1 until the permit review is completed or the project sponsor withdraws its notice or application or other request to which this title applies under section #dajaj4 7iv7 ,limitation on judicial review ,the following shall not be subject to judicial review3 7,i7 ,a determination by the ,executive ,director under clause 7i77,,iii74 7,,ii7 ,a determination under clause 7iii77,,ii7 by the ,director of the ,office of ,management and ,budget to permit the ,executive ,director to authorize extensions of a permitting timetable4 7,e7 ,consistency with other time periods ,a permitting timetable established under subparagraph 7,a7 shall be consistent with any other relevant time periods established under ,federal law and shall not prevent any cooperating or participating agency from discharging any obligation under ,federal law in connection with the project4 7,f7 ,conforming to permitting timetables 7i7 ,in general ,each ,federal agency shall conform to the completion dates set forth in the permitting timetable established under subparagraph 7,a71 or with any completion date modified under subparagraph 7,d74 7ii7 ,failure to conform ,if a ,federal agency fails to conform with a completion date for agency action on a covered project or is at significant risk of failing to conform with such a completion date1 the agency shall-- 7,i7 promptly submit to the ,executive ,director for publication on the ,dashboard an explanation of the specific reasons for failing or significantly risking failing to conform to the completion date and a proposal for an alternative completion date2 7,,ii7 in consultation with the facilitating or lead agency1 as applicable1 establish an alternative completion date2 and 7,,iii7 each month thereafter until the agency has taken final action on the delayed authorization or review1 submit to the ,executive ,director for posting on the ,dashboard a status report describing any agency activity related to the project4 7,g7 ,abandonment of covered project 7i7 ,in general ,if the facilitating or lead agency1 as applicable1 has a reasonable basis to doubt the continuing technical or financial ability of the project sponsor to construct the covered project1 the facilitating or lead agency may request the project sponsor provide an updated statement regarding the ability of the project sponsor to complete the project4 7ii7 ,failure to respond ,if the project sponsor fails to respond to a request described in clause 7i7 by the date that is #cj days after receiving the request1 the lead or facilitating agency1 as applicable1 shall notify the ,executive ,director1 who shall publish an appropriate notice on the ,dashboard4 7iii7 ,publication to ,dashboard ,on publication of a notice under clause 7ii71 the completion dates in the permitting timetable shall be tolled and agencies shall be relieved of the obligation to comply with subparagraph 7,f7 until such time as the project sponsor submits to the facilitating or lead agency1 as applicable1 an updated statement regarding the technical and financial ability of the project sponsor to construct the project4 7#c7 ,cooperating ,state1 local1 or tribal governments 7,a7 ,state authority ,if the ,federal environmental review is being implemented within the boundaries of a ,state1 the ,state1 consistent with ,state law1 may choose to participate in the environmental review and authorization process under this subsection and to make subject to the process all ,state agencies that-- 7i7 have jurisdiction over the covered project2 7ii7 are required to conduct or issue a review1 analysis1 opinion1 or statement for the covered project2 or 7iii7 are required to make a determination on issuing a permit1 license1 or other approval or decision for the covered project4 7,b7 ,coordination ,to the maximum extent practicable under applicable law1 the facilitating or lead agency1 as applicable1 shall coordinate the ,federal environmental review and authorization processes under this subsection with any ,state1 local1 or tribal agency responsible for conducting any separate review or authorization of the covered project to ensure timely and efficient completion of environmental reviews and authorizations4 7,c7 ,memorandum of understanding 7i7 ,in general ,any coordination plan between the facilitating or lead agency1 as applicable1 and any ,state1 local1 or tribal agency shall1 to the maximum extent practicable1 be included in a memorandum of understanding4 7ii7 ,submission to ,executive ,director ,the facilitating or lead agency1 as applicable1 shall submit to the ,executive ,director each memorandum of understanding described in clause 7i74 7d7 ,early consultation ,the facilitating or lead agency1 as applicable1 shall provide an expeditious process for project sponsors to confer with each cooperating and participating agency involved and1 not later than #fj days after the date on which the project sponsor submits a request under this subsection1 to have each such agency provide to the project sponsor information concerning-- 7#a7 the availability of information and tools1 including pre-application toolkits1 to facilitate early planning efforts2 7#b7 key issues of concern to each agency and to the public2 and 7#c7 issues that must be addressed before an environmental review or authorization can be completed4 7e7 ,cooperating agency 7#a7 ,in general ,a lead agency may designate a participating agency as a cooperating agency in accordance with part #aeja of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,effect on other designation ,the designation described in paragraph 7#a7 shall not affect any designation under subsection 7a77#c74 7#c7 ,limitation on designation ,any agency not designated as a participating agency under subsection 7a77#c7 shall not be designated as a cooperating agency under paragraph 7#a74 7f7 ,reporting status of other projects on ,dashboard 7#a7 ,in general ,on request of the ,executive ,director1 the ,secretary and the ,secretary of the ,army shall use best efforts to provide information for inclusion on the ,dashboard on projects subject to section #aci of title #bc1 ,united ,states ,code1 and section #bjde of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdh7 likely to require-- 7,a7 a total investment of more than #bjj1jjj1jjj2 and 7,b7 an environmental impact statement under ,,nepa4 7#b7 ,effect of inclusion on ,dashboard ,inclusion on the ,dashboard of information regarding projects subject to section #aci of title #bc1 ,united ,states ,code1 or section #bjde of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdh7 shall not subject those projects to any requirements of this title4 #dajjd4 ,interstate compacts 7a7 ,in general ,the consent of ,congress is given for #c or more contiguous ,states to enter into an interstate compact establishing regional infrastructure development agencies to facilitate authorization and review of covered projects1 under ,state law or in the exercise of delegated permitting authority described under section #dajjf1 that will advance infrastructure development1 production1 and generation within the ,states that are parties to the compact4 7b7 ,regional infrastructure ,for the purpose of this title1 a regional infrastructure development agency referred to in subsection 7a7 shall have the same authorities and responsibilities of a ,state agency4 #dajje4 ,coordination of required reviews 7a7 ,concurrent reviews ,to integrate environmental reviews and authorizations1 each agency shall1 to the maximum extent practicable-- 7#a7 carry out the obligations of the agency with respect to a covered project under any other applicable law concurrently1 and in conjunction with1 other environmental reviews and authorizations being conducted by other cooperating or participating agencies1 including environmental reviews and authorizations required under ,,nepa1 unless the agency determines that doing so would impair the ability of the agency to carry out the statutory obligations of the agency2 and 7#b7 formulate and implement administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely1 coordinated1 and environmentally responsible manner4 7b7 ,adoption1 incorporation by reference1 and use of documents 7#a7 ,state environmental documents2 supplemental documents 7,a7 ,use of existing documents 7i7 ,in general ,on the request of a project sponsor1 a lead agency shall consider and1 as appropriate1 adopt or incorporate by reference1 the analysis and documentation that has been prepared for a covered project under ,state laws and procedures as the documentation1 or part of the documentation1 required to complete an environmental review for the covered project1 if the analysis and documentation were1 as determined by the lead agency in consultation with the ,council on ,environmental ,quality1 prepared under circumstances that allowed for opportunities for public participation and consideration of alternatives and environmental consequences that are substantially equivalent to what would have been available had the documents and analysis been prepared by a ,federal agency pursuant to ,,nepa4 7ii7 ,guidance by ,,ceq ,the ,council on ,environmental ,quality may issue guidance to carry out this subsection4 7,b7 ,,nepa obligations ,an environmental document adopted under subparagraph 7,a7 or a document that includes documentation incorporated under subparagraph 7,a7 may serve as the documentation required for an environmental review or a supplemental environmental review required to be prepared by a lead agency under ,,nepa4 7,c7 ,supplementation of ,state documents ,if the lead agency adopts or incorporates analysis and documentation described in subparagraph 7,a71 the lead agency shall prepare and publish a supplemental document if the lead agency determines that during the period after preparation of the analysis and documentation and before the adoption or incorporation-- 7i7 a significant change has been made to the covered project that is relevant for purposes of environmental review of the project2 or 7ii7 there has been a significant circumstance or new information has emerged that is relevant to the environmental review for the covered project4 7,d7 ,comments ,if a lead agency prepares and publishes a supplemental document under subparagraph 7,c71 the lead agency shall solicit comments from other agencies and the public on the supplemental document for a period of not more than #de days1 beginning on the date on which the supplemental document is published1 unless-- 7i7 the lead agency1 the project sponsor1 and any cooperating agency agree to a longer deadline2 or 7ii7 the lead agency extends the deadline for good cause4 7,e7 ,notice of outcome of environmental review ,a lead agency shall issue a record of decision or finding of no significant impact1 as appropriate1 based on the document adopted under subparagraph 7,a7 and any supplemental document prepared under subparagraph 7,c74 7c7 ,alternatives analysis 7#a7 ,participation ,as early as practicable during the environmental review1 but not later than the commencement of scoping for a project requiring the preparation of an environmental impact statement1 the lead agency1 in consultation with each cooperating agency1 shall determine the range of reasonable alternatives to be considered for a covered project4 7#b7 ,range of alternatives 7,a7 ,in general ,following participation under paragraph 7#a7 and subject to subparagraph 7,b71 the lead agency shall determine the range of reasonable alternatives for consideration in any document that the lead agency is responsible for preparing for the covered project4 7,b7 ,alternatives required by law ,in determining the range of alternatives under subparagraph 7,a71 the lead agency shall include all alternatives required to be considered by law4 7#c7 ,methodologies 7,a7 ,in general ,the lead agency shall determine1 in collaboration with each cooperating agency at appropriate times during the environmental review1 the methodologies to be used and the level of detail required in the analysis of each alternative for a covered project4 7,b7 ,environmental review ,a cooperating agency shall use the methodologies referred to in subparagraph 7,a7 when conducting any required environmental review1 to the extent consistent with existing law4 7#d7 ,preferred alternative ,with the concurrence of the cooperating agencies with jurisdiction under ,federal law and at the discretion of the lead agency1 the preferred alternative for a project1 after being identified1 may be developed to a higher level of detail than other alternatives to facilitate the development of mitigation measures or concurrent compliance with other applicable laws if the lead agency determines that the development of the higher level of detail will not prevent-- 7,a7 the lead agency from making an impartial decision as to whether to accept another alternative that is being considered in the environmental review2 and 7,b7 the public from commenting on the preferred and other alternatives4 7d7 ,environmental review comments 7#a7 ,comments on draft environmental impact statement ,for comments by an agency or the public on a draft environmental impact statement1 the lead agency shall establish a comment period of not less than #de days and not more than #fj days after the date on which a notice announcing availability of the environmental impact statement is published in the ,federal ,register1 unless-- 7,a7 the lead agency1 the project sponsor1 and any cooperating agency agree to a longer deadline2 or 7,b7 the lead agency1 in consultation with each cooperating agency1 extends the deadline for good cause4 7#b7 ,other review and comment periods ,for all other review or comment periods in the environmental review process described in parts #aejj through #aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 the lead agency shall establish a comment period of not more than #de days after the date on which the materials on which comment is requested are made available1 unless-- 7,a7 the lead agency1 the project sponsor1 and any cooperating agency agree to a longer deadline2 or 7,b7 the lead agency extends the deadline for good cause4 7e7 ,issue identification and resolution 7#a7 ,cooperation ,the lead agency and each cooperating and participating agency shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of an environmental review or an authorization required for the project under applicable law or result in the denial of any approval under applicable law4 7#b7 ,lead agency responsibilities 7,a7 ,in general ,the lead agency shall make information