,in the ,senate of the ,united ,states1 ,july #cj1 #bjae4 ,amendments3 ,that the bill from the ,house of ,representatives 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 ,act41 do pass with the following ,strike all after the enacting clause and insert the following3 #a4 ,short title ,this ,act may be cited as the ,developing a ,reliable and ,innovative ,vision for the ,economy ,act or the ,,drive ,act4 #b4 ,organization of ,act into divisions2 table of contents 7a7 ,divisions ,this ,act is organized into #i divisions as follows3 7#a7 ,division ,a-,federal-aid ,highways and ,highway ,safety ,construction ,programs4 7#b7 ,division ,b-,public ,transportation4 7#c7 ,division ,c-,comprehensive ,transportation and ,consumer ,protection ,act of #bjae4 7#d7 ,division ,d-,freight and ,major ,projects4 7#e7 ,division ,e-,finance4 7#f7 ,division ,f-,miscellaneous4 7#g7 ,division ,g-,surface ,transportation ,extension4 7#h7 ,division ,h-,budgetary ,effects4 7#i7 ,division ,i-,export-,import ,bank of the ,united ,states4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,organization of ,act into divisions2 table of contents4,sec4 #c4 ,definitions4,sec4 #d4 ,effective date4 ,,division ,a--,federal-aid highways and highway safety construction programs,t,i,t,l,e ,i--,federal-aid highways,subtitle ,a--,authorizations and programs,sec4 #aajja4 ,authorization of appropriations4,sec4 #aajjb4 ,obligation ceiling4,sec4 #aajjc4 ,apportionment4,sec4 #aajjd4 ,surface transportation program4,sec4 #aajje4 ,metropolitan transportation planning4,sec4 #aajjf4 ,statewide and nonmetropolitan transportation planning4,sec4 #aajjg4 ,highway use tax evasion projects4,sec4 #aajjh4 ,bundling of bridge projects4,sec4 #aajji4 ,flexibility for certain rural road and bridge projects4,sec4 #aajaj4 ,construction of ferry boats and ferry terminal facilities4,sec4 #aajaa4 ,highway safety improvement program4,sec4 #aajab4 ,data collection on unpaved public roads4,sec4 #aajac4 ,congestion mitigation and air quality improvement program4,sec4 #aajad4 ,transportation alternatives4,sec4 #aajae4 ,consolidation of programs4,sec4 #aajaf4 ,state flexibility for ,national ,highway ,system modifications4,sec4 #aajag4 ,toll roads1 bridges1 tunnels1 and ferries4,sec4 #aajah4 ,,hov facilities4,sec4 #aajai4 ,interstate system reconstruction and rehabilitation pilot program4,sec4 #aajbj4 ,emergency relief for federally owned roads4,sec4 #aajba4 ,bridges requiring closure or load restrictions4,sec4 #aajbb4 ,national electric vehicle charging and natural gas fueling corridors4,sec4 #aajbc4 ,asset management4,sec4 #aajbd4 ,tribal transportation program amendment4,sec4 #aajbe4 ,nationally significant ,federal lands and ,tribal projects program4,sec4 #aajbf4 ,federal lands programmatic activities4,sec4 #aajbg4 ,federal lands transportation program4,sec4 #aajbh4 ,innovative project delivery4,sec4 #aajbi4 ,obligation and release of funds4,subtitle ,b--,acceleration of project delivery,sec4 #aaaja4 ,categorical exclusion for projects of limited ,federal assistance4,sec4 #aaajb4 ,programmatic agreement template4,sec4 #aaajc4 ,agency coordination4,sec4 #aaajd4 ,initiation of environmental review process4,sec4 #aaaje4 ,improving collaboration for accelerated decision making4,sec4 #aaajf4 ,accelerated decisionmaking in environmental reviews4,sec4 #aaajg4 ,improving transparency in environmental reviews4,sec4 #aaajh4 ,integration of planning and environmental review4,sec4 #aaaji4 ,use of programmatic mitigation plans4,sec4 #aaaaj4 ,adoption of ,departmental environmental documents4,sec4 #aaaaa4 ,technical assistance for ,states4,sec4 #aaaab4 ,surface transportation project delivery program4,sec4 #aaaac4 ,categorical exclusions for multimodal projects4,sec4 #aaaad4 ,modernization of the environmental review process4,sec4 #aaaae4 ,service club1 charitable association1 or religious service signs4,sec4 #aaaaf4 ,satisfaction of requirements for certain historic sites4,sec4 #aaaag4 ,bridge exemption from consideration under certain provisions4,sec4 #aaaah4 ,elimination of barriers to improve at-risk bridges4,sec4 #aaaai4 ,at-risk project preagreement authority4,subtitle ,c--,miscellaneous,sec4 #aabja4 ,credits for untaxed transportation fuels4,sec4 #aabjb4 ,justification reports for access points on the ,interstate ,system4,sec4 #aabjc4 ,exemptions4,sec4 #aabjd4 ,high priority corridors on the ,national ,highway ,system4,sec4 #aabje4 ,repeat intoxicated driver law4,sec4 #aabjf4 ,vehicle-to-infrastructure equipment4,sec4 #aabjg4 ,relinquishment4,sec4 #aabjh4 ,transfer and sale of toll credits4,sec4 #aabji4 ,regional infrastructure accelerator demonstration program4,sec4 #aabaj4 ,sonoran ,corridor ,interstate development4,,title ,,ii--,transportation innovation,subtitle ,a--,research,sec4 #abjja4 ,research1 technology1 and education4,sec4 #abjjb4 ,intelligent transportation systems4,sec4 #abjjc4 ,future interstate study4,sec4 #abjjd4 ,researching surface transportation system funding alternatives4,subtitle ,b--,data,sec4 #abaja4 ,tribal data collection4,sec4 #abajb4 ,performance management data support program4,subtitle ,c--,transparency and best practices,sec4 #abbja4 ,every ,day ,counts initiative4,sec4 #abbjb4 ,department of ,transportation performance measures4,sec4 #abbjc4 ,grant program for achievement in transportation for performance and innovation4,sec4 #abbjd4 ,highway trust fund transparency and accountability4,sec4 #abbje4 ,report on highway trust fund administrative expenditures4,sec4 #abbjf4 ,availability of reports4,sec4 #abbjg4 ,performance period adjustment4,sec4 #abbjh4 ,design standards4,,title ,,iii--,transportation infrastructure finance and innovation act of #aiih amendments,sec4 #acjja4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments4,,title ,,iv--,technical corrections,sec4 #adjja4 ,technical corrections4,,title ,v--,miscellaneous,sec4 #aejja4 ,appalachian development highway system4,sec4 #aejjb4 ,appalachian regional development program4,sec4 #aejjc4 ,water infrastructure finance and innovation4,sec4 #aejjd4 ,administrative provisions to encourage pollinator habitat and forage on transportation rights-of-way4,sec4 #aejje4 ,study on performance of bridges4,sec4 #aejjf4 ,sport fish restoration and recreational boating safety4,,division ,b--,public ,transportation,t,i,t,l,e ,,xxi--,federal ,public ,transportation ,act,sec4 #bajja4 ,short title4,sec4 #bajjb4 ,definitions4,sec4 #bajjc4 ,metropolitan transportation planning4,sec4 #bajjd4 ,statewide and nonmetropolitan transportation planning4,sec4 #bajje4 ,urbanized area formula grants4,sec4 #bajjf4 ,fixed guideway capital investment grants4,sec4 #bajjg4 ,mobility of seniors and individuals with disabilities4,sec4 #bajjh4 ,formula grants for rural areas4,sec4 #bajji4 ,research1 development1 demonstration1 and deployment program4,sec4 #bajaj4 ,private sector participation4,sec4 #bajaa4 ,innovative procurement4,sec4 #bajab4 ,human resources and training4,sec4 #bajac4 ,general provisions4,sec4 #bajad4 ,project management oversight4,sec4 #bajae4 ,public transportation safety program4,sec4 #bajaf4 ,state of good repair grants4,sec4 #bajag4 ,authorizations4,sec4 #bajah4 ,grants for bus and bus facilities4,sec4 #bajai4 ,salary of ,federal ,transit ,administrator4,sec4 #bajbj4 ,technical and conforming amendments4,,division ,c--,comprehensive ,transportation and ,consumer ,protection ,act of #bjae,sec4 #cajja4 ,short title4,sec4 #cajjb4 ,references to title #di1 ,united ,states ,code4,sec4 #cajjc4 ,effective date4,,title ,,xxxi--,office of the ,secretary,subtitle ,a--,accelerating project delivery,sec4 #caaja4 ,delegation of authority4,sec4 #caajb4 ,infrastructure ,permitting ,improvement ,center4,sec4 #caajc4 ,accelerated decision-making in environmental reviews4,sec4 #caajd4 ,environmental review alignment and reform4,sec4 #caaje4 ,multimodal categorical exclusions4,sec4 #caajf4 ,improving transparency in environmental reviews4,sec4 #caajg4 ,local transportation infrastructure program4,sec4 #caajh4 ,authorization of grants for positive train control4,subtitle ,b--,research,sec4 #cabja4 ,findings4,sec4 #cabjb4 ,modal research plans4,sec4 #cabjc4 ,consolidated research prospectus and strategic plan4,sec4 #cabjd4 ,research ,ombudsman4,sec4 #cabje4 ,smart cities transportation planning study4,sec4 #cabjf4 ,bureau of ,transportation ,statistics independence4,sec4 #cabjg4 ,conforming amendments4,sec4 #cabjh4 ,repeal of obsolete office4,subtitle ,c--,port ,performance ,act,sec4 #cacja4 ,short title4,sec4 #cacjb4 ,findings4,sec4 #cacjc4 ,port performance freight statistics program4,,title ,,xxxii--,commercial motor vehicle and driver programs,subtitle ,a--,compliance1 ,safety1 and ,accountability ,reform,sec4 #cbjja4 ,correlation study4,sec4 #cbjjb4 ,safety improvement metrics4,sec4 #cbjjc4 ,data certification4,sec4 #cbjjd4 ,data improvement4,sec4 #cbjje4 ,accident report information4,sec4 #cbjjf4 ,post-accident report review4,sec4 #cbjjg4 ,recognizing excellence in safety4,sec4 #cbjjh4 ,high risk carrier reviews4,subtitle ,b--,transparency and accountability,sec4 #cbbja4 ,petitions for regulatory relief4,sec4 #cbbjb4 ,inspector standards4,sec4 #cbbjc4 ,technology improvements4,subtitle ,c--,trucking rules updated by comprehensive and key safety reform,sec4 #cbcja4 ,update on statutory requirements4,sec4 #cbcjb4 ,statutory rulemaking4,sec4 #cbcjc4 ,guidance reform4,sec4 #cbcjd4 ,petitions4,sec4 #cbcje4 ,regulatory reform4,subtitle ,d--,state authorities,sec4 #cbdja4 ,emergency route working group4,sec4 #cbdjb4 ,additional ,state authority4,sec4 #cbdjc4 ,commercial driver access4,subtitle ,e--,motor carrier safety grant consolidation,sec4 #cbeja4 ,definitions4,sec4 #cbejb4 ,grants to ,states4,sec4 #cbejc4 ,new entrant safety review program study4,sec4 #cbejd4 ,performance and registration information systems management4,sec4 #cbeje4 ,authorization of appropriations4,sec4 #cbejf4 ,commercial driver's license program implementation4,sec4 #cbejg4 ,extension of ,federal motor carrier safety programs for fiscal year #bjaf4,sec4 #cbejh4 ,motor carrier safety assistance program allocation4,sec4 #cbeji4 ,maintenance of effort calculation4,subtitle ,f--,miscellaneous provisions,sec4 #cbfja4 ,windshield technology4,sec4 #cbfjb4 ,electronic logging devices requirements4,sec4 #cbfjc4 ,lapse of required financial security2 suspension of registration4,sec4 #cbfjd4 ,access to ,national ,driver ,register4,sec4 #cbfje4 ,study on commercial motor vehicle driver commuting4,sec4 #cbfjf4 ,household goods consumer protection working group4,sec4 #cbfjg4 ,interstate van operations4,sec4 #cbfjh4 ,report on design and implementation of wireless roadside inspection systems4,sec4 #cbfji4 ,motorcoach hours of service study4,sec4 #cbfaj4 ,,gao ,review of school bus safety4,sec4 #cbfaa4 ,use of hair testing for preemployment and random controlled substances tests4,,title ,,xxxiii--,hazardous materials,sec4 #ccaja4 ,endorsements4,sec4 #ccajb4 ,enhanced reporting4,sec4 #ccajc4 ,hazardous material information4,sec4 #ccajd4 ,national emergency and disaster response4,sec4 #ccaje4 ,authorization of appropriations4,,title ,,xxxiv--,highway and motor vehicle safety,subtitle ,a--,highway traffic safety,p,a,r,t ,i--,highway safety,sec4 #cdaja4 ,authorization of appropriations4,sec4 #cdajb4 ,highway safety programs4,sec4 #cdajc4 ,grants for alcohol-ignition interlock laws and #bd-g sobriety programs4,sec4 #cdajd4 ,repeat offender criteria4,sec4 #cdaje4 ,study on the national roadside survey of alcohol and drug use by drivers4,sec4 #cdajf4 ,increasing public awareness of the dangers of drug-impaired driving4,sec4 #cdajg4 ,improvement of data collection on child occupants in vehicle crashes4,,part ,,ii--,stop ,motorcycle ,checkpoint ,funding ,act,sec4 #cdaba4 ,short title4,sec4 #cdabb4 ,grant restriction4,,part ,,iii--,improving ,driver ,safety ,act of #bjae,sec4 #cdaca4 ,short title4,sec4 #cdacb4 ,distracted driving incentive grants4,sec4 #cdacc4 ,barriers to data collection report4,sec4 #cdacd4 ,minimum requirements for ,state graduated driver licensing incentive grant program4,,part ,,iv--,technical and conforming amendments,sec4 #cdada4 ,technical corrections to the ,motor ,vehicle and ,highway ,safety ,improvement ,act of #bjab4,subtitle ,b--,vehicle safety,sec4 #cdbja4 ,authorization of appropriations4,sec4 #cdbjb4 ,inspector ,general recommendations4,sec4 #cdbjc4 ,improvements in availability of recall information4,sec4 #cdbjd4 ,recall process4,sec4 #cdbje4 ,pilot grant program for ,state notification to consumers of motor vehicle recall status4,sec4 #cdbjf4 ,recall obligations under bankruptcy4,sec4 #cdbjg4 ,dealer requirement to check for open recall4,sec4 #cdbjh4 ,extension of time period for remedy of tire defects4,sec4 #cdbji4 ,rental car safety4,sec4 #cdbaj4 ,increase in civil penalties for violations of motor vehicle safety4,sec4 #cdbaa4 ,electronic odometer disclosures4,sec4 #cdbab4 ,corporate responsibility for ,,nhtsa reports4,sec4 #cdbac4 ,direct vehicle notification of recalls4,sec4 #cdbad4 ,unattended children warning4,sec4 #cdbae4 ,tire pressure monitoring system4,subtitle ,c--,research and development and vehicle electronics,sec4 #cdcja4 ,report on operations of the ,council for ,vehicle ,electronics1 ,vehicle ,software1 and ,emerging ,technologies4,sec4 #cdcjb4 ,cooperation with foreign governments4,subtitle ,d--,miscellaneous provisions,p,a,r,t ,i--,driver ,privacy ,act of #bjae,sec4 #cddja4 ,short title4,sec4 #cddjb4 ,limitations on data retrieval from vehicle event data recorders4,sec4 #cddjc4 ,vehicle event data recorder study4,,part ,,ii--,safety ,through ,informed ,consumers ,act of #bjae,sec4 #cddba4 ,short title4,sec4 #cddbb4 ,passenger motor vehicle information4,,part ,,iii--,tire ,efficiency1 ,safety1 and ,registration ,act of #bjae,sec4 #cddca4 ,short title4,sec4 #cddcb4 ,tire fuel efficiency minimum performance standards4,sec4 #cddcc4 ,tire registration by independent sellers4,sec4 #cddcd4 ,tire recall database4,,title ,,xxxv--,railroad ,reform1 ,enhancement1 and ,efficiency,sec4 #cejja4 ,short title4,sec4 #cejjb4 ,passenger transportation2 definitions4,subtitle ,a--,authorization of appropriations,sec4 #ceaja4 ,authorization of grants to ,amtrak4,sec4 #ceajb4 ,national infrastructure and safety investments4,sec4 #ceajc4 ,authorization of appropriations for ,national ,transportation ,safety ,board rail investigations4,sec4 #ceajd4 ,authorization of appropriations for ,amtrak ,office of ,inspector ,general4,sec4 #ceaje4 ,national cooperative rail research program4,subtitle ,b--,amtrak reform,sec4 #cebja4 ,amtrak grant process4,sec4 #cebjb4 #e-year business line and assets plans4,sec4 #cebjc4 ,state-supported route committee4,sec4 #cebjd4 ,route and service planning decisions4,sec4 #cebje4 ,competition4,sec4 #cebjf4 ,rolling stock purchases4,sec4 #cebjg4 ,food and beverage policy4,sec4 #cebjh4 ,local products and promotional events4,sec4 #cebji4 ,right-of-way leveraging4,sec4 #cebaj4 ,station development4,sec4 #cebaa4 ,amtrak debt4,sec4 #cebab4 ,amtrak pilot program for passengers transporting domesticated cats and dogs4,sec4 #cebac4 ,amtrak board of directors4,sec4 #cebad4 ,amtrak boarding procedures4,subtitle ,c--,intercity passenger rail policy,sec4 #cecja4 ,competitive operating grants4,sec4 #cecjb4 ,federal-,state partnership for state of good repair4,sec4 #cecjc4 ,large capital project requirements4,sec4 #cecjd4 ,small business participation study4,sec4 #cecje4 ,gulf coast rail service working group4,sec4 #cecjf4 ,integrated passenger rail working group4,sec4 #cecjg4 ,shared-use study4,sec4 #cecjh4 ,northeast ,corridor ,commission4,sec4 #cecji4 ,northeast ,corridor through-ticketing and procurement efficiencies4,sec4 #cecaj4 ,data and analysis4,sec4 #cecaa4 ,performance-based proposals4,sec4 #cecab4 ,amtrak ,inspector ,general4,sec4 #cecac4 ,miscellaneous provisions4,subtitle ,d--,rail safety,p,a,r,t ,i--,safety improvement,sec4 #cedja4 ,highway-rail grade crossing safety4,sec4 #cedjb4 ,speed limit action plans4,sec4 #cedjc4 ,signage4,sec4 #cedjd4 ,alerters4,sec4 #cedje4 ,signal protection4,sec4 #cedjf4 ,technology implementation plans4,sec4 #cedjg4 ,commuter rail track inspections4,sec4 #cedjh4 ,emergency response4,sec4 #cedji4 ,private highway-rail grade crossings4,sec4 #cedaj4 ,repair and replacement of damaged track inspection equipment4,sec4 #cedaa4 ,rail police officers4,sec4 #cedab4 ,operation deep dive2 report4,sec4 #cedac4 ,post-accident assessment4,sec4 #cedad4 ,technical and conforming amendments4,sec4 #cedae4 ,,gao study on use of locomotive horns at highway-rail grade crossings4,sec4 #cedaf4 ,bridge inspection reports4,,part ,,ii--,consolidated rail infrastructure and safety improvements,sec4 #cedba4 ,consolidated rail infrastructure and safety improvements4,,part ,,iii--,hazardous materials by rail safety and other safety enhancements,sec4 #cedca4 ,real-time emergency response information4,sec4 #cedcb4 ,thermal blankets4,sec4 #cedcc4 ,comprehensive oil spill response plans4,sec4 #cedcd4 ,hazardous materials by rail liability study4,sec4 #cedce4 ,study and testing of electronically-controlled pneumatic brakes4,sec4 #cedcf4 ,recording devices4,sec4 #cedcg4 ,rail passenger transportation liability4,sec4 #cedch4 ,modification reporting4,sec4 #cedci4 ,report on crude oil characteristics research study4,,part ,,iv--,positive train control,sec4 #cedda4 ,coordination of spectrum4,sec4 #ceddb4 ,updated plans4,sec4 #ceddc4 ,early adoption and interoperability4,sec4 #ceddd4 ,positive train control at grade crossings effectiveness study4,subtitle ,e--,project delivery,sec4 #ceeja4 ,short title4,sec4 #ceejb4 ,preservation of public lands4,sec4 #ceejc4 ,efficient environmental reviews4,sec4 #ceejd4 ,advance acquisition4,sec4 #ceeje4 ,railroad rights-of-way4,sec4 #ceejf4 ,savings clause4,sec4 #ceejg4 ,transition4,subtitle ,f--,financing,sec4 #cefja4 ,short title2 references4,sec4 #cefjb4 ,definitions4,sec4 #cefjc4 ,eligible applicants4,sec4 #cefjd4 ,eligible purposes4,sec4 #cefje4 ,program administration4,sec4 #cefjf4 ,loan terms and repayment4,sec4 #cefjg4 ,credit risk premiums4,sec4 #cefjh4 ,master credit agreements4,sec4 #cefji4 ,priorities and conditions4,sec4 #cefaj4 ,savings provision4,,division ,d--,freight and ,major projects,t,i,t,l,e ,,xli--,freight policy ,sec4 #dajja4 ,establishment of freight chapter4,sec4 #dajjb4 ,national multimodal freight policy4,sec4 #dajjc4 ,national multimodal freight network4,,title ,,xlii--,planning,sec4 #dbjja4 ,national freight strategic plan4,sec4 #dbjjb4 ,state freight advisory committees4,sec4 #dbjjc4 ,state freight plans4,sec4 #dbjjd4 ,freight data and tools4,sec4 #dbjje4 ,savings provision4,,title ,,xliii--,formula freight program,sec4 #dcjja4 ,national highway freight program4,,title ,,xliv--,grants,sec4 #ddjja4 ,purpose2 definitions2 administration4,sec4 #ddjjb4 ,grants4,,division ,e--,finance,sec4 #ejjja4 ,short title4,,title ,,li--,highway trust fund and related taxes,subtitle ,a--,extension of trust fund expenditure authority and related taxes,sec4 #eaaja4 ,extension of trust fund expenditure authority4,sec4 #eaajb4 ,extension of highway-related taxes4,subtitle ,b--,additional transfers to ,highway ,trust ,fund,sec4 #eabja4 ,further additional transfers to trust fund4,sec4 #eabjb4 ,transfer to ,highway ,trust ,fund of certain motor vehicle safety penalties4,sec4 #eabjc4 ,appropriation from ,leaking ,underground ,storage ,tank ,trust ,fund4,,title ,,lii--,offsets,subtitle ,a--,tax provisions,sec4 #ebaja4 ,consistent basis reporting between estate and person acquiring property from decedent4,sec4 #ebajb4 ,revocation or denial of passport in case of certain unpaid taxes4,sec4 #ebajc4 ,clarification of #f-year statute of limitations in case of overstatement of basis4,sec4 #ebajd4 ,additional information on returns relating to mortgage interest4,sec4 #ebaje4 ,return due date modifications4,sec4 #ebajf4 ,reform of rules relating to qualified tax collection contracts4,sec4 #ebajg4 ,special compliance personnel program4,sec4 #ebajh4 ,transfers of excess pension assets to retiree health accounts4,subtitle ,b--,fees and receipts,sec4 #ebbja4 ,extension of deposits of security service fees in the general fund4,sec4 #ebbjb4 ,adjustment for inflation of fees for certain customs services4,sec4 #ebbjc4 ,dividends and surplus funds of ,reserve banks4,sec4 #ebbjd4 ,strategic ,petroleum ,reserve drawdown and sale4,sec4 #ebbje4 ,extension of enterprise guarantee fee4,subtitle ,c--,outlays,sec4 #ebcja4 ,interest on overpayment4,,division ,f--,miscellaneous,t,i,t,l,e ,,lxi--,federal ,permitting ,improvement,sec4 #fajja4 ,definitions4,sec4 #fajjb4 ,federal ,permitting ,improvement ,council4,sec4 #fajjc4 ,permitting process improvement4,sec4 #fajjd4 ,interstate compacts4,sec4 #fajje4 ,coordination of required reviews4,sec4 #fajjf4 ,delegated ,state permitting programs4,sec4 #fajjg4 ,litigation1 judicial review1 and savings provision4,sec4 #fajjh4 ,report to ,congress4,sec4 #fajji4 ,funding for governance1 oversight1 and processing of environmental reviews and permits4,sec4 #fajaj4 ,application4,sec4 #fajaa4 ,,gao ,report4,,title ,,lxii--,additional provisions,sec4 #fbjja4 ,hire ,more ,heroes4,,division ,g--,surface transportation extension ,sec4 #gjjja4 ,short title4,,title ,,lxxi--,extension of ,federal-aid highway programs,sec4 #gajja4 ,extension of ,federal-aid highway programs4,sec4 #gajjb4 ,administrative expenses4,,title ,,lxxii--,temporary extension of public transportation programs,sec4 #gbjja4 ,formula grants for rural areas4,sec4 #gbjjb4 ,apportionment of appropriations for formula grants4,sec4 #gbjjc4 ,authorizations for public transportation4,sec4 #gbjjd4 ,bus and bus facilities formula grants4,,title ,,lxxiii--,extension of highway safety programs,subtitle ,a--,extension of ,highway ,safety ,programs,sec4 #gcaja4 ,extension of ,national ,highway ,traffic ,safety ,administration highway safety programs4,sec4 #gcajb4 ,extension of ,federal ,motor ,carrier ,safety ,administration programs4,sec4 #gcajc4 ,dingell-,johnson ,sport ,fish ,restoration ,act4,subtitle ,b--,hazardous ,materials,sec4 #gcbja4 ,authorization of appropriations4,,title ,,lxxiv--,revenue provisions,sec4 #gdjja4 ,extension of trust fund expenditure authority4,,division ,h--,budgetary effects,sec4 #hjjja4 ,budgetary effects4,sec4 #hjjjb4 ,maintenance of highway trust fund cash balance4,sec4 #hjjjc4 ,prohibition on rescissions of certain contract authority4,,division ,i--,export-,import ,bank of the ,united ,states,sec4 #ijjja4 ,short title4,,title ,,xci--,taxpayer protection provisions and increased accountability,sec4 #iajja4 ,reduction in authorized amount of outstanding loans1 guarantees1 and insurance4,sec4 #iajjb4 ,increase in loss reserves4,sec4 #iajjc4 ,review of fraud controls4,sec4 #iajjd4 ,office of ,ethics4,sec4 #iajje4 ,chief ,risk ,officer4,sec4 #iajjf4 ,risk ,management ,committee4,sec4 #iajjg4 ,independent audit of bank portfolio4,sec4 #iajjh4 ,pilot program for reinsurance4,,title ,,xcii--,promotion of small business exports,sec4 #ibjja4 ,increase in small business lending requirements4,sec4 #ibjjb4 ,report on programs for small and medium-sized businesses4,,title ,,xciii--,modernization of operations,sec4 #icjja4 ,electronic payments and documents4,sec4 #icjjb4 ,reauthorization of information technology updating4,,title ,,xciv--,general provisions,sec4 #idjja4 ,extension of authority4,sec4 #idjjb4 ,certain updated loan terms and amounts4,,title ,,xcv--,other matters,sec4 #iejja4 ,prohibition on discrimination based on industry4,sec4 #iejjb4 ,negotiations to end export credit financing4,sec4 #iejjc4 ,study of financing for information and communications technology systems4 #c4 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means the ,department of ,transportation4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #d4 ,effective date ,except as otherwise provided1 divisions ,a1 ,b1 ,c1 and ,d1 including the amendments made by those divisions1 take effect on ,october #a1 #bjae4 ,a ,federal-aid highways and highway safety construction programs ,i ,federal-aid highways ,a ,authorizations and programs #aajja4 ,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 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 the national freight program under section #afg of that title1 the transportation alternatives program under section #bac of that title1 and to carry out section #acd of that title-- 7,a7 #ci1egi1ejj1jjj for fiscal year #bjaf2 7,b7 #dj1gga1cjj1jjj for fiscal year #bjag2 7,c7 #db1abg1ajj1jjj for fiscal year #bjah2 7,d7 #dc1dgf1djj1jjj for fiscal year #bjai2 7,e7 #dd1egj1gjj1jjj for fiscal year #bjbj2 and 7,f7 #de1fia1ijj1jjj 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 #cjj1jjj1jjj 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 #die1jjj1jjj for fiscal year #bjai2 7v7 #eje1jjj1jjj for fiscal year #bjbj2 and 7vi7 #eae1jjj1jjj for fiscal year #bjba4 7,b7 ,federal lands transportation program 7i7 ,authorization ,for the ,federal lands transportation program under section #bjc of title #bc1 ,united ,states ,code-- 7,i7 #cje1jjj1jjj for fiscal year #bjaf2 7,,ii7 #caj1jjj1jjj for fiscal year #bjag2 7,,iii7 #cae1jjj1jjj for fiscal year #bjah2 7,,iv7 #cbj1jjj1jjj for fiscal year #bjai2 7,v7 #cbe1jjj1jjj for fiscal year #bjbj2 and 7,,vi7 #ccj1jjj1jjj for fiscal year #bjba4 7ii7 ,special rule 7,i7 #bdj1jjj1jjj of the amount made available for each fiscal year shall be the amount for the ,national ,park ,service2 and 7,,ii7 #cj1jjj1jjj of the amount made available for each fiscal year shall be the amount for the ,united ,states ,fish and ,wildlife ,service4 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 #aij1jjj1jjj for each of fiscal years #bjaf through #bjba4 7#e7 ,assistance for major projects program ,for the assistance for major projects program under section #aga of title #bc1 ,united ,states ,code-- 7,a7 #bej1jjj1jjj for fiscal year #bjaf2 7,b7 #cjj1jjj1jjj for fiscal year #bjag2 7,c7 #cej1jjj1jjj for fiscal year #bjah2 7,d7 #djj1jjj1jjj for fiscal year #bjai2 7,e7 #djj1jjj1jjj for fiscal year #bjbj2 and 7,f7 #djj1jjj1jjj for fiscal year #bjba4 7b7 ,research1 technology1 and education authorizations 7#a7 ,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 research and development program ,to carry out the highway research and development program under section #ejc7;b7 of title #bc1 ,united ,states ,code1 #acj1jjj1jjj for each of fiscal years #bjaf through #bjba4 7,b7 ,technology and innovation deployment program ,to carry out the technology and innovation deployment program under section #ejc7;c7 of title #bc1 ,united ,states ,code1 #fb1ejj1jjj for each of fiscal years #bjaf through #bjba4 7,c7 ,training and education ,to carry out training and education under section #ejd of title #bc1 ,united ,states ,code1 #bd1jjj1jjj for each of fiscal years #bjaf through #bjba4 7,d7 ,intelligent transportation systems program ,to carry out the intelligent transportation systems program under sections #eab through #eah of title #bc1 ,united ,states ,code1 #ajj1jjj1jjj for each of fiscal years #bjaf through #bjba4 7,e7 ,university transportation centers program ,to carry out the university transportation centers program under section #eeje of title #di1 ,united ,states ,code1 #gb1ejj1jjj for each of fiscal years #bjaf through #bjba4 7#b7 ,bureau of ,transportation ,statistics ,there are authorized to be appropriated out of the general fund of the ,treasury to carry out chapter #fc of title #di1 ,united ,states ,code1 #bf1jjj1jjj for each of fiscal years #bjaf through #bjba4 7#c7 ,administration ,the ,federal ,highway ,administration shall administer the programs described in subparagraphs 7,d7 and 7,e7 of paragraph 7#a74 7#d7 ,applicability of title #bc1 united states code ,funds authorized to be appropriated by paragraph 7#a7 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 ,code2 7,b7 remain available until expended2 and 7,c7 not be transferable4 7c7 ,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 divisions ,a and ,b 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#b7 in the ,state1 including the location of the small business concerns in the ,state2 and 7,b7 notify the ,secretary1 in writing1 of the percentage of the small business concerns that are controlled by-- 7i7 women2 7ii7 socially and economically disadvantaged individuals 7other than women72 and 7iii7 individuals who are women and are otherwise socially and economically disadvantaged individuals4 7#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 divisions ,a and ,b of this ,act and section #djc of title #bc1 ,united ,states ,code1 if the individual or entity is prevented1 in whole or in part1 from complying with paragraph 7#b7 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of paragraph 7#b7 is unconstitutional4 7d7 ,conforming amendment ,section #aaja7;b7 of ,,map-#ba 7,public ,law #aab-ada2 #abf ,stat4 #dad7 is repealed4 #aajjb4 ,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 #da1fbe1ejj1jjj for fiscal year #bjaf2 7#b7 #db1hif1cjj1jjj for fiscal year #bjag2 7#c7 #dd1cca1ajj1jjj for fiscal year #bjah2 7#d7 #de1gei1djj1jjj for fiscal year #bjai2 7#e7 #df1hhb1gjj1jjj for fiscal year #bjbj2 and 7#f7 #dh1jcb1ijj1jjj 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 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#aj7 ,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#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 each of 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 shall-- 7#a7 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 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 determine the proportion that-- 7,a7 an amount equal to the difference between-- 7i7 the obligation authority provided by subsection 7a7 for the fiscal year2 and 7ii7 the aggregate amount not distributed under paragraphs 7#a7 and 7#b72 bears to 7,b7 an amount equal to the difference between-- 7i7 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 year72 and 7ii7 the aggregate amount not distributed under paragraphs 7#a7 and 7#b72 7#d7 distribute the obligation authority provided by subsection 7a71 less the aggregate amount 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 section #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 distribute the obligation authority provided by subsection 7a71 less the aggregate amount 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 ,code1 7other than the amounts apportioned for the national highway performance program under 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#abf ,stat4 #dje77 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 chapter #e of title #bc1 ,united ,states ,code4 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 #aajjc4 ,apportionment 7a7 ,in general ,section #ajd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 #def1jjj1jjj for fiscal year #bjaf2 7,b7 #dfe1jjj1jjj for fiscal year #bjag2 7,c7 #dgd1jjj1jjj for fiscal year #bjah2 7,d7 #dhc1jjj1jjj for fiscal year #bjai2 7,e7 #dib1jjj1jjj for fiscal year #bjbj2 and 7,f7 #eja1jjj1jjj for fiscal year #bjba4 2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking and the congestion mitigation and air quality improvement program and inserting the congestion mitigation and air quality improvement program1 the national freight program2 7,b7 in each of paragraphs 7#a71 7#b71 and 7#c7 by striking paragraphs 7#d7 and 7#e7 each place it appears and inserting paragraphs 7#d71 7#e71 and 7#f71 and section #bac7;a72 7,c7 in paragraph 7#a71 by striking #fc4g percent and inserting #fe percent2 7,d7 in paragraph 7#b71 by striking #bi4c percent and inserting #bi percent2 7,e7 in paragraph 7#c71 by striking #g percent and inserting #f percent2 7,f7 in paragraph 7#d71 in the matter preceding subparagraph 7,a71 by striking determined for the ,state under subsection 7c7 and inserting remaining under subsection 7c7 after making the set-asides in accordance with paragraph 7#e7 and section #bac7;a72 7,g7 by redesignating paragraph 7#e7 as paragraph 7#f72 7,h7 by inserting after paragraph 7#d7 the following3 7#e7 ,national freight program 7,a7 ,in general ,for the national