available to each cooperating and participating agency and project sponsor as early as practicable in the environmental review regarding the environmental1 historic1 and socioeconomic resources located within the project area and the general locations of the alternatives under consideration4 7,b7 ,sources of information ,the information described in subparagraph 7,a7 may be based on existing data sources1 including geographic information systems mapping4 7#c7 ,cooperating and participating agency responsibilities ,each cooperating and participating agency shall-- 7,a7 identify1 as early as practicable1 any issues of concern regarding any potential environmental impacts of the covered project1 including any issues that could substantially delay or prevent an agency from completing any environmental review or authorization required for the project2 and 7,b7 communicate any issues described in subparagraph 7,a7 to the project sponsor4 7f7 ,categories of projects ,the authorities granted under this section may be exercised for an individual covered project or a category of covered projects4 #dajjf4 ,delegated ,state permitting programs 7a7 ,in general ,if a ,federal statute permits a ,federal agency to delegate to or otherwise authorize a ,state to issue or otherwise administer a permit program in lieu of the ,federal agency1 the ,federal agency with authority to carry out the statute shall-- 7#a7 on publication by the ,council of best practices under section #dajjb7;c77#b77;,b71 initiate a national process1 with public participation1 to determine whether and the extent to which any of the best practices are generally applicable on a delegation- or authorization-wide basis to permitting under the statute2 and 7#b7 not later than #b years after the date of enactment of this ,act1 make model recommendations for ,state modifications of the applicable permit program to reflect the best practices described in section #dajjb7;c77#b77;,b71 as appropriate4 7b7 ,best practices ,lead and cooperating agencies may share with ,state1 tribal1 and local authorities best practices involved in review of covered projects and invite input from ,state1 tribal1 and local authorities regarding best practices4 #dajjg4 ,litigation1 judicial review1 and savings provision 7a7 ,limitations on claims 7#a7 ,in general ,notwithstanding any other provision of law1 a claim arising under ,federal law seeking judicial review of any authorization issued by a ,federal agency for a covered project shall be barred unless-- 7,a7 the action is filed not later than #b years after the date of publication in the ,federal ,register of the final record of decision or approval or denial of a permit1 unless a shorter time is specified in the ,federal law under which judicial review is allowed2 and 7,b7 in the case of an action pertaining to an environmental review conducted under ,,nepa-- 7i7 the action is filed by a party that submitted a comment during the environmental review or a party that lacked a reasonable opportunity to submit a comment2 and 7ii7 a party filed a sufficiently detailed comment so as to put the lead agency on notice of the issue on which the party seeks judicial review4 7#b7 ,new information 7,a7 ,in general ,the head of a lead agency or participating agency shall consider new information received after the close of a comment period if the information satisfies the requirements under regulations implementing ,,nepa4 7,b7 ,separate action ,if ,federal law requires the preparation of a supplemental environmental impact statement or other supplemental environmental document1 the preparation of such document shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the agency action shall be #b years after the date on which a notice announcing the final agency action is published in the ,federal ,register1 unless a shorter time is specified in the ,federal law under which judicial review is allowed4 7#c7 ,rule of construction ,nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of an authorization4 7b7 ,preliminary injunctive relief ,in addition to considering any other applicable equitable factors1 in any action seeking a temporary restraining order or preliminary injunction against an agency or a project sponsor in connection with review or authorization of a covered project1 the court shall-- 7#a7 consider the effects on public health1 safety1 and the environment1 the potential for significant job losses1 and other economic harm resulting from an order or injunction2 and 7#b7 not presume that the harms described in paragraph 7#a7 are reparable4 7c7 ,judicial review ,except as provided in subsection 7a71 nothing in this title affects the reviewability of any final ,federal agency action in a court of competent jurisdiction4 7d7 ,savings clause ,nothing in this title-- 7#a7 supersedes1 amends1 or modifies any ,federal statute or affects the responsibility of any ,federal officer to comply with or enforce any statute2 or 7#b7 creates a presumption that a covered project will be approved or favorably reviewed by any agency4 7e7 ,limitations ,nothing in this section preempts1 limits1 or interferes with-- 7#a7 any practice of seeking1 considering1 or responding to public comment2 or 7#b7 any power1 jurisdiction1 responsibility1 or authority that a ,federal1 ,state1 or local governmental agency1 metropolitan planning organization1 ,indian tribe1 or project sponsor has with respect to carrying out a project or any other provisions of law applicable to any project1 plan1 or program4 #dajjh4 ,report to ,congress 7a7 ,in general ,not later than ,april #ae of each year for #aj years beginning on the date of enactment of this ,act1 the ,executive ,director shall submit to ,congress a report detailing the progress accomplished under this title during the previous fiscal year4 7b7 ,contents ,the report described in subsection 7a7 shall assess the performance of each participating agency and lead agency based on the best practices described in section #dajjb7;c77#b77;,b74 7c7 ,opportunity ,to include comments ,each councilmember1 with input from the respective agency ,,cerpo1 shall have the opportunity to include comments concerning the performance of the agency in the report described in subsection 7a74 #dajji4 ,funding for governance1 oversight1 and processing of environmental reviews and permits 7a7 ,in general ,the heads of agencies listed in section #dajjb7;b77#b77;,b71 with the guidance of the ,director of the ,office of ,management and ,budget and in consultation with the ,executive ,director1 may1 after public notice and opportunity for comment1 issue regulations establishing a fee structure for project proponents to reimburse the ,united ,states for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects4 7b7 ,reasonable costs ,as used in this section1 the term reasonable costs shall include costs to implement the requirements and authorities required under sections #dajjb and #dajjc1 including the costs to agencies and the costs of operating the ,council4 7c7 ,fee structure ,the fee structure established under subsection 7a7 shall-- 7#a7 be developed in consultation with affected project proponents1 industries1 and other stakeholders2 7#b7 exclude parties for which the fee would impose an undue financial burden or is otherwise determined to be inappropriate2 and 7#c7 be established in a manner that ensures that the aggregate amount of fees collected for a fiscal year is estimated not to exceed #bj percent of the total estimated costs for the fiscal year for the resources allocated for the conduct of the environmental reviews and authorizations covered by this title1 as determined by the ,director of the ,office of ,management and ,budget4 7d7 ,environmental review and permitting improvement fund 7#a7 ,in general ,all amounts collected pursuant to this section shall be deposited into a separate fund in the ,treasury of the ,united ,states to be known as the ,environmental ,review ,improvement ,fund 7referred to in this section as the ,fund74 7#b7 ,availability ,amounts in the ,fund shall be available to the ,executive ,director1 without appropriation or fiscal year limitation1 solely for the purposes of administering1 implementing1 and enforcing this title1 including the expenses of the ,council4 7#c7 ,transfer ,the ,executive ,director1 with the approval of the ,director of the ,office of ,management and ,budget1 may transfer amounts in the ,fund to other agencies to facilitate timely and efficient environmental reviews and authorizations for proposed covered projects4 7e7 ,effect on permitting ,the regulations adopted pursuant to subsection 7a7 shall ensure that the use of funds accepted under subsection 7d7 will not impact impartial decision-making with respect to environmental reviews or authorizations1 either substantively or procedurally4 7f7 ,transfer of appropriated funds 7#a7 ,in general ,the heads of agencies listed in section #dajjb7;b77#b77;,b7 shall have the authority to transfer1 in accordance with section #aece of title #ca1 ,united ,states ,code1 funds appropriated to those agencies and not otherwise obligated to other affected ,federal agencies for the purpose of implementing the provisions of this title4 7#b7 ,limitation ,appropriations under title #bc1 ,united ,states ,code and appropriations for the civil works program of the ,army ,corps of ,engineers shall not be available for transfer under paragraph 7#a74 #dajaj4 ,application ,this title applies to any covered project for which-- 7#a7 a notice is filed under section #dajjc7;a77#a72 or 7#b7 an application or other request for a ,federal authorization is pending before a ,federal agency #ij days after the date of enactment of this ,act4 #dajaa4 ,,gao ,report ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes an analysis of whether the provisions of this title could be adapted to streamline the ,federal permitting process for smaller projects that are not covered projects4 ,,xlii ,additional provisions #dbjja4 ,determination of certain spending and tax burdens by ,state 7a7 ,calculation of ,federal revenue contributions by ,state 7#a7 ,in general ,the ,secretary of ,treasury1 acting through the ,commissioner of the ,internal ,revenue ,service1 shall calculate the ,federal tax burden of each ,state for each calendar year4 7#b7 ,calculation of ,federal tax burden ,for purposes of calculating the ,federal tax burden of each ,state under paragraph 7#a71 the ,secretary shall-- 7,a7 treat ,federal taxes paid by an individual as a burden on the ,state in which such individual resides2 and 7,b7 treat ,federal taxes paid by a legal business entity as a burden on each ,state in which economic activity of such entity is performed in the same proportion that the economic activity of such entity in such ,state bears to the economic activity of such entity in all the ,states4 7#c7 ,report ,not later than the date that is #ahj days after the beginning of each calendar year1 the ,secretary of the ,treasury shall-- 7,a7 submit to ,congress a report containing the results of the calculations described in sections #a and #b with respect to such calendar year2 and 7,b7 publish the report on a publicly accessible website of the ,internal ,revenue ,service4 7b7 ,annual report on the flow of transportation funds by ,state 7#a7 ,in general ,not later than the first ,monday in ,february of each year1 the ,secretary of ,transportation shall1 in consultation with the ,secretary of the ,treasury1 submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure1 and the ,committee on ,ways and ,means of the ,house of ,representatives a report that includes-- 7,a7 a description of the total amount of the funds authorized by this ,act which were obligated with respect to each ,state during the last ending fiscal year2 7,b7 a description of the total amount of revenue contributed from each ,state to the ,highway ,trust ,fund during such fiscal year4 7#b7 ,determination of ,state amounts ,for purposes of this subsection-- 7,a7 ,in general the ,state with respect to which an amount is obligated and the ,state from which revenue is contributed shall be determined under principles similar to the principles for determining the ,federal tax burden of each ,state under subsection 7a74 7,b7 ,special rule for general fund transfers ,for purposes of paragraph 7#a77;,b71 any transfer from the general fund of the ,treasury to the ,highway ,trust ,fund during any fiscal year shall be taken into account as revenue contributed from each ,state in proportion to each ,state's ,federal tax burden 7as determined under subsection 7a77 for the calendar year in which such fiscal year began4 #dbjjb4 ,,gao report on refunds to registered vendors of kerosene used in noncommercial aviation ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study regarding payments made to vendors of kerosene used in noncommercial aviation under section #fdbg7l77#d77;,c77ii7 of the ,internal ,revenue ,code of #aihf2 and 7#b7 submit to the appropriate committees of ,congress a report describing the results of such study1 which shall include estimates of-- 7,a7 the number of vendors of kerosene used in noncommercial aviation who are registered under section #daja of such ,code2 7,b7 the number of vendors of kerosene used in noncommercial aviation who are not so registered2 7,c7 the number of vendors described in subparagraph 7,a7 who receive payments under section #fdbg7l77#d77;,c77ii7 of such ,code2 7,d7 the excess of-- 7i7 the amount of payments which would be made under section #fdbg7l77#d77;,c77ii7 of such ,code if all vendors of kerosene used in noncommercial aviation were registered and filed claims for such payments1 over 7ii7 the amount of payments actually made under such section2 and 7,e7 the number of cases of diesel truck operators fraudulently using kerosene taxed for use in aviation4 ,,xliii ,requirements regarding rule makings #dcjja4 ,requirements regarding rule makings ,for each publication in the ,federal ,register required to be made by law and pertaining to a rule made to carry out this ,act or the amendments made by this ,act1 the agency making the rule shall include in such publication a list of information on which the rule is based1 including data1 scientific and economic studies1 and cost-benefit analyses1 and identify how the public can access such information online4 ,e ,export-,import ,bank of the ,united ,states #ejjja4 ,short title ,this division may be cited as the ,export-,import ,bank ,reform and ,reauthorization ,act of #bjae4 ,,li ,taxpayer protection provisions and increased accountability #eajja4 ,reduction in authorized amount of outstanding loans1 guarantees1 and insurance ,section #f7;a7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;e7a77 is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,applicable amount defined ,in this subsection1 the term applicable amount1 for each of fiscal years #bjae through #bjai1 means #ace1jjj1jjj1jjj4 7#c7 ,freezing of lending cap if default rate is #b percent or more ,if the rate calculated under section #h7;g77#a7 is #b percent or more for a quarter1 the ,bank may not exceed the amount of loans1 guarantees1 and insurance outstanding on the last day of that quarter until the rate calculated under section #h7;g77#a7 is less than #b percent4 4 #eajjb4 ,increase in loss reserves 7a7 ,in general ,section #f of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;e7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,reserve requirement ,the ,bank shall build to and hold in reserve1 to protect against future losses1 an amount that is not less than #e percent of the aggregate amount of disbursed and outstanding loans1 guarantees1 and insurance of the ,bank4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is one year after the date of the enactment of this ,act4 #eajjc4 ,review of fraud controls ,section #ag7;b7 of the ,export-,import ,bank ,reauthorization ,act of #bjab 7#ab ,u4,s4,c4 #fce;a-#f7;b77 is amended to read as follows3 7b7 ,review of fraud controls ,not later than #d years after the date of the enactment of the ,export-,import ,bank ,reform and ,reauthorization ,act of #bjae1 and every #d years thereafter1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 review the adequacy of the design and effectiveness of the controls used by the ,export-,import ,bank of the ,united ,states to prevent1 detect1 and investigate fraudulent applications for loans and guarantees and the compliance by the ,bank with the controls1 including by auditing a sample of ,bank transactions2 and 7#b7 submit a written report regarding the findings of the review and providing such recommendations with respect to the controls described in paragraph 7#a7 as the ,comptroller ,general deems appropriate to-- 7,a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,financial ,services and the ,committee on ,appropriations of the ,house of ,representatives4 4 #eajjd4 ,office of ,ethics ,section #c of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;a7 is amended by adding at the end the following3 7k7 ,office of ,ethics 7#a7 ,establishment ,there is established an ,office of ,ethics within the ,bank1 which shall oversee all ethics issues within the ,bank4 7#b7 ,head of office 7,a7 ,in general ,the head of the ,office of ,ethics shall be the ,chief ,ethics ,officer1 who shall report to the ,board of ,directors4 7,b7 ,appointment ,not later than #ahj days after the date of the enactment of the ,export-,import ,bank ,reform and ,reauthorization ,act of #bjae1 the ,chief ,ethics ,officer shall be-- 7i7 appointed by the ,president of the ,bank from among persons-- 7,i7 with a background in law who have experience in the fields of law and ethics2 and 7,,ii7 who are not serving in a position requiring appointment by the ,president of the ,united ,states before being appointed to be ,chief ,ethics ,officer2 and 7ii7 approved by the ,board4 7,c7 ,designated agency ethics official ,the ,chief ,ethics ,officer shall serve as the designated agency ethics official for the ,bank pursuant to the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app4 #aja et seq474 7#c7 ,duties ,the ,office of ,ethics has jurisdiction over all employees of1 and ethics matters relating to1 the ,bank4 ,with respect to employees of the ,bank1 the ,office of ,ethics shall-- 7,a7 recommend administrative actions to establish or enforce standards of official conduct2 7,b7 refer to the ,office of the ,inspector ,general of the ,bank alleged violations of-- 7i7 the standards of ethical conduct applicable to employees of the ,bank under parts #bfce and #fbja of title #e1 ,code of ,federal ,regulations2 7ii7 the standards of ethical conduct established by the ,chief ,ethics ,officer2 and 7iii7 any other laws1 rules1 or regulations governing the performance of official duties or the discharge of official responsibilities that are applicable to employees of the ,bank2 7,c7 report to appropriate ,federal or ,state authorities substantial evidence of a violation of any law applicable to the performance of official duties that may have been disclosed to the ,office of ,ethics2 and 7,d7 render advisory opinions regarding the propriety of any current or proposed conduct of an employee or contractor of the ,bank1 and issue general guidance on such matters as necessary4 4 #eajje4 ,chief ,risk ,officer ,section #c of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;a71 as amended by section #iajjd1 is further amended by adding at the end the following3 7l7 ,chief ,risk ,officer 7#a7 ,in general ,there shall be a ,chief ,risk ,officer of the ,bank1 who shall-- 7,a7 oversee all issues relating to risk within the ,bank2 and 7,b7 report to the ,president of the ,bank4 7#b7 ,appointment ,not later than #ahj days after the date of the enactment of the ,export-,import ,bank ,reform and ,reauthorization ,act of #bjae1 the ,chief ,risk ,officer shall be-- 7,a7 appointed by the ,president of the ,bank from among persons-- 7i7 with a demonstrated ability in the general management of1 and knowledge of and extensive practical experience in1 financial risk evaluation practices in large governmental or business entities2 and 7ii7 who are not serving in a position requiring appointment by the ,president of the ,united ,states before being appointed to be ,chief ,risk ,officer2 and 7,b7 approved by the ,board4 7#c7 ,duties ,the duties of the ,chief ,risk ,officer are-- 7,a7 to be responsible for all matters related to managing and mitigating all risk to which the ,bank is exposed1 including the programs and operations of the ,bank2 7,b7 to establish policies and processes for risk oversight1 the monitoring of management compliance with risk limits1 and the management of risk exposures and risk controls across the ,bank2 7,c7 to be responsible for the planning and execution of all ,bank risk management activities1 including policies1 reporting1 and systems to achieve strategic risk objectives2 7,d7 to develop an integrated risk management program that includes identifying1 prioritizing1 measuring1 monitoring1 and managing internal control and operating risks and other identified risks2 7,e7 to ensure that the process for risk assessment and underwriting for individual transactions considers how each such transaction considers the effect of the transaction on the concentration of exposure in the overall portfolio of the ,bank1 taking into account fees1 collateralization1 and historic default rates2 and 7,f7 to review the adequacy of the use by the ,bank of qualitative metrics to assess the risk of default under various scenarios4 4 #eajjf4 ,risk ,management ,committee 7a7 ,in general ,section #c of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;a71 as amended by sections #iajjd and #iajje1 is further amended by adding at the end the following3 7m7 ,risk management committee 7#a7 ,establishment ,there is established a management committee to be known as the ,risk ,management ,committee4 7#b7 ,membership ,the membership of the ,risk ,management ,committee shall be the members of the ,board of ,directors1 with the ,president and ,first ,vice ,president of the ,bank serving as ex officio members4 7#c7 ,duties ,the duties of the ,risk ,management ,committee shall be-- 7,a7 to oversee1 in conjunction with the ,office of the ,chief ,financial ,officer of the ,bank-- 7i7 periodic stress testing on the entire ,bank portfolio1 reflecting different market1 industry1 and macroeconomic scenarios1 and consistent with common practices of commercial and multilateral development banks2 and 7ii7 the monitoring of industry1 geographic1 and obligor exposure levels2 and 7,b7 to review all required reports on the default rate of the ,bank before submission to ,congress under section #h7;g74 4 7b7 ,termination of ,audit ,committee ,not later than #ahj days after the date of the enactment of this ,act1 the ,board of ,directors of the ,export-,import ,bank of the ,united ,states shall revise the bylaws of the ,bank to terminate the ,audit ,committee established by section #g of the bylaws4 #eajjg4 ,independent audit of bank portfolio 7a7 ,audit ,the ,inspector ,general of the ,export-,import ,bank of the ,united ,states shall conduct an audit or evaluation of the portfolio risk management procedures of the ,bank1 including a review of the implementation by the ,bank of the duties assigned to the ,chief ,risk ,officer under section #c7l7 of the ,export-,import ,bank ,act of #aide1 as amended by section #eajje4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 and not less frequently than every #c years thereafter1 the ,inspector ,general shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives a written report containing all findings and determinations made in carrying out subsection 7a74 #eajjh4 ,pilot program for reinsurance 7a7 ,in general ,notwithstanding any provision of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce et seq471 the ,export-,import ,bank of the ,united ,states 7in this section referred to as the ,bank7 may establish a pilot program under which the ,bank may enter into contracts and other arrangements to share risks associated with the provision of guarantees1 insurance1 or credit1 or the participation in the extension of credit1 by the ,bank under that ,act4 7b7 ,limitations on ,amount of ,risk-,sharing 7#a7 ,per contract or other arrangement ,the aggregate amount of liability the ,bank may transfer through risk-sharing pursuant to a contract or other arrangement entered into under subsection 7a7 may not exceed #a1jjj1jjj1jjj4 7#b7 ,per year ,the aggregate amount of liability the ,bank may transfer through risk-sharing during a fiscal year pursuant to contracts or other arrangements entered into under subsection 7a7 during that fiscal year may not exceed #aj1jjj1jjj1jjj4 7c7 ,annual reports ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter through #bjai1 the ,bank shall submit to ,congress a written report that contains a detailed analysis of the use of the pilot program carried out under subsection 7a7 during the year preceding the submission of the report4 7d7 ,rule of construction ,nothing in this section shall be construed to affect1 impede1 or revoke any authority of the ,bank4 7e7 ,termination ,the pilot program carried out under subsection 7a7 shall terminate on ,september #cj1 #bjai4 ,,lii ,promotion of small business exports #ebjja4 ,increase in small business lending requirements 7a7 ,in general ,section #b7;b77#a77;,e77v7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce7;b77#a77;,e77v77 is amended by striking #bj percent and inserting #be percent4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to fiscal year #bjaf and each fiscal year thereafter4 #ebjjb4 ,report on programs for small- and medium-sized businesses 7a7 ,in general ,section #h of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;g7 is amended by adding at the end the following3 7k7 ,report on ,programs for ,small- and ,medium-,sized ,businesses ,the ,bank shall include in its annual report to ,congress under subsection 7a7 a report on the programs of the ,bank for ,united ,states businesses with less than #bej1jjj1jjj in annual sales4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to the report of the ,export-,import ,bank of the ,united ,states submitted to ,congress under section #h of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;g7 for the first year that begins after the date of the enactment of this ,act4 ,,liii ,modernization of operations #ecjja4 ,electronic payments and documents ,section #b7;b77#a7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce7;b77#a77 is amended by adding at the end the following3 7,m7 ,not later than #b years after the date of the enactment of the ,export-,import ,bank ,reform and ,reauthorization ,act of #bjae1 the ,bank shall implement policies-- 7i7 to accept electronic documents with respect to transactions whenever possible1 including copies of bills of lading1 certifications1 and compliance documents1 in such manner so as not to undermine any potential civil or criminal enforcement related to the transactions2 and 7ii7 to accept electronic payments in all of its programs4 4 #ecjjb4 ,reauthorization of information technology updating ,section #c7;j7 of the ,export-,import ,act of #aide 7#ab ,u4,s4,c4 #fce;a7j77 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking #bjab1 #bjac1 and #bjad and inserting #bjae through #bjai2 7#b7 in paragraph 7#b77;,b71 by striking 7,i7 the funds and inserting 7i7 the funds2 and 7#c7 in paragraph 7#c71 by striking #bjab1 #bjac1 and #bjad and inserting #bjae through #bjai4 ,,liv ,general provisions #edjja4 ,extension of authority 7a7 ,in general ,section #g of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;f7 is amended by striking #bjad and inserting #bjai4 7b7 ,dual-,use ,exports ,section #a7;c7 of ,public ,law #ajc-dbh 7#ab ,u4,s4,c4 #fce note7 is amended by striking ,september #cj1 #bjad and inserting the date on which the authority of the ,export-,import ,bank of the ,united ,states expires under section #g of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;f74 7c7 ,sub-,saharan ,africa ,advisory ,committee ,section #b7;b77#i77;,b77iii7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce7;b77#i77;,b77iii77 is amended by striking ,september #cj1 #bjad and inserting the date on which the authority of the ,bank expires under section #g4 7d7 ,effective date ,the amendments made by this section shall take effect on the earlier of the date of the enactment of this ,act or ,june #cj1 #bjae4 #edjjb4 ,certain updated loan terms and amounts 7a7 ,loan ,terms for ,medium-,term ,financing ,section #b7;a77#b77;,a7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce7;a77#b77;,a77 is amended-- 7#a7 in clause 7i71 by striking 2 and and inserting a semicolon2 and 7#b7 by adding at the end the following3 7iii7 with principal amounts of not more than #be1jjj1jjj2 and 4 7b7 ,competitive opportunities relating to insurance ,section #b7;d77#b7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce7;d77#b77 is amended by striking #aj1jjj1jjj and inserting #be1jjj1jjj4 7c7 ,export amounts for small business loans ,section #c7;g77#c7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;a7g77#c77 is amended by striking #aj1jjj1jjj and inserting #be1jjj1jjj4 7d7 ,consideration of environmental effects ,section #aa7;a77#a77;,a7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;i-#e7;a77#a77;,a77 is amended by striking #aj1jjj1jjj or more and inserting the following3 #be1jjj1jjj 7or1 if less than #be1jjj1jjj1 the threshold established pursuant to international agreements1 including the ,common ,approaches for ,officially ,supported ,export ,credits and ,environmental and ,social ,due ,diligence1 as adopted by the ,organisation for ,economic ,co-operation and ,development ,council on ,june #bh1 #bjab1 and the risk-management framework adopted by financial institutions for determining1 assessing1 and managing environmental and social risk in projects 7commonly referred to as the ,equator ,principles77 or more4 7e7 ,effective date ,the amendments made by this section shall apply with respect to fiscal year #bjaf and each fiscal year thereafter4 ,,lv ,other matters #eejja4 ,prohibition on discrimination based on industry ,section #b of the ,export-,import ,bank ,act of #aide 7#f ,u4,s4,c4 #fce et seq47 is amended by adding at the end the following3 7k7 ,prohibition on discrimination based on industry 7#a7 ,in general ,except as provided in this ,act1 the ,bank may not-- 7,a7 deny an application for financing based solely on the industry1 sector1 or business that the application concerns2 or 7,b7 promulgate or implement policies that discriminate against an application based solely on the industry1 sector1 or business that the application concerns4 7#b7 ,applicability ,the prohibitions under paragraph 7#a7 apply only to applications for financing by the ,bank for projects concerning the exploration1 development1 production1 or export of energy sources and the generation or transmission of electrical power1 or combined heat and power1 regardless of the energy source involved4 4 #eejjb4 ,negotiations to end export credit financing 7a7 ,in general ,section #aa of the ,export-,import ,bank ,reauthorization ,act of #bjab 7#ab ,u4,s4,c4 #fce;a-#e7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,secretary of the ,treasury 7in this section referred to as the ,secretary7 and inserting ,president2 and 7,b7 in paragraph 7#a7-- 7i7 by striking 7,,oecd7 and inserting 7in this section referred to as the ,,oecd72 and 7ii7 by striking ultimate goal of eliminating and inserting possible goal of eliminating1 before the date that is #aj years after the date of the enactment of the ,export-,import ,bank ,reform and ,reauthorization ,act of #bjae12 7#b7 in subsection 7b71 by striking ,secretary each place it appears and inserting ,president2 and 7#c7 by adding at the end the following3 7c7 ,report on strategy ,not later than #ahj days after the date of the enactment of the ,export-,import ,bank ,reform and ,reauthorization ,act of #bjae1 the ,president shall submit to ,congress a proposal1 and a strategy for achieving the proposal1 that the ,united ,states ,government will pursue with other major exporting countries1 including ,,oecd members and non-,,oecd members1 to eliminate over a period of not more than #aj years subsidized export-financing programs1 tied aid1 export credits1 and all other forms of government-supported export subsidies4 7d7 ,negotiations with non-,,oecd members ,the ,president shall initiate and pursue negotiations with countries that are not ,,oecd members to bring those countries into a multilateral agreement establishing rules and limitations on officially supported export credits4 7e7 ,annual reports on progress of negotiations ,not later than #ahj days after the date of the enactment of the ,export-,import ,bank ,reform and ,reauthorization ,act of #bjae1 and annually thereafter through calendar year #bjai1 the ,president shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives a report on the progress of any negotiations described in subsection 7d74 4 7b7 ,effective date ,the amendments made by paragraphs 7#a7 and 7#b7 of subsection 7a7 shall apply with respect to reports required to be submitted under section #aa7;b7 of the ,export-,import ,bank ,reauthorization ,act of #bjab 7#ab ,u4,s4,c4 #fce;a-#e7;b77 after the date of the enactment of this ,act4 #eejjc4 ,study of financing for information and communications technology systems 7a7 ,analysis of information and communications technology industry use of bank products ,the ,export-,import ,bank of the ,united ,states 7in this section referred to as the ,bank7 shall conduct a study of the extent to which the products offered by the ,bank are available and used by companies that export information and communications technology services and related goods4 7b7 ,elements ,in conducting the study required by subsection 7a71 the ,bank shall examine the following3 7#a7 ,the number of jobs in the ,united ,states that are supported by the export of information and communications technology services and related goods1 and the degree to which access to financing will increase exports of such services and related goods4 7#b7 ,the reduction in the financing by the ,bank of exports of information and communications technology services from #bjjc through #bjad4 7#c7 ,the activities of foreign export credit agencies to facilitate the export of information and communications technology services and related goods4 7#d7 ,specific proposals for how the ,bank could provide additional financing for the exportation of information and communications technology services and related goods through risk-sharing with other export credit agencies and other third parties4 7#e7 ,proposals for new products the ,bank could offer to provide financing for exports of information and communications technology services and related goods1 including-- 7,a7 the extent to which the ,bank is authorized to offer new products2 7,b7 the extent to which the ,bank would need additional authority to offer new products to meet the needs of the information and communications technology industry2 7,c7 specific proposals for changes in law that would enable the ,bank to provide increased financing for exports of information and communications technology services and related goods in compliance with the credit and risk standards of the ,bank2 7,d7 specific proposals that would enable the ,bank to provide increased outreach to the information and communications technology industry about the products the ,bank offers2 and 7,e7 specific proposals for changes in law that would enable the ,bank to provide the financing to build information and communications technology infrastructure1 in compliance with the credit and risk standards of the ,bank1 to allow for market access opportunities for ,united ,states information and communications technology companies to provide services on the infrastructure being financed by the ,bank4 7c7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,bank shall submit to ,congress a report that contains the results of the study required by subsection 7a74 ,f ,energy ,security #fajja4 ,emergency preparedness for energy supply disruptions 7a7 ,finding ,congress finds that recent natural disasters have underscored the importance of having resilient oil and natural gas infrastructure and effective ways for industry and government to communicate to address energy supply disruptions4 7b7 ,authorization for ,activities ,to ,enhance ,emergency ,preparedness for ,natural ,disasters ,the ,secretary of ,energy shall develop and adopt procedures to-- 7#a7 improve communication and coordination between the ,department of ,energy's energy response team1 ,federal partners1 and industry2 7#b7 leverage the ,energy ,information ,administration's subject matter expertise within the ,department's energy response team to improve supply chain situation assessments2 7#c7 establish company liaisons and direct communication with the ,department's energy response team to improve situation assessments2 7#d7 streamline and enhance processes for obtaining temporary regulatory relief to speed up emergency response and recovery2 7#e7 facilitate and increase engagement among ,states1 the oil and natural gas industry1 and the ,department in developing ,state and local energy assurance plans2 7#f7 establish routine education and training programs for key government emergency response positions with the ,department and ,states2 and 7#g7 involve ,states and the oil and natural gas industry in comprehensive drill and exercise programs4 7c7 ,cooperation ,the activities carried out under subsection 7b7 shall include collaborative efforts with ,state and local government officials and the private sector4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report describing the effectiveness of the activities authorized under this section4 #fajjb4 ,resolving environmental and grid reliability conflicts 7a7 ,compliance with or violation of environmental laws while under emergency order ,section #bjb7;c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7c77 is amended-- 7#a7 by inserting 7#a7 after 7c72 and 7#b7 by adding at the end the following3 7#b7 ,with respect to an order issued under this subsection that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation1 the ,commission shall ensure that such order requires generation1 delivery1 interchange1 or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest1 and1 to the maximum extent practicable1 is consistent with any applicable ,federal1 ,state1 or local environmental law or regulation and minimizes any adverse environmental impacts4 7#c7 ,to the extent any omission or action taken by a party1 that is necessary to comply with an order issued under this subsection1 including any omission or action taken to voluntarily comply with such order1 results in noncompliance with1 or causes such party to not comply with1 any ,federal1 ,state1 or local environmental law or regulation1 such omission or action shall not be considered a violation of such environmental law or regulation1 or subject such party to any requirement1 civil or criminal liability1 or a citizen suit under such environmental law or regulation4 7#d7 7,a7 ,an order issued under this subsection that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation shall expire not later than #ij days after it is issued4 ,the ,commission may renew or reissue such order pursuant to paragraphs 7#a7 and 7#b7 for subsequent periods1 not to exceed #ij days for each period1 as the ,commission determines necessary to meet the emergency and serve the public interest4 7,b7 ,in renewing or reissuing an order under subparagraph 7,a71 the ,commission shall consult with the primary ,federal agency with expertise in the environmental interest protected by such law or regulation1 and shall include in any such renewed or reissued order such conditions as such ,federal agency determines necessary to minimize any adverse environmental impacts to the extent practicable4 ,the conditions1 if any1 submitted by such ,federal agency shall be made available to the public4 ,the ,commission may exclude such a condition from the renewed or reissued order if it determines that such condition would prevent the order from adequately addressing the emergency necessitating such order and provides in the order1 or otherwise makes publicly available1 an explanation of such determination4 7#e7 ,if an order issued under this subsection is subsequently stayed1 modified1 or set aside by a court pursuant to section #cac or any other provision of law1 any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect1 including any omission or action taken to voluntarily comply with the order1 shall remain subject to paragraph 7#c74 4 7b7 ,temporary connection or construction by municipalities ,section #bjb7;d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7d77 is amended by inserting or municipality before engaged in the transmission or sale of electric energy4 #fajjc4 ,critical electric infrastructure security 7a7 ,critical electric infrastructure security ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding after section #bae the following new section3 #bae;,a4 ,critical electric infrastructure security 7a7 ,definitions ,for purposes of this section3 7#a7 ,bulk-power system2 electric reliability organization2 regional entity ,the terms bulk-power system1 ,electric ,reliability ,organization1 and regional entity have the meanings given such terms in paragraphs 7#a71 7#b71 and 7#g7 of section #bae7;a71 respectively4 7#b7 ,critical electric infrastructure ,the term critical electric infrastructure means a system or asset of the bulk-power system1 whether physical or virtual1 the incapacity or destruction of which would negatively affect national security1 economic security1 public health or safety1 or any combination of such matters4 7#c7 ,critical electric infrastructure information ,the term critical electric infrastructure information means information related to critical electric infrastructure1 or proposed critical electrical infrastructure1 generated by or provided to the ,commission or other ,federal agency1 other than classified national security information1 that is designated as critical electric infrastructure information by the ,commission under subsection 7d77#b74 ,such term includes information that qualifies as critical energy infrastructure information under the ,commission's regulations4 7#d7 ,defense critical electric infrastructure ,the term defense critical electric infrastructure means any electric infrastructure located in the ,united ,states 7including the territories7 that serves a facility designated by the ,secretary pursuant to subsection 7c71 but is not owned or operated by the owner or operator of such facility4 7#e7 ,electromagnetic pulse ,the term electromagnetic pulse means #a or more pulses of electromagnetic energy emitted by a device capable of disabling or disrupting operation of1 or destroying1 electronic devices or communications networks1 including hardware1 software1 and data1 by means of such a pulse4 7#f7 ,geomagnetic storm ,the term geomagnetic storm means a temporary disturbance of the ,earth's magnetic field resulting from solar activity4 7#g7 ,grid security emergency ,the term grid security emergency means the occurrence or imminent danger of-- 7,a7 7i7 a malicious act using electronic communication or an electromagnetic pulse1 or a geomagnetic storm event1 that could disrupt the operation of those electronic devices or