freight program under section #afg1 the ,secretary shall set aside from the amount determined for a ,state under subsection 7c7 an amount determined for the ,state under subparagraphs 7,b7 and 7,c74 7,b7 ,total amount ,the total amount set aside for the national freight program for all ,states shall be-- 7i7 #a1jjj1jjj1jjj for fiscal year #bjaf2 7ii7 #a1dej1jjj1jjj for fiscal year #bjag2 7iii7 #b1jjj1jjj1jjj for fiscal year #bjah2 7iv7 #b1cjj1jjj1jjj for fiscal year #bjai2 7v7 #b1djj1jjj1jjj for fiscal year #bjbj2 and 7vi7 #b1ejj1jjj1jjj for fiscal year #bjba4 7,c7 ,state share ,the ,secretary shall distribute among the ,states the total set-aside amount for the national freight program under subparagraph 7,b7 so that each ,state receives an amount equal to the proportion that-- 7i7 the total apportionment determined under subsection 7c7 for a ,state2 bears to 7ii7 the total apportionments for all ,states4 7,d7 ,metropolitan planning ,of the amount set aside under this paragraph for a ,state1 the ,secretary shall use to carry out section #acd an amount determined by multiplying the set-aside amount by the proportion that-- 7i7 the amount apportioned to the ,state to carry out section #acd for fiscal year #bjji2 bears to 7ii7 the total amount of funds apportioned to the ,state for that fiscal year for the programs referred to in section #aje7;a77#b71 except for the high priority projects program referred to in section #aje7;a77#b77;,h7 7as in effect on the day before the date of enactment of ,,map-#ba 7,public ,law #aab-ada2 #abf ,stat4 #dje74 2 and 7,i7 in paragraph 7#f7 7as redesignated by subparagraph 7,g771 in the matter preceding subparagraph 7,a71 by striking determined for the ,state under subsection 7c7 and inserting remaining under subsection 7c7 after making the set-asides in accordance with paragraph 7#e7 and section #bac7;a72 and 7#c7 in subsection 7c7 by adding at the end the following3 7#c7 ,for fiscal years #bjaf through #bjba 7,a7 ,state share ,for each of fiscal years #bjaf through #bjba1 the amount for each ,state of combined apportionments for the national highway performance program under section #aai1 the surface transportation program under section #acc1 the highway safety improvement program under section #adh1 the congestion mitigation and air quality improvement program under section #adi1 the national freight program under section #afg1 the transportation alternatives program under section #bac1 and to carry out section #acd1 shall be determined as follows3 7i7 ,initial amount ,the initial amount for each ,state shall be determined by multiplying the total amount available for apportionment by 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 #bjad2 bears to 7,,ii7 the amount of those apportionments received by all ,states for that fiscal year4 7ii7 ,adjustments to amounts ,the initial amounts resulting from the calculation under clause 7i7 shall be adjusted to ensure that1 for each ,state1 the amount of combined apportionments for the programs shall not be less than #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 ,for each of fiscal years #bjaf through #bjba1 on ,october #a1 the ,secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section #aai1 the surface transportation program under section #acc1 the highway safety improvement program under section #adh1 the congestion mitigation and air quality improvement program under section #adi1 the national freight program under section #afg1 the transportation alternatives program under section #bac1 and to carry out section #acd in accordance with subparagraph 7,a74 4 7b7 ,conforming amendments 7#a7 ,section #ajd7;d77#a77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking subsection 7b77#e7 each place it appears and inserting paragraphs 7#e77;,d7 and 7#f7 of subsection 7b74 7#b7 ,section #abj7;c77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking or 7#e7 and inserting 7#e77;,d71 or 7#f72 and 7,b7 in subparagraph 7,c77i71 by striking and 7#e7 and inserting 7#e77;,d71 and 7#f74 7#c7 ,section #ace7;i7 of title #bc1 ,united ,states ,code1 is amended by striking section #ajd7;b77#e7 and inserting paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b74 7#d7 ,section #acf7;b7 of title #bc1 ,united ,states ,code1 is amended in the first sentence by striking paragraphs 7#a7 through 7#e7 of section #ajd7;b7 and inserting paragraphs 7#a7 through 7#f7 of section #ajd7;b74 7#e7 ,section #ada7;b77#b7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#a7 through 7#e7 of section #ajd7;b7 and inserting paragraphs 7#a7 through 7#f7 of section #ajd7;b74 7#f7 ,section #eje7;a7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking through 7#d7 and inserting through 7#e74 #aajjd4 ,surface transportation program ,section #acc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#aj71 by inserting 1 including emergency evacuation plans after programs2 and 7,b7 in paragraph 7#ac71 by adding a period at the end2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking the semicolon at the end and inserting or for projects described in paragraphs 7#b71 7#d71 7#f71 7#g71 7#aa71 7#bj71 7#be71 and 7#bf7 of subsection 7b72 and2 7,b7 by striking paragraph 7#b72 and 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b72 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking #ej percent and inserting #ee percent2 and 7,,ii7 in clause 7ii71 by striking greater than #e1jjj and inserting of #e1jjj or more2 and 7ii7 in subparagraph 7,b71 by striking #ej percent and inserting #de percent2 and 7,b7 in paragraph 7#c7-- 7i7 by striking paragraph 7#a77;,a77ii7 and inserting paragraph 7#a77;,a77iii72 and 7ii7 by striking greater than #e1jjj and less than #bjj1jjj and inserting of #e1jjj to #bjj1jjj2 7#d7 in subsection 7f77#a7-- 7,a7 by striking #ajd7;b77#c7 and inserting #ajd7;b77#b72 and 7,b7 by striking the period of fiscal years #bjaa through #bjad and inserting each fiscal year2 7#e7 by redesignating subsection 7h7 as subsection 7i72 7#f7 in subsection 7g7-- 7,a7 by striking the subsection designation and heading and all that follows through paragraph 7#a7 and inserting the following3 7g7 ,bridges off the ,national ,highway ,system 7#a7 ,definition of off-,,nhs bridge ,in this subsection1 the term off-,,nhs bridge means a highway bridge located on a public road1 other than a bridge on the ,national ,highway ,system4 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,set-aside ,each ,state shall obligate for replacement 7including replacement with fill material71 rehabilitation1 preservation1 and protection 7including scour countermeasures1 seismic retrofits1 impact protection measures1 security countermeasures1 and protection against extreme events7 for off-,,nhs bridges an amount equal to the greater of-- 7i7 #ae percent of the amount apportioned to the ,state under section #ajd7;b77#b72 and 7ii7 an amount equal to at least #aaj percent of the amount of funds set aside for bridges not on ,federal-aid highways in the ,state for fiscal year #bjad4 2 7ii7 in subparagraph 7,b71 by striking off-system and inserting off-,,nhs2 and 7iii7 by adding at the end the following3 7,c7 ,set-aside for certain off-nhs bridges ,each ,state shall obligate an amount equal to not less than #ej percent of the amount set aside under subparagraph 7,a7 for off-,,nhs bridges located on public roads that are not ,federal-aid highways4 2 and 7,c7 by redesignating paragraph 7#c7 as subsection 7h72 7#g7 in subsection 7h7 7as so redesignated7-- 7,a7 by striking the heading and inserting ,credit for bridges not on the ,national ,highway ,system4--2 7,b7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and indenting appropriately2 and 7,c7 in the matter preceding paragraph 7#a7 7as so redesignated7-- 7i7 by striking the replacement of a bridge or rehabilitation of2 and 7ii7 by striking 1 and is determined by the ,secretary upon completion to be no longer a deficient bridge2 7#h7 in subsection 7i77#a7 7as redesignated by paragraph 7#e771 by striking under subsection 7d77#a77;,a77iii7 for each of fiscal years #bjac through #bjad and inserting under subsection 7d77#a77;,a77ii7 for each fiscal year2 and 7#i7 by adding at the end the following3 7j7 ,border ,states 7#a7 ,in general ,after consultation with relevant transportation planning organizations1 the ,governor of a ,state that shares a land border with ,canada or ,mexico may designate for each fiscal year not more than #e percent of funds made available to the ,state under subsection 7d77#a77;,b7 for border infrastructure projects eligible under section #acjc of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aji-ei74 7#b7 ,use of funds ,funds designated under this subsection shall be available under the requirements of section #acjc of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aji-ei74 7#c7 ,certification ,before making a designation under paragraph 7#a71 the ,governor shall certify that the designation is consistent with transportation planning requirements under this title4 7#d7 ,notification ,not later than #cj days after making a designation under paragraph 7#a71 the ,governor shall submit to the relevant transportation planning organizations within the border region a written notification of any suballocated or distributed amount of funds available for obligation by jurisdiction4 7#e7 ,limitation ,this subsection applies only to funds apportioned to a ,state after the date of enactment of the ,,drive ,act4 7#f7 ,deadline for designation ,a designation under paragraph 7#a7 shall-- 7,a7 be submitted to the ,secretary not later than #cj days before the beginning of the fiscal year for which the designation is being made2 and 7,b7 remain in effect for the funds designated under paragraph 7#a7 for a fiscal year until the ,governor of the ,state notifies the ,secretary of the termination of the designation4 7#g7 ,unobligated funds after termination ,on the date of a termination under paragraph 7#f77;,b71 all remaining unobligated funds that were designated under paragraph 7#a7 for the fiscal year for which the designation is being terminated shall be made available to the ,state for the purposes described in subsection 7d77#a77;,b74 4 #aajje4 ,metropolitan transportation planning ,section #acd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by inserting resilient before surface transportation systems2 7#b7 in subsection 7c77#b71 by striking and bicycle transportation facilities and inserting 1 bicycle transportation facilities1 intermodal facilities that support intercity transportation1 including intercity buses and intercity bus facilities1 and commuter vanpool providers2 7#c7 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#b77;,b74 2 and 7,c7 in paragraph 7#e7 7as redesignated by subparagraph 7,a771 by striking paragraph 7#e7 and inserting paragraph 7#f72 7#d7 in subsection 7e77#d77;,b71 by striking subsection 7d77#e7 and inserting subsection 7d77#f72 7#e7 in subsection 7g77#c77;,a71 by inserting natural disaster risk reduction1 after environmental protection12 7#f7 in subsection 7h7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,g71 by striking and at the end2 7ii7 in subparagraph 7,h71 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#b77;,a71 by striking and in section #ecja7;c7 of title #di and inserting and the general purposes described in section #ecja of title #di2 7#g7 in subsection 7i7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77i71 by striking transit and inserting public transportation facilities1 intercity bus facilities2 7ii7 in subparagraph 7,g7-- 7,i7 by striking and provide and inserting 1 provide2 and 7,,ii7 by inserting 1 and reduce vulnerability due to natural disasters of the existing transportation infrastructure before the period at the end2 and 7iii7 in subparagraph 7,h71 by inserting 1 including consideration of the role that intercity buses may play in reducing congestion1 pollution1 and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems1 including systems that are privately owned and operated before the period at the end2 7,b7 in paragraph 7#f77;,a7-- 7i7 by inserting public ports1 before freight shippers12 and 7ii7 by inserting 7including intercity bus operators and commuter vanpool providers7 after private providers of transportation2 and 7,c7 in paragraph 7#h71 by striking 7#b77;,c7 each place it appears and inserting 7#b77;,e72 7#h7 in subsection 7j77#e77;,a71 by striking subsection 7k77#d7 and inserting subsection 7k77#c72 7#i7 in subsection 7k7-- 7,a7 by striking paragraph 7#c72 and 7,b7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively2 7#aj7 in subsection 7l7-- 7,a7 in paragraph 7#a71 by adding a period at the end2 and 7,b7 in paragraph 7#b77;,d71 by striking of less than #bjj1jjj and inserting with a population of #bjj1jjj or less2 7#aa7 by striking subsection 7n72 7#ab7 by redesignating subsections 7o7 through 7q7 as subsections 7n7 through 7p71 respectively2 7#ac7 in subsection 7o7 7as so redesignated71 by striking set aside under section #ajd7;f7 and inserting apportioned under paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b7 2 and 7#ad7 by adding at the end the following3 7q7 ,treatment of ,lake ,tahoe ,region 7#a7 ,definition of ,lake ,tahoe ,region ,in this subsection1 the term ,lake ,tahoe ,region has the meaning given the term region in subsection 7a7 of ,article ,,ii of the ,lake ,tahoe ,regional ,planning ,compact 7,public ,law #if-eea2 #id ,stat4 #cbcd74 7#b7 ,treatment ,for the purpose of this title1 the ,lake ,tahoe ,region shall be treated as-- 7,a7 a metropolitan planning organization2 7,b7 a transportation management area under subsection 7k72 and 7,c7 an urbanized area1 which is comprised of a population of #ade1jjj in the ,state of ,california and a population of #fe1jjj in the ,state of ,nevada4 7#c7 ,suballocated funding 7,a7 ,section #acc ,when determining the amount under subparagraph 7,a7 of section #acc7;d77#a7 that shall be obligated for a fiscal year in the ,states of ,california and ,nevada under clauses 7i71 7ii71 and 7iii7 of that subparagraph1 the ,secretary shall1 for each of those ,states-- 7i7 calculate the population under each of those clauses2 7ii7 decrease the amount under section #acc7;d77#a77;,a77iii7 by the population specified in paragraph 7#b7 of this subsection for the ,lake ,tahoe ,region in that ,state2 and 7iii7 increase the amount under section #acc7;d77#a77;,a77i7 by the population specified in paragraph 7#b7 of this subsection for the ,lake ,tahoe ,region in that ,state4 7,b7 ,section #bac ,when determining the amount under paragraph 7#a7 of section #bac7;c7 that shall be obligated for a fiscal year in the ,states of ,california and ,nevada under subparagraphs 7,a71 7,b71 and 7,c7 of that paragraph1 the ,secretary shall1 for each of those ,states-- 7i7 calculate the population under each of those subparagraphs2 7ii7 decrease the amount under section #bac7;c77#a77;,c7 by the population specified in paragraph 7#b7 of this subsection for the ,lake ,tahoe ,region in that ,state2 and 7iii7 increase the amount under section #bac7;c77#a77;,a7 by the population specified in paragraph 7#b7 of this subsection for the ,lake ,tahoe ,region in that ,state4 4 #aajjf4 ,statewide and nonmetropolitan transportation planning 7a7 ,in general ,section #ace of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by striking and bicycle transportation facilities and inserting 1 bicycle transportation facilities1 intermodal facilities that support intercity transportation1 including intercity buses and intercity bus facilities1 and commuter vanpool providers2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,g71 by striking and at the end2 7ii7 in subparagraph 7,h71 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#b77;,a71 by striking and in section #ecja7;c7 of title #di and inserting and the general purposes described in section #ecja of title #di2 7#c7 in subsection 7e77#a71 by striking subsection 7m7 and inserting subsection 7l72 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#b77;,b77i71 by striking subsection 7m7 and inserting subsection 7l72 7,b7 in paragraph 7#c77;,a7-- 7i7 in clause 7i71 by striking subsection 7m7 and inserting subsection 7l72 and 7ii7 in clause 7ii71 by inserting 7including intercity bus operators and commuter vanpool providers7 after private providers of transportation2 7,c7 in paragraph 7#g71 in the matter preceding subparagraph 7,a71 by striking should and inserting shall2 and 7,d7 in paragraph 7#h71 by inserting 1 including consideration of the role that intercity buses may play in reducing congestion1 pollution1 and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems1 including systems that are privately owned and operated before the period at the end2 7#e7 in subsection 7g7-- 7,a7 in paragraph 7#b77;,b77i71 by striking subsection 7m7 and inserting subsection 7l72 7,b7 in paragraph 7#c7-- 7i7 by inserting public ports1 before freight shippers2 and 7ii7 by inserting 7including intercity bus operators71 after private providers of transportation2 and 7,c7 in paragraph 7#f77;,a71 by striking subsection 7m7 and inserting subsection 7l72 7#f7 by striking subsection 7j72 and 7#g7 by redesignating subsections 7k7 through 7m7 as subsections 7j7 through 7l71 respectively4 7b7 ,conforming amendments ,section #acd7;b77#e7 of title #bc1 ,united ,states ,code1 is amended by striking section #ace7m7 and inserting section #ace7l74 #aajjg4 ,highway use tax evasion projects ,section #adc7;b7 of title #bc1 ,united ,states ,code1 is amended 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 shall deduct such sums as are necessary1 not to exceed #d1jjj1jjj for each fiscal year1 to carry out this section4 4 #aajjh4 ,bundling of bridge projects ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#b77;,a71 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 ,definition of eligible entity ,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 an eligible bridge project included in a bundle 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 2 and 7#d7 in subsection 7k77#b7 7as redesignated by paragraph 7#b771 by striking #ajd7;b77#c7 and inserting #ajd7;b77#b74 #aajji4 ,flexibility for certain rural road and bridge projects 7a7 ,authority ,with respect to rural road and rural bridge projects eligible for funding under title #bc1 ,united ,states ,code1 subject to the provisions of this section 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 ,types of projects ,a rural road or rural bridge project under this section shall-- 7#a7 be located in a county that1 based on the most recent decennial census-- 7,a7 has a population density of #hj or fewer persons per square mile of land area2 or 7,b7 is the county that has the lowest population density of all counties in the ,state2 7#b7 be located within the operational right-of-way 7as defined in section #acaf7;b7 of ,,map-#ba 7#bc ,u4,s4,c4 #aji note2 #abf ,stat4 #edi77 of an existing road or bridge2 and 7#c7 7,a7 receive less than #e1jjj1jjj of ,federal funds2 or 7,b7 have a total estimated cost of not more than #cj1jjj1jjj and ,federal funds comprising less than #ae percent of the total estimated project cost4 7c7 ,process ,to assist rural projects 7#a7 ,assistance with ,federal requirements 7,a7 ,in general ,for projects under this section1 the ,secretary shall seek to provide1 to the maximum extent practicable1 regulatory relief and flexibility consistent with this section4 7,b7 ,exceptions1 exemptions1 and additional flexibility ,exceptions1 exemptions1 and additional flexibility from regulatory requirements may be granted if1 in the opinion of the ,secretary-- 7i7 the project is not expected to have a significant adverse impact on the environment2 7ii7 the project is not expected to have an adverse impact on safety2 and 7iii7 the assistance would be in the public interest for #a or more reasons1 including-- 7,i7 reduced project costs2 7,,ii7 expedited construction1 particularly in an area where the construction season is relatively short and not granting the waiver or additional flexibility could delay the project to a later construction season2 or 7,,iii7 improved safety4 7#b7 ,maintaining protections ,nothing in this subsection-- 7,a7 waives the requirements of section #aac or #ach of title #bc1 ,united ,states ,code2 7,b7 supersedes1 amends1 or modifies-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other ,federal environmental law2 or 7ii7 any requirement of title #bc1 ,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 paragraph4 #aajaj4 ,construction of ferry boats and ferry terminal facilities 7a7 ,construction of ferry boats and ferry terminal facilities ,section #adg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking ,in general and inserting ,program2 7#b7 by striking subsections 7d7 through 7g7 and inserting the following3 7d7 ,formula ,of the amounts allocated under subsection 7c7-- 7#a7 #ce percent shall be allocated among eligible entities in the proportion that-- 7,a7 the number of ferry passengers1 including passengers in vehicles1 carried by each ferry system in the most recent calendar year for which data is available2 bears to 7,b7 the number of ferry passengers1 including passengers in vehicles1 carried by all ferry systems in the most recent calendar year for which data is available2 7#b7 #ce percent shall be allocated among eligible entities in the proportion that-- 7,a7 the number of vehicles carried by each ferry system in the most recent calendar year for which data is available2 bears to 7,b7 the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available2 and 7#c7 #cj percent shall be allocated among eligible entities in the proportion that-- 7,a7 the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available2 bears to 7,b7 the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available4 7e7 ,redistribution of unobligated amounts ,the ,secretary shall-- 7#a7 withdraw amounts allocated to an eligible entity under subsection 7c7 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 subsequent fiscal year1 redistribute the funds referred to in paragraph 7#a7 in accordance with the formula under subsection 7d7 among eligible entities for which no amounts were withdrawn under paragraph 7#a74 7f7 ,minimum amount ,notwithstanding subsection 7c71 a ,state with an eligible entity that meets the requirements of this section shall receive not less than #ajj1jjj under this section for a fiscal year4 7g7 ,implementation 7#a7 ,data collection 7,a7 ,national ferry database ,amounts made available for a fiscal year under this section shall be allocated using the most recent data available1 as collected and imputed in accordance with the national ferry database established under section #ahja7;e7 of ,,safetea-,,lu 7#bc ,u4,s4,c4 #abi note2 #aai ,stat4 #adef74 7,b7 ,eligibility for funding ,to be eligible to receive funds under subsection 7c71 data shall have been submitted in the most recent collection of data for the national ferry database under section #ahja7;e7 of ,,safetea-,,lu 7#bc ,u4,s4,c4 #abi note2 #aai ,stat4 #adef7 for at least #a ferry service within the ,state4 7#b7 ,adjustments ,on review of the data submitted under paragraph 7#a77;,b71 the ,secretary may make adjustments to the data as the ,secretary determines necessary to correct misreported or inconsistent data4 7h7 ,authorization of appropriations ,there is authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 to carry out this section #hj1jjj1jjj for each of fiscal years #bjaf through #bjba4 7i7 ,period of availability ,notwithstanding section #aah7;b71 funds made available to carry out this section shall remain available until expended4 7j7 ,applicability ,all provisions of this chapter that are applicable to the ,national ,highway ,system1 other than provisions relating to apportionment formula and ,federal share1 shall apply to funds made available to carry out this section1 except as determined by the ,secretary to be inconsistent with this section4 4 7b7 ,national ferry database ,section #ahja7;e77#d7 of ,,safetea-,,lu 7#bc ,u4,s4,c4 #abi note2 #aai ,stat4 #adef7 is amended by striking subparagraph 7,d7 and inserting the following3 7,d7 make available1 from the amounts made available for each fiscal year to carry out chapter #fc of title #di1 not more than #ejj1jjj to maintain the database4 4 7c7 ,conforming amendments ,section #abi7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 in the first sentence1 by inserting 1 or on a public transit ferry eligible under chapter #ec of title #di after ,interstate ,system2 7#b7 in paragraph 7#c7-- 7,a7 by striking 7#c7 ,such ferry and inserting 7#c77;,a7 ,the ferry2 and 7,b7 by adding at the end the following3 7,b7 ,any ,federal participation shall not involve the construction or purchase1 for private ownership1 of a ferry boat1 ferry terminal facility1 or other eligible project under this section4 2 7#c7 in paragraph 7#d71 by striking and repair1 and inserting repair12 and 7#d7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,the ferry service shall be maintained in accordance with section #aaf4 7#g7 7,a7 ,no ferry boat or ferry terminal with ,federal participation under this title may be sold1 leased1 or otherwise disposed of1 except in accordance with part #ah of title #di1 ,code of ,federal ,regulations 7as in effect on ,december #ah1 #bjad74 7,b7 ,the ,federal share of any proceeds from a disposition referred to in subparagraph 7,a7 shall be used for eligible purposes under this title4 4 #aajaa4 ,highway safety improvement program ,section #adh of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 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 ,an infrastructure safety project not described in clauses 7i7 through 7xxvii74 2 and 7,b7 by striking paragraph 7#aj7 and redesignating paragraphs 7#aa7 through 7#ac7 as paragraphs 7#aj7 through 7#ab71 respectively2 7#b7 in subsection 7c77#a77;,a71 by striking subsection 7a77#ab7 and inserting subsection 7a77#aa72 7#c7 in subsection 7d77#b77;,b77i71 by striking subsection 7a77#ab7 and inserting subsection 7a77#aa72 and 7#d7 in subsection 7g77#a7-- 7,a7 by striking increases and inserting does not decrease2 and 7,b7 by inserting and exceeds the national fatality rate on rural roads1 after available14 #aajab4 ,data collection on unpaved public roads ,section #adh of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,data collection on unpaved public roads 7#a7 ,in general ,a ,state may elect not to collect fundamental data elements for the model inventory of roadway elements on public roads that are gravel roads or otherwise unpaved if-- 7,a7 7i7 more than #de percent of the public roads in the ,state are gravel roads or otherwise unpaved2 and 7ii7 less than #aj percent of fatalities in the ,state occur on those unpaved public roads2 or 7,b7 7i7 more than #gj percent of the public roads in the ,state are gravel roads or otherwise unpaved2 and 7ii7 less than #be percent of fatalities in the ,state occur on those unpaved public roads4 7#b7 ,calculation ,the percentages described in paragraph 7#a7 shall be based on the average for the #e most recent years for which relevant data is available4 7#c7 ,use of funds ,if a ,state elects not to collect data on a road described in paragraph 7#a71 the ,state shall not use funds provided to carry out this section for a project on that road until the ,state completes a collection of the required model inventory of roadway elements for the road4 4 #aajac4 ,congestion mitigation and air quality improvement program ,section #adi of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a77i77,i71 by inserting in the designated nonattainment area after air quality standard2 7,b7 in paragraph 7#c71 by inserting or maintenance after likely to contribute to the attainment2 7,c7 in paragraph 7#d71 by striking attainment of and inserting attainment or maintenance of the area of2 and 7,d7 in paragraph 7#h77;,a77ii7-- 7i7 in the matter preceding subclause 7,i71 by inserting or port-related freight operations after construction projects2 and 7ii7 in subclause 7,,ii71 by inserting or chapter #ec of title #di after this title2 7#b7 in subsection 7c77#b71 by inserting 7giving priority to corridors designated under section #aea7 after at any location in the ,state2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by inserting would otherwise be eligible under subsection 7b7 if the project were carried out in a nonattainment or maintenance area or after may use for any project that2 and 7,,ii7 in clause 7i71 by striking 7excluding the amount of funds reserved under paragraph 7#a772 and 7ii7 in subparagraph 7,b77i71 by striking ,,map-#bat and inserting ,,map-#ba2 and 7,b7 in paragraph 7#c71 by inserting 1 in a manner consistent with the approach that was in effect on the day before the date of enactment of ,,map-#ba1 after the ,secretary shall modify2 7#d7 in subsection 7g7-- 7,a7 in paragraph 7#b77;,b71 by striking not later that and inserting not later than2 7,b7 in paragraph 7#c7-- 7i7 by striking ,states and metropolitan and inserting the following3 7,a7 ,in general ,states and metropolitan 2 7ii7 by striking are proven to reduce and inserting reduce directly emitted2 and 7iii7 by adding at the end the following3 7,b7 ,use of priority funding ,to the maximum extent practicable1 ,,pm#b4e priority funding shall be used on the most cost-effective projects and programs that are proven to reduce directly emitted fine particulate matter4 2 7#e7 in subsection 7k7-- 7,a7 in paragraph 7#a7-- 7i7 by striking that has a nonattainment or maintenance area and inserting that has #a or more nonattainment or maintenance areas2 7ii7 by striking a nonattainment or maintenance area that are and inserting the nonattainment or maintenance areas that are2 7iii7 by striking such area both places it appears and inserting such areas2 and 7iv7 by striking such fine particulate and inserting directly-emitted fine particulate2 7,b7 in paragraph 7#b71 by striking highway construction and inserting transportation construction2 and 7,c7 by adding at the end the following3 7#c7 ,pm#b4e nonattainment and maintenance in low population density ,states 7,a7 ,exception ,in any ,state with a population density of #hj or fewer persons per square mile of land area1 based on the most recent decennial census1 the requirements under subsection 7g77#c7 and paragraphs 7#a7 and 7#b7 of this subsection shall 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 7#d7 ,port-related equipment and vehicles ,to meet the requirements under paragraph 7#a71 a ,state or metropolitan planning organization may elect to obligate funds to the most cost-effective projects to reduce emissions from port-related landside nonroad or on-road equipment that is operated within the boundaries of a ,,pm#b4e nonattainment or maintenance area4 2 7#f7 in subsection 7l77#a77;,b71 by inserting air quality and traffic congestion before performance targets2 and 7#g7 in subsection 7m71 by striking section #ajd7;b77#b7 and inserting section #ajd7;b77#d74 #aajad4 ,transportation alternatives 7a7 ,in general ,section #bac of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,reservation of funds 7#a7 ,in general ,on ,october #a of each fiscal year1 the ,secretary shall set aside from the amount determined for a ,state under section #ajd7;c7 an amount determined for the ,state under paragraphs 7#b7 and 7#c74 7#b7 ,total amount ,the total amount set aside for the program under this section shall be #hej1jjj1jjj for each fiscal year4 7#c7 ,state share ,the ,secretary shall distribute among the ,states the total set-aside amount under paragraph 7#b7 so that each ,state receives an amount equal to the proportion that-- 7,a7 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-#ba 7,public ,law #aab-ada2 #abf ,stat4 #dje72 bears to 7,b7 the total amount of funds apportioned to all ,states for that fiscal year for the transportation enhancements program for fiscal year #bjji4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,of the funds and all that follows through shall be obligated under this section in subparagraph 7,a7 and inserting ,funds reserved in a ,state under this section shall be obligated2 7ii7 by striking subparagraph 7,b72 7iii7 by redesignating clauses 7i7 through 7iii7 as subparagraphs 7,a7 through 7,c71 respectively2 7iv7 in subparagraph 7,b7 7as so redesignated71 by striking greater than #e1jjj and inserting of #e1jjj or more2 and 7v7 in subparagraph 7,c7 7as so redesignated71 by striking 2 and and inserting a period2 7,b7 in paragraph 7#b71 by striking paragraph 7#a77;,a77i7 and inserting paragraph 7#a77;,a72 7,c7 in paragraph 7#c77;,a7-- 7i7 by striking ,except as provided in paragraph 7#a77;,b71 the and inserting ,the2 and 7ii7 by striking paragraph 7#a77;,a77i7 both places it appears and inserting paragraph 7#a77;,a72 7,d7 in paragraph 7#d77;,b7-- 7i7 in clause 7vi71 by striking and at the end2 7ii7 by redesignating clause 7vii7 as clause 7viii72 and 7iii7 by inserting after clause 7vi7 the following3 7vii7 a nonprofit entity responsible for the administration of local transportation safety programs2 and 2 and 7,e7 in paragraph 7#e7-- 7i7 by striking ,for funds reserved and inserting the following3 7,a7 ,in general ,for funds reserved 2 7ii7 by striking paragraph 7#a77;,a77i7 and inserting paragraph 7#a77;,a72 and 7iii7 by adding at the end the following3 7,b7 ,no restriction on suballocation ,nothing in this section prevents a metropolitan planning organization from further suballocating funds within the boundaries of the metropolitan planning area if a competitive process is implemented for the award of the suballocated funds4 2 and 7#c7 by adding at the end the following3 7h7 ,annual reports 7#a7 ,in general ,each ,state or metropolitan planning organization responsible for carrying out the requirements of this section shall submit to the ,secretary an annual report that describes-- 7,a7 the number of project applications received for each fiscal year1 including-- 7i7 the aggregate cost of the projects for which applications are received2 and 7ii7 the types of project to be carried out 7as described in subsection 7b771 expressed as percentages of the total apportionment of the ,state under subsection 7a72 and 7,b7 the number of projects selected for funding for each fiscal year1 including the aggregate cost and location of projects selected4 7#b7 ,public availability ,the ,secretary shall make available to the public1 in a user-friendly format on the website of the ,department1 a copy of each annual report submitted under paragraph 7#a74 7i7 ,expediting infrastructure projects 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall develop regulations or guidance relating to the implementation of this section that encourages the use of the programmatic approaches to environmental reviews1 expedited procurement techniques1 and other best practices to facilitate productive and timely expenditure for projects that are small1 low-impact1 and constructed within an existing built environment4 7#b7 ,state processes ,the ,secretary shall work with ,state departments of transportation to ensure that any regulation or guidance developed under paragraph 7#a7 is consistently implemented by ,states and the ,federal ,highway ,administration to avoid unnecessary delays in implementing projects and to ensure the effective use of ,federal dollars4 4 7b7 ,conforming amendment ,section #abf7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking set-asides4-- and all that follows through ,funds that in paragraph 7#a7 and inserting set-asides4--,funds that2 7#b7 by striking sections #ajd7;d7 and #acc7;d7 and inserting sections #ajd7;d71 #acc7;d71 and #bac7;c72 and 7#c7 by striking paragraph 7#b74 #aajae4 ,consolidation of programs ,section #aeai7;a7 of ,,map-#ba 7,public ,law #aab-ada2 #abf ,stat4 #egd7 is amended in the matter preceding paragraph 7#a7 by striking fiscal years #bjac and #bjad and inserting fiscal years #bjac through #bjba4 #aajaf4 ,state flexibility for ,national ,highway ,system modifications 7a7 ,national ,highway ,system flexibility ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall issue guidance relating to working with ,state departments of transportation that request assistance from the division offices of the ,federal ,highway ,administration-- 7#a7 to review roads classified as principal arterials in the ,state that were added to the ,national ,highway ,system as of ,october #a1 #bjab1 so as to comply with section #ajc of title #bc1 ,united ,states ,code2 and 7#b7 to identify any necessary functional classification changes to rural and urban principal arterials4 7b7 ,administrative actions ,the ,secretary shall direct the division offices of the ,federal ,highway ,administration to work with the applicable ,state department of transportation that requests assistance under this section-- 7#a7 to assist in the review of roads in accordance with guidance issued under subsection 7a72 7#b7 to expeditiously review and facilitate requests from ,states to reclassify roads classified as principal arterials2 and 7#c7 in the case of a ,state that requests the withdrawal of reclassified roads from the ,national ,highway ,system under section #ajc7;b77#c7 of title #bc1 ,united ,states ,code1 to carry out that withdrawal if the inclusion of the reclassified road in the ,national ,highway ,system is not consistent with the needs and priorities of the community or region in which the reclassified road is located4 7c7 ,national ,highway ,system modification regulations ,the ,secretary shall-- 7#a7 review the ,national ,highway ,system modification process described in appendix ,d of part #dgj of title #bc1 ,code of ,federal ,regulations 7or successor regulations72 and 7#b7 take any action necessary to ensure that a ,state may submit to the ,secretary a request to modify the ,national ,highway ,system by withdrawing a road from the ,national ,highway ,system4 7d7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes a description of-- 7#a7 each request for reclassification of ,national ,highway ,system roads2 7#b7 the status of each request2 and 7#c7 if applicable1 the justification for the denial by the ,secretary of a request4 7e7 ,modifications to the ,national ,highway ,system ,section #ajc7;b77#c77;,a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding clause 7i7-- 7,a7 by striking 1 including any modification consisting of a connector to a major intermodal terminal12 and 7,b7 by inserting 1 including any modification consisting of a connector to a major intermodal terminal or the withdrawal of a road from that system1 after the ,national ,highway ,system2 and 7#b7 in clause 7ii7-- 7,a7 by striking 7ii7 enhances and inserting 7ii77,i7 enhances2 7,b7 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7,,ii7 in the case of the withdrawal of a road1 is reasonable and appropriate4 4 #aajag4 ,toll roads1 bridges1 tunnels1 and ferries ,section #abi7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b7-- 7i7 by striking 7other than a highway on the ,interstate ,system72 and 7ii7 by inserting non-,,hov after toll-free each place it appears2 7,b7 by striking subparagraph 7,c72 and 7,c7 by redesignating subparagraphs 7,d7 through 7,i7 as subparagraphs 7,c7 through 7,h71 respectively2 7#b7 by striking paragraph 7#d7 and paragraph 7#f72 7#c7 by redesignating paragraphs 7#e71 7#g71 7#h71 7#i71 and 7#aj7 as paragraphs 7#d71 7#e71 7#f71 7#g71 and 7#i71 respectively2 7#d7 in paragraph 7#d77;,b7 7as so redesignated71 by striking the ,federal-aid system and inserting ,federal-aid highways2 and 7#e7 by inserting after paragraph 7#g7 7as so redesignated7 the following3 7#h7 ,equal access for motorcoaches ,a private motorcoach that serves the public shall be provided access to a toll facility under the same rates1 terms1 and conditions as public transportation buses in the ,state4 4 #aajah4 ,,hov facilities ,section #aff of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,high occupancy toll vehicles 7,a7 ,in general ,the ,state agency may allow vehicles not otherwise exempt under this subsection to use the ,,hov facility if the operators of the vehicles pay a toll charged by the agency for use of the facility and the agency-- 7i7 establishes a program that addresses how motorists can enroll and participate in the toll program2 7ii7 in the case of a high occupancy vehicle facility that affects a metropolitan area1 submits to the ,secretary a written statement that the metropolitan planning organization designated under section #acd for the area has been consulted concerning the placement and amount of tolls on the converted facility2 7iii7 develops1 manages1 and maintains a system that will automatically collect the toll2 and 7iv7 establishes policies and procedures-- 7,i7 to manage the demand to use the facility by varying the toll amount that is charged2 7,,ii7 to enforce violations of the use of the facility2 and 7,,iii7 to ensure that private motorcoaches that serve the public are provided access to the facility under the same rates1 terms1 and conditions1 as public transportation buses in the ,state4 7,b7 ,exemption from tolls ,in levying a toll on a facility under subparagraph 7,a71 a ,state agency may-- 7i7 designate classes of vehicles that are exempt from the toll2 and 7ii7 charge different toll rates for different classes of vehicles4 2 7,b7 in paragraph 7#e71 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,inherently low emission vehicle ,if a ,state agency establishes procedures for enforcing the restrictions on the use of a ,,hov facility by vehicles described in clauses 7i7 and 7ii71 the ,state agency may allow the use of the ,,hov facility by-- 7i7 alternative fuel vehicles2 and 7ii7 any motor vehicle described in section #cj;,d7d77#a7 of the ,internal ,revenue ,code of #aihf4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,tolls and inserting ,notwithstanding section #cja1 tolls2 and 7ii7 by striking notwithstanding section #cja and1 except as provided in paragraphs 7#b7 and 7#c72 7,b7 by striking paragraph 7#b72 and 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b72 7#c7 in subsection 7d77#a71 by striking subparagraphs 7,d7 and 7,e7 and inserting the following3 7,d7 ,maintenance of operating performance 7i7 ,submission of plan ,not later than #ahj days after the date on which a facility is degraded under paragraph 7#b71 the ,state agency with jurisdiction over the facility shall submit to the ,secretary for approval a plan that details the actions the ,state agency will take to bring the facility into compliance with the minimum average operating speed performance standard through changes to operation of the facility1 including-- 7,i7 increasing the occupancy requirement for ,,hov lanes2 7,,ii7 varying the toll charged to vehicles allowed under subsection 7b7 to reduce demand2 7,,iii7 discontinuing allowing non-,,hov vehicles to use ,,hov lanes under subsection 7b72 or 7,,iv7 increasing the available capacity of the ,,hov facility4 7ii7 ,notice of approval or disapproval ,not later than #fj days after the date of receipt of a plan under clause 7i71 the ,secretary shall provide to the ,state agency a written notice indicating whether the ,secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will bring the ,,hov facility into compliance4 7iii7 ,biannual progress updates ,until the date on which the ,secretary determines that the ,state agency has brought the ,,hov facility into compliance with this subsection1 the ,state agency shall submit biannual updates that describe-- 7,i7 the actions taken to bring the ,,hov facility into compliance2 and 7,,ii7 the progress made by those actions4 7,e7 ,compliance ,the ,secretary shall subject the ,state to appropriate program sanctions under section #a4cf of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 until the performance is no longer degraded1 if-- 7i7 the ,state agency fails to submit an approved action plan under subparagraph 7,d7 to bring a degraded facility into compliance2 or 7ii7 after the ,state submits and the ,secretary approves an action plan under subparagraph 7,d71 the ,secretary determines that1 on a date that is not earlier than #a year after the approval of the action plan1 the ,state agency is not making significant progress toward bringing the ,,hov facility into compliance with the minimum average operating speed performance standard4 2 and 7#d7 in subsection 7f77#a71 in the matter preceding subparagraph 7,a71 by inserting solely before operating4 #aajai4 ,interstate system reconstruction and rehabilitation pilot program ,section #abaf7;b7 of the ,transportation ,equity ,act for the #bast ,century 7,public ,law #aje-agh2 #aab ,stat4 #bab7 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking the age1 condition1 and intensity of use of the facility and inserting an analysis demonstrating that the facility has a significant age1 condition1 or intensity of use to require expedited reconstruction or rehabilitation2 7,b7 in subparagraph 7,d77iii71 by inserting 1 and that demonstrates the capability of that agency to perform or oversee the building1 operation1 and maintenance of a toll expressway system meeting criteria for the ,interstate ,system before the semicolon at the end2 and 7,c7 by adding at the end the following3 7,e7 ,an analysis showing how the ,state plan for implementing tolls on the facility takes into account the interests and use of local1 regional1 and interstate travelers4 7,f7 ,an explanation of how the ,state will collect tolls using electronic toll collection1 including at highway speeds1 if practicable4 7,g7 ,a plan describing the proposed location for the collection of tolls on the facility1 including any locations in proximity to a ,state border4 7,h7 ,approved documentation that the project-- 7i7 has received a categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 complies with the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq474 2 7#b7 by striking paragraphs 7#d7 and 7#f72 7#c7 by redesignating paragraph 7#e7 as paragraph 7#d72 7#d7 in paragraph 7#d77;as so redesignated7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking ,before the ,secretary may permit and inserting ,as a condition of permitting2 7,b7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking for-- and inserting for permissible uses described in section #abi7;a77#c7 of title #bc1 ,united ,states ,code2 and2 and 7ii7 by striking clauses 7i7 through 7iii72 7#e7 by inserting after paragraph 7#d7 7as so redesignated7 the following3 7#e7 ,application processing procedure 7,a7 ,in general ,not later than #fj days after receipt of an application under this subsection1 the ,secretary shall provide to the applicant a written notice informing the applicant whether-- 7i7 the application is complete and meets all requirements under this subsection2 or 7ii7 additional information or materials are needed-- 7,i7 to complete the application2 or 7,,ii7 to meet the eligibility requirements under paragraph 7#c74 7,b7 ,additional information or materials 7i7 ,in general ,not later than #fj days after receipt of an application1 the ,secretary shall-- 7,i7 identify any additional information or materials that are needed under subparagraph 7,a77ii72 and 7,,ii7 provide to the applicant written notice specifying the details of the additional required information or materials4 7ii7 ,amended application ,not later than #fj days after receipt of the additional information under clause 7i71 the ,secretary shall determine if the amended application is complete and meets all requirements under this subsection4 7,c7 ,technical assistance ,on the request of a ,state1 the ,secretary shall provide technical assistance to facilitate the development of a complete application under this paragraph that is likely to satisfy the eligibility criteria under paragraph 7#c74 7,d7 ,approval of application ,on written notice by the ,secretary that the application is complete and meets all requirements of this subsection1 the project is considered approved and shall be permitted to participate in the program under this subsection4 7,e7 ,limitation on approved application 7i7 ,in general ,for an application received under this subsection on or after the date of enactment of the ,,drive ,act for the reconstruction or rehabilitation of a facility1 a ,state shall-- 7,i7 not later than #a year after the date on which the application is approved1 issue a solicitation for a contract to provide for the reconstruction or rehabilitation of the facility2 and 7,,ii7 not later than #b years after the date on which the application is approved1 execute a contract for the reconstruction or rehabilitation of the facility4 7ii7 ,prior applications ,for an application that received a conditional provisional approval under this subsection before the date of enactment of the ,,drive ,act1 for the reconstruction or rehabilitation of a facility1 a ,state shall-- 7,i7 not later than #a year after the date of enactment of the ,,drive ,act1 issue a solicitation for a contract to provide for the reconstruction or rehabilitation of the facility2 and 7,,ii7 not later than #b years after the date of enactment of the ,,drive ,act1 execute a contract for the reconstruction or rehabilitation of the facility4 7iii7 ,cancellation or extension ,if an applicable deadline under clause 7i7 or 7ii7 is not met1 the ,secretary shall-- 7,i7 cancel the application approval2 or 7,,ii7 grant an extension of not more than #a year for the applicable deadline1 on the condition that-- 7aa7 there has been demonstrable progress toward meeting the applicable requirements2 and 7bb7 the requirements are likely to be met within #a year4 7#f7 ,limitation on the use of national highway performance program funds ,during the term of the pilot program1 funds apportioned for the national highway performance program under section #ajd7;b77#a7 of title #bc1 ,united ,states ,code1 may not be used for a facility for which tolls are being collected under the pilot program unless the funds are used for a maintenance purpose1 as defined in section #aja7;a7 of title #bc1 ,united ,states ,code4 2 7#f7 by redesignating paragraphs 7#g7 and 7#h7 as paragraphs 7#h7 and 7#i71 respectively2 7#g7 by inserting after paragraph 7#f7 the following3 7#g7 ,withdrawal ,a ,state may elect to withdraw participation of the ,state in the pilot program at any time4 2 and 7#h7 in paragraph 7#h7 7as redesignated by paragraph 7#f771 by inserting after the date of enactment of the ,,drive ,act after #aj years4 #aajbj4 ,emergency relief for federally owned roads 7a7 ,eligibility ,section #abe7;d77#c7 of title #bc1 ,united ,states ,code1 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 projects eligible for assistance under this section located on tribal transportation facilities1 ,federal lands transportation facilities1 or other federally owned roads that are open to public travel 7as defined in subsection 7e77#a774 4 7b7 ,definition ,section #abe7;e7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,definitions ,in this subsection3 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 #aajba4 ,bridges requiring closure or load restrictions ,section #add7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#h71 respectively2 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,bridges requiring closure or load restrictions 7,a7 ,bridges owned by ,federal agencies or tribal governments ,if a ,federal agency or tribal government fails to ensure that any highway bridge that is open to public travel and located in the jurisdiction of the ,federal agency or tribal government is properly closed or restricted to loads that the bridge can carry safely1 the ,secretary-- 7i7 shall1 on learning of the need to close or restrict loads on the bridge1 require the ,federal agency or tribal government to take action necessary-- 7,i7 to close the bridge within #dh hours2 or 7,,ii7 within #cj days1 to restrict public travel on the bridge to loads that the bridge can carry safely2 and 7ii7 may1 if the ,federal agency or tribal government fails to take action required under clause 7i71 withhold all funding authorized under this title for the ,federal agency or tribal government4 4 7,b7 ,other bridges ,if a ,state fails to ensure that any highway bridge1 other than a bridge described in subparagraph 7,a71 that is open to public travel and is located within the boundaries of the ,state is properly closed or restricted to loads the bridge can carry safely1 the ,secretary-- 7i7 shall1 on learning of the need to close or restrict loads on the bridge1 require the ,state to take action necessary-- 7,i7 to close the bridge within #dh hours2 or 7,,ii7 within #cj days1 to restrict public travel on the bridge to loads that the bridge can carry safely2 and 7ii7 may1 if the ,state fails to take action required under clause 7i71 withhold approval for ,federal-aid projects in that ,state4 2 and 7#c7 in paragraph 7#h7 7as redesignated by paragraph 7#a771 by striking 7#f7 and inserting 7#g74 #aajbb4 ,national electric vehicle charging 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 charging and natural gas fueling corridors 7a7 ,in general ,not later than #a year after the date of enactment of the ,,drive ,act1 the ,secretary shall designate national electric vehicle charging and natural gas fueling corridors that identify the near- and long-term need for1 and location of1 electric vehicle charging infrastructure and natural gas fueling infrastructure at strategic locations along major national highways to improve the mobility of passenger and commercial vehicles that employ electric 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 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 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 electric 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 and 7,g7 highway rest stop vendors2 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 and natural gas fueling infrastructure and standardization needs for electricity 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 and natural gas fueling infrastructure in those corridors by the end of fiscal year #bjba4 4 7b7 ,conforming amendment ,the analysis of chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #aea and inserting the following3 #aea4 ,national ,electric ,vehicle ,charging and ,natural ,gas ,fueling ,corridors4 4 #aajbc4 ,asset management 7a7 ,section #aai of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7f77#b7-- 7,a7 in subparagraph 7,a71 by striking structurally deficient and inserting being in poor condition2 and 7,b7 in subparagraph 7,b71 by striking structurally deficient and inserting being in poor condition2 and 7#b7 by adding at the end the following3 7h7 ,critical infrastructure 7#a7 ,definition of critical infrastructure ,in this subsection1 the term critical infrastructure means those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security1 national or regional energy security1 national or regional public health or safety1 or any combination of those matters4 7#b7 ,designation ,the asset management plan of a ,state developed pursuant to subsection 7e7 may include a designation of a critical infrastructure network of facilities from among those facilities in the ,state that are eligible under subsection 7c74 7#c7 ,risk reduction ,a ,state may use funds apportioned under this section for projects intended to reduce the risk of failure of facilities designated as being on the critical infrastructure network of the ,state4 4 7b7 ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,b71 by striking deficient 2 and 7#b7 in subsection 7b77#e71 by striking each structurally deficient bridge and inserting each bridge in poor condition4 7c7 ,section #bjb7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking deficient2 7#b7 in paragraph 7#b77;,b71 by striking deficient2 and 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking the semicolon at the end and inserting 2 and2 7,b7 in subparagraph 7,b71 by striking 2 and at the end and inserting a period2 and 7,c7 by striking subparagraph 7,c74 #aajbd4 ,tribal transportation program amendment ,section #bjb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#f71 by striking #f percent and inserting #e percent2 and 7#b7 in subsection 7d77#b71 in the matter preceding subparagraph 7,a7 by striking #b percent and inserting #c percent4 #aajbe4 ,nationally significant ,federal lands and ,tribal projects program 7a7 ,purpose ,the ,secretary shall establish a nationally significant ,federal lands and tribal projects program 7referred to in this section as the program7 to provide funding to construct1 reconstruct1 or rehabilitate nationally significant ,federal lands and tribal transportation projects4 7b7 ,eligible applicants 7#a7 ,in general ,except as provided in paragraph 7#b71 entities eligible to receive funds under sections #bja1 #bjb1 #bjc1 and #bjd of title #bc1 ,united ,states ,code1 may apply for funding under the program4 7#b7 ,special rule ,a ,state1 county1 or unit of local government may only apply for funding under the program if sponsored by an eligible ,federal land management agency or ,indian tribe4 7c7 ,eligible projects ,an eligible project under the program shall be a single continuous project-- 7#a7 on a ,federal lands transportation facility1 a ,federal lands access transportation facility1 or a ,tribal transportation facility 7as those terms are defined in section #aja of title #bc1 ,united ,states ,code71 except that such facility is not required to be included on an inventory described in sections #bjb or #bjc of title #bc1 ,united ,states ,code2 7#b7 for which completion of activities required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 has been demonstrated through-- 7,a7 a record of decision with respect to the project2 7,b7 a finding that the project has no significant impact2 or 7,c7 a determination that the project is categorically excluded2 and 7#c7 having an estimated cost1 based on the results of preliminary engineering1 equal to or exceeding #be1jjj1jjjj1 with priority consideration given to projects with an estimated cost equal to or exceeding #ej1jjj1jjj4 7d7 ,eligible activities 7#a7 ,in general ,subject to paragraph 7#b71 an eligible applicant receiving funds under the program may only use the funds for construction1 reconstruction1 and rehabilitation activities4 7#b7 ,ineligible activities ,an eligible applicant may not use funds received under the program for activities relating to project design4 7e7 ,applications ,eligible applicants shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may require4 7f7 ,selection criteria ,in selecting a project to receive funds under the program1 the ,secretary shall consider the extent to which the project-- 7#a7 furthers the goals of the ,department1 including state of good repair1 environmental sustainability1 economic competitiveness1 quality of life1 and safety2 7#b7 improves the condition of critical multimodal transportation facilities2 7#c7 needs construction1 reconstruction1 or rehabilitation2 7#d7 is included in or eligible for inclusion in the ,national ,register of ,historic ,places2 7#e7 enhances environmental ecosystems2 7#f7 uses new technologies and innovations that enhance the efficiency of the project2 7#g7 is supported by funds1 other than the funds received under the program1 to construct1 maintain1 and operate the facility2 7#h7 spans #b or more ,states2 and 7#i7 serves land owned by multiple ,federal agencies or ,indian tribes4 7g7 ,federal share ,the ,federal share of the cost of a project shall be #ie percent4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aej1jjj1jjj for each of fiscal years #bjaf through #bjba1 to remain available for a period of #c fiscal years following the fiscal year for which the amounts were appropriated4 #aajbf4 ,federal lands programmatic activities ,section #bja7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f77;,a7-- 7,a7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively2 7,b7 in the matter preceding subclause 7,i7 7as so redesignated71 by striking ,the ,secretaries and inserting the following3 7i7 ,in general ,the ,secretaries 2 7,c7 by inserting a period after tribal transportation program2 and 7,d7 by striking in accordance with and all that follows through including-- and inserting the following3 7ii7 ,requirement ,data collected to implement the tribal transportation program shall be in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq474 7iii7 ,inclusions ,data collected under this paragraph includes-- 2 and 7#b7 by striking paragraph 7#g7 and inserting the following-- 7#g7 ,cooperative research and technology deployment ,the ,secretary may conduct cooperative research and technology deployment in coordination with ,federal land management agencies1 as determined appropriate by the ,secretary4 7#h7 ,funding 7,a7 ,in general ,to carry out the activities described in this subsection for ,federal lands transportation facilities1 ,federal lands access transportation facilities1 and other federally owned roads open to public travel 7as that term is defined in section #abe7;e771 the ,secretary shall combine and use not greater than #e percent for each fiscal year of the funds authorized for programs under sections #bjc and #bjd4 7,b7 ,other activities ,in addition to the activities described in subparagraph 7,a71 funds described under that subparagraph may be used for-- 7i7 bridge inspections on any federally owned bridge even if that bridge is not included on the inventory described under section #bjc2 and 7ii7 transportation planning activities carried out by ,federal land management agencies eligible for funding under this chapter4 4 #aajbg4 ,federal lands transportation program ,section #bjc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,b71 by striking operation and inserting capital1 operations12 and 7,b7 in subparagraph 7,d71 by striking subparagraph 7,a77iv7 and inserting subparagraph 7,a77iv77,i72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,b7-- 7i7 in clause 7iv71 by striking and at the end2 7ii7 in clause 7v71 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;,b71 in the matter preceding clause 7i71 by inserting performance management1 including after support2 and 7#c7 in subsection 7c77#b77;,b71 by adding at the end the following3 7vi7 ,the ,bureau of ,reclamation4 4 #aajbh4 ,innovative project delivery ,section #abj7;c77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a77ii7-- 7,a7 by inserting engineering or design approaches1 after technologies12 and 7,b7 by striking or contracting and inserting or contracting or project delivery2 and 7#b7 in subparagraph 7,b77iii71 by inserting and alternative bidding before the semicolon at the end4 #aajbi4 ,obligation and release of funds ,section #aah7;c77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking ,any funds and inserting the following3 7,a7 ,in general ,any funds 2 7#b7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting appropriately2 and 7#c7 by adding at the end the following3 7,b7 ,same class of funds no longer authorized ,if the same class of funds described in subparagraph 7,a77i7 is no longer authorized in the most recent authorizing law1 the funds may be credited to a similar class of funds1 as determined by the ,secretary4 4 ,b ,acceleration of project delivery #aaaja4 ,categorical exclusion for projects of limited ,federal assistance ,section #acag of ,,map-#ba 7#bc ,u4,s4,c4 #aji note2 ,public ,law #aab-ada7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,not later than and inserting the following3 7a7 ,in general ,not later than 2 and 7#b7 by adding at the end the following3 7b7 ,inflationary adjustment ,the dollar amounts described in subsection 7a7 shall be adjusted for inflation-- 7#a7 effective ,october #a1 #bjae1 to reflect changes since ,july #a1 #bjab1 in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor2 and 7#b7 effective ,october #a1 #bjaf1 and each succeeding ,october #a1 to reflect changes for the preceding #ab-month period in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor4 4 #aaajb4 ,programmatic agreement template 7a7 ,in general ,section #acah of ,,map-#ba 7#bc ,u4,s4,c4 #aji note2 ,public ,law #aab-ada7 