communications networks1 including hardware1 software1 and data1 that are essential to the reliability of critical electric infrastructure or of defense critical electric infrastructure2 and 7ii7 disruption of the operation of such devices or networks1 with significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure1 as a result of such act or event2 or 7,b7 7i7 a direct physical attack on critical electric infrastructure or on defense critical electric infrastructure2 and 7ii7 significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure as a result of such physical attack4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,authority ,to address grid security emergency 7#a7 ,authority ,whenever the ,president issues and provides to the ,secretary a written directive or determination identifying a grid security emergency1 the ,secretary may1 with or without notice1 hearing1 or report1 issue such orders for emergency measures as are necessary in the judgment of the ,secretary to protect or restore the reliability of critical electric infrastructure or of defense critical electric infrastructure during such emergency4 ,as soon as practicable but not later than #ahj days after the date of enactment of this section1 the ,secretary shall1 after notice and opportunity for comment1 establish rules of procedure that ensure that such authority can be exercised expeditiously4 7#b7 ,notification of ,congress ,whenever the ,president issues and provides to the ,secretary a written directive or determination under paragraph 7#a71 the ,president shall promptly notify congressional committees of relevant jurisdiction1 including the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate1 of the contents of1 and justification for1 such directive or determination4 7#c7 ,consultation ,before issuing an order for emergency measures under paragraph 7#a71 the ,secretary shall1 to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action1 consult with appropriate governmental authorities in ,canada and ,mexico1 entities described in paragraph 7#d71 the ,electricity ,sub-sector ,coordinating ,council1 the ,commission1 and other appropriate ,federal agencies regarding implementation of such emergency measures4 7#d7 ,application ,an order for emergency measures under this subsection may apply to-- 7,a7 the ,electric ,reliability ,organization2 7,b7 a regional entity2 or 7,c7 any owner1 user1 or operator of critical electric infrastructure or of defense critical electric infrastructure within the ,united ,states4 7#e7 ,expiration and reissuance 7,a7 ,in general ,except as provided in subparagraph 7,b71 an order for emergency measures issued under paragraph 7#a7 shall expire no later than #ae days after its issuance4 7,b7 ,extensions ,the ,secretary may reissue an order for emergency measures issued under paragraph 7#a7 for subsequent periods1 not to exceed #ae days for each such period1 provided that the ,president1 for each such period1 issues and provides to the ,secretary a written directive or determination that the grid security emergency identified under paragraph 7#a7 continues to exist or that the emergency measure continues to be required4 7#f7 ,cost recovery 7,a7 ,critical electric infrastructure ,if the ,commission determines that owners1 operators1 or users of critical electric infrastructure have incurred substantial costs to comply with an order for emergency measures issued under this subsection and that such costs were prudently incurred and cannot reasonably be recovered through regulated rates or market prices for the electric energy or services sold by such owners1 operators1 or users1 the ,commission shall1 consistent with the requirements of section #bje1 after notice and an opportunity for comment1 establish a mechanism that permits such owners1 operators1 or users to recover such costs4 7,b7 ,defense critical electric infrastructure ,to the extent the owner or operator of defense critical electric infrastructure is required to take emergency measures pursuant to an order issued under this subsection1 the owners or operators of a critical defense facility or facilities designated by the ,secretary pursuant to subsection 7c7 that rely upon such infrastructure shall bear the full incremental costs of the measures4 7#g7 ,temporary access to classified information ,the ,secretary1 and other appropriate ,federal agencies1 shall1 to the extent practicable and consistent with their obligations to protect classified information1 provide temporary access to classified information related to a grid security emergency for which emergency measures are issued under paragraph 7#a7 to key personnel of any entity subject to such emergency measures to enable optimum communication between the entity and the ,secretary and other appropriate ,federal agencies regarding the grid security emergency4 7c7 ,designation of critical defense facilities ,not later than #ahj days after the date of enactment of this section1 the ,secretary1 in consultation with other appropriate ,federal agencies and appropriate owners1 users1 or operators of infrastructure that may be defense critical electric infrastructure1 shall identify and designate facilities located in the ,united ,states 7including the territories7 that are-- 7#a7 critical to the defense of the ,united ,states2 and 7#b7 vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider4 ,the ,secretary may1 in consultation with appropriate ,federal agencies and appropriate owners1 users1 or operators of defense critical electric infrastructure1 periodically revise the list of designated facilities as necessary4 7d7 ,protection and sharing of critical electric infrastructure information 7#a7 ,protection of critical electric infrastructure information ,critical electric infrastructure information-- 7,a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7,b7 shall not be made available by any ,federal1 ,state1 political subdivision or tribal authority pursuant to any ,federal1 ,state1 political subdivision or tribal law requiring public disclosure of information or records4 7#b7 ,designation and sharing of critical electric infrastructure information ,not later than one year after the date of enactment of this section1 the ,commission1 in consultation with the ,secretary of ,energy1 shall promulgate such regulations and issue such orders as necessary to-- 7,a7 designate information as critical electric infrastructure information2 7,b7 prohibit the unauthorized disclosure of critical electric infrastructure information2 7,c7 ensure there are appropriate sanctions in place for ,commissioners1 officers1 employees1 or agents of the ,commission who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section2 and 7,d7 taking into account standards of the ,electric ,reliability ,organization1 facilitate voluntary sharing of critical electric infrastructure information with1 between1 and by-- 7i7 ,federal1 ,state1 political subdivision1 and tribal authorities2 7ii7 the ,electric ,reliability ,organization2 7iii7 regional entities2 7iv7 information sharing and analysis centers established pursuant to ,presidential ,decision ,directive #fc2 7v7 owners1 operators1 and users of critical electric infrastructure in the ,united ,states2 and 7vi7 other entities determined appropriate by the ,commission4 7#c7 ,considerations ,in promulgating regulations and issuing orders under paragraph 7#b71 the ,commission shall take into consideration the role of ,state commissions in reviewing the prudence and cost of investments1 determining the rates and terms of conditions for electric services1 and ensuring the safety and reliability of the bulk-power system and distribution facilities within their respective jurisdictions4 7#d7 ,protocols ,the ,commission shall1 in consultation with ,canadian and ,mexican authorities1 develop protocols for the voluntary sharing of critical electric infrastructure information with ,canadian and ,mexican authorities and owners1 operators1 and users of the bulk-power system outside the ,united ,states4 7#e7 ,no required sharing of information ,nothing in this section shall require a person or entity in possession of critical electric infrastructure information to share such information with ,federal1 ,state1 political subdivision1 or tribal authorities1 or any other person or entity4 7#f7 ,submission of information to ,congress ,nothing in this section shall permit or authorize the withholding of information from ,congress1 any committee or subcommittee thereof1 or the ,comptroller ,general4 7#g7 ,disclosure of nonprotected information ,in implementing this section1 the ,commission shall segregate critical electric infrastructure information or information that reasonably could be expected to lead to the disclosure of the critical electric infrastructure information within documents and electronic communications1 wherever feasible1 to facilitate disclosure of information that is not designated as critical electric infrastructure information4 7#h7 ,duration of designation ,information may not be designated as critical electric infrastructure information for longer than #e years1 unless specifically re-designated by the ,commission4 7#i7 ,removal of designation ,the ,commission shall remove the designation of critical electric infrastructure information1 in whole or in part1 from a document or electronic communication if the ,commission determines that the unauthorized disclosure of such information could no longer be used to impair the security or reliability of the bulk-power system or distribution facilities4 7#aj7 ,judicial review of designations ,notwithstanding section #cac7;b71 any determination by the ,commission concerning the designation of critical electric infrastructure information under this subsection shall be subject to review under chapter #g of title #e1 ,united ,states ,code1 except that such review shall be brought in the district court of the ,united ,states in the district in which the complainant resides1 or has his principal place of business1 or in the ,district of ,columbia4 ,in such a case the court shall examine in camera the contents of documents or electronic communications that are the subject of the determination under review to determine whether such documents or any part thereof were improperly designated or not designated as critical electric infrastructure information4 7e7 ,security clearances ,the ,secretary shall facilitate and1 to the extent practicable1 expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section1 to enable optimum communication with ,federal agencies regarding threats to the security of the critical electric infrastructure4 ,the ,secretary1 the ,commission1 and other appropriate ,federal agencies shall1 to the extent practicable and consistent with their obligations to protect classified and critical electric infrastructure information1 share timely actionable information regarding grid security with appropriate key personnel of owners1 operators1 and users of the critical electric infrastructure4 7f7 ,clarifications of liability 7#a7 ,compliance with or violation of this ,act ,except as provided in paragraph 7#d71 to the extent any action or omission taken by an entity that is necessary to comply with an order for emergency measures issued under subsection 7b77#a71 including any action or omission taken to voluntarily comply with such order1 results in noncompliance with1 or causes such entity not to comply with any rule1 order1 regulation1 or provision of this ,act1 including any reliability standard approved by the ,commission pursuant to section #bae1 such action or omission shall not be considered a violation of such rule1 order1 regulation1 or provision4 7#b7 ,relation to section #bjb7;c7 ,except as provided in paragraph 7#d71 an action or omission taken by an owner1 operator1 or user of critical electric infrastructure or of defense critical electric infrastructure to comply with an order for emergency measures issued under subsection 7b77#a7 shall be treated as an action or omission taken to comply with an order issued under section #bjb7;c7 for purposes of such section4 7#c7 ,sharing or receipt of information ,no cause of action shall lie or be maintained in any ,federal or ,state court for the sharing or receipt of information under1 and that is conducted in accordance with1 subsection 7d74 7#d7 ,rule of construction ,nothing in this subsection shall be construed to require dismissal of a cause of action against an entity that1 in the course of complying with an order for emergency measures issued under subsection 7b77#a7 by taking an action or omission for which they would be liable but for paragraph 7#a7 or 7#b71 takes such action or omission in a grossly negligent manner4 4 7b7 ,conforming amendments 7#a7 ,jurisdiction ,section #bja7;b77#b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;b77#b77 is amended by inserting #bae;,a1 after #bae1 each place it appears4 7#b7 ,public utility ,section #bja7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;e77 is amended by inserting #bae;,a1 after #bae14 #fajjd4 ,strategic ,transformer ,reserve 7a7 ,finding ,congress finds that the storage of strategically located spare large power transformers and emergency mobile substations will reduce the vulnerability of the ,united ,states to multiple risks facing electric grid reliability1 including physical attack1 cyber attack1 electromagnetic pulse1 geomagnetic disturbances1 severe weather1 and seismic events4 7b7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given such term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,critically damaged large power transformer ,the term critically damaged large power transformer means a large power transformer that-- 7,a7 has sustained extensive damage such that-- 7i7 repair or refurbishment is not economically viable2 or 7ii7 the extensive time to repair or refurbish the large power transformer would create an extended period of instability in the bulk-power system2 and 7,b7 prior to sustaining such damage1 was part of the bulk-power system4 7#c7 ,critical electric infrastructure ,the term critical electric infrastructure has the meaning given that term in section #bae;,a of the ,federal ,power ,act4 7#d7 ,electric ,reliability ,organization ,the term ,electric ,reliability ,organization has the meaning given such term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#e7 ,emergency mobile substation ,the term emergency mobile substation means a mobile substation or mobile transformer that is-- 7,a7 assembled and permanently