is amended by adding at the end the following3 7e7 ,programmatic agreement template 7#a7 ,in general ,the ,secretary shall develop a template programmatic agreement described in subsection 7d7 that provides for efficient and adequate procedures for evaluating ,federal actions described in section #gga4aag7;c7 of title #bc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection74 7#b7 ,use of template ,the ,secretary-- 7,a7 on receipt of a request from a ,state1 shall use the template programmatic agreement developed under paragraph 7#a7 in carrying out this section2 and 7,b7 on consent of the applicable ,state1 may modify the template as necessary to address the unique needs and characteristics of the ,state4 7#c7 ,outcome measurements ,the ,secretary shall establish a method to verify that actions described in section #gga4aag7;c7 of title #bc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection71 are evaluated and documented in a consistent manner by the ,state that uses the template programmatic agreement under this subsection4 4 7b7 ,categorical exclusion determinations ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall revise section #gga4aag7;g7 of title #bc1 ,code of ,federal ,regulations1 to allow a programmatic agreement under this section to include responsibility for making categorical exclusion determinations-- 7#a7 for actions described in subsections 7c7 and 7d7 of section #gga4aag of title #bc1 ,code of ,federal ,regulations2 and 7#b7 that meet the criteria for a categorical exclusion under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 and are identified in the programmatic agreement4 #aaajc4 ,agency coordination 7a7 ,roles and responsibility of lead agency ,section #aci7;c77#f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 to consider and respond to comments received from participating agencies on matters within the special expertise or jurisdiction of the participating agencies4 4 7b7 ,participating agency responsibilities ,section #aci7;d7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#h7 ,participating agency responsibilities ,an agency participating in the collaborative environmental review process under this section shall-- 7,a7 provide comments1 responses1 studies1 or methodologies on those areas within the special expertise or jurisdiction of the ,federal participating or cooperating agency2 and 7,b7 use the process to address any environmental issues of concern to the participating or cooperating agency4 4 #aaajd4 ,initiation of environmental review process ,section #aci of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking paragraph 7#f7 and inserting the following3 7#f7 ,project 7,a7 ,in general ,the term project means any highway project1 public transportation capital project1 or multimodal project that1 if implemented as proposed by the project sponsor1 would require approval by any operating administration or secretarial office within the ,department4 7,b7 ,considerations ,for purposes of this paragraph1 the ,secretary shall take into account1 if known1 any sources of ,federal funding or financing identified by the project sponsor1 including discretionary grant1 loan1 and loan guarantee programs administered by the ,department4 2 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by inserting 7including any additional information that the project sponsor considers to be important to initiate the process for the proposed project7 after location of the proposed project2 and 7,b7 by adding at the end the following3 7#c7 ,review of application ,not later than #de days after the date on which an application is received by the ,secretary under this subsection1 the ,secretary shall provide to the project sponsor a written response that1 as applicable-- 7,a7 describes the determination of the ,secretary-- 7i7 to initiate the environmental review process1 including a timeline and an expected date for the publication in the ,federal ,register of the relevant notice of intent2 or 7ii7 to decline the application1 including an explanation of the reasons for that decision2 or 7,b7 requests additional information1 and provides to the project sponsor an accounting1 regarding what is necessary to initiate the environmental review process4 7#d7 ,request to designate a lead agency 7,a7 ,in general ,any project sponsor may submit a request to the ,secretary to designate a specific operating administration or secretarial office within the ,department of ,transportation to serve as the ,federal lead agency for a project4 7,b7 ,proposed schedule ,a request under subparagraph 7,a7 may include a proposed schedule for completing the environmental review process4 7,c7 ,secretarial action 7i7 ,in general ,if a request under subparagraph 7,a7 is received1 the ,secretary shall respond to the request not later than #de days after the date of receipt4 7ii7 ,requirements ,the response shall-- 7,i7 approve the request2 7,,ii7 deny the request1 with an explanation of the reasons2 or 7,,iii7 require the submission of additional information4 7iii7 ,additional information ,if additional information is submitted in accordance with clause 7ii77,,iii71 the ,secretary shall respond to that submission not later than #de days after the date of receipt4 2 and 7#c7 in subsection 7f77#d71 by adding at the end the following3 7,e7 ,reduction of duplication 7i7 ,in general ,in carrying out this paragraph1 the lead agency shall reduce duplication1 to the maximum extent practicable1 between-- 7,i7 the evaluation of alternatives under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,,ii7 the evaluation of alternatives in the metropolitan transportation planning process under section #acd of title #bc1 ,united ,states ,code1 or an environmental review process carried out under ,state law 7referred to in this subparagraph as a ,state environmental review process74 7ii7 ,consideration of alternatives ,the lead agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if1 as determined by the lead agency-- 7,i7 the alternative was considered in a metropolitan planning process or a ,state environmental review process by a metropolitan planning organization or a ,state or local transportation agency1 as applicable2 7,,ii7 the lead agency provided guidance to the metropolitan planning organization or ,state or local transportation agency1 as applicable1 regarding analysis of alternatives in the metropolitan planning process or ,state environmental review process1 including guidance on the requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any other requirements of ,federal law necessary for approval of the project2 7,,iii7 the applicable metropolitan planning process or ,state environmental review process included an opportunity for public review and comment2 7,,iv7 the applicable metropolitan planning organization or ,state or local transportation agency rejected the alternative after considering public comments2 7,v7 the ,federal lead agency independently reviewed the alternative evaluation approved by the applicable metropolitan planning organization or ,state or local transportation agency2 and 7,,vi7 the ,federal lead agency has determined-- 7aa7 in consultation with ,federal participating or cooperating agencies1 that the alternative to be eliminated from consideration is not necessary for compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7bb7 with the concurrence of ,federal agencies with jurisdiction over a permit or approval required for a project1 that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other ,federal law4 4 #aaaje4 ,improving collaboration for accelerated decision making 7a7 ,coordination and scheduling ,section #aci7;g77#a77;,b77i7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the lead agency and inserting ,for a project requiring an environmental impact statement or environmental assessment1 the lead agency2 and 7#b7 by striking may and inserting shall4 7b7 ,issue identification and resolution ,section #aci7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d77;,c71 by striking paragraph 7#e7 and and inserting paragraph 7#e72 7#b7 in paragraph 7#e77;,a77ii77,i71 by inserting 1 including modifications to the project schedule after review process2 and 7#c7 in paragraph 7#f77;,b71 by striking clause 7ii7 and inserting the following3 7ii7 ,description of date ,the date referred to in clause 7i7 is #a of the following3 7,i7 ,the date that is #cj days after the date for rendering a decision as described in the project schedule established pursuant to subsection 7g77#a77;,b74 7,,ii7 ,if no schedule exists1 the later of-- 7aa7 the date that is #ahj days after the date on which an application for the permit1 license or approval is complete2 or 7bb7 the date that is #ahj days after the date on which the ,federal lead agency issues a decision on the project under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,,iii7 ,a modified date consistent with subsection 7g77#a77;,d74 4 #aaajf4 ,accelerated decisionmaking in environmental reviews 7a7 ,in general ,section #aci of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7n7 ,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 regarding 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 shall-- 7,a7 cite the sources1 authorities1 or reasons that support the position of the lead agency2 and 7,b7 if appropriate1 indicate the circumstances that would trigger agency reappraisal or further response4 7#b7 ,incorporation ,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 are significant new circumstances or information that-- 7i7 are relevant to environmental concerns2 and 7ii7 bear on the proposed action or the impacts of the proposed action4 4 7b7 ,repeal ,section #acai of ,,map-#ba 7#db ,u4,s4,c4 #dccb;a7 is repealed4 #aaajg4 ,improving transparency in environmental reviews ,section #aci of title #bc1 ,united ,states ,code 7as amended by section #aaajf7;a771 is amended by adding at the end the following3 7o7 ,reviews1 approvals1 and permitting platform 7#a7 ,in general ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall establish an online platform and1 in coordination with agencies described in paragraph 7#b71 issue reporting standards to make publicly available the status of reviews1 approvals1 and permits required for compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or other applicable ,federal laws for projects and activities requiring an environmental assessment or an environmental impact statement4 7#b7 ,federal agency participation ,a ,federal agency of jurisdiction over a review1 approval1 or permit described in paragraph 7#a7 shall provide status information in accordance with the standards established by the ,secretary under paragraph 7#a74 7#c7 ,state responsibilities ,a ,state that is assigned and assumes responsibilities under section #cbf or #cbg shall provide applicable status information in accordance with standards established by the ,secretary under paragraph 7#a74 4 #aaajh4 ,integration of planning and environmental review ,section #afh of title #bc1 ,united ,states ,code1 is amended to read as follows3 #afh4 ,integration of planning and environmental review 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,environmental review process ,the term environmental review process means the process for preparing for a project an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,lead agency ,the term lead agency has the meaning given the term in section #aci7;a74 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 #ace1 respectively4 7#d7 ,project ,the term project has the meaning given the term in section #aci7;a74 7b7 ,adoption of planning products for use in ,,nepa proceedings 7#a7 ,in general ,subject to subsection 7d71 the ,federal lead agency for a project may adopt and use a planning product in proceedings relating to any class of action in the environmental review process of the project4 7#b7 ,identification ,if the ,federal lead agency makes a determination to adopt and use a planning product1 the ,federal lead agency shall identify the agencies that participated in the development of the planning products4 7#c7 ,partial adoption of planning products ,the ,federal lead agency may-- 7,a7 adopt an entire planning product under paragraph 7#a72 or 7,b7 select portions of a planning project under paragraph 7#a7 for adoption4 7#d7 ,timing ,a determination under paragraph 7#a7 with respect to the adoption of a planning product may-- 7,a7 be made at the time the lead agencies decide the appropriate scope of environmental review for the project2 or 7,b7 occur later in the environmental review process1 as appropriate4 7c7 ,applicability 7#a7 ,planning decisions ,the lead agency in the environmental review process may adopt decisions from a planning product1 including-- 7,a7 whether tolling1 private financial assistance1 or other special financial measures are necessary to implement the project2 7,b7 a decision with respect to general travel corridor or modal choice1 including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility2 7,c7 the purpose and the need for the proposed action2 7,d7 preliminary screening of alternatives and elimination of unreasonable alternatives2 7,e7 a basic description of the environmental setting2 7,f7 a decision with respect to methodologies for analysis2 and 7,g7 an identification of programmatic level mitigation for potential impacts of transportation projects1 including-- 7i7 measures to avoid1 minimize1 and mitigate impacts at a regional or national scale2 7ii7 investments in regional ecosystem and water resources2 and 7iii7 a programmatic mitigation plan developed in accordance with section #afi4 7#b7 ,planning analyses ,the lead agency in the environmental review process may adopt analyses from a planning product1 including-- 7,a7 travel demands2 7,b7 regional development and growth2 7,c7 local land use1 growth management1 and development2 7,d7 population and employment2 7,e7 natural and built environmental conditions2 7,f7 environmental resources and environmentally sensitive areas2 7,g7 potential environmental effects1 including the identification of resources of concern and potential indirect and cumulative effects on those resources2 and 7,h7 mitigation needs for a proposed action1 or for programmatic level mitigation1 for potential effects that the ,federal lead agency determines are most effectively addressed at a regional or national program level4 7d7 ,conditions ,the lead agency in the environmental review process may adopt and use a planning product under this section if the lead agency determines1 with the concurrence of other participating agencies with relevant expertise and project sponsors1 as appropriate1 that the following conditions have been met3 7#a7 ,the planning product was developed through a planning process conducted pursuant to applicable ,federal law4 7#b7 ,the planning product was developed in consultation with appropriate ,federal and ,state resource agencies and ,indian tribes4 7#c7 ,the planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects1 including effects on the human and natural environment4 7#d7 ,the planning process included public notice that the planning products produced in the planning process may be adopted during a subsequent environmental review process in accordance with this section4 7#e7 ,during the environmental review process1 the lead agency has-- 7,a7 made the planning documents available for public review and comment2 7,b7 provided notice of the intention of the lead agency to adopt the planning product2 and 7,c7 considered any resulting comments4 7#f7 ,there is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product4 7#g7 ,the planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies4 7#h7 ,the planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process4 7#i7 ,the planning product is appropriate for adoption and use in the environmental review process for the project and is incorporated in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #aejb4ba of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,,drive ,act74 7e7 ,effect of adoption ,any planning product adopted by the ,federal lead agency in accordance with this section may be-- 7#a7 incorporated directly into an environmental review process document or other environmental document2 and 7#b7 relied on and used by other ,federal agencies in carrying out reviews of the project4 7f7 ,rules of construction 7#a7 ,in general ,this section does not make the environmental review process applicable to the transportation planning process conducted under this title and chapter #ec of title #di4 7#b7 ,transportation planning activities ,initiation of the environmental review process as a part of1 or concurrently with1 transportation planning activities does not subject transportation plans and programs to the environmental review process4 7#c7 ,planning products ,this section does not affect the use of planning products in the environmental review process pursuant to other authorities under any other provision of law or restrict the initiation of the environmental review process during planning4 4 #aaaji4 ,use of programmatic mitigation plans ,section #afi7;f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking may use and inserting shall consider2 and 7#b7 by inserting or other ,federal environmental law before the period at the end4 #aaaaj4 ,adoption of ,departmental environmental documents 7a7 ,in general ,title #di1 ,united ,states ,code1 is amended by inserting after section #cjf the following3 #cjg4 ,adoption of ,departmental environmental documents 7a7 ,in general ,an operating administration or secretarial office within the ,department may adopt any draft environmental impact statement1 final environmental impact statement1 environmental assessment1 or any other document issued under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 by another operating administration or secretarial office within the ,department-- 7#a7 without recirculating the document 7except that a final environmental impact statement shall be recirculated prior to adoption72 and 7#b7 if the operating administration or secretarial office adopting the document certifies that the project is substantially the same as the project reviewed under the document to be adopted4 7b7 ,cooperating agency ,an adopting operating administration or secretarial office that was a cooperating agency and certifies that the project is substantially the same as the project reviewed under the document to be adopted and that its comments and suggestions have been addressed may adopt a document described in subsection 7a7 without recirculating the document4 4 7b7 ,conforming amendment ,the analysis for chapter #c of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #cjg and inserting the following3 ,sec4 #cjg4 ,adoption of ,departmental environmental documents4 4 #aaaaa4 ,technical assistance for ,states ,section #cbf of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,assistance to ,states ,on request of a ,governor of a ,state1 the ,secretary shall provide to the ,state technical assistance1 training1 or other support relating to-- 7,a7 assuming responsibility under subsection 7a72 7,b7 developing a memorandum of understanding under this subsection2 or 7,c7 addressing a responsibility in need of corrective action under subsection 7d77#a77;,b74 2 and 7#b7 in subsection 7d71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,termination by ,secretary ,the ,secretary may terminate the participation of any ,state in the program1 if-- 7,a7 the ,secretary determines that the ,state is not adequately carrying out the responsibilities assigned to the ,state2 7,b7 the ,secretary provides to the ,state-- 7i7 a notification of the determination of noncompliance2 7ii7 a period of not less than #abj days to take such corrective action as the ,secretary determines to be necessary to comply with the applicable agreement2 and 7iii7 on request of the ,governor of the ,state1 a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph 7,a72 and 7,c7 the ,state1 after the notification and period described in clauses 7i7 and 7ii7 of subparagraph 7,b71 fails to take satisfactory corrective action1 as determined by the ,secretary4 4 #aaaab4 ,surface transportation project delivery program ,section #cbg7;j7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,termination by ,secretary ,the ,secretary may terminate the participation of any ,state in the program if-- 7,a7 the ,secretary determines that the ,state is not adequately carrying out the responsibilities assigned to the ,state2 7,b7 the ,secretary provides to the ,state-- 7i7 a notification of the determination of noncompliance2 7ii7 a period of not less than #abj days to take such corrective action as the ,secretary determines to be necessary to comply with the applicable agreement2 and 7iii7 on request of the ,governor of the ,state1 a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph 7,a72 and 7,c7 the ,state1 after the notification and period provided under subparagraph 7,b71 fails to take satisfactory corrective action1 as determined by the ,secretary4 4 #aaaac4 ,categorical exclusions for multimodal projects 7a7 ,multimodal project defined ,section #aci7;a7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#e7 and inserting the following3 7#e7 ,multimodal project ,the term multimodal project means a project that requires approval by more than #a ,department of ,transportation operating administration or secretarial office4 4 7b7 ,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#a71 by striking operating authority that is not the lead authority with respect to a project and inserting operating administration or secretarial office that has expertise but is not the lead authority with respect to a proposed multimodal project2 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 for a proposed multimodal project4 2 7#b7 in subsection 7b71 by striking under this title and inserting by the ,secretary of ,transportation2 7#c7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking a categorical exclusion designated under the implementing regulations or and inserting a categorical exclusion designated under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 implementing regulations or2 and 7ii7 by striking other components of the and inserting a proposed multimodal2 and 7,b7 by striking paragraphs 7#a7 through 7#e7 and inserting the following3 7#a7 the lead authority makes a determination1 in consultation with the cooperating authority1 on the applicability of a categorical exclusion to a proposed multimodal project2 7#b7 the cooperating authority does not object to the determination of the lead authority of the applicability of a categorical exclusion2 7#c7 the lead authority determines that the component of the proposed multimodal project to be covered by the categorical exclusion of the cooperating authority has independent utility2 and 7#d7 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 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 2 and 7#d7 by striking subsection 7d7 and inserting the following3 7d7 ,cooperative 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 #aaaad4 ,modernization of the environmental review process 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall examine ways to modernize1 simplify1 and improve the implementation of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dbca et seq47 by the ,department4 7b7 ,inclusions ,in carrying out subsection 7a71 the ,secretary shall consider-- 7#a7 the use of technology in the process1 such as-- 7,a7 searchable databases2 7,b7 geographic information system mapping tools2 7,c7 integration of those tools with fiscal management systems to provide more detailed data2 and 7,d7 other innovative technologies2 7#b7 ways to prioritize use of programmatic environmental impact statements2 7#c7 methods to encourage cooperating agencies to present analyses in a concise format2 and 7#d7 any other improvements that can be made to modernize process implementation4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the results of the review carried out under subsection 7a74 #aaaae4 ,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 ,act1 the area of which is less than or equal to #cb square feet1 if the ,state notifies the ,federal ,highway ,administration4 #aaaaf4 ,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 an 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 website 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-- 7#a7 in subsection 7c71 in the matter preceding paragraph 7#a71 by striking subsection 7d7 and inserting subsections 7d7 and 7e72 and 7#b7 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 an 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 website 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 #aaaag4 ,bridge exemption from consideration under certain provisions 7a7 ,preservation of parklands ,section #ach of title #bc1 ,united ,states ,code1 as amended by section #aaaaf1 is amended by adding at the end the following3 7d7 ,bridge exemption from consideration ,a common post-#aide concrete or steel bridge or culvert 7as described in #gg ,fed4 ,reg4 #fhgij7 that is exempt from individual review under section #cjfajh of title #ed1 ,united ,states ,code1 shall be exempt from consideration under this section4 4 7b7 ,policy on lands1 wildlife and waterfowl refuges1 and historic sites ,section #cjc of title #di1 ,united ,states ,code1 as amended by section #aaaaf1 is amended by adding at the end the following3 7f7 ,bridge exemption from consideration ,a common post-#aide concrete or steel bridge or culvert 7as described in #gg ,fed4 ,reg4 #fhgij7 that is exempt from individual review under section #cjfajh of title #ed1 ,united ,states ,code1 shall be exempt from consideration under this section4 4 #aaaah4 ,elimination of barriers to improve at-risk bridges 7a7 ,temporary authorization 7#a7 ,in general ,until the ,secretary of the ,interior takes the action described in subsection 7b71 the take of nesting swallows to facilitate a construction project on a bridge eligible for funding under title #bc1 ,united ,states ,code1 with any component condition rating of #c or less 7as defined by the ,national ,bridge ,inventory ,general ,condition ,guidance issued by the ,federal ,highway ,administration7 is authorized under the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq47 between ,april #a and ,august #ca4 7#b7 ,measures to minimize impacts 7,a7 ,notification before taking ,prior to the taking of nesting swallows authorized under paragraph 7#a71 any person taking that action shall submit to the ,secretary of the ,interior a document that contains-- 7i7 the name of the person acting under the authority of paragraph 7#a7 to take nesting swallows2 7ii7 a list of practicable measures that will be undertaken to minimize or mitigate significant adverse impacts on the population of that species2 7iii7 the time period during which activities will be carried out that will result in the taking of that species2 and 7iv7 an estimate of the number of birds1 by species1 to be taken in the proposed action4 7,b7 ,notification after taking ,not later than #fj days after the taking of nesting swallows authorized under paragraph 7#a71 any person taking that action shall submit to the ,secretary of the ,interior a document that contains the number of birds1 by species1 taken in the action4 7b7 ,authorization of take 7#a7 ,in general ,the ,secretary of the ,interior1 in consultation with the ,secretary1 shall promulgate a regulation under the authority of section #c of the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjd7 authorizing the take of nesting swallows to facilitate bridge repair1 maintenance1 or construction-- 7,a7 without individual permit requirements2 and 7,b7 under terms and conditions determined to be consistent with treaties relating to migratory birds that protect swallow species occurring in the ,united ,states4 7#b7 ,termination ,on the effective date of a final rule under this subsection by the ,secretary of the ,interior1 subsection 7a7 shall have no force or effect4 7c7 ,suspension or withdrawal of take authorization ,if the ,secretary of the ,interior1 in consultation with the ,secretary1 determines that taking of nesting swallows carried out under the authority provided in subsection 7a77#a7 is having a significant adverse impact on swallow populations1 the ,secretary of the ,interior may suspend that authority through publication in the ,federal ,register4 #aaaai4 ,at-risk project preagreement authority 7a7 ,definition of preliminary engineering ,in this section1 the term preliminary engineering means allowable preconstruction project development and engineering costs4 7b7 ,at-risk project preagreement authority ,a recipient or subrecipient of ,federal-aid funds under title #bc1 ,united ,states ,code1 may-- 7#a7 incur preliminary engineering costs for an eligible project under title #bc1 ,united ,states ,code1 before receiving project authorization from the ,state1 in the case of a subrecipient1 and the ,secretary to proceed with the project2 and 7#b7 request reimbursement of applicable ,federal funds after the project authorization is received4 7c7 ,eligibility ,the ,secretary may reimburse preliminary engineering costs incurred by a recipient or subrecipient under subsection 7b7-- 7#a7 if the costs meet all applicable requirements under title #bc1 ,united ,states ,code1 at the time the costs are incurred and the ,secretary concurs that the requirements have been met2 7#b7 in the case of a project located within a designated nonattainment or maintenance area for air quality1 if the conformity requirements of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 have been met2 and 7#c7 if the costs would have been allowable if incurred after the date of the project authorization by the ,department4 7d7 ,at-risk ,a recipient or subrecipient that elects to use the authority provided under this section shall-- 7#a7 assume all risk for preliminary engineering costs incurred prior to project authorization2 and 7#b7 be responsible for ensuring and demonstrating to the ,secretary that all applicable cost eligibility conditions are met after the authorization is received4 7e7 ,restrictions ,nothing in this section-- 7#a7 allows a recipient or subrecipient to use the authority under this section to advance a project beyond preliminary engineering prior to the completion of the environmental review process2 7#b7 waives the applicability of ,federal requirements to a project other than the reimbursement of preliminary engineering costs incurred prior to an authorization to proceed in accordance with this section2 or 7#c7 guarantees ,federal funding of the project or the eligibility of the project for future ,federal-aid highway funding4 ,c ,miscellaneous #aabja4 ,credits for untaxed transportation fuels 7a7 ,definition of qualified revenues ,in this section1 the term qualified revenues means any amounts-- 7#a7 collected by a ,state-- 7,a7 for the registration of a vehicle that operates solely on a fuel that is not subject to a ,federal tax2 and 7,b7 not sooner than the second registration period following the purchase of the vehicle2 and 7#b7 that do not exceed1 for a vehicle described in paragraph 7#a71 an annual amount determined by the ,secretary to be equal to the annual amount paid for ,federal motor fuels taxes on the fuel used by an average passenger car fueled solely by gasoline4 7b7 ,credit 7#a7 ,in general ,subject to paragraph 7#b71 if a ,state contributes qualified revenues to cover not less than #e percent of the total cost of a project eligible for assistance under this title1 the ,federal share payable for the project under this section may be increased by an amount that is-- 7,a7 equal to the percent of the total cost of the project from contributed qualified revenues2 but 7,b7 not more than #e percent of the total cost of the project4 7#b7 ,expiration ,the authorization of an increased ,federal share for a project pursuant to paragraph 7#a7 expires on ,september #cj1 #bjbc4 7c7 ,study 7#a7 ,in general ,before the expiration date of the credit under subsection 7b77#b71 the ,secretary1 in coordination with other appropriate ,federal agencies1 shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that describes the most efficient and equitable means of taxing motor vehicle fuels not subject to a ,federal tax as of the date of submission of the report4 7#b7 ,requirement ,the means described in the report under paragraph 7#a7 shall parallel1 as closely as practicable1 the structure of other ,federal taxes on motor fuels4 #aabjb4 ,justification reports for access points on the ,interstate ,system ,section #aaa7;e7 of title #bc1 ,united ,states ,code1 is amended by inserting 7including new or modified freeway-to-crossroad interchanges inside a transportation management area7 after the ,interstate ,system4 #aabjc4 ,exemptions ,section #abg of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7m7 ,natural gas vehicles ,a vehicle1 if operated by an engine fueled primarily by natural gas1 may exceed any vehicle weight limit 7up to a maximum gross vehicle weight of #hb1jjj pounds7 under this section by an amount that is equal to the difference between-- 7#a7 the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle2 and 7#b7 the weight of a comparable diesel tank and fueling system4 7n7 ,emergency vehicles 7#a7 ,definition of emergency vehicle ,in this subsection1 the term emergency vehicle means a vehicle designed to be used under emergency conditions-- 7,a7 to transport personnel and equipment2 and 7,b7 to support the suppression of fires and mitigation of other hazardous situations4 7#b7 ,emergency vehicle weight limit ,notwithstanding subsection 7a71 a ,state shall not enforce against an emergency vehicle a vehicle weight limit 7up to a maximum gross vehicle weight of #hf1jjj pounds7 of less than-- 7,a7 #bd1jjj pounds on a single steering axle2 7,b7 #cc1ejj pounds on a single drive axle2 7,c7 #fb1jjj pounds on a tandem axle2 or 7,d7 #eb1jjj pounds on a tandem rear drive steer axle4 7o7 ,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 ,system-- 7#a7 a vehicle that could legally operate on the segment before the date of the designation at the posted speed limit may continue to operate on that segment2 and 7#b7 a vehicle that can only travel below the posted speed limit on the segment that could otherwise legally operate on the segment before the date of the designation may continue to operate on that segment during daylight hours4 4 #aabjd4 ,high priority corridors on the ,national ,highway ,system ,section #aaje of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#aje ,stat4 #bjca7 is amended-- 7#a7 in subsection 7c7 7#aje ,stat4 #bjcb2 #aab ,stat4 #aij2 #aai ,stat4 #abac7-- 7,a7 by striking paragraph 7#ac7 and inserting the following3 7#ac7 ,raleigh-,norfolk ,corridor from ,raleigh1 ,north ,carolina1 through ,rocky ,mount1 ,williamston and ,elizabeth ,city1 ,north ,carolina1 to ,norfolk1 ,virginia4 2 7,b7 in paragraph 7#ah77;,d7-- 7i7 in clause 7ii71 by striking and at the end2 7ii7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7iii7 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 and 7,c7 by striking paragraph 7#fh7 and inserting the following3 7#fh7 ,the ,washoe ,county ,corridor and the ,intermountain ,west ,corridor shall generally follow3 7,a7 in the case of the ,washoe ,county ,corridor1 along ,interstate ,route #ehj_/,united ,states ,route #ie_/,united ,states ,route #ie;,a1 from ,reno1 ,nevada1 to ,las ,vegas1 ,nevada2 and 7,b7 in the case of the ,intermountain ,west ,corridor1 from the vicinity of ,las ,vegas extending north along ,united ,states ,route #ie1 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 ,central ,texas ,corridor commencing at the logical terminus of ,interstate #aj1 and generally following portions of ,united ,states ,route #aij eastward passing in the vicinity ,fort ,hood1 ,killeen1 ,belton1 ,temple1 ,bryan1 ,college ,station1 ,huntsville1 ,livingston1 ,woodville1 and to the logical terminus of ,texas ,highway #fc at the ,sabine ,river ,bridge at ,burrs ,crossing4 2 7#b7 in subsection 7e77#e7-- 7,a7 in subparagraph 7,a7 7#aji ,stat4 #eig2 #aah ,stat4 #bic2 #aai ,stat4 #abac71 in the first sentence-- 7i7 by inserting subsection 7c77#ac71 after subsection 7c77#i712 7ii7 by striking subsections 7c77#ah7 and all that follows through 7c77#cf7 and inserting subsection 7c77#ah71 subsection 7c77#bj71 subparagraphs 7,a7 and 7,b77i7 of subsection 7c77#bf71 subsection 7c77#cf7 2 and 7iii7 by striking and subsection 7c77#eg7 and inserting subsection 7c77#eg71 subsection 7c77#fh77;,b71 subsection 7c77#ha71 and subsection 7c77#hb72 and 7,b7 in subparagraph 7,c77i7 7#aji ,stat4 #eih2 #abf ,stat4 #dbg71 by striking the last sentence and inserting ,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 4 #aabje4 ,repeat intoxicated driver law ,section #afd7;a77#d7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding subparagraph 7,a7 by inserting or combination of laws after means a ,state law4 #aabjf4 ,vehicle-to-infrastructure equipment 7a7 ,national highway performance program ,section #aai7;d77#b77,l7 of title #bc1 ,united ,states ,code1 is amended by inserting 1 including the installation of interoperable vehicle-to-infrastructure communication equipment after capital improvements4 7b7 ,surface transportation program ,section #acc7;b77#af7 of title #bc1 ,united ,states ,code1 by inserting 1 including the installation of interoperable vehicle-to-infrastructure communication equipment after capital improvements4 #aabjg4 ,relinquishment ,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 law4 #aabjh4 ,transfer and sale of toll credits 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,eligible state ,the term eligible ,state means a ,state that-- 7,a7 is eligible to use a credit under section #abj7;i7 of title #bc1 ,united ,states ,code2 and 7,b7 has been selected by the ,secretary under subsection 7d77#b74 7#b7 ,recipient ,state ,the term recipient ,state means a ,state that receives a credit by transfer or by sale under this section from an eligible ,state4 7b7 ,establishment of pilot program ,not later than #a year after the date of the establishment of a nationwide toll credit monitoring and tracking system under subsection 7g71 the ,secretary shall establish and implement a toll credit marketplace pilot program in accordance with this section4 7c7 ,purposes ,the purposes of the pilot program established under subsection 7b7 are-- 7#a7 to identify whether a monetary value can be assigned to toll credits2 7#b7 to identify the discounted rate of toll credits for cash2 7#c7 to determine if the purchase of toll credits by ,states provides the purchasing ,state budget flexibility to deal with funding issues1 including off-system needs1 transit systems with high operating costs1 or cash flow issues2 and 7#d7 to test the feasibility of expanding the toll credit market to allow all ,states to participate on a permanent basis4 7d7 ,selection of eligible ,states 7#a7 ,application to ,secretary ,in order to participate in the pilot program established under subsection 7b71 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,selection ,of the ,states that submit an application under paragraph 7#a71 the ,secretary may select not more than #aj ,states to be designated as an eligible ,state4 7e7 ,transfer or sale of credits 7#a7 ,in general ,in carrying out the pilot program established under subsection 7b71 the ,secretary shall provide that an eligible ,state may transfer or sell to a recipient ,state a credit not used by the eligible ,state under section #abj7;i7 of title #bc1 ,united ,states ,code4 7#b7 ,use of credits by transferee or purchaser ,a recipient ,state may use a credit received under paragraph 7#a7 toward the non-,federal share requirement for any funds made available to carry out title #bc or chapter #ec of title #di1 ,united ,states ,code4 7#c7 ,condition on transfer or sale of credits ,to receive a credit under paragraph 7#a71 a recipient ,state shall enter into an agreement with the ,secretary described in section #abj7;i7 of title #bc1 ,united ,states ,code4 7f7 ,use of proceeds from sale of credits ,an eligible ,state shall use the proceeds from the sale of a credit under subsection 7e77#a7 for any project in the eligible ,state that is eligible under the surface transportation program established under section #acc of title #bc1 ,united ,states ,code4 7g7 ,toll credit monitoring and tracking ,not later than #ahj days after the enactment of this section1 the ,secretary shall establish a nationwide toll credit monitoring and tracking system that functions as a real-time database on the inventory and use of toll credits among all ,states 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code74 7h7 ,notification ,not later than #cj days after the date on which a credit is transferred or sold under subsection 7e77#a71 the eligible ,state shall submit to the ,secretary in writing a notification of the transfer or sale4 7i7 ,reporting requirements 7#a7 ,initial report ,not later than #ahj days after the date of establishment of the pilot program under subsection 7b71 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the progress of the pilot program4 7#b7 ,state report 7,a7 ,report by eligible ,state ,not later than #cj days after a purchase or sale under subsection 7e77#a71 an eligible ,state shall submit to the ,secretary a report that describes-- 7i7 information on the transaction2 7ii7 the amount of cash received and the value of toll credits sold2 7iii7 the intended use of the cash2 and 7iv7 an update on the remaining toll credit balance of the ,state4 7,b7 ,report by recipient ,state ,not later than #cj days after a purchase or sale under subsection 7e77#a71 a recipient ,state shall submit to the ,secretary a report that describes-- 7i7 the value of toll credits purchased2 7ii7 the anticipated use of the toll credits2 and 7iii7 plans for maintaining maintenance of effort for spending on ,federal-aid highways projects4 7#c7 ,annual report ,not later than #a year after the date on which the pilot program under subsection 7b7 is established and each year thereafter that the pilot program is in effect1 the ,secretary shall-- 7,a7 submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that-- 7i7 determines whether a toll credit marketplace is viable2 7ii7 describes the buying and selling activities of the pilot program2 7iii7 describes the monetary value of toll credits2 7iv7 determines whether the pilot program could be expanded to more ,states or all ,states2 and 7v7 provides updated information on the toll credit balance accumulated by each ,state2 and 7,b7 make the report described in subparagraph 7,a7 publicly available on the website of the ,department4 7j7 ,termination ,the ,secretary may terminate the program established under this section or the participation of any ,state in the program if the ,secretary determines that the program is not serving a public benefit4 #aabji4 ,regional infrastructure accelerator demonstration program 7a7 ,in general ,the ,secretary shall establish a regional infrastructure demonstration program 7referred to in this section as the program7 to assist entities in developing improved infrastructure priorities and financing strategies for the accelerated development of a project that is eligible for funding under the ,,tifia program under chapter #f of title #bc1 ,united ,states ,code4 7b7 ,designation of regional infrastructure accelerators ,in carrying out the program1 the ,secretary may designate regional infrastructure accelerators that will-- 7#a7 serve a defined geographic area2 and 7#b7 act as a resource in the geographic area to qualified entities in accordance with this section4 7c7 ,application ,to be eligible for a designation under subsection 7b71 a proposed regional infrastructure accelerator shall submit to the ,secretary a proposal at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,criteria ,in evaluating a proposal submitted under subsection 7c71 the ,secretary shall consider-- 7#a7 the need for geographic diversity among regional infrastructure accelerators2 and 7#b7 the ability of the proposal to promote investment in covered infrastructure projects1 which shall include a plan-- 7,a7 to evaluate and promote innovative financing methods for local projects1 including the use of the ,,tifia program under chapter #f of title #bc1 ,united ,states ,code2 7,b7 to build capacity of ,state1 local1 and tribal governments to evaluate and structure projects involving the investment of private capital2 7,c7 to provide technical assistance and information on best practices with respect to financing the projects2 7,d7 to increase transparency with respect to infrastructure project analysis and using innovative financing for public infrastructure projects2 7,e7 to deploy predevelopment capital programs designed to facilitate the creation of a pipeline of infrastructure projects available for investment2 7,f7 to bundle smaller-scale and rural projects into larger proposals that may be more attractive for investment2 and 7,g7 to reduce transaction costs for public project sponsors4 7e7 ,annual report ,not less frequently than once each year1 the ,secretary shall submit to ,congress a report that describes the findings and effectiveness of the program4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program #ab1jjj1jjj1 of which the ,secretary shall use-- 7#a7 #aa1gej1jjj for initial grants to regional infrastructure accelerators under subsection 7b72 and 7#b7 #bej1jjj for administrative costs of carrying out the program4 #aabaj4 ,sonoran ,corridor ,interstate development 7a7 ,findings ,congress finds that the designation of the ,sonoran ,corridor ,interstate connecting ,interstate #ai to ,interstate #aj south of the ,tucson ,international ,airport as a future part of the ,interstate ,system would-- 7#a7 enhance direct linkage between major trading routes connecting growing ports1 agricultural regions1 infrastructure and manufacturing centers1 and existing high priority corridors of the ,national ,highway ,system2 and 7#b7 significantly improve connectivity on the future ,interstate #aa and the ,,canamex ,corridor1 a route directly linking the ,united ,states with ,mexico and ,canada4 7b7 ,high priority corridors on ,national ,highway ,system ,section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#aje ,stat4 #bjcb2 #aai ,stat4 #abaj7 7as amended by section #aabjd7 is amended by adding at the end the following3 7#hd7 ,state ,route #daj1 the ,sonoran ,corridor connecting ,interstate #ai to ,interstate #aj south of the ,tucson ,international ,airport4 4 7c7 ,future parts of ,interstate ,system ,section #aaje7;e77#e77;,a7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#aje ,stat4 #bjcc2 #aai ,stat4 #abac7 7as amended by section #aabjd7 is amended in the first sentence by striking and subsection 7c77#hb7 and inserting subsection 7c77#hb71 and subsection 7c77#hd74 ,,ii ,transportation innovation ,a ,research #abjja4 ,research1 technology1 and education 7a7 ,highway research and development program ,section #ejc7;b77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,c7-- 7,a7 in clause 7xviii71 by striking and at the end2 7,b7 in clause 7xix71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7xx7 accelerated mobile1 highway-speed1 bridge inspection methods that provide quantitative data-driven decisionmaking capabilities without requiring lane closures2 and 7xxi7 innovative segmental wall technology for soil bank stabilization and roadway sound attenuation1 and articulated technology for hydraulic sheer-resistant erosion control4 2 and 7#b7 in subparagraph 7,d77i71 by inserting and section #aai7;e7 after this subparagraph4 7b7 ,technology and innovation deployment program ,section #ejc7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking carry out and inserting establish and implement2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking clause 7i7 and inserting the following3 7i7 use not less than #ej percent of the funds authorized to carry out this subsection to make grants to1 and enter into cooperative agreements and contracts with1 ,states1 other ,federal agencies1 local governments1 metropolitan planning organizations1 institutions of higher education1 private sector entities1 and nonprofit organizations to carry out demonstration programs that will accelerate the deployment and adoption of transportation research activities2 2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following3 7,c7 ,innovation grants 7i7 ,in general ,in carrying out the program established under subparagraph 7,b77i71 the ,secretary shall establish a transparent competitive process in which entities described in subparagraph 7,b77i7 may submit an application to receive a grant under this subsection4 7ii7 ,publication of application process ,a description of the application process established by the ,secretary shall-- 7,i7 be posted on a public website2 7,,ii7 identify the information required to be included in the application2 and 7,,iii7 identify the criteria by which the ,secretary shall select grant recipients4 7iii7 ,submission of application ,to receive a grant under this paragraph1 an entity described in subparagraph 7,b77i7 shall submit an application to the ,secretary4 7iv7 ,selection and approval ,the ,secretary shall select and approve an application submitted under clause 7iii7 based on whether the project described in the application meets the goals of the program described in paragraph 7#a74 2 and 7#c7 in paragraph 7#c77;,c71 by striking each of fiscal years #bjac through #bjad and inserting each fiscal year4 7c7 ,conforming amendment ,section #eje7;c77#a7 of title #bc1 ,united ,states ,code1 is amended by striking section #ejc7;c77#b77;,c7 and inserting section #ejc 7c77#b77;,d74 #abjjb4 ,intelligent transportation systems 7a7 ,intelligent transportation systems deployment ,section #eac of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,system operations and ,,its deployment grant program 7#a7 ,establishment ,the ,secretary shall establish a competitive grant program to accelerate the deployment1 operation1 systems management1 intermodal integration1 and interoperability of the ,,its program and ,,its-enabled operational strategies-- 7,a7 to measure and improve the performance of the surface transportation system2 7,b7 to reduce traffic congestion and the economic and environmental impacts of traffic congestion2 7,c7 to minimize fatalities and injuries2 7,d7 to enhance mobility of people and goods2 7,e7 to improve traveler information and services2 and 7,f7 to optimize existing roadway capacity4 7#b7 ,application ,to be eligible for a grant under this subsection1 an eligible entity shall submit an application to the ,secretary that includes-- 7,a7 a plan to deploy and provide for the long-term operation and maintenance of intelligent transportation systems to improve safety1 efficiency1 system performance1 and return on investment1 such as-- 7i7 autonomous vehicle communication technologies2 7ii7 vehicle-to-vehicle or vehicle-to-infrastructure communication technologies2 7iii7 real-time integrated traffic1 transit1 and multimodal transportation information2 7iv7 advanced traffic1 freight1 parking1 and incident management systems2 7v7 advanced technologies to improve transit and commercial vehicle operations2 7vi7 synchronized1 adaptive1 and transit preferential traffic signals2 7vii7 advanced infrastructure condition assessment technologies2 and 7viii7 other technologies to improve system operations1 including ,,its applications necessary for multimodal systems integration and for achieving performance goals2 7,b7 quantifiable system performance improvements1 including-- 7i7 reductions in traffic-related crashes1 congestion1 and costs2 7ii7 optimization of system efficiency2 and 7iii7 improvement of access to transportation services2 7,c7 quantifiable safety1 mobility1 and environmental benefit projections1 including data-driven estimates of the manner in which the project will improve the efficiency of the transportation system and reduce traffic congestion in the region2 7,d7 a plan for partnering with the private sector1 including telecommunications industries and public service utilities1 public agencies 7including multimodal and multijurisdictional entities71 research institutions1 organizations representing transportation and technology leaders1 and other transportation stakeholders2 7,e7 a plan to leverage and optimize existing local and regional ,,its investments2 and 7,f7 a plan to ensure interoperability of deployed technologies with other tolling1 traffic management1 and intelligent transportation systems4 7#c7 ,selection 7,a7 ,in general ,effective beginning not later than #a year after the date of enactment of the ,,drive ,act1 the ,secretary may provide grants to eligible entities under this subsection4 7,b7 ,geographic diversity ,in awarding a grant under this subsection1 the ,secretary shall ensure1 to the maximum extent practicable1 that grant recipients represent diverse geographical areas of the ,united ,states1 including urban1 suburban1 and rural areas4 7,c7 ,non-,federal share ,in awarding a grant under the subsection1 the ,secretary shall give priority to grant recipients that demonstrate an ability to contribute a significant non-,federal share to the cost of carrying out the project for which the grant is received4 7#d7 ,eligible uses ,projects for which grants awarded under this subsection may be used include-- 7,a7 the deployment of autonomous vehicle communication technologies2 7,b7 the deployment of vehicle-to-vehicle or vehicle-to-infrastructure communication technologies2 7,c7 the establishment and implementation of ,,its and ,,its-enabled operations strategies that improve performance in the areas of-- 7i7 traffic operations2 7ii7 emergency response to surface transportation incidents2 7iii7 incident management2 7iv7 transit and commercial vehicle operations improvements2 7v7 weather event response management by ,state and local authorities2 7vi7 surface transportation network and facility management2 7vii7 construction and work zone management2 7viii7 traffic flow information2 7ix7 freight management2 and 7x7 congestion management2 7,d7 carrying out activities that support the creation of networks that link metropolitan and rural surface transportation systems into an integrated data network1 capable of collecting1 sharing1 and archiving transportation system traffic condition and performance information2 7,e7 the implementation of intelligent transportation systems and technologies that improve highway safety through information and communications systems linking vehicles1 infrastructure1 mobile devices1 transportation users1 and emergency responders2 7,f7 the provision of services necessary to ensure the efficient operation and management of ,,its infrastructure1 including costs associated with communications1 utilities1 rent1 hardware1 software1 labor1 administrative costs1 training1 and technical services2 7,g7 the provision of support for the establishment and maintenance of institutional relationships between transportation agencies1 police1 emergency medical services1 private emergency operators1 freight operators1 shippers1 public service utilities1 and telecommunications providers2 7,h7 carrying out multimodal and cross-jurisdictional planning and deployment of regional transportation systems operations and management approaches2 and 7,i7 performing project evaluations to determine the costs1 benefits1 lessons learned1 and future deployment strategies associated with the deployment of intelligent transportation systems4 7#e7 ,report to ,secretary ,for each fiscal year that an eligible entity receives a grant under this subsection1 not later than #a year after receiving the grant1 each recipient shall submit to the ,secretary a report that describes how the project has met the expectations projected in the deployment plan submitted with the application1 including information on-- 7,a7 how the program has helped reduce traffic crashes1 congestion1 costs1 and other benefits of the deployed systems2 7,b7 the effect of measuring and improving transportation system performance through the deployment of advanced technologies2 7,c7 the effectiveness of providing real-time integrated traffic1 transit1 and multimodal transportation information to the public that allows the public to make informed travel decisions2 and 7,d7 lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance4 7#f7 ,report to congress ,not later than #b years after the date on which the first grant is awarded under this subsection and annually thereafter for each fiscal year for which grants are awarded under this subsection1 the ,secretary shall submit to ,congress a report that describes the effectiveness of the grant recipients in meeting the projected deployment plan goals1 including data on how the grant program has-- 7,a7 reduced traffic-related fatalities and injuries2 7,b7 reduced traffic congestion and improved travel-time reliability2 7,c7 reduced transportation-related emissions2 7,d7 optimized multimodal system performance2 7,e7 improved access to transportation alternatives2 7,f7 provided the public with access to real-time integrated traffic1 transit1 and multimodal transportation information to make informed travel decisions2 7,g7 provided cost savings to transportation agencies1 businesses1 and the traveling public2 and 7,h7 provided other benefits to transportation users and the general public4 7#g7 ,additional grants ,if the ,secretary determines1 based on a report submitted under paragraph 7#e71 that a grant recipient is not complying with the established grant criteria1 the ,secretary may-- 7,a7 cease payment to the recipient of any remaining grant amounts2 and 7,b7 redistribute any remaining amounts to other eligible entities under this section4 7#h7 ,non-,federal share ,the ,federal share of the cost of a project for which a grant is provided under this subsection shall not exceed #ej percent of the cost of the project4 7#i7 ,funding ,of the funds made available each fiscal year to carry out the intelligent transportation system program under sections #eab through #eah1 not less than #cj1jjj1jjj shall be used to carry out this subsection4 4 7b7 ,intelligent transportation systems goals and purposes ,section #ead7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 and 7#b7 by striking paragraph 7#e7 and inserting the following3 7#e7 improvement of the ability of the ,united ,states to respond to security-related or other manmade emergencies and natural disasters2 and 7#f7 enhancement of the freight system of the ,united ,states and support to freight policy goals by conducting heavy duty vehicle demonstration activities and accelerating adoption of ,,its applications in freight operations4 4 7c7 ,,its advisory committee report ,section #eae7;h77#d7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding subparagraph 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 year4 #abjjc4 ,future interstate study 7a7 ,findings ,congress finds that-- 7#a7 a well-developed system of transportation infrastructure is critical to the economic well-being1 health1 and welfare of the people of the ,united ,states2 7#b7 the #dg1jjj-mile national ,interstate ,system is the backbone to that transportation infrastructure system2 and 7#c7 as of the date of enactment of this ,act-- 7,a7 many segments of the approximately #fj-year-old ,interstate ,system are well beyond the #ej-year design life of the ,system and yet these aging facilities are central to the transportation infrastructure system1 carrying #be percent of the vehicle traffic of the ,united ,states on just #a percent of the total public roadway mileage2 7,b7 the need for ongoing maintenance1 preservation1 and reconstruction of the ,interstate ,system has grown due to increasing and changing travel demands2 and 7,c7 simple maintenance of the current condition and configuration of the ,interstate ,system is insufficient for the ,system to fully serve the transportation needs of the ,united ,states for the next #ej years4 7b7 ,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 network that meets the growing and shifting demands of the #bast century and for the next #ej years 7referred to in this section as the study74 7c7 ,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 entitled ,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 ,system and dated ,december #bjac4 7d7 ,recommendations ,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 appropriate to achieve the goals2 and 7#b7 is encouraged to build on the robust institutional knowledge in the highway industry in applying the techniques involved in implementing the study4 7e7 ,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 next #ej years1 including long-term deterioration and reconstruction needs2 7#c7 those ,national ,highway ,system routes that should be added to the existing ,interstate ,system to more efficiently serve national traffic flows2 7#d7 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#e7 the resources necessary to maintain and improve the ,interstate ,system1 including the resources required to upgrade those ,national ,highway ,system routes identified in paragraph 7#c7 to ,interstate standards4 7f7 ,consultation ,in carrying out the study1 the ,transportation ,research ,board-- 7#a7 shall convene and consult with a panel of national experts including current and future owners1 operators1 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 7g7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,transportation ,research ,board shall submit to the ,secretary1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the results of the study conducted under this section4 7h7 ,funding ,from amounts authorized to carry out the ,highway ,research and ,development ,program1 the ,secretary shall use up to #e1jjj1jjj for fiscal year #bjaf to carry out this section4 #abjjd4 ,researching surface transportation system funding alternatives 7a7 ,in general ,the ,secretary shall promote the research of user-based alternative revenue mechanisms that preserve a user fee structure to maintain the long-term solvency of the ,highway ,trust ,fund4 7b7 ,objectives ,the objectives of the research described in subsection 7a7 shall be-- 7#a7 to study uncertainties relating to the design1 acceptance1 and implementation of #b or more future user-based alternative revenue mechanisms2 7#b7 to define the functionality of those user-based alternative revenue mechanisms2 7#c7 to conduct or promote research activities to demonstrate and test those user-based alternative revenue mechanisms1 including by conducting field trials1 by partnering with individual ,states1 groups of ,states1 or other appropriate entities to conduct the research activities2 7#d7 to conduct outreach to increase public awareness regarding the need for alternative funding sources for surface transportation programs and provide information on possible approaches2 7#e7 to provide recommendations regarding adoption and implementation of those user-based alternative revenue mechanisms2 and 7#f7 to minimize the administrative cost of any potential user-based alternative revenue mechanisms4 7c7 ,grants ,the ,secretary shall provide grants to individual ,states1 groups of ,states1 or other appropriate entities to conduct research that addresses-- 7#a7 the implementation1 interoperability1 public acceptance1 and other potential hurdles to the adoption of a 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 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#e7 ease of compliance for different users of the transportation system2 7#f7 the reliability and security of technology used to implement the user-based alternative revenue mechanism2 7#g7 the flexibility and choices of user-based alternative revenue mechanisms1 including the ability of users to select from various technology and payment options2 7#h7 the cost of administering the user-based alternative revenue mechanism2 and 7#i7 the ability of the administering entity to audit and enforce user compliance4 7d7 ,advisory council 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of the ,treasury1 shall establish and lead a ,surface ,transportation ,revenue ,alternatives ,advisory ,council 7referred to in this subsection as the ,council7 to inform the selection and evaluation of user-based alternative revenue mechanisms4 7#b7 ,membership 7,a7 ,in general ,the members of the ,council shall-- 7i7 be appointed by the ,secretary2 and 7ii7 include1 at a minimum-- 7,i7 representatives with experience in user-based alternative revenue mechanisms1 of which-- 7aa7 not fewer than #a shall be from the ,department2 7bb7 not fewer than #a shall be from the ,department of the ,treasury2 and 7cc7 not fewer than #b shall be from ,state departments of transportation2 7,,ii7 representatives from applicable users of the surface transportation system2 and 7,,iii7 appropriate technology and public privacy experts4 7,b7 ,geographic considerations ,the ,secretary shall consider geographic diversity when selecting members under this paragraph4 7#c7 ,functions ,not later than #a year after the date on which the ,council is established1 the ,council shall1 at a minimum-- 7,a7 define the functionality of #b or more user-based alternative revenue mechanisms2 7,b7 identify technological1 administrative1 institutional1 privacy1 and other issues that-- 7i7 are associated with the user-based alternative revenue mechanisms2 and 7ii7 may be researched through research activities2 7,c7 conduct public outreach to identify and assess questions and concerns about the user-based alternative revenue mechanisms for future evaluation through research activities2 and 7,d7 provide recommendations to the ,secretary on the process and criteria used for selecting research activities under subsection 7c74 7#d7 ,evaluations ,the ,council shall conduct periodic evaluations of the research activities that have received assistance from the ,secretary under this section4 7#e7 ,applicability of federal advisory committee act ,the ,council shall not be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7e7 ,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 research activities under this section1 the ,secretary shall submit to the ,secretary of the ,treasury1 the ,committee on ,finance and the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,ways and ,means and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the progress of the research activities4 7f7 ,final report ,on the completion of the research activities under this section1 the ,secretary and the ,secretary of the ,treasury1 acting jointly1 shall submit to the ,committee on ,finance and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,ways and ,means and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the results of the research activities and any recommendations4 7g7 ,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 in fiscal year #bjaf2 and 7#b7 #bj1jjj1jjj shall be used to carry out this section in each of fiscal years #bjag through #bjba4 ,b ,data #abaja4 ,tribal data collection ,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 end 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 ,interior1 based on obligations and expenditures under the tribal transportation program during the preceding fiscal year1 the following data3 7i7 ,the names of projects or activities carried out by the entity under the tribal transportation program during the preceding fiscal year4 7ii7 ,a description of the projects or activities identified under clause 7i74 7iii7 ,the current status of the projects or activities identified under clause 7i74 7iv7 ,an estimate of the number of jobs created and the number of jobs retained by the projects or activities identified under clause 7i74 4 #abajb4 ,performance management data support program 7a7 ,performance management data support ,the ,administrator of the ,federal ,highway ,administration shall develop1 use1 and maintain data sets and data analysis tools to assist metropolitan planning organizations1 ,states1 and the ,federal ,highway ,administration in carrying out performance management analyses 7including the performance management requirements under section #aej of title #bc1 ,united ,states ,code74 7b7 ,inclusions ,the data analysis activities authorized under subsection 7a7 may include-- 7#a7 collecting and distributing vehicle probe data describing traffic on ,federal-aid highways2 7#b7 collecting household travel behavior data to assess local and cross-jurisdictional travel1 including to accommodate external and through travel2 7#c7 enhancing existing data collection and analysis tools to accommodate performance measures1 targets1 and related data1 so as to better understand trip origin and destination1 trip time1 and mode2 7#d7 enhancing existing data analysis tools to improve performance predictions and travel models in reports described in section #aej7;e7 of title #bc1 ,united ,states ,code2 and 7#e7 developing tools-- 7,a7 to improve performance analysis2 and 7,b7 to evaluate the effects of project investments on performance4 7c7 ,funding ,from amounts authorized to carry out the ,highway ,research and ,development ,program1 the ,administrator may use up to #aj1jjj1jjj for each of fiscal years #bjaf through #bjba to carry out this section4 ,c ,transparency and best practices #abbja4 ,every ,day ,counts initiative 7a7 ,in general ,it is in the national interest for the ,department1 ,state departments of transportation1 and all other recipients of ,federal transportation funds-- 7#a7 to identify1 accelerate1 and deploy innovation aimed at shortening project delivery1 enhancing the safety of the roadways of the ,united ,states1 and protecting the environment2 7#b7 to ensure that the planning1 design1 engineering1 construction1 and financing of transportation projects is done in an efficient and effective manner2 7#c7 to promote the rapid deployment of proven solutions that provide greater accountability for public investments and encourage greater private sector involvement2 and 7#d7 to create a culture of innovation within the highway community4 7b7 ,every ,day ,counts initiative ,to advance the policy described in subsection 7a71 the ,administrator of the ,federal ,highway ,administration 7referred to in this section as the ,administrator7 shall continue the ,every ,day ,counts initiative to work with ,states1 local transportation agencies1 and industry stakeholders to identify and deploy proven innovative practices and products that-- 7#a7 accelerate innovation deployment2 7#b7 shorten the project delivery process2 7#c7 improve environmental sustainability2 7#d7 enhance roadway safety2 and 7#e7 reduce congestion4 7c7 ,innovation deployment 7#a7 ,in general ,at least every #b years1 the ,administrator shall work collaboratively with stakeholders to identify a new collection of innovations1 best practices1 and data to be deployed to highway stakeholders through case studies1 webinars1 and demonstration projects4 7#b7 ,requirements ,in identifying a collection described in paragraph 7#a71 the ,secretary shall take into account market readiness1 impacts1 benefits1 and ease of adoption of the innovation or practice4 7d7 ,publication ,each collection identified under subsection 7c7 shall be published by the ,administrator on a publicly available website4 #abbjb4 ,department of ,transportation performance measures 7a7 ,performance measures ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in coordination with the heads of other ,federal agencies with responsibility for the review and approval of projects funded under title #bc1 ,united ,states ,code1 shall measure and report on-- 7#a7 the progress made toward aligning ,federal reviews of projects funded under title #bc1 ,united ,states ,code1 and the improvement of project delivery associated with those projects2 and 7#b7 as applicable1 the effectiveness of the ,department in achieving the goals described in section #aej7;b7 of title #bc1 ,united ,states ,code1 through discretionary programs4 7b7 ,report ,not later than #b years after the date of enactment of this ,act and biennially thereafter1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the results of the evaluation conducted under subsection 7a74 7c7 ,inspector general report ,not later than #c years after the date of enactment of this ,act1 the ,inspector ,general of the ,department shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the results of the evaluation conducted under subsection 7a74 #abbjc4 ,grant program for achievement in transportation for performance and innovation 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity includes-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b772 and 7,d7 a metropolitan planning organization4 7#b7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory 7as defined in section #afe7;c77#a7 of title #bc1 ,united ,states ,code74 7b7 ,establishment of program ,the ,secretary shall establish a competitive grant program to reward-- 7#a7 achievement in transportation performance management2 and 7#b7 the implementation of strategies that achieve innovation and efficiency in surface transportation4 7c7 ,purpose ,the purpose of the program under this section shall be to reward entities for the implementation of policies and procedures that-- 7#a7 support performance-based management of the surface transportation system and improve transportation outcomes2 or 7#b7 use innovative technologies and practices that improve the efficiency and performance of the surface transportation system4 7d7 ,application 7#a7 ,in general ,an eligible entity may submit to the ,secretary an application for a grant under this section4 7#b7 ,contents ,an application under paragraph 7#a7 shall indicate the means by which the eligible entity has met the requirements and purpose of the program under this section1 including by-- 7,a7 establishing1 and making progress toward achieving1 performance targets that exceed the requirements of title #bc1 ,united ,states ,code2 7,b7 using innovative techniques and practices that enhance the effective movement of people1 goods1 and services1 such as technologies that reduce construction time1 improve operational efficiencies1 and extend the service life of highways and bridges2 and 7,c7 employing transportation planning tools and procedures that improve transparency and the development of transportation investment strategies within the jurisdiction of the eligible entity4 7e7 ,evaluation criteria ,in awarding a grant under this section1 the ,secretary shall take into consideration the extent to which the application of the applicable eligible entity under subsection 7d7-- 7#a7 demonstrates performance in meeting the requirements of subsection 7c72 and 7#b7 promotes the national goals described in section #aej7;b7 of title #bc1 ,united ,states ,code4 7f7 ,eligible activities ,amounts made available to carry out this section shall be used for projects eligible for funding under-- 7#a7 title #bc1 ,united ,states ,code2 or 7#b7 chapter #ec of title #di1 ,united ,states ,code4 7g7 ,limitation ,the amount of a grant under this section shall be not more than #ae1jjj1jjj4 7h7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated out of the general fund of the ,treasury to carry out this section #aej1jjj1jjj for each of fiscal years #bjaf through #bjba1 to remain available until expended4 7#b7 ,administrative costs ,the ,secretary shall withhold a reasonable amount of funds made available under paragraph 7#a7 for administration of the program under this section1 not to exceed #c percent of the amount appropriated for each applicable fiscal year4 7i7 ,applicability of requirements ,amounts made available under this section shall be administered as if the funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 #abbjd4 ,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 report 7#a7 ,publicly available report ,not later than #ahj days after the date of enactment of the ,,drive ,act and quarterly thereafter1 the ,secretary shall compile data in accordance with this subsection on the use of ,federal-aid highway program 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 website of the ,department of ,transportation and can be searched and downloaded by users of the website4 7#c7 ,contents of report 7,a7 ,apportioned and allocated programs ,for each fiscal year1 the report shall include comprehensive data for each program1 organized by ,state1 that includes-- 7i7 the total amount of funds available for obligation1 identifying the unobligated balance of funds available at the end of the preceding fiscal year and new funding available for the current fiscal year2 7ii7 the total amount of funding obligated during the current fiscal year2 7iii7 the remaining amount of funds available for obligation2 7iv7 changes in the obligated1 unexpended balance during the current fiscal year1 including the obligated1 unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures2 and 7v7 the percentage of the total amount of obligations for the current fiscal year used for construction and the total amount obligated during the current fiscal year for rehabilitation4 7,b7 ,project data ,to the maximum extent practicable1 the report shall include project-specific data1 including data describing-- 7i7 the specific location of a project2 7ii7 whether the project is located in an area of the ,state with a population of-- 7,i7 less than #e1jjj individuals2 7,,ii7 #e1jjj or more individuals but less than #ej1jjj individuals2 or 7,,iii7 #ej1jjj or more individuals2 7iii7 the total cost of the project2 7iv7 the amount of ,federal funding being used on the project2 7v7 the #a or more programs from which ,federal funds are obligated on the project2 7vi7 the type of improvement being made1 such as categorizing the project as-- 7,i7 a road reconstruction project2 7,,ii7 a new road construction project2 7,,iii7 a new bridge construction project2 7,,iv7 a bridge rehabilitation project2 or 7,v7 a bridge replacement project2 and 7vii7 the ownership of the highway or bridge4 7,c7 ,transfers between programs ,the report shall include a description of the amount of funds transferred between programs by each ,state under section #abf4 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 #abbje4 ,report on highway trust fund administrative expenditures 7a7 ,initial report ,not later than #aej days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report describing the administrative expenses of the ,federal ,highway ,administration funded from the ,highway ,trust ,fund during the #c most recent fiscal years4 7b7 ,updates ,not later than #e years after the date on which the report is submitted under subsection 7a7 and every #e years thereafter1 the ,comptroller ,general shall submit to ,congress a report that updates the information provided in the report under that subsection for the preceding #e-year period4 7c7 ,inclusions ,each report submitted under subsection 7a7 or 7b7 shall include a description of the-- 7#a7 types of administrative expenses of programs and offices funded by the ,highway ,trust ,fund2 7#b7 tracking and monitoring of administrative expenses2 7#c7 controls in place to ensure that funding for administrative expenses is used as efficiently as practicable2 and 7#d7 flexibility of the ,department to reallocate amounts from the ,highway ,trust ,fund between full-time equivalent employees and other functions4 #abbjf4 ,availability of reports 7a7 ,in general ,the ,secretary shall make available to the public on the website of the ,department any report required to be submitted by the ,secretary to ,congress after the date of enactment of this ,act4 7b7 ,deadline ,each report described in subsection 7a7 shall be made available on the website not later than #cj days after the report is submitted to ,congress4 #abbjg4 ,performance period adjustment 7a7 ,national highway performance program ,section #aai of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#g71 by striking for #b consecutive reports submitted under this paragraph shall include in the next report submitted and inserting shall include as part of the performance target report under section #aej7;e72 and 7#b7 in subsection 7f77#a77;,a71 by striking ,if1 during #b consecutive reporting periods1 the condition of the ,interstate ,system1 excluding bridges on the ,interstate ,system1 in a ,state falls and inserting ,if a ,state reports that the condition of the ,interstate ,system1 excluding bridges on the ,interstate ,system1 has fallen4 7b7 ,highway safety improvement program ,section #adh7;i7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking performance targets of the ,state established under section #aej7;d7 by the date that is #b years after the date of the establishment of the performance targets and inserting safety performance targets of the ,state established under section #aej7;d72 and 7#b7 in paragraphs 7#a7 and 7#b71 by inserting safety before performance targets each place it appears4 #abbjh4 ,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 in the matter preceding subparagraph 7,a71 by striking may take into account and inserting shall consider2 and 7ii7 in subparagraph 7,c71 by striking access for and inserting access and safety for2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,c71 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 7#b7 in subsection 7f71 by inserting pedestrian walkways1 after bikeways12 and 7#c7 by adding at the end the following3 7s7 ,safety for motorized and nonmotorized users 7#a7 ,in general ,not later than #b years after the date of the enactment of this subsection1 the ,secretary shall establish standards to ensure that the design of ,federal surface transportation projects provides for the safe and adequate accommodation 7as determined by the ,state or other direct recipient of funds71 in all phases of project planning1 development1 and operation1 of all users of the transportation network1 including motorized and nonmotorized users4 7#b7 ,waiver for ,state law or policy ,the ,secretary may waive the application of standards established under paragraph 7#a7 to a ,state that has adopted a law or policy that provides for the safe and adequate accommodation 7as determined by the ,state or other direct recipient of funds71 in all phases of project planning and development1 of users of the transportation network on federally funded surface transportation projects4 7#c7 ,compliance 7,a7 ,in general ,each ,state department of transportation shall submit a report to the ,secretary1 at such time1 in such manner1 and containing such information as the ,secretary shall require1 that describes measures implemented by the ,state to comply with this subsection4 7,b7 ,determination by secretary ,upon the receipt of a report from a ,state under subparagraph 7,a71 the ,secretary shall determine whether the ,state is in compliance with this section4 4 7b7 ,design standard flexibility ,notwithstanding section #aji7o7 of title #bc1 ,united ,states ,code1 a local jurisdiction may use a roadway design guide that is different from the roadway design guide used by the ,state in which the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction 7other than a highway on the ,interstate ,system7 if-- 7#a7 the local jurisdiction is the project sponsor2 7#b7 the roadway design guide-- 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 ,,iii ,transportation infrastructure finance and innovation act of #aiih amendments #acjja4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments 7a7 ,definitions ,section #fja7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by striking ,in this chapter1 the and inserting ,the2 and 7,b7 by inserting to sections #fja through #fji after apply2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 capitalizing a rural projects fund using the proceeds of a secured loan made to a ,state infrastructure bank in accordance with sections #fjb and #fjc1 for the purpose of making loans to sponsors of rural infrastructure projects in accordance with section #faj4 2 7#c7 in paragraph 7#c71 by striking this chapter and inserting the ,,tifia program2 7#d7 in paragraph 7#aj7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by inserting related before projects2 and 7ii7 by striking 7which shall receive an investment grade rating from a rating agency72 7,b7 in subparagraph 7,a71 by striking subject to the availability of future funds being made available to carry out this chapter2 and inserting 8subject to-- 7i7 the availability of future funds being made available to carry out the ,,tifia program2 and 7ii7 the satisfaction of all of the conditions for the provision of credit assistance under the ,,tifia program1 including section #fjc7;b77#a72 2 and 7,c7 in subparagraph 7,d7-- 7i7 by redesignating clauses 7ii7 and 7iii7 as clauses 7iii7 and 7iv71 respectively2 7ii7 by inserting after clause 7i7 the following3 7ii7 receiving an investment grade rating from a rating agency2 2 7iii7 in clause 7iii7 7as so redesignated71 by striking section #fjb7;c7 and inserting including sections #fjb7;c7 and #fjc7;b77#a72 and 7iv7 in clause 7iv7 7as so redesignated71 by striking this chapter and inserting the ,,tifia program2 7#e7 in paragraph 7#ab7-- 7,a7 in subparagraph 7,d77iv71 by striking the period at the end and inserting 2 and2 and 7,b7 by adding at the end the following3 7,e7 a project to improve or construct public infrastructure that is located within walking distance of1 and accessible to1 a fixed guideway transit facility1 passenger rail station1 intercity bus station1 or intermodal facility1 including a transportation1 public utility1 and capital project described in section #ecjb7c77;,g77v7 of title #di1 and related infrastructure2 7,f7 a project for the acquisition of plant and wildlife habitat pursuant to a conservation plan that-- 7i7 has been approved by the ,secretary of the ,interior pursuant to section #aj of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci72 and 7ii7 as determined by the ,secretary of the ,interior1 would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance under the ,,tifia program2 and 7,g7 the capitalization of a rural projects fund by a ,state infrastructure bank with the proceeds of a secured loan made in accordance with sections #fjb and #fjc1 for the purpose of making loans to sponsors of rural infrastructure projects in accordance with section #faj4 2 7#f7 in paragraph 7#ae71 by striking means and all that follows through the period at the end and inserting means a surface transportation infrastructure project located in an area that is outside of an urbanized area with a population greater than #aej1jjj individuals1 as determined by the ,bureau of the ,census42 7#g7 by redesignating paragraphs 7#af71 7#ag71 7#ah71 7#ai71 and 7#bj7 as paragraphs 7#ag71 7#ah71 7#bj71 7#ba71 and 7#bb71 respectively2 7#h7 by inserting after paragraph 7#ae7 the following3 7#af7 ,rural projects fund ,the term rural projects fund means a fund-- 7,a7 established by a ,state infrastructure bank in accordance with section #faj7;d77#d72 7,b7 capitalized with the proceeds of a secured loan made to the bank in accordance with sections #fjb and #fjc2 and 7,c7 for the purpose of making loans to sponsors of rural infrastructure projects in accordance with section #faj4 2 7#i7 by inserting after paragraph 7#ah7 7as redesignated7 the following3 7#ai7 ,state infrastructure bank ,the term ,state infrastructure bank means an infrastructure bank established under section #faj4 2 and 7#aj7 in paragraph 7#bb7 7as redesignated71 by inserting established under sections #fjb through #fji after ,department4 7b7 ,determination of eligibility and project selection ,section #fjb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking this chapter and inserting the ,,tifia program2 7,b7 in paragraph 7#b77;,a71 by striking this chapter and inserting the ,,tifia program2 7,c7 in paragraph 7#c71 by striking this chapter and inserting the ,,tifia program2 7,d7 in paragraph 7#e7-- 7i7 by striking the heading and inserting ,eligible project cost parameters4--2 7ii7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking subparagraph 7,b71 to be eligible for assistance under this chapter1 a project and inserting subparagraphs 7,b7 and 7,c71 a project under the ,,tifia program2 7,,ii7 by striking clause 7i7 and inserting the following3 7i7 #ej1jjj1jjj2 and 2 and 7,,iii7 in clause 7ii71 by striking assistance2 and 7iii7 in subparagraph 7,b7-- 7,i7 by striking the subparagraph designation and heading and all that follows through ,in the case and inserting the following3 7,b7 ,exceptions 7i7 ,intelligent transportation systems ,in the case 2 and 7,,ii7 by adding at the end the following3 7ii7 ,transit-oriented development projects ,in the case of a project described in section #fja7;a77#ab77;,e71 eligible project costs shall be reasonably anticipated to equal or exceed #aj1jjj1jjj4 7iii7 ,rural projects ,in the case of a rural infrastructure project or a project capitalizing a rural projects fund1 eligible project costs shall be reasonably anticipated to equal or exceed #aj1jjj1jjj1 but not to exceed #ajj1jjj1jjj4 7iv7 ,local infrastructure projects ,eligible project costs shall be reasonably anticipated to equal or exceed #aj1jjj1jjj in the case of projects or programs of projects-- 7,i7 in which the applicant is a local government1 public authority1 or instrumentality of local government2 7,,ii7 located on a facility owned by a local government2 or 7,,iii7 for which the ,secretary determines that a local government is substantially involved in the development of the project4 2 7,e7 in paragraph 7#i71 in the matter preceding subparagraph 7,a71 by striking this chapter and inserting the ,,tifia program2 and 7,f7 in paragraph 7#aj7-- 7i7 by striking ,to be eligible and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 to be eligible 2 7ii7 by striking this chapter each place it appears and inserting the ,,tifia program2 7iii7 by striking not later than and inserting no later than2 and 7iv7 by adding at the end the following3 7,b7 ,rural projects fund ,in the case of a project capitalizing a rural projects fund1 the ,state infrastructure bank shall demonstrate1 not later than #b years after the date on which a secured loan is obligated for the project under the ,,tifia program1 that the bank has executed a loan agreement with a borrower for a rural infrastructure project in accordance with section #faj4 ,after the demonstration is made1 the bank may draw upon the secured loan4 ,at the end of the #b-year period1 to the extent the bank has not used the loan commitment1 the ,secretary may extend the term of the loan or withdraw the loan commitment4 2 7#b7 in subsection 7b71 by striking paragraph 7#b7 and inserting the following3 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 for a fiscal year 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 for which additional funds are available to receive credit assistance4 2 7#c7 in subsection 7c77#a71 in the matter preceding subparagraph 7,a71 by striking this chapter and inserting the ,,tifia program2 and 7#d7 in subsection 7e71 by striking this chapter and inserting the ,,tifia program4 7c7 ,secured loan terms and limitations ,section #fjc7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking ,the amount of and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amount of 2 and 7,b7 by adding at the end the following3 7,b7 ,rural projects fund ,in the case of a project capitalizing a rural projects fund1 the maximum amount of a secured loan made to a ,state infrastructure bank shall be determined in accordance with section #fjb7;a77#e77;,b77iii74 2 7#b7 in paragraph 7#c77;,a77i7-- 7,a7 in subclause 7,,iii71 by striking or at the end2 7,b7 in subclause 7,,iv71 by striking and at the end and inserting or2 and 7,c7 by adding at the end the following3 7,v7 in the case of a secured loan for a project capitalizing a rural projects fund1 any other dedicated revenue sources available to a ,state infrastructure bank1 including repayments from loans made by the bank for rural infrastructure projects2 and 2 7#c7 in paragraph 7#d77;,b7-- 7,a7 in clause 7i71 by striking under this chapter and inserting or a rural projects fund under the ,,tifia program2 and 7,b7 in clause 7ii71 by inserting and rural project funds after rural infrastructure projects2 7#d7 in paragraph 7#e7-- 7,a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting appropriately2 7,b7 in the matter preceding subparagraph 7,a71 by striking ,the final and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 the final 2 and 7,c7 by adding at the end the following3 7,b7 ,rural projects fund ,in the case of a project capitalizing a rural projects fund1 the final maturity date of the secured loan shall not exceed #ce years after the date on which the secured loan is obligated4 2 7#e7 in paragraph 7#h71 by striking this chapter and inserting the ,,tifia program2 and 7#f7 in paragraph 7#i7-- 7,a7 by striking ,the total ,federal assistance provided on a project receiving a loan under this chapter and inserting the following3 7,a7 ,in general ,the total ,federal assistance provided for a project receiving a loan under the ,,tifia program 2 and 7,b7 by adding at the end the following3 7,b7 ,rural projects fund ,a project capitalizing a rural projects fund shall satisfy clause 7i7 through compliance with the ,federal share requirement described in section #faj7;e77#c77;,b74 4 7d7 ,program administration ,section #fje of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking this chapter each place it appears and inserting the ,,tifia program2 and 7#b7 by adding at the end the following3 7f7 ,assistance to small projects 7#a7 ,reservation of funds ,of the funds made available to carry out the ,,tifia program for each fiscal year1 and after the set-aside under section #fjh7;a77#f71 not less than #b1jjj1jjj shall be made available for the ,secretary to use in lieu of fees collected under subsection 7b7 for projects under the ,,tifia program having eligible project costs that are reasonably anticipated not to equal or exceed #ge1jjj1jjj4 7#b7 ,release of funds ,any funds not used under paragraph 7#a7 shall be made available on ,october #a of the following fiscal year to provide credit assistance to any project under the ,,tifia program4 4 7e7 ,state and local permits ,section #fjf of title #bc1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking this chapter and inserting the ,,tifia program4 7f7 ,regulations ,section #fjg of title #bc1 ,united ,states ,code1 is amended by striking this chapter and inserting the ,,tifia program4 7g7 ,funding ,section #fjh of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking this chapter each place it appears and inserting the ,,tifia program2 and 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by inserting of after #ejd7;f72 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by inserting or rural projects funds after rural infrastructure projects2 and 7ii7 in subparagraph 7,b71 by inserting or rural projects funds after rural infrastructure projects2 7,c7 by striking paragraph 7#d7 and redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,d7 in paragraph 7#e7 7as so redesignated71 by striking #j4ej percent and inserting #a4e percent4 7h7 ,reports to ,congress ,section #fji of title #bc1 ,united ,states ,code1 is amended by striking this chapter 7other than section #faj7 each place it appears and inserting the ,,tifia program4 7i7 ,state infrastructure bank program ,section #faj of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#aa7 ,rural infrastructure project ,the term rural infrastructure project has the meaning given the term in section #fja4 7#ab7 ,rural projects fund ,the term rural projects fund has the meaning given the term in section #fja4 2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a71 by striking each of fiscal years and all that follows through the end of subparagraph 7,a7 and inserting each fiscal year under each