mounted on a trailer that is capable of highway travel and meets relevant ,department of ,transportation regulations2 and 7,b7 intended for express deployment and capable of being rapidly placed into service4 7#f7 ,large power transformer ,the term large power transformer means a power transformer with a maximum nameplate rating of #ajj megavolt-amperes or higher1 including related critical equipment1 that is1 or is intended to be1 a part of the bulk-power system4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#h7 ,spare large power transformer ,the term spare large power transformer means a large power transformer that is stored within the ,strategic ,transformer ,reserve to be available to temporarily replace a critically damaged large power transformer4 7c7 ,strategic ,transformer ,reserve plan 7#a7 ,plan ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 acting through the ,office of ,electricity ,delivery and ,energy ,reliability1 shall1 in consultation with the ,federal ,energy ,regulatory ,commission1 the ,electricity ,sub-sector ,coordinating ,council1 the ,electric ,reliability ,organization1 and owners and operators of critical electric infrastructure and defense and military installations1 prepare and submit to ,congress a plan to establish a ,strategic ,transformer ,reserve for the storage1 in strategically located facilities1 of spare large power transformers and emergency mobile substations in sufficient numbers to temporarily replace critically damaged large power transformers and substations that are critical electric infrastructure or serve defense and military installations4 7#b7 ,inclusions ,the ,strategic ,transformer ,reserve plan shall include a description of-- 7,a7 the appropriate number and type of spare large power transformers necessary to provide or restore sufficient resiliency to the bulk-power system1 critical electric infrastructure1 and defense and military installations to mitigate significant impacts to the electric grid resulting from-- 7i7 physical attack2 7ii7 cyber attack2 7iii7 electromagnetic pulse attack2 7iv7 geomagnetic disturbances2 7v7 severe weather2 or 7vi7 seismic events2 7,b7 other critical electric grid equipment for which an inventory of spare equipment1 including emergency mobile substations1 is necessary to provide or restore sufficient resiliency to the bulk-power system1 critical electric infrastructure1 and defense and military installations2 7,c7 the degree to which utility sector actions or initiatives1 including individual utility ownership of spare equipment1 joint ownership of spare equipment inventory1 sharing agreements1 or other spare equipment reserves or arrangements1 satisfy the needs identified under subparagraphs 7,a7 and 7,b72 7,d7 the potential locations for1 and feasibility and appropriate number of1 strategic storage locations for reserve equipment1 including consideration of-- 7i7 the physical security of such locations2 7ii7 the protection of the confidentiality of such locations2 and 7iii7 the proximity of such locations to sites of potentially critically damaged large power transformers and substations that are critical electric infrastructure or serve defense and military installations1 so as to enable efficient delivery of equipment to such sites2 7,e7 the necessary degree of flexibility of spare large power transformers to be included in the ,strategic ,transformer ,reserve to conform to different substation configurations1 including consideration of transformer-- 7i7 power and voltage rating for each winding2 7ii7 overload requirements2 7iii7 impedance between windings2 7iv7 configuration of windings2 and 7v7 tap requirements2 7,f7 an estimate of the direct cost of the ,strategic ,transformer ,reserve1 as proposed1 including-- 7i7 the cost of storage facilities2 7ii7 the cost of the equipment2 and 7iii7 management1 maintenance1 and operation costs2 7,g7 the funding options available to establish1 stock1 manage1 and maintain the ,strategic ,transformer ,reserve1 including consideration of fees on owners and operators of bulk-power system facilities1 critical electric infrastructure1 and defense and military installations relying on the ,strategic ,transformer ,reserve1 use of ,federal appropriations1 and public-private cost-sharing options2 7,h7 the ease and speed of transportation1 installation1 and energization of spare large power transformers to be included in the ,strategic ,transformer ,reserve1 including consideration of factors such as-- 7i7 transformer transportation weight2 7ii7 transformer size2 7iii7 topology of critical substations2 7iv7 availability of appropriate transformer mounting pads2 7v7 flexibility of the spare large power transformers as described in subparagraph 7,e72 and 7vi7 ability to rapidly transition a spare large power transformer from storage to energization2 7,i7 eligibility criteria for withdrawal of equipment from the ,strategic ,transformer ,reserve2 7,j7 the process by which owners or operators of critically damaged large power transformers or substations that are critical electric infrastructure or serve defense and military installations may apply for a withdrawal from the ,strategic ,transformer ,reserve2 7,k7 the process by which equipment withdrawn from the ,strategic ,transformer ,reserve is returned to the ,strategic ,transformer ,reserve or is replaced2 7,l7 possible fees to be paid by users of equipment withdrawn from the ,strategic ,transformer ,reserve2 7,m7 possible fees to be paid by owners and operators of large power transformers and substations that are critical electric infrastructure or serve defense and military installations to cover operating costs of the ,strategic ,transformer ,reserve2 7,n7 the domestic and international large power transformer supply chain2 7,o7 the potential reliability1 cost1 and operational benefits of including emergency mobile substations in any ,strategic ,transformer ,reserve established under this section2 and 7,p7 other considerations for designing1 constructing1 stocking1 funding1 and managing the ,strategic ,transformer ,reserve4 7d7 ,establishment ,the ,secretary may establish a ,strategic ,transformer ,reserve in accordance with the plan prepared pursuant to subsection 7c7 after the date that is #f months after the date on which such plan is submitted to ,congress4 7e7 ,disclosure of information ,any information included in the ,strategic ,transformer ,reserve plan1 or shared in the preparation and development of such plan1 the disclosure of which could cause harm to critical electric infrastructure1 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code1 and any ,state1 tribal1 or local law requiring disclosure of information or records4 #fajje4 ,energy security valuation 7a7 ,establishment of ,energy ,security ,valuation ,methods ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the ,secretary of ,state1 shall develop and transmit1 after public notice and comment1 to the ,committee on ,energy and ,commerce and the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources and the ,committee on ,foreign ,relations of the ,senate a report that develops recommended ,united ,states energy security valuation methods4 ,in developing the report1 the ,secretaries may consider the recommendations of the ,administration's ,quadrennial ,energy ,review released on ,april #ba1 #bjae4 ,the report shall-- 7#a7 evaluate and define ,united ,states energy security to reflect modern domestic and global energy markets and the collective needs of the ,united ,states and its allies and partners2 7#b7 identify transparent and uniform or coordinated procedures and criteria to ensure that energy-related actions that significantly affect the supply1 distribution1 or use of energy are evaluated with respect to their potential impact on energy security1 including their impact on-- 7,a7 consumers and the economy2 7,b7 energy supply diversity and resiliency2 7,c7 well-functioning and competitive energy markets2 7,d7 ,united ,states trade balance2 and 7,e7 national security objectives2 and 7#c7 include a recommended implementation strategy that identifies and aims to ensure that the procedures and criteria referred to in paragraph 7#b7 are-- 7,a7 evaluated consistently across the ,federal ,government2 and 7,b7 weighed appropriately and balanced with environmental considerations required by ,federal law4 7b7 ,participation ,in developing the report referred to in subsection 7a71 the ,secretaries may consult with relevant ,federal1 ,state1 private sector1 and international participants1 as appropriate and consistent with applicable law4 ,g ,financial ,services ,,lxxi ,improving ,access to ,capital for ,emerging ,growth ,companies #gajja4 ,filing requirement for public filing prior to public offering ,section #f7;e77#a7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;f7e77#a77 is amended by striking #ba days and inserting #ae days4 #gajjb4 ,grace period for change of status of emerging growth companies ,section #f7;e77#a7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;f7e77#a77 is further amended by adding at the end the following3 ,an issuer that was an emerging growth company at the time it submitted a confidential registration statement or1 in lieu thereof1 a publicly filed registration statement for review under this subsection but ceases to be an emerging growth company thereafter shall continue to be treated as an emerging market growth company for the purposes of this subsection through the earlier of the date on which the issuer consummates its initial public offering pursuant to such registrations statement or the end of the #a-year period beginning on the date the company ceases to be an emerging growth company44 #gajjc4 ,simplified disclosure requirements for emerging growth companies ,section #ajb of the ,jumpstart ,our ,business ,startups ,act 7,public ,law #aab-ajf7 is amended by adding at the end the following3 7d7 ,simplified disclosure requirements ,with respect to an emerging growth company 7as such term is defined under section #b of the ,securities ,act of #aicc73 7#a7 ,requirement to include notice on ,forms ,s-#a and ,f-#a ,not later than #cj days after the date of enactment of this subsection1 the ,securities and ,exchange ,commission shall revise its general instructions on ,forms ,s-#a and ,f-#a to indicate that a registration statement filed 7or submitted for confidential review7 by an issuer prior to an initial public offering may omit financial information for historical periods otherwise required by regulation ,s-,x 7#ag ,,cfr #baj4a-ja et seq47 as of the time of filing 7or confidential submission7 of such registration statement1 provided that-- 7,a7 the omitted financial information relates to a historical period that the issuer reasonably believes will not be required to be included in the ,form ,s-#a or ,f-#a at the time of the contemplated offering2 and 7,b7 prior to the issuer distributing a preliminary prospectus to investors1 such registration statement is amended to include all financial information required by such regulation ,s-,x at the date of such amendment4 7#b7 ,reliance by issuers ,effective #cj days after the date of enactment of this subsection1 an issuer filing a registration statement 7or submitting the statement for confidential review7 on ,form ,s-#a or ,form ,f-#a may omit financial information for historical periods otherwise required by regulation ,s-,x 7#ag ,,cfr #baj4a-ja et seq47 as of the time of filing 7or confidential submission7 of such registration statement1 provided that-- 7,a7 the omitted financial information relates to a historical period that the issuer reasonably believes will not be required to be included in the ,form ,s-#a or ,form ,f-#a at the time of the contemplated offering2 and 7,b7 prior to the issuer distributing a preliminary prospectus to investors1 such registration statement is amended to include all financial information required by such regulation ,s-,x at the date of such amendment4 4 ,,lxxii ,disclosure ,modernization and ,simplification #gbjja4 ,summary page for form #aj-,k ,not later than the end of the #ahj-;day period beginning on the date of the enactment of this ,act1 the ,securities and ,exchange ,commission shall issue regulations to permit issuers to submit a summary page on form #aj-,k 7#ag ,,cfr #bdi4caj71 but only if each item on such summary page includes a cross-reference 7by electronic link or otherwise7 to the material contained in form #aj-,k to which such item relates4 #gbjjb4 ,improvement of regulation ,s-,k ,not later than the end of the #ahj-;day period beginning on the date of the enactment of this ,act1 the ,securities and ,exchange ,commission shall take all such actions to revise regulation ,s-,k 7#ag ,,cfr #bbi4aj et seq47-- 7#a7 to further scale or eliminate requirements of regulation ,s-,k1 in order to reduce the burden on emerging growth companies1 accelerated filers1 smaller reporting companies1 and other smaller issuers1 while still providing all material information to investors2 7#b7 to eliminate provisions of regulation ,s-,k1 required for all issuers1 that are duplicative1 overlapping1 outdated1 or unnecessary2 and 7#c7 for which the ,commission determines that no further study under section #gbbjc is necessary to determine the efficacy of such revisions to regulation ,s-,k4 #gbjjc4 ,study on modernization and simplification of regulation ,s-,k 7a7 ,study ,the ,securities and ,exchange ,commission shall carry out a study of the requirements contained in regulation ,s-,k 7#ag ,,cfr #bbi4aj et seq474 ,such study shall-- 7#a7 determine how best to modernize and simplify such requirements in a manner that reduces the costs and burdens on issuers while still providing all material information2 7#b7 emphasize a company by company approach that allows relevant and material information to be disseminated to investors without boilerplate language or static requirements while preserving completeness and comparability of information across registrants2 and 7#c7 evaluate methods of information delivery and presentation and explore methods for discouraging repetition and the disclosure of immaterial information4 7b7 ,consultation ,in conducting the study required under subsection 7a71 the ,commission shall consult with the ,investor ,advisory ,committee and the ,advisory ,committee on ,small and ,emerging ,companies4 7c7 ,report ,not later than the end of the #cfj-;day period beginning on the date of enactment of this ,act1 the ,commission shall issue a report to the ,congress containing-- 7#a7 all