of paragraphs 7#a71 7#b71 and 7#e7 of section #ajd7;b72 and2 7,b7 in paragraph 7#b71 by striking in each of fiscal years #bjje through #bjji and inserting in each fiscal year2 7,c7 in paragraph 7#c71 by striking in each of fiscal years #bjje through #bjji and inserting in each fiscal year2 7,d7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#e7 through 7#g71 respectively2 7,e7 by inserting after paragraph 7#c7 the following3 7#d7 ,rural projects fund ,subject to subsection 7j71 the ,secretary may permit a ,state entering into a cooperative agreement under this section to establish a ,state infrastructure bank to deposit into the rural projects fund of the bank the proceeds of a secured loan made to the bank in accordance with section #fjb and #fjc4 2 and 7,f7 in paragraph 7#f7 7as redesignated71 by striking section #acc7;d77#c7 and inserting section #acc7;d77#a77;,a77i72 7#c7 by striking subsection 7e7 and inserting the following3 7e7 ,forms of assistance from ,state infrastructure banks 7#a7 ,in general ,a ,state infrastructure bank established under this section may-- 7,a7 with funds deposited into the highway account1 transit account1 or rail account of the bank1 make loans or provide other forms of credit assistance to a public or private entity to carry out a project eligible for assistance under this section2 and 7,b7 with funds deposited into the rural projects fund1 make loans to a public or private entity to carry out a rural infrastructure project4 7#b7 ,subordination of loan ,the amount of a loan or other form of credit assistance provided for a project described in paragraph 7#a7 may be subordinated to any other debt financing for the project4 7#c7 ,maximum amount of assistance ,a ,state infrastructure bank established under this section may-- 7,a7 with funds deposited into the highway account1 transit account1 or rail account1 make loans or provide other forms of credit assistance to a public or private entity in an amount up to #ajj percent of the cost of carrying out a project eligible for assistance under this section2 and 7,b7 with funds deposited into the rural projects fund1 make loans to a public or private entity in an amount not to exceed #hj percent of the cost of carrying out a rural infrastructure project4 7#d7 ,initial assistance ,initial assistance provided with respect to a project from ,federal funds deposited into a ,state infrastructure bank under this section may not be made in the form of a grant4 2 7#d7 in subsection 7g7-- 7,a7 in paragraph 7#a71 by striking each account and inserting the highway account1 the transit account1 and the rail account2 and 7,b7 in paragraph 7#d71 by inserting 1 except that any loan funded from the rural projects fund of the bank shall bear interest at or below the interest rate charged for the ,,tifia loan provided to the bank under section #fjc after feasible2 and 7#e7 in subsection 7k71 by striking ,for each of fiscal years #bjje through #bjji and inserting ,for each fiscal year4 ,,iv ,technical corrections #adjja4 ,technical corrections 7a7 ,section #aja7;a77#bi7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b71 by inserting a comma after disabilities2 and 7#b7 in subparagraph 7,f77i71 by striking #acc7;b77#aa7 and inserting #acc7;b77#ad74 7b7 ,section #aai7;d77#a77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking mobility1 and inserting congestion reduction1 system reliability14 7c7 ,section #abf7;b7 of title #bc1 ,united ,states ,code 7as amended by section #aajad7;b771 is amended by striking #acc7;d7 and inserting #acc7;d77#a77;,a74 7d7 ,section #abg7;a77#c7 of title #bc1 ,united ,states ,code1 is amended by striking #aah7;b77#b7 of this title and inserting #aah7;b74 7e7 ,section #aej7;c77#c77;,b7 of title #bc1 ,united ,states ,code1 is amended by striking the semicolon at the end and inserting a period4 7f7 ,section #aec7;h77#b7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#a7 through 7#c7 and inserting paragraphs 7#a71 7#b71 and 7#d74 7g7 ,section #afc7;f77#b7 of title #bc1 ,united ,states ,code1 is amended by striking #aah7;b77#b7 and inserting #aah7;b74 7h7 ,section #afe7;c77#g7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#b71 7#d71 7#g71 7#h71 7#ad71 and 7#ai7 and inserting paragraphs 7#b71 7#d71 7#f71 7#g71 and 7#ad74 7i7 ,section #bjb7;b77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a77i71 in the matter preceding subclause 7,i71 by inserting 7a77#f71 after subsections2 and 7#b7 in subparagraph 7,c77ii77,,iv71 by striking 7,,iii74 and inserting 7,,iii744 7j7 ,section #bag7;a7 of title #bc1 ,united ,states ,code1 is amended by striking #ajd7;b77#c7 and inserting #ajd7;b77#d74 7k7 ,section #cbg7;a77#b77;,b77iii7 of title #bc1 ,united ,states ,code1 is amended by striking 7#db ,u4,s4,c4 #ac #dcba et seq47 and inserting 7#db ,u4,s4,c4 #dcba et seq474 7l7 ,section #ejd7;a77#d7 of title #bc1 ,united ,states ,code1 is amended by striking #ajd7;b77#c7 and inserting #ajd7;b77#b74 7m7 ,section #eae of title #bc1 ,united ,states ,code1 is amended by striking this chapter each place it appears and inserting sections #eab through #eah4 7n7 ,section #eah7;a7 of title #bc1 ,united ,states ,code1 is amended by inserting a report after ,house of ,representatives4 7o7 ,section #fcjb7;b77#c77;,b77vi77,,iii7 of title #di1 ,united ,states ,code1 is amended by striking #fcaj and inserting #fcji4 7p7 ,section #acja7l77#c7 of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aji-ei7 is amended-- 7#a7 in subparagraph 7,a77i71 by striking complied and inserting compiled2 and 7#b7 in subparagraph 7,b71 by striking paragraph 7#a7 and inserting subparagraph 7,a74 7q7 ,section #ddjg of ,,safetea-,,lu 7,public ,law #aji-ei2 #aai ,stat4 #aggg71 is amended by striking hereby enacted into law and inserting granted4 7r7 ,section #eajja7;a77#a7 of the ,transportation ,research and ,innovative ,technology ,act of #bjab 7#abf ,stat4 #hfd7 is amended by striking sections #ejc7;b71 #ejc7;d71 and #eji and inserting section #ejc7;b74 ,v ,miscellaneous #aejja4 ,appalachian development highway system ,section #aebh of ,,map-#ba 7#dj ,u4,s4,c4 #adeja note2 ,public ,law #aab-ada7 is amended-- 7#a7 by striking #bjba each place it appears and inserting #bjej2 and 7#b7 by striking shall be #ajj percent each place it appears and inserting shall be up to #ajj percent1 as determined by the ,state4 #aejjb4 ,appalachian regional development program 7a7 ,high-speed broadband development initiative 7#a7 ,in general ,subchapter ,i of chapter #ade of subtitle ,,iv of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #adeji4 ,high-speed broadband deployment initiative 7a7 ,in general ,the ,appalachian ,regional ,commission may provide technical assistance1 make grants1 enter into contracts1 or otherwise provide amounts to individuals or entities in the ,appalachian region for projects and activities-- 7#a7 to increase affordable access to broadband networks throughout the ,appalachian region2 7#b7 to conduct research1 analysis1 and training to increase broadband adoption efforts in the ,appalachian region2 7#c7 to provide technology assets1 including computers1 smartboards1 and video projectors to educational systems throughout the ,appalachian region2 7#d7 to increase distance learning opportunities throughout the ,appalachian region2 7#e7 to increase the use of telehealth technologies in the ,appalachian region2 and 7#f7 to promote e-commerce applications in the ,appalachian region4 7b7 ,limitation on available amounts ,of the cost of any activity eligible for a grant under this section-- 7#a7 not more than #ej percent may be provided from amounts appropriated to carry out this section2 and 7#b7 notwithstanding paragraph 7#a7-- 7,a7 in the case of a project to be carried out in a county for which a distressed county designation is in effect under section #adebf1 not more than #hj percent may be provided from amounts appropriated to carry out this section2 and 7,b7 in the case of a project to be carried out in a county for which an at-risk designation is in effect under section #adebf1 not more than #gj percent may be provided from amounts appropriated to carry out this section4 7c7 ,sources of assistance ,subject to subsection 7b71 a grant provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available-- 7#a7 under any other ,federal program2 or 7#b7 from any other source4 7d7 ,federal share ,notwithstanding any provision of law limiting the ,federal share under any other ,federal program1 amounts made available to carry out this section may be used to increase that ,federal share1 as the ,appalachian ,regional ,commission determines to be appropriate4 4 7#b7 ,conforming amendment ,the analysis for chapter #ade of title #dj1 ,united ,states ,code1 is amended by inserting after the item relating to section #adejh the following3 #adeji4 ,high-speed broadband deployment initiative4 4 7b7 ,authorization of appropriations ,section #adgjc of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#e71 by striking fiscal year #bjab and inserting each of fiscal years #bjab through #bjba2 7#b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,high-speed broadband deployment initiative ,of the amounts made available under subsection 7a71 #aj1jjj1jjj shall be used to carry out section #adeji for each of fiscal years #bjaf through #bjba4 4 7c7 ,termination ,section #adgjd of title #dj1 ,united ,states ,code1 is amended by striking #bjab and inserting #bjba4 7d7 ,effective date ,this section and the amendments made by this section take effect on ,october #a1 #bjae4 #aejjc4 ,water infrastructure finance and innovation ,section #cijg7;a7 of title #cc1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#e72 and 7#b7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#e7 and 7#f71 respectively4 #aejjd4 ,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 7a71 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 #aejje4 ,study on performance of bridges 7a7 ,in general ,subject to subsection 7c71 the ,administrator of the ,federal ,highway ,administration 7referred to in this section as the ,administrator7 shall commission the ,transportation ,research ,board of the ,national ,academy of ,sciences to conduct a study on the performance of bridges that received funding under the innovative bridge research and construction program 7referred to in this section 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-ei2 #aai ,stat4 #aadd77 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 the study commissioned under subsection 7a7 not later than #c years after the date of enactment of this ,act4 #aejjf4 ,sport fish restoration and recreational boating safety ,section #d of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;c71 as amended by section #gcajc1 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a7 by striking #bjae and inserting #bjba2 and 7#b7 in subsection 7b77#a77;,a7 by striking #bjae and inserting #bjba4 ,b ,public ,transportation ,,xxi ,federal ,public ,transportation ,act #bajja4 ,short title ,this title may be cited as the ,federal ,public ,transportation ,act of #bjae4 #bajjb4 ,definitions ,section #ecjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,e71 by striking bicycle storage facilities and installing equipment and inserting bicycle storage shelters and parking facilities and the installation of equipment2 7#b7 in paragraph 7#c7-- 7,a7 by striking subparagraph 7,f7 and inserting the following3 7,f7 leasing equipment or a facility for use in public transportation2 2 7,b7 in subparagraph 7,g7-- 7i7 in clause 7iv71 by adding and at the end2 7ii7 in clause 7v71 by striking and at the end2 and 7iii7 by striking clause 7vi72 7,c7 in subparagraph 7,k71 by striking or at the end2 7,d7 in subparagraph 7,l71 by striking the period at the end and inserting a semicolon2 and 7,e7 by adding at the end the following3 7,m7 associated transit improvements2 or 7,n7 technological changes or innovations to modify low or no emission vehicles 7as defined in section #ecci7;c77 or facilities4 2 and 7#c7 by adding at the end the following3 7#bd7 ,value capture ,the term value capture means recovering the increased value to property located near public transportation resulting from investments in public transportation4 4 #bajjc4 ,metropolitan transportation planning ,section #ecjc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by inserting resilient after development of2 7#b7 in subsection 7c77#b71 by striking and bicycle transportation facilities and inserting 1 bicycle transportation facilities1 intermodal facilities that support intercity transportation1 including intercity buses and intercity bus facilities1 and commuter vanpool providers2 7#c7 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#b77;,b74 2 and 7,c7 in paragraph 7#e71 as so redesignated1 by striking paragraph 7#e7 and inserting paragraph 7#f72 7#d7 in subsection 7e77#d77;,b71 by striking subsection 7d77#e7 and inserting subsection 7d77#f72 7#e7 in subsection 7g77#c77;,a71 by inserting natural disaster risk reduction1 after environmental protection12 7#f7 in subsection 7h77#a7-- 7,a7 in subparagraph 7,g71 by striking and at the end2 7,b7 in subparagraph 7,h71 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#g7 in subsection 7i7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77i71 by striking transit and inserting public transportation facilities1 intercity bus facilities2 7ii7 in subparagraph 7,g7-- 7,i7 by striking and provide and inserting 1 provide2 and 7,,ii7 by inserting before the period at the end the following3 1 and reduce vulnerability due to natural disasters of the existing transportation infrastructure2 and 7iii7 in subparagraph 7,h71 by inserting before the period at the end the following3 1 including consideration of the role that intercity buses may play in reducing congestion1 pollution1 and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems1 including systems that are privately owned and operated2 7,b7 in paragraph 7#f77;,a7-- 7i7 by inserting public ports1 before freight shippers2 and 7ii7 by inserting 7including intercity bus operators and commuter vanpool providers7 after private providers of transportation2 and 7,c7 in paragraph 7#h71 by striking paragraph 7#b77;,c7 each place that term appears and inserting paragraph 7#b77;,e72 7#h7 in subsection 7j77#e77;,a71 by striking subsection 7k77#d7 and inserting subsection 7k77#c72 7#i7 in subsection 7k7-- 7,a7 by striking paragraph 7#c72 and 7,b7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively2 7#aj7 in subsection 7l7-- 7,a7 in paragraph 7#a71 by adding a period at the end2 and 7,b7 in paragraph 7#b77;,d71 by striking of less than #bjj1jjj and inserting with a population of #bjj1jjj or less2 7#aa7 by striking subsection 7n72 7#ab7 by redesignating subsections 7o71 7p71 and 7q7 as subsections 7n71 7o71 and 7p71 respectively2 7#ac7 in subsection 7o71 as so redesignated1 by striking set aside under section #ajd7;f7 of title #bc and inserting apportioned under paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b7 of title #bc2 and 7#ad7 by adding at the end the following3 7q7 ,treatment of ,lake ,tahoe ,region 7#a7 ,definition of ,lake ,tahoe region ,in this subsection1 the term ,lake ,tahoe ,region has the meaning given the term region in subsection 7a7 of ,article ,,ii of the ,lake ,tahoe ,regional ,planning ,compact 7,public ,law #if-eea2 #id ,stat4 #cbcd74 7#b7 ,treatment ,for purposes of this title1 the ,lake ,tahoe ,region shall be treated as-- 7,a7 a metropolitan planning organization2 7,b7 a transportation management area under subsection 7k72 and 7,c7 an urbanized area1 which is comprised of-- 7i7 a population of #ade1jjj and #be square miles of land area in the ,state of ,california2 and 7ii7 a population of #fe1jjj and #ab square miles of land area in the ,state of ,nevada4 4 #bajjd4 ,statewide and nonmetropolitan transportation planning 7a7 ,in general ,section #ecjd of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by striking and bicycle transportation facilities and inserting 1 bicycle transportation facilities1 intermodal facilities that support intercity transportation1 including intercity buses and intercity bus facilities1 and commuter vanpool providers2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,g71 by striking and at the end2 7ii7 in subparagraph 7,h71 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,b77ii71 by striking urbanized areas with a population of fewer than #bjj1jjj individuals1 as calculated according to the most recent decennial census1 and and inserting areas2 and 7ii7 in subparagraph 7,c7-- 7,i7 by striking title #bc and inserting this chapter2 and 7,,ii7 by striking urbanized areas with a population of fewer than #bjj1jjj individuals1 as calculated according to the most recent decennial census1 and and inserting areas2 7#c7 in subsection 7e77#a7-- 7,a7 by striking ',in and inserting ,in2 and 7,b7 by striking subsection 7l7 and inserting subsection 7k72 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#b77;,b77i71 by striking subsection 7l7 and inserting subsection 7k72 7,b7 in paragraph 7#c77;,a7-- 7i7 in clause 7i71 by striking subsection 7l7 and inserting subsection 7k72 and 7ii7 in clause 7ii71 by inserting 7including intercity bus operators and commuter vanpool providers7 after private providers of transportation2 7,c7 in paragraph 7#g71 in the matter preceding subparagraph 7,a71 by striking should and inserting shall2 and 7,d7 in paragraph 7#h71 by inserting 1 including consideration of the role that intercity buses may play in reducing congestion1 pollution1 and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems1 including systems that are privately owned and operated before the period at the end2 7#e7 in subsection 7g7-- 7,a7 in paragraph 7#b77;,b77i71 by striking subsection 7l7 and inserting subsection 7k72 7,b7 in paragraph 7#c7-- 7i7 by inserting public ports1 before freight shippers2 and 7ii7 by inserting 7including intercity bus operators7 after private providers of transportation2 and 7,c7 in paragraph 7#f77;,a71 by striking subsection 7l7 and inserting subsection 7k72 7#f7 by striking subsection 7i72 and 7#g7 by redesignating subsections 7j71 7k71 and 7l7 as subsections 7i71 7j71 and 7k71 respectively4 7b7 ,conforming amendment ,section #ecjc7;b77#e7 of title #di1 ,united ,states ,code1 is amended by striking section #ecjd7l7 and inserting section #ecjd7k74 #bajje4 ,urbanized area formula grants ,section #ecjg of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by inserting or general public demand response service before during each place that term appears2 and 7,b7 by adding at the end the following3 7#c7 ,exception to special rule ,notwithstanding paragraph 7#b71 if a public transportation system described in that paragraph executes a written agreement with #a or more other public transportation systems within the urbanized area to allocate funds for the purposes described in that paragraph by a method other than by measuring vehicle revenue hours1 each public transportation system that is a party to the written agreement may follow the terms of the written agreement without regard to measured vehicle revenue hours referred to in that paragraph4 7#d7 ,temporary and targeted assistance 7,a7 ,eligibility ,the ,secretary may make a grant under this section to finance the operating cost of equipment and facilities to a recipient for use in public transportation in an area that the ,secretary determines has-- 7i7 a population of not fewer than #bjj1jjj individuals1 as determined by the ,bureau of the ,census2 and 7ii7 a #c-month unemployment rate1 as reported by the ,bureau of ,labor ,statistics1 that is-- 7,i7 greater than #g percent2 and 7,,ii7 at least #b percentage points greater than the lowest #c-month unemployment rate for the area during the #e-year period preceding the date of the determination4 7,b7 ,award of grant 7i7 ,in general ,except as otherwise provided in this subparagraph1 the ,secretary may make a grant under this paragraph for not more than #b consecutive fiscal years4 7ii7 ,additional year ,if1 at the end of the second fiscal year following the date on which the ,secretary makes a determination under subparagraph 7,a7 with respect to an area1 the ,secretary determines that the #c-month unemployment rate for the area is at least #b percentage points greater than the unemployment rate for the area at the time the ,secretary made the determination under subparagraph 7,a71 the ,secretary may make a grant to a recipient in the area for #a additional consecutive fiscal year4 7iii7 ,exclusion period ,beginning on the last day of the last consecutive fiscal year for which a recipient receives a grant under this paragraph1 the ,secretary may not make a subsequent grant under this paragraph to the recipient for a number of fiscal years equal to the number of consecutive fiscal years in which the recipient received a grant under this paragraph4 7,c7 ,limitation 7i7 ,first fiscal year ,for the first fiscal year following the date on which the ,secretary makes a determination under subparagraph 7,a7 with respect to an area1 not more than #be percent of the amount apportioned to a designated recipient under section #eccf for the fiscal year shall be available for operating assistance for the area4 7ii7 ,second and third fiscal years ,for the second and third fiscal years following the date on which the ,secretary makes a determination under subparagraph 7,a7 with respect to an area1 not more than #bj percent of the amount apportioned to a designated recipient under section #eccf for the fiscal year shall be available for operating assistance for the area4 7,d7 ,period of availability for operating assistance ,operating assistance awarded under this paragraph shall be available for expenditure to a recipient in an area until the end of the second fiscal year following the date on which the ,secretary makes a determination under subparagraph 7,a7 with respect to the area1 after which time any unexpended funds shall be available to the recipient for other eligible activities under this section4 7,e7 ,certification ,the ,secretary may make a grant for operating assistance under this paragraph for a fiscal year only if the recipient certifies that-- 7i7 the recipient will maintain public transportation service levels at or above the current service level1 which shall be demonstrated by providing an equal or greater number of vehicle hours of service in the fiscal year than the number of vehicle hours of service provided in the preceding fiscal year2 7ii7 any non-,federal entity that provides funding to the recipient1 including a ,state or local governmental entity1 will maintain the tax rate or rate of allocations dedicated to public transportation at or above the rate for the preceding fiscal year2 7iii7 the recipient has allocated the maximum amount of funding under this section for preventive maintenance costs eligible as a capital expense necessary to maintain the level and quality of service provided in the preceding fiscal year2 and 7iv7 the recipient will not use funding under this section for new capital assets except as necessary for the existing system to maintain or achieve a state of good repair1 assure safety1 or replace obsolete technology4 2 and 7#b7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,c71 by inserting in a state of good repair after equipment and facilities2 7,b7 in subparagraph 7,j71 by adding and at the end2 7,c7 by striking subparagraph 7,k72 and 7,d7 by redesignating subparagraph 7,l7 as subparagraph 7,k74 #bajjf4 ,fixed guideway capital investment grants 7a7 ,in general ,section #ecji of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c71 by striking and weekend days2 7,b7 in paragraph 7#f7-- 7i7 in subparagraph 7,a71 by inserting 1 small start projects1 after new fixed guideway capital projects2 and 7ii7 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 and 7,c7 in paragraph 7#g7-- 7i7 in subparagraph 7,a71 by striking #ge1jjj1jjj and inserting #ajj1jjj1jjj2 and 7ii7 in subparagraph 7,b71 by striking #bej1jjj1jjj and inserting #cjj1jjj1jjj2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,b71 by striking 1 policies and land use patterns that promote public transportation12 and 7,b7 in paragraph 7#b77;,a7-- 7i7 in clause 7iii71 by adding and at the end2 7ii7 by striking clause 7iv72 and 7iii7 by redesignating clause 7v7 as clause 7iv72 7#c7 in subsection 7g77#b77;,a77i71 by striking 1 the policies and land use patterns that support public transportation12 7#d7 in subsection 7i7-- 7,a7 in paragraph 7#a71 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,a71 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 projects2 2 and 7iii7 in subparagraph 7,f71 by inserting or 7h77#e71 as applicable after subsection 7f72 and 7,c7 in paragraph 7#c71 by striking subparagraph 7,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 and 7#e7 by adding at the end the following3 7p7 ,joint public transportation and intercity passenger rail projects 7#a7 ,in general ,the ,secretary may make grants for new fixed guideway capital projects and core capacity improvement projects that provide both public transportation and intercity passenger rail service4 7#b7 ,eligible costs ,eligible costs for a project under this subsection shall be limited to the net capital costs of the public transportation costs attributable to the project based on projected use of the new segment or expanded capacity of the project corridor1 not including project elements designed to achieve or maintain a state of good repair1 as determined by the ,secretary under paragraph 7#d74 7#c7 ,project justification and local financial commitment ,a project under this subsection shall be evaluated for project justification and local financial commitment under subsections 7d71 7e71 7f71 and 7h71 as applicable to the project1 based on-- 7,a7 the net capital costs of the public transportation costs attributable to the project as determined under paragraph 7#d72 and 7,b7 the share of funds dedicated to the project from sources other than this section included in the unified finance plan for the project4 7#d7 ,calculation of net capital project cost ,the ,secretary shall estimate the net capital costs of a project under this subsection based on-- 7,a7 engineering studies2 7,b7 studies of economic feasibility2 7,c7 the expected use of equipment or facilities2 and 7,d7 the public transportation costs attributable to the project4 7#e7 ,government share of net capital project cost 7,a7 ,government share ,the ,government share shall not exceed #hj percent of the net capital cost attributable to the public transportation costs of a project under this subsection as determined under paragraph 7#d74 7,b7 ,non-government share ,the remainder of the net capital cost attributable to the public transportation costs of a project under this subsection shall be provided from an undistributed cash surplus1 a replacement or depreciation cash fund or reserve1 or new capital4 4 7b7 ,expedited project delivery for capital investment grants pilot program 7#a7 ,definitions ,in this subsection1 the following definitions shall apply3 7,a7 ,applicant ,the term applicant means a ,state or local governmental authority that applies for a grant under this subsection4 7,b7 ,capital project2 fixed guideway2 local governmental authority2 public transportation2 ,state2 state of good repair ,the terms capital project1 fixed guideway1 local governmental authority1 public transportation1 ,state1 and state of good repair have the meanings given those terms in section #ecjb of title #di1 ,united ,states ,code4 7,c7 ,core capacity improvement project ,the term core capacity improvement project-- 7i7 means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than #aj percent2 and 7ii7 may include project elements designed to aid the existing fixed guideway system in making substantial progress towards achieving a state of good repair4 7,d7 ,corridor-based bus rapid transit project ,the term corridor-based bus rapid transit project means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems-- 7i7 including-- 7,i7 defined stations2 7,,ii7 traffic signal priority for public transportation vehicles2 7,,iii7 short headway bidirectional services for a substantial part of weekdays2 and 7,,iv7 any other features the ,secretary may determine support a long-term corridor investment2 and 7ii7 the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods4 7,e7 ,eligible project ,the term eligible project means a new fixed guideway capital project1 a small start project1 or a core capacity improvement project that has not entered into a full funding grant agreement with the ,federal ,transit ,administration before the date of enactment of this ,act4 7,f7 ,fixed guideway bus rapid transit project ,the term fixed guideway bus rapid transit project means a bus capital project-- 7i7 in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods2 7ii7 that represents a substantial investment in a single route in a defined corridor or subarea2 and 7iii7 that includes features that emulate the services provided by rail fixed guideway public transportation systems1 including-- 7,i7 defined stations2 7,,ii7 traffic signal priority for public transportation vehicles2 7,,iii7 short headway bidirectional services for a substantial part of weekdays and weekend days2 and 7,,iv7 any other features the ,secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems4 7,g7 ,new fixed guideway capital project ,the term new fixed guideway capital project means-- 7i7 a fixed guideway project that is a minimum operable segment or extension to an existing fixed guideway system2 or 7ii7 a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system4 7,h7 ,recipient ,the term recipient means a recipient of funding under chapter #ec of title #di1 ,united ,states ,code4 7,i7 ,small start project ,the term small start project means a new fixed guideway capital project1 a fixed guideway bus rapid transit project1 or a corridor-based bus rapid transit project for which-- 7i7 the ,federal assistance provided or to be provided under this subsection is less than #ge1jjj1jjj2 and 7ii7 the total estimated net capital cost is less than #cjj1jjj1jjj4 7#b7 ,general authority ,the ,secretary may make grants under this subsection to ,states and local governmental authorities to assist in financing-- 7,a7 new fixed guideway capital projects or small start projects1 including the acquisition of real property1 the initial acquisition of rolling stock for the system1 the acquisition of rights-of-way1 and relocation1 for projects in the advanced stages of planning and design2 and 7,b7 core capacity improvement projects1 including the acquisition of real property1 the acquisition of rights-of-way1 double tracking1 signalization improvements1 electrification1 expanding system platforms1 acquisition of rolling stock associated with corridor improvements increasing capacity1 construction of infill stations1 and such other capacity improvement projects as the ,secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by not less than #aj percent4 ,core capacity improvement projects do not include elements to improve general station facilities or parking1 or acquisition of rolling stock alone4 7#c7 ,grant requirements 7,a7 ,in general ,the ,secretary may make not more than #aj grants under this subsection for an eligible project if the ,secretary determines that-- 7i7 the eligible project is part of an approved transportation plan required under sections #ecjc and #ecjd of title #di1 ,united ,states ,code2 7ii7 the applicant has1 or will have-- 7,i7 the legal1 financial1 and technical capacity to carry out the eligible project1 including the safety and security aspects of the eligible project2 7,,ii7 satisfactory continuing control over the use of the equipment or facilities2 7,,iii7 the technical and financial capacity to maintain new and existing equipment and facilities2 and 7,,iv7 advisors providing guidance to the applicant on the terms and structure of the project that are independent from investors in the project2 7iii7 