findings and determinations made in carrying out the study required under subsection 7a72 7#b7 specific and detailed recommendations on modernizing and simplifying the requirements in regulation ,s-,k in a manner that reduces the costs and burdens on companies while still providing all material information2 and 7#c7 specific and detailed recommendations on ways to improve the readability and navigability of disclosure documents and to discourage repetition and the disclosure of immaterial information4 7d7 ,rulemaking ,not later than the end of the #cfj-;day period beginning on the date that the report is issued to the ,congress under subsection 7c71 the ,commission shall issue a proposed rule to implement the recommendations of the report issued under subsection 7c74 7e7 ,rule of construction ,revisions made to regulation ,s-,k by the ,commission under section #bjb shall not be construed as satisfying the rulemaking requirements under this section4 ,,lxxiii ,bullion and ,collectible ,coin ,production ,efficiency and ,cost ,savings #gcjja4 ,technical corrections ,title #ca1 ,united ,states ,code1 is amended-- 7#a7 in section #eaab-- 7,a7 in subsection 7q7-- 7i7 by striking paragraphs 7#c7 and 7#h72 and 7ii7 by redesignating paragraphs 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#c71 7#d71 7#e71 and 7#f71 respectively2 7,b7 in subsection 7t77#f77;,b71 by striking #ij percent silver and #aj percent copper and inserting not less than #ij percent silver2 and 7,c7 in subsection 7v7-- 7i7 in paragraph 7#a71 by striking ,subject to and all that follows through the ,secretary shall and inserting ,the ,secretary shall2 7ii7 in paragraph 7#b77;,a71 by striking ,the ,secretary and inserting ,to the greatest extent possible1 the ,secretary2 7iii7 in paragraph 7#e71 by inserting after may issue the following3 collectible versions of2 and 7iv7 by striking paragraph 7#h72 and 7#b7 in section #eacb7;a77#b77;,b77i71 by striking #ij percent silver and #aj percent copper and inserting not less than #ij percent silver4 #gcjjb4 ,american ,eagle ,silver ,bullion #cjth ,anniversary ,proof and uncirculated versions of coins issued by the ,secretary of the ,treasury pursuant to subsection 7e7 of section #eaab of title #ca1 ,united ,states ,code1 during calendar year #bjaf shall have a smooth edge incused with a designation that notes the #cjth anniversary of the first issue of coins under such subsection4 ,,lxxiv ,,sbic ,advisers ,relief #gdjja4 ,advisers of ,s,b,i,cs and venture capital funds ,section #bjc7l7 of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#c7l77 is amended-- 7#a7 by striking ,no investment adviser and inserting the following3 7#a7 ,in general ,no investment adviser 2 and 7#b7 by adding at the end the following3 7#b7 ,advisers of ,s,b,i,cs ,for purposes of this subsection1 a venture capital fund includes an entity described in subparagraph 7,a71 7,b71 or 7,c7 of subsection 7b77#g7 7other than an entity that has elected to be regulated or is regulated as a business development company pursuant to section #ed of the ,investment ,company ,act of #aidj74 4 #gdjjb4 ,advisers of ,s,b,i,cs and private funds ,section #bjc7m7 of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#c7m77 is amended by adding at the end the following3 7#c7 ,advisers of ,s,b,i,cs ,for purposes of this subsection1 the assets under management of a private fund that is an entity described in subparagraph 7,a71 7,b71 or 7,c7 of subsection 7b77#g7 7other than an entity that has elected to be regulated or is regulated as a business development company pursuant to section #ed of the ,investment ,company ,act of #aidj7 shall be excluded from the limit set forth in paragraph 7#a74 4 #gdjjc4 ,relationship to ,state law ,section #bjc;,a7b77#a7 of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#c;a7b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking or at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,c7 that is not registered under section #bjc because that person is exempt from registration as provided in subsection 7b77#g7 of such section1 or is a supervised person of such person4 4 ,,lxxv ,eliminate ,privacy ,notice ,confusion #gejja4 ,exception to annual privacy notice requirement under the ,gramm-,leach-,bliley ,act ,section #ejc of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhjc7 is amended by adding at the end the following3 7f7 ,exception to annual notice requirement ,a financial institution that-- 7#a7 provides nonpublic personal information only in accordance with the provisions of subsection 7b77#b7 or 7e7 of section #ejb or regulations prescribed under section #ejd7;b71 and 7#b7 has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section1 shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph 7#a7 or 7#b74 4 ,,lxxvi ,reforming ,access for ,investments in ,startup ,enterprises #gfjja4 ,exempted transactions 7a7 ,exempted transactions ,section #d of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;d7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following new paragraph3 7#g7 transactions meeting the requirements of subsection 7d74 2 7#b7 by redesignating the second subsection 7b7 7relating to securities offered and sold in compliance with ,rule #ejf of ,regulation ,d7 as subsection 7c72 and 7#c7 by adding at the end the following3 7d7 ,certain accredited investor transactions ,the transactions referred to in subsection 7a77#g7 are transactions meeting the following requirements3 7#a7 ,accredited investor requirement ,each purchaser is an accredited investor1 as that term is defined in section #bcj4eja7;a7 of title #ag1 ,code of ,federal ,regulations 7or any successor regulation74 7#b7 ,prohibition on general solicitation or advertising ,neither the seller1 nor any person acting on the seller's behalf1 offers or sells securities by any form of general solicitation or general advertising4 7#c7 ,information requirement ,in the case of a transaction involving the securities of an issuer that is neither subject to section #ac or #ae7;d7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm2 #gho7d771 nor exempt from reporting pursuant to section #bdj4ab;g#c-b7;b7 of title #ag1 ,code of ,federal ,regulations1 nor a foreign government 7as defined in section #bcj4dje of title #ag1 ,code of ,federal ,regulations7 eligible to register securities under ,schedule ,b1 the seller and a prospective purchaser designated by the seller obtain from the issuer1 upon request of the seller1 and the seller in all cases makes available to a prospective purchaser1 the following information 7which shall be reasonably current in relation to the date of resale under this section73 7,a7 ,the exact name of the issuer and the issuer's predecessor 7if any74 7,b7 ,the address of the issuer's principal executive offices4 7,c7 ,the exact title and class of the security4 7,d7 ,the par or stated value of the security4 7,e7 ,the number of shares or total amount of the securities outstanding as of the end of the issuer's most recent fiscal year4 7,f7 ,the name and address of the transfer agent1 corporate secretary1 or other person responsible for transferring shares and stock certificates4 7,g7 ,a statement of the nature of the business of the issuer and the products and services it offers1 which shall be presumed reasonably current if the statement is as of #ab months before the transaction date4 7,h7 ,the names of the officers and directors of the issuer4 7,i7 ,the names of any persons registered as a broker1 dealer1 or agent that shall be paid or given1 directly or indirectly1 any commission or remuneration for such person's participation in the offer or sale of the securities4 7,j7 ,the issuer's most recent balance sheet and profit and loss statement and similar financial statements1 which shall-- 7i7 be for such part of the #b preceding fiscal years as the issuer has been in operation2 7ii7 be prepared in accordance with generally accepted accounting principles or1 in the case of a foreign private issuer1 be prepared in accordance with generally accepted accounting principles or the ,international ,financial ,reporting ,standards issued by the ,international ,accounting ,standards ,board2 7iii7 be presumed reasonably current if-- 7,i7 with respect to the balance sheet1 the balance sheet is as of a date less than #af months before the transaction date2 and 7,,ii7 with respect to the profit and loss statement1 such statement is for the #ab months preceding the date of the issuer's balance sheet2 and 7iv7 if the balance sheet is not as of a date less than #f months before the transaction date1 be accompanied by additional statements of profit and loss for the period from the date of such balance sheet to a date less than #f months before the transaction date4 7,k7 ,to the extent that the seller is a control person with respect to the issuer1 a brief statement regarding the nature of the affiliation1 and a statement certified by such seller that they have no reasonable grounds to believe that the issuer is in violation of the securities laws or regulations4 7#d7 ,issuers disqualified ,the transaction is not for the sale of a security where the seller is an issuer or a subsidiary1 either directly or indirectly1 of the issuer4 7#e7 ,bad actor prohibition ,neither the seller1 nor any person that has been or will be paid 7directly or indirectly7 remuneration or a commission for their participation in the offer or sale of the securities1 including solicitation of purchasers for the seller is subject to an event that would disqualify an issuer or other covered person under ,rule #ejf7;d77#a7 of ,regulation ,d 7#ag ,,cfr #bcj4ejf7;d77#a77 or is subject to a statutory disqualification described under section #c7;a77#ci7 of the ,securities ,exchange ,act of #aicd4 7#f7 ,business requirement ,the issuer is engaged in business1 is not in the organizational stage or in bankruptcy or receivership1 and is not a blank check1 blind pool1 or shell company that has no specific business plan or purpose or has indicated that the issuer's primary business plan is to engage in a merger or combination of the business with1 or an acquisition of1 an unidentified person4 7#g7 ,underwriter prohibition ,the transaction is not with respect to a security that constitutes the whole or part of an unsold allotment to1 or a subscription or participation by1 a broker or dealer as an underwriter of the security or a redistribution4 7#h7 ,outstanding class requirement ,the transaction is with respect to a security of a class that has been authorized and outstanding for at least #ij days prior to the date of the transaction4 7e7 ,additional requirements 7#a7 ,in general ,with respect to an exempted transaction described under subsection 7a77#g73 7,a7 ,securities acquired in such transaction shall be deemed to have been acquired in a transaction not involving any public offering4 7,b7 ,such transaction shall be deemed not to be a distribution for purposes of section #b7;a77#aa74 7,c7 ,securities involved in such transaction shall be deemed to be restricted securities within the meaning of ,rule #add 7#ag ,,cfr #bcj4add74 7#b7 ,rule of construction ,the exemption provided by subsection 7a77#g7 shall not be the exclusive means for establishing an exemption from the registration requirements of section #e4 4 7b7 ,exemption in connection with certain exempt offerings ,section #ah7;b77#d7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #ggr7b77#d77 is amended-- 7#a7 by redesignating the second subparagraph 7,d7 and subparagraph 7,e7 as subparagraphs 7,e7 and 7,f71 respectively2 7#b7 in subparagraph 7,e71 as so redesignated1 by striking 2 or and inserting a semicolon2 7#c7 in subparagraph 7,f71 as so redesignated1 by striking the period and inserting 2 or2 and 7#d7 by adding at the end the following new subparagraph3 7,g7 section #d7;a77#g74 4 ,,lxxvii ,preservation ,enhancement and ,savings ,opportunity #ggjja4 ,distributions and residual receipts ,section #bbb of the ,low-,income ,housing ,preservation and ,resident ,homeownership ,act of #aiij 7#ab ,u4,s4,c4 #daab7 is amended by adding at the end the following new subsection3 7e7 ,distribution and residual receipts 7#a7 ,authority ,after the date of the enactment of this subsection1 the owner of a property subject to a plan of action or use agreement pursuant to this section shall be entitled to distribute-- 7,a7 annually1 all surplus cash generated by the property1 but only if the owner is in material compliance with such use agreement including compliance with prevailing physical condition standards established by the ,secretary2 and 7,b7 notwithstanding any conflicting provision in such use agreement1 any funds accumulated in a residual receipts account1 but only if the owner is in material compliance with such use agreement and has completed1 or set aside sufficient funds for completion of1 any capital repairs identified by the most recent third party capital needs assessment4 7#b7 ,operation of property ,an owner that distributes any amounts pursuant to paragraph 7#a7 shall-- 7,a7 continue to operate the property in accordance with the affordability provisions of the use agreement for the property for the remaining useful life of the property2 7,b7 as required by the plan of action for the property1 continue to renew or extend any project-based rental assistance contract for a term of not less than #bj years2 and 7,c7 if the owner has an existing multi-year project-based rental assistance contract for less than #bj years1 have the option to extend the contract to a #bj-year term4 4 #ggjjb4 ,future refinancings ,section #bad of the ,low-,income ,housing ,preservation and ,resident ,homeownership ,act of #aiij 7#ab ,u4,s4,c4 #dajd7 is amended by adding at the end the following new subsection3 7c7 ,future financing ,neither this section1 nor any plan of action or use agreement implementing this section1 shall restrict an owner from obtaining a new loan or refinancing an existing loan secured by the project1 or from distributing the proceeds of such a loan2 except that1 in conjunction with such refinancing-- 7#a7 the owner shall provide for adequate rehabilitation pursuant to a capital needs assessment to ensure long-term sustainability of the property satisfactory to the lender or bond issuance agency2 7#b7 any resulting budget-based rent increase shall include debt service on the new financing1 commercially reasonable debt service coverage1 and replacement reserves as required by the lender2 and 7#c7 for tenants of dwelling units not covered by a project- or tenant-based rental subsidy1 any rent increases resulting from the refinancing transaction may not exceed #aj percent per year1 except that-- 7,a7 any tenant occupying a dwelling unit as of time of the refinancing may not be required to pay for rent and utilities1 for the duration of such tenancy1 an amount that exceeds the greater of-- 7i7 #cj percent of the tenant's income2 or 7ii7 the amount paid by the tenant for rent and utilities immediately before such refinancing2 and 7,b7 this paragraph shall not apply to any tenant who does not provide the owner with proof of income4 ,paragraph 7#c7 may not be construed to limit any rent increases resulting from increased operating costs for a project4 4 #ggjjc4 ,implementation ,the ,secretary of ,housing and ,urban ,development shall issue any guidance that the ,secretary considers necessary to carry out the provisions added by the amendments made by this title not later than the expiration of the #abj-;day period beginning on the date of the enactment of this ,act4 ,,lxxviii ,tenant ,income ,verification ,relief #ghjja4 ,reviews of family incomes 7a7 ,in general ,the second sentence of paragraph 7#a7 of section #c7;a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7a77#a77 is amended by inserting before the period at the end the following3 2 except that1 in the case of any family with a fixed income1 as defined by the ,secretary1 after the initial review of the family's income1 the public housing agency or owner shall not be required to conduct a review of the family's income for any year for which such family certifies1 in accordance with such requirements as the ,secretary shall establish1 which shall include policies to adjust for inflation-based income changes1 that #ij percent or more of the income of the family consists of fixed income1 and that the sources of such income have not changed since the previous year1 except that the public housing agency or owner shall conduct a review of each such family's income not less than once every #c years4 7b7 ,housing choice voucher program ,subparagraph 7,a7 of section #h7o77#e7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#e77;,a77 is amended by striking not less than annually and inserting as required by section #c7;a77#a7 of this ,act4 ,,lxxix ,housing ,assistance ,efficiency #gijja4 ,authority to administer rental assistance ,subsection 7g7 of section #dbc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aachc7;g77 is amended by inserting private nonprofit organization1 after unit of general local government14 #gijjb4 ,reallocation of funds ,paragraph 7#a7 of section #dad7;d7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacgc7;d77#a77 is amended by striking twice and inserting once4 ,,lxxx ,child ,support ,assistance #hjjja4 ,requests for consumer reports by ,state or local child support enforcement agencies ,paragraph 7#d7 of section #fjd7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;b7a77#d77 is amended-- 7#a7 in subparagraph 7,a71 by striking or determining the appropriate level of such payments and inserting 1 determining the appropriate level of such payments1 or enforcing a child support order1 award1 agreement1 or judgment2 7#b7 in subparagraph 7,b7-- 7,a7 by striking paternity and inserting parentage2 and 7,b7 by adding and at the end2 7#c7 by striking subparagraph 7,c72 and 7#d7 by redesignating subparagraph 7,d7 as subparagraph 7,c74 ,,lxxxi ,private ,investment in ,housing #hajja4 ,budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units 7a7 ,establishment ,the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 shall establish a demonstration program under which the ,secretary may execute budget-neutral1 performance-based agreements in fiscal years #bjaf through #bjai that result in a reduction in energy or water costs with such entities as the ,secretary determines to be appropriate under which the entities shall carry out projects for energy or water conservation improvements at not more than #bj1jjj residential units in multifamily buildings participating in-- 7#a7 the project-based rental assistance program under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 other than assistance provided under section #h7o7 of that ,act2 7#b7 the supportive housing for the elderly program under section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq72 or 7#c7 the supportive housing for persons with disabilities program under section #haa7;d77#b7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7;d77#b774 7b7 ,requirements 7#a7 ,payments contingent on savings 7,a7 ,in general ,the ,secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties1 as determined by the ,secretary1 in accordance with subparagraph 7,b74 7,b7 ,payment methodology 7i7 ,in general ,each agreement under this section shall include a pay-for-success provision that-- 7,i7 shall serve as a payment threshold for the term of the agreement2 and 7,,ii7 requires that payments shall be contingent on realized cost savings associated with reduced utility consumption in the participating properties4 7ii7 ,limitations ,a payment made by the ,secretary under an agreement under this section-- 7,i7 shall be contingent on documented utility savings2 and 7,,ii7 shall not exceed the utility savings achieved by the date of the payment1 and not previously paid1 as a result of the improvements made under the agreement4 7,c7 ,third-party verification ,savings payments made by the ,secretary under this section shall be based on a measurement and verification protocol that includes at least-- 7i7 establishment of a weather-normalized and occupancy-normalized utility consumption baseline established pre-retrofit2 7ii7 annual third-party confirmation of actual utility consumption and cost for utilities2 7iii7 annual third-party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type2 and 7iv7 annual third-party determination of savings to the ,secretary4 ,an agreement under this section with an entity shall provide that the entity shall cover costs associated with third-party verification under this subparagraph4 7#b7 ,terms of performance-based agreements ,a performance-based agreement under this section shall include-- 7,a7 the period that the agreement will be in effect and during which payments may be made1 which may not be longer than #ab years2 7,b7 the performance measures that will serve as payment thresholds during the term of the agreement2 7,c7 an audit protocol for the properties covered by the agreement2 7,d7 a requirement that payments shall be contingent on realized cost savings associated with reduced utility consumption in the participating properties2 and 7,e7 such other requirements and terms as determined to be appropriate by the ,secretary4 7#c7 ,entity eligibility ,the ,secretary shall-- 7,a7 establish a competitive process for entering into agreements under this section2 and 7,b7 enter into such agreements only with entities that1 either jointly or individually1 demonstrate significant experience relating to-- 7i7 financing or operating properties receiving assistance under a program identified in subsection 7a72 7ii7 oversight of energy or water conservation programs1 including oversight of contractors2 and 7iii7 raising capital for energy or water conservation improvements from charitable organizations or private investors4 7#d7 ,geographical diversity ,each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and ,state variance4 7#e7 ,properties ,a property may only be included in the demonstration under this section only if the property is subject to affordability restrictions for at least #ae years after the date of the completion of any conservation improvements made to the property under the demonstration program4 ,such restrictions may be made through an extended affordability agreement for the property under a new housing assistance payments contract with the ,secretary of ,housing and ,urban ,development or through an enforceable covenant with the owner of the property4 7c7 ,plan and reports 7#a7 ,plan ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committees on ,appropriations and ,financial ,services of the ,house of ,representatives and the ,committees on ,appropriations and ,banking1 ,housing1 and ,urban ,affairs of the ,senate a detailed plan for the implementation of this section4 7#b7 ,reports ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall-- 7,a7 conduct an evaluation of the program under this section2 and 7,b7 submit to ,congress a report describing each evaluation conducted under subparagraph 7,a74 7d7 ,funding ,for each fiscal year during which an agreement under this section is in effect1 the ,secretary may use to carry out this section any funds appropriated to the ,secretary for the renewal of contracts under a program described in subsection 7a74 ,,lxxxii ,capital ,access for ,small ,community ,financial ,institutions #hbjja4 ,privately insured credit unions authorized to become members of a ,federal home loan bank 7a7 ,in general ,section #d7;a7 of the ,federal ,home ,loan ,bank ,act 7#ab ,u4,s4,c4 #adbd7;a77 is amended by adding at the end the following new paragraph3 7#e7 ,certain privately insured credit unions 7,a7 ,in general ,subject to the requirements of subparagraph 7,b71 a credit union shall be treated as an insured depository institution for purposes of determining the eligibility of such credit union for membership in a ,federal home loan bank under paragraphs 7#a71 7#b71 and 7#c74 7,b7 ,certification by appropriate supervisor 7i7 ,in general ,for purposes of this paragraph and subject to clause 7ii71 a credit union which lacks ,federal deposit insurance and which has applied for membership in a ,federal home loan bank may be treated as meeting all the eligibility requirements for ,federal deposit insurance only if the appropriate supervisor of the ,state in which the credit union is chartered has determined that the credit union meets all the eligibility requirements for ,federal deposit insurance as of the date of the application for membership4 7ii7 ,certification deemed valid ,if1 in the case of any credit union to which clause 7i7 applies1 the appropriate supervisor of the ,state in which such credit union is chartered fails to make a determination pursuant to such clause by the end of the #f-month period beginning on the date of the application1 the credit union shall be deemed to have met the requirements of clause 7i74 7,c7 ,security interests of federal home loan bank not avoidable ,notwithstanding any provision of ,state law authorizing a conservator or liquidating agent of a credit union to repudiate contracts1 no such provision shall apply with respect to-- 7i7 any extension of credit from any ,federal home loan bank to any credit union which is a member of any such bank pursuant to this paragraph2 or 7ii7 any security interest in the assets of such credit union securing any such extension of credit4 7,d7 ,protection for certain ,federal home loan bank advances ,notwithstanding any ,state law to the contrary1 if a ,bank makes an advance under section #aj to a ,state-chartered credit union that is not federally insured-- 7i7 the ,bank's interest in any collateral securing such advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally insured credit union2 and 7ii7 the ,bank has the same right to access such collateral that the ,bank would have had if the advance had been made to a federally insured credit union4 4 7b7 ,copies of audits of private insurers of certain depository institutions required ,to be provided to supervisory agencies ,section #dc7;a77#b77;,a7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahcat7a77#b77;,a77 is amended-- 7#a7 in clause 7i71 by striking and at the end2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting at the end the following new clause3 7iii7 in the case of depository institutions described in subsection 7e77#b77;,a7 the deposits of which are insured by the private insurer which are members of a ,federal home loan bank1 to the ,federal ,housing ,finance ,agency1 not later than #g days after the audit is completed4 4 #hbjjb4 ,,gao ,report ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study and submit a report to ,congress-- 7#a7 on the adequacy of insurance reserves held by a private deposit insurer that insures deposits in an entity described in section #dc7;e77#b77;,a7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahcat7e77#b77;,a772 and 7#b7 for an entity described in paragraph 7#a7 the deposits of which are insured by a private deposit insurer1 information on the level of compliance with ,federal regulations relating to the disclosure of a lack of ,federal deposit insurance4 ,,lxxxiii ,small ,bank ,exam ,cycle ,reform #hcjja4 ,smaller institutions qualifying for #ah-month examination cycle ,section #aj7;d7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbj7;d77 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by striking #ejj1jjj1jjj and inserting #a1jjj1jjj1jjj2 and 7,b7 in subparagraph 7,c77ii71 by striking #ajj1jjj1jjj and inserting #bjj1jjj1jjj2 and 7#b7 in paragraph 7#aj7-- 7,a7 by striking #ajj1jjj1jjj and inserting #bjj1jjj1jjj2 and 7,b7 by striking #ejj1jjj1jjj and inserting #a1jjj1jjj1jjj4 ,,lxxxiv ,small ,company ,simple ,registration #hdjja4 ,forward incorporation by reference for ,form ,s-#a ,not later than #de days after the date of the enactment of this ,act1 the ,securities and ,exchange ,commission shall revise ,form ,s-#a so as to permit a smaller reporting company 7as defined in section #bcj4dje of title #ag1 ,code of ,federal ,regulations7 to incorporate by reference in a registration statement filed on such form any documents that such company files with the ,commission after the effective date of such registration statement4 ,,lxxxv ,holding ,company ,registration ,threshold ,equalization #hejja4 ,registration threshold for savings and loan holding companies ,the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;a et seq47 is amended-- 7#a7 in section #ab7;g7-- 7,a7 in paragraph 7#a77;,b71 by inserting after is a bank the following3 1 a savings and loan holding company 7as defined in section #aj of the ,home ,owners' ,loan ,act712 and 7,b7 in paragraph 7#d71 by inserting after case of a bank the following3 1 a savings and loan holding company 7as defined in section #aj of the ,home ,owners' ,loan ,act712 and 7#b7 in section #ae7;d71 by striking case of bank and inserting the following3 case of a bank1 a savings and loan holding company 7as defined in section #aj of the ,home ,owners' ,loan ,act714 ,clerk4