the eligible project is supported1 or will be supported1 in part1 through a public-private partnership1 provided such support is determined by local policies1 criteria1 and decisionmaking under section #ecjf7;a7 of title #di1 ,united ,states ,code2 7iv7 the eligible project is justified based on findings presented by the project sponsor to the ,secretary1 including-- 7,i7 mobility improvements attributable to the project2 7,,ii7 environmental benefits associated with the project2 7,,iii7 congestion relief associated with the project2 7,,iv7 economic development effects derived as a result of the project2 and 7,v7 estimated ridership projections2 and 7v7 the eligible project is supported by an acceptable degree of local financial commitment 7including evidence of stable and dependable financing sources74 7,b7 ,certification ,an applicant that has submitted the certifications required under subparagraphs 7,a71 7,b71 7,c71 and 7,h7 of section #ecjg7;c77#a7 of title #di1 ,united ,states ,code1 shall be deemed to have provided sufficient information upon which the ,secretary may make the determinations required under this paragraph4 7,c7 ,technical capacity ,the ,secretary shall use an expedited technical capacity review process for applicants that have recently and successfully completed not less than #a new fixed guideway capital project1 small start project1 or core capacity improvement project1 if-- 7i7 the applicant achieved budget1 cost1 and ridership outcomes for the project that are consistent with or better than projections2 and 7ii7 the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project4 7,d7 ,financial commitment 7i7 ,requirements ,in determining whether an eligible project is supported by an acceptable degree of local financial commitment and shows evidence of stable and dependable financing sources for purposes of subparagraph 7,a77v71 the ,secretary shall require that-- 7,i7 each proposed source of capital and operating financing is stable1 reliable1 and available within the proposed eligible project timetable2 and 7,,ii7 resources are available to recapitalize1 maintain1 and operate the overall existing and proposed public transportation system1 including essential feeder bus and other services necessary1 without degradation to the existing level of public transportation services4 7ii7 ,considerations ,in assessing the stability1 reliability1 and availability of proposed sources of financing under clause 7i71 the ,secretary shall consider-- 7,i7 the reliability of the forecasting methods used to estimate costs and revenues made by the applicant and the contractors to the applicant2 7,,ii7 existing grant commitments2 7,,iii7 the degree to which financing sources are dedicated to the proposed eligible project2 7,,iv7 any debt obligation that exists or is proposed by the applicant1 for the proposed eligible project or other public transportation purpose2 and 7,v7 private contributions to the eligible project1 including cost-effective project delivery1 management or transfer of project risks1 expedited project schedule1 financial partnering1 and other public-private partnership strategies4 7,e7 ,labor standards ,the requirements under section #eccc of title #di1 ,united ,states ,code1 shall apply to each recipient of a grant under this subsection4 7#d7 ,project advancement ,an applicant that desires a grant under this subsection and meets the requirements of paragraph 7#c7 shall submit to the ,secretary1 and the ,secretary shall approve for advancement1 a grant request that contains-- 7,a7 identification of an eligible project2 7,b7 a schedule and finance plan for the construction and operation of the eligible project2 7,c7 an analysis of the efficiencies of the proposed eligible project development and delivery methods and innovative financing arrangement for the eligible project1 including any documents related to the-- 7i7 public-private partnership required under paragraph 7#c77;,a77iii72 and 7ii7 project justification required under paragraph 7#c77;,a77iv72 and 7,d7 a certification that the existing public transportation system of the applicant or1 in the event that the applicant does not operate a public transportation system1 the public transportation system to which the proposed project will be attached1 is in a state of good repair4 7#e7 ,written notice from the ,secretary 7,a7 ,in general ,not later than #abj days after the date on which the ,secretary receives a grant request of an applicant under paragraph 7#d71 the ,secretary shall provide written notice to the applicant-- 7i7 of approval of the grant request2 or 7ii7 if the grant request does not meet the requirements under paragraph 7#d71 of disapproval of the grant request1 including a detailed explanation of the reasons for the disapproval4 7,b7 ,concurrent notice ,the ,secretary shall provide concurrent notice of an approval or disapproval of a grant request under subparagraph 7,a7 to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#f7 ,waiver ,the ,secretary may grant a waiver to an applicant that does not comply with paragraph 7#d77;,d7 if-- 7,a7 the eligible project meets the definition of a core capacity improvement project2 and 7,b7 the ,secretary certifies that the eligible project will allow the applicant to make substantial progress in achieving a state of good repair4 7#g7 ,selection criteria ,the ,secretary may enter into a full funding grant agreement with an applicant under this subsection for an eligible project for which an application has been submitted and approved for advancement by the ,secretary under paragraph 7#d71 only if the applicant has completed the planning and activities required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#h7 ,letters of intent and full funding grant agreements 7,a7 ,letters of intent 7i7 ,amounts intended to be obligated ,the ,secretary may issue a letter of intent to an applicant announcing an intention to obligate1 for an eligible project under this subsection1 an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the ,secretary in the eligible project4 ,when a letter is issued for an eligible project under this subsection1 the amount shall be sufficient to complete at least an operable segment4 7ii7 ,treatment ,the issuance of a letter under clause 7i7 is deemed not to be an obligation under section #aajh7;c71 #aeja1 or #aejb7;a7 of title #ca1 ,united ,states ,code1 or an administrative commitment4 7,b7 ,full funding grant agreements 7i7 ,in general ,except as provided in clause 7v71 an eligible project shall be carried out under this subsection through a full funding grant agreement4 7ii7 ,criteria ,the ,secretary shall enter into a full funding grant agreement1 based the requirements of this subparagraph1 with each applicant receiving assistance for an eligible project that has received a written notice of approval under paragraph 7#e77;,a77i74 7iii7 ,terms ,a full funding grant agreement shall-- 7,i7 establish the terms of participation by the ,federal ,government in the eligible project2 7,,ii7 establish the maximum amount of ,federal financial assistance for the eligible project2 7,,iii7 include the period of time for completing construction of the eligible project1 consistent with the terms of the public-private partnership agreement1 even if that period extends beyond the period of an authorization2 and 7,,iv7 make timely and efficient management of the eligible project easier according to the law of the ,united ,states4 7iv7 ,special financial rules 7,i7 ,in general ,a full funding grant agreement under this subparagraph obligates an amount of available budget authority specified in law and may include a commitment1 contingent on amounts to be specified in law in advance for commitments under this subparagraph1 to obligate an additional amount from future available budget authority specified in law4 7,,ii7 ,statement of contingent commitment ,a full funding grant agreement shall state that the contingent commitment is not an obligation of the ,federal ,government4 7,,iii7 ,interest and other financing costs ,interest and other financing costs of efficiently carrying out a part of the eligible project within a reasonable time are a cost of carrying out the eligible project under a full funding grant agreement1 except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing4 ,the applicant shall certify1 in a way satisfactory to the ,secretary1 that the applicant has shown reasonable diligence in seeking the most favorable financing terms4 7,,iv7 ,completion of operable segment ,the amount stipulated in an agreement under this subparagraph for a new fixed guideway capital project1 core capacity improvement project1 or small start project shall be sufficient to complete at least an operable segment4 7v7 ,exception 7,i7 ,in general ,the ,secretary1 to the maximum extent practicable1 shall provide ,federal assistance under this subsection for a small start project in a single grant4 ,if the ,secretary cannot provide such a single grant1 the ,secretary may execute an expedited grant agreement in order to include a commitment on the part of the ,secretary to provide funding for the project in future fiscal years4 7,,ii7 ,terms of expedited grant agreements ,in executing an expedited grant agreement under this clause1 the ,secretary may include in the agreement terms similar to those established under clause 7iii74 7,c7 ,limitation on amounts 7i7 ,in general ,the ,secretary may enter into full funding grant agreements under this paragraph for eligible projects that contain contingent commitments to incur obligations in such amounts as the ,secretary determines are appropriate4 7ii7 ,appropriation required ,an obligation may be made under this paragraph only when amounts are appropriated for obligation4 7,d7 ,notification to ,congress 7i7 ,in general ,not later than #cj days before the date on which the ,secretary issues a letter of intent or enters into a full funding grant agreement for an eligible project under this paragraph1 the ,secretary shall notify1 in writing1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives of the proposed letter of intent or full funding grant agreement4 7ii7 ,contents ,the written notification under clause 7i7 shall include a copy of the proposed letter of intent or full funding grant agreement for the eligible project4 7#i7 ,government share of net capital project cost 7,a7 ,in general ,a grant for an eligible project shall not exceed #be percent of the net capital project cost4 7,b7 ,remainder of net capital project cost ,the remainder of the net capital project cost shall be provided from an undistributed cash surplus1 a replacement or depreciation cash fund or reserve1 or new capital4 7,c7 ,limitation on statutory construction ,nothing in this subsection shall be construed as authorizing the ,secretary to require a non-,federal financial commitment for a project that is more than #ge percent of the net capital project cost4 7,d7 ,special rule for rolling stock costs ,in addition to amounts allowed pursuant to subparagraph 7,a71 a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant satisfies the ,secretary that only amounts other than amounts provided by the ,federal ,government were used and that the purchase was made for use on the extension4 ,a refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the ,federal ,government is made at the same time4 7,e7 ,failure to carry out project ,if an applicant does not carry out an eligible project for reasons within the control of the applicant1 the applicant shall repay all ,federal funds awarded for the eligible project from all ,federal funding sources1 for all eligible project activities1 facilities1 and equipment1 plus reasonable interest and penalty charges allowable by law4 7,f7 ,crediting of funds received ,any funds received by the ,federal ,government under this paragraph1 other than interest and penalty charges1 shall be credited to the appropriation account from which the funds were originally derived4 7#aj7 ,availability of amounts 7,a7 ,in general ,an amount made available for an eligible project shall remain available to that eligible project for #e fiscal years1 including the fiscal year in which the amount is made available4 ,any amounts that are unobligated to the eligible project at the end of the #e-;fiscal-year period may be used by the ,secretary for any purpose under this subsection4 7,b7 ,use of deobligated amounts ,an amount available under this subsection that is deobligated may be used for any purpose under this subsection4 7#aa7 ,annual report on expedited project delivery for capital investment grants ,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 ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives a report that includes a proposed amount to be available to finance grants for anticipated projects under this subsection4 7#ab7 ,before and after study and report 7,a7 ,study required ,each recipient shall conduct a study that-- 7i7 describes and analyzes the impacts of the eligible project on public transportation services and public transportation ridership2 7ii7 describes and analyzes the consistency of predicted and actual benefits and costs of the innovative project development and delivery methods or innovative financing for the eligible project2 and 7iii7 identifies reasons for any differences between predicted and actual outcomes for the eligible project4 7,b7 ,submission of report ,not later than #b years after an eligible project that is selected under this subsection begins revenue operations1 the recipient shall submit to the ,secretary a report on the results of the study conducted under subparagraph 7,a74 7#ac7 ,rule of construction ,nothing in this subsection shall be construed to-- 7,a7 require the privatization of the operation or maintenance of any project for which an applicant seeks funding under this subsection2 7,b7 revise the determinations by local policies1 criteria1 and decisionmaking under section #ecjf7;a7 of title #di1 ,united ,states ,code2 7,c7 alter the requirements for locally developed1 coordinated1 and implemented transportation plans under sections #ecjc and #ecjd of title #di1 ,united ,states ,code2 or 7,d7 alter the eligibilities or priorities for assistance under this subsection or section #ecji of title #di1 ,united ,states ,code4 #bajjg4 ,mobility of seniors and individuals with disabilities 7a7 ,coordination of public transportation services with other federally assisted local transportation services 7#a7 ,definitions ,in this subsection-- 7,a7 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 requirements2 and 7,b7 the term ,council means the ,interagency ,transportation ,coordinating ,council on ,access and ,mobility established under ,executive ,order #acccj 7#di ,u4,s4,c4 #aja note74 7#b7 ,coordinating ,council on ,access and ,mobility strategic plan ,not later than #b years 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 non-emergency 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 #acccj1 including-- 7i7 a cost-sharing policy endorsed by the ,council2 and 7ii7 recommendations to increase participation by recipients of ,federal grants in locally developed1 coordinated planning processes2 and 7,d7 to the extent feasible1 addresses recommendations by the ,comptroller ,general of the ,united ,states concerning local coordination of transportation services4 7#c7 ,development of cost-sharing policy in compliance with applicable ,federal requirements ,in establishing the cost-sharing policy required under paragraph 7#b71 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 non-emergency medical transportation1 to use the cost-sharing policy in a manner that does not violate applicable ,federal requirements2 and 7,b7 optional 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-- 7i7 eligibility requirements2 7ii7 service delivery requirements2 and 7iii7 reimbursement requirements4 7b7 ,pilot program for innovative coordinated access and mobility 7#a7 ,definitions ,in this subsection-- 7,a7 the term eligible project has the meaning given the term capital project in section #ecjb of title #di1 ,united ,states ,code2 and 7,b7 the term eligible recipient means a recipient or subrecipient1 as those terms are defined in section #ecaj of title #di1 ,united ,states ,code4 7#b7 ,general authority ,the ,secretary may make grants under this subsection to eligible recipients to assist in financing innovative projects for the transportation disadvantaged that improve the coordination of transportation services and non-emergency medical transportation services1 including-- 7,a7 the deployment of coordination technology2 7,b7 projects that create or increase access to community ,one-,call_/,one-,click ,centers2 and 7,c7 such other projects as determined by the ,secretary4 7#c7 ,application ,an eligible recipient shall submit to the ,secretary an application that1 at a minimum1 contains-- 7,a7 a detailed description of the eligible project2 7,b7 an identification of all eligible project partners and their specific role in the eligible project1 including-- 7i7 private entities engaged in the coordination of non-emergency medical transportation services for the transportation disadvantaged2 or 7ii7 nonprofit entities engaged in the coordination of non-emergency medical transportation services for the transportation disadvantaged2 7,c7 a description of how the eligible project would-- 7i7 improve local coordination or access to coordinated transportation services2 7ii7 reduce duplication of service1 if applicable2 and 7iii7 provide innovative solutions in the ,state or community2 and 7,d7 specific performance measures the eligible project will use to quantify actual outcomes against expected outcomes4 7#d7 ,government share of costs 7,a7 ,in general ,the ,government share of the cost of an eligible project carried out under this subsection shall not exceed #hj percent4 7,b7 ,non-,government share ,the non-,government share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions4 7#e7 ,rule of ,construction ,for purposes of this subsection1 non-emergency medical transportation services shall be limited to services eligible under ,federal programs other than programs authorized under chapter #ec of title #di1 ,united ,states ,code4 7c7 ,technical correction ,section #ecaj7;a7 of title #di1 ,united ,states ,code1 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,recipient ,the term recipient means-- 7,a7 a designated recipient or a ,state that receives a grant under this section directly2 or 7,b7 a ,state or local governmental entity that operates a public transportation service4 4 #bajjh4 ,formula grants for rural areas ,section #ecaa of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#a71 as amended by division ,g1 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 #e1jjj1jjj for each fiscal year shall be distributed on a competitive basis by the ,secretary4 7,b7 #cj1jjj1jjj for each fiscal year shall be apportioned as formula grants1 as provided in subsection 7j74 2 and 7#b7 in subsection 7j77#a7-- 7,a7 in subparagraph 7,a77iii71 by striking 7as defined by the ,bureau of the ,census7 and inserting 7,american ,indian ,areas1 ,alaska ,native ,areas1 and ,hawaiian ,home ,lands1 as defined by the ,bureau of the ,census72 and 7,b7 by adding at the end the following3 7,e7 ,allocation between multiple ,indian tribes ,if more than #a ,indian tribe provides public transportation service on tribal lands in a single ,tribal ,statistical ,area1 and the ,indian tribes do not determine how to allocate the funds apportioned under clause 7iii7 of subparagraph 7,a7 between the ,indian tribes1 the ,secretary shall allocate the funds such that each ,indian tribe shall receive an amount equal to the total amount apportioned under such clause 7iii7 multiplied by the ratio of the number of annual unlinked passenger trips provided by each ,indian tribe1 as reported to the ,national ,transit ,database1 to the total unlinked passenger trips provided by all the ,indian tribes in the ,tribal ,statistical ,area4 4 #bajji4 ,research1 development1 demonstration1 and deployment program 7a7 ,in general ,section #ecab of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking projects and inserting program2 7#b7 in subsection 7a71 in the subsection heading1 by striking ,projects and inserting ,program2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#c7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting demonstration1 deployment1 or evaluation before project that2 7ii7 in subparagraph 7,a71 by striking and at the end2 7iii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7iv7 by adding at the end the following3 7,c7 the deployment of low or no emission vehicles1 zero emission vehicles1 or associated advanced technology4 2 and 7,b7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,prohibition ,the ,secretary may not make grants under this subsection for the demonstration1 deployment1 or evaluation of a vehicle that is in revenue service unless the ,secretary determines that the project makes significant technological advancements in the vehicle4 7#f7 ,definitions ,in this subsection-- 7,a7 the term direct carbon emissions means the quantity of direct greenhouse gas emissions from a vehicle1 as determined by the ,administrator of the ,environmental ,protection ,agency2 7,b7 the term low or no emission vehicle means-- 7i7 a passenger vehicle used to provide public transportation that the ,secretary determines sufficiently reduces energy consumption or harmful emissions1 including direct carbon emissions1 when compared to a comparable standard vehicle2 or 7ii7 a zero emission vehicle used to provide public transportation2 and 7,c7 the term zero emission vehicle means a low or no emission vehicle that produces no carbon or particulate matter4 2 7#d7 by redesignating subsections 7e7 and 7f7 as subsections 7f7 and 7g71 respectively2 7#e7 by inserting after subsection 7d7 the following3 7e7 ,low or no emission vehicle component assessment 7#a7 ,definitions ,in this subsection-- 7,a7 the term covered institution of higher education means an institution of higher education with which the ,secretary enters into a contract or cooperative agreement1 or to which the ,secretary makes a grant1 under paragraph 7#b77;,b7 to operate a facility designated under paragraph 7#b77;,a72 7,b7 the terms direct carbon emissions and low or no emission vehicle have the meanings given those terms in subsection 7d77#f72 7,c7 the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb72 and 7,d7 the term low or no emission vehicle component means an item that is separately installed in and removable from a low or no emission vehicle4 7#b7 ,assessing low or no emission vehicle components 7,a7 ,in general ,the ,secretary shall designate not more than #b facilities to conduct testing1 evaluation1 and analysis of low or no emission vehicle components intended for use in low or no emission vehicles4 7,b7 ,operation and maintenance 7i7 ,in general ,the ,secretary shall enter into a contract or cooperative agreement with1 or make a grant to1 not more than #b institutions of higher education to each operate and maintain a facility designated under subparagraph 7,a74 7ii7 ,requirements ,an institution of higher education described in clause 7i7 shall have-- 7,i7 previous experience with transportation-related advanced component and vehicle evaluation2 7,,ii7 laboratories capable of testing and evaluation2 7,,iii7 direct access to or a partnership with a testing facility capable of emulating real-world circumstances in order to test low or no emission vehicle components installed on the intended vehicle2 7,,iv7 extensive knowledge of public-private partnerships in the transportation sector1 with emphasis on development and evaluation of materials1 products1 and components2 7,v7 the ability to reduce costs to partners by leveraging existing programs to provide complementary research1 development1 testing1 and evaluation2 and 7,,vi7 the means to conduct performance assessments on low or no emission vehicle components based on industry standards4 7,c7 ,fees ,a covered institution of higher education shall establish and collect fees1 which shall be approved by the ,secretary1 for the assessment of low or no emission components at the applicable facility designated under subparagraph 7,a74 7,d7 ,availability of amounts to pay for assessment ,the ,secretary shall enter into a contract or cooperative agreement with1 or make a grant to1 each covered institution of higher education under which-- 7i7 the ,secretary shall pay #ej percent of the cost of assessing a low or no emission vehicle component at the applicable facility designated under subparagraph 7,a7 from amounts made available to carry out this section2 and 7ii7 the remaining #ej percent of such cost shall be paid from amounts recovered through the fees established and collected pursuant to subparagraph 7,c74 7,e7 ,voluntary testing ,a manufacturer of a low or no emission vehicle component is not required to assess the low or no emission vehicle component at a facility designated under subparagraph 7,a74 7,f7 ,compliance with section #ecah ,notwithstanding whether a low or no emission vehicle component is assessed at a facility designated under subparagraph 7,a71 each new bus model shall comply with the requirements under section #ecah4 7,g7 ,separate facility ,each facility designated under subparagraph 7,a7 shall be separate and distinct from the facility operated and maintained under section #ecah4 7#c7 ,low or no emission vehicle component performance reports ,not later than #b years after the date of enactment of the ,federal ,public ,transportation ,act of #bjae1 and annually thereafter1 the ,secretary shall issue a report on low or no emission vehicle component assessments conducted at each facility designated under paragraph 7#b77;,a71 which shall include information related to the maintainability1 reliability1 performance1 structural integrity1 efficiency1 and noise of those low or no emission vehicle components4 7#d7 ,public availability of assessments ,each assessment conducted at a facility designated under paragraph 7#b77;,a7 shall be made publically available1 including to affected industries4 7#e7 ,rule of construction ,nothing in this subsection shall be construed to require-- 7,a7 a low or no emission vehicle component to be tested at a facility designated under paragraph 7#b77;,a72 or 7,b7 the development or disclosure of a privately funded component assessment4 2 7#f7 in subsection 7f71 as so redesignated-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 a list of any projects that returned negative results in the preceding fiscal year and an analysis of such results2 and 2 and 7,d7 in paragraph 7#d71 as so redesignated1 by inserting before the period at the end the following3 based on projects in the pipeline1 ongoing projects1 and anticipated research efforts necessary to advance certain projects to a subsequent research phase2 and 7#g7 by adding at the end the following3 7h7 ,cooperative research program 7#a7 ,in general ,the ,secretary shall establish-- 7,a7 a public transportation cooperative research program under this subsection2 and 7,b7 an independent governing board for the program1 which shall recommend public transportation research1 development1 and technology transfer activities the ,secretary considers appropriate4 7#b7 ,federal assistance ,the ,secretary may make grants to1 and cooperative agreements with1 the ,national ,academy of ,sciences to carry out activities under this subsection that the ,secretary determines appropriate4 7#c7 ,government share ,if there would be a clear and direct financial benefit to an entity under a grant or contract financed under this section1 the ,secretary shall establish a ,government share consistent with that benefit4 4 7b7 ,technical and conforming amendments 7#a7 ,title #di ,chapter #ec of title #di1 ,united ,states ,code1 is amended by striking section #ecac4 7#b7 ,table of sections amendment ,the table of sections for chapter #ec of title #di1 ,united ,states ,code1 is amended by striking the items relating to sections #ecab and #ecac and inserting the following3 #ecab4 ,research1 development1 demonstration1 and deployment program4#ecac4 ,repealed4 4 #bajaj4 ,private sector participation 7a7 ,in general ,section #ecae of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,rule of construction ,nothing in this section shall be construed to alter-- 7#a7 the eligibilities1 requirements1 or priority for assistance provided under this chapter2 or 7#b7 the requirements of section #ecjf7;a74 4 7b7 ,,map-#ba technical correction ,section #bjjac7;d7 of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada2 #abf ,stat4 #fid7 is amended by striking #ecjg7;c7 and inserting #ecjg7;b74 #bajaa4 ,innovative procurement 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after section #ecae the following3 #ecaf4 ,innovative procurement 7a7 ,definition ,in this section1 the term grantee means a recipient or subrecipient of assistance under this chapter4 7b7 ,cooperative procurement 7#a7 ,definitions2 general rules 7,a7 ,definitions ,in this subsection-- 7i7 the term cooperative procurement contract means a contract-- 7,i7 entered into between a ,state government or eligible nonprofit and #a or more vendors2 and 7,,ii7 under which the vendors agree to provide an option to purchase rolling stock and related equipment to multiple participants2 7ii7 the term eligible nonprofit entity means-- 7,i7 a nonprofit entity that is not a grantee2 or 7,,ii7 a consortium of entities described in subclause 7,i72 7iii7 the terms lead nonprofit entity and lead procurement agency mean an eligible nonprofit entity or a ,state government1 respectively1 that acts in an administrative capacity on behalf of each participant in a cooperative procurement contract2 7iv7 the term participant means a grantee that participates in a cooperative procurement contract2 and 7v7 the term participate means to purchase rolling stock and related equipment under a cooperative procurement contract using assistance provided under this chapter4 7,b7 ,general rules 7i7 ,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 7ii7 ,voluntary participation ,participation by grantees in a cooperative procurement contract shall be voluntary4 7iii7 ,contract terms ,the lead procurement agency or lead nonprofit entity for a cooperative procurement contract shall develop the terms of the contract4 7iv7 ,duration ,a cooperative procurement contract-- 7,i7 subject to subclauses 7,,ii7 and 7,,iii71 may be for an initial term of not more than #b years2 7,,ii7 may include not more than #c optional extensions for terms of not more than #a year each2 and 7,,iii7 may be in effect for a total period of not more than #e years1 including each extension authorized under subclause 7,,ii74 7v7 ,administrative expenses ,a lead procurement agency or lead nonprofit entity1 as applicable1 that enters into a cooperative procurement contract-- 7,i7 may charge the participants in the contract for the cost of administering1 planning1 and providing technical assistance for the contract in an amount that is not more than #a percent of the total value of the contract2 and 7,,ii7 with respect to the cost described in subclause 7,i71 may incorporate the cost into the price of the contract or directly charge the participants for the cost1 but not both4 7#b7 ,state cooperative procurement schedules 7,a7 ,authority ,a ,state government may enter into a cooperative procurement contract with #a or more vendors if-- 7i7 the vendors agree to provide an option to purchase rolling stock and related equipment to the ,state government and any other participant2 and 7ii7 the ,state government acts throughout the term of the contract as the lead procurement agency4 7,b7 ,applicability of policies and procedures ,in procuring rolling stock and related equipment under a cooperative procurement contract under this subsection1 a ,state government 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 7#c7 ,pilot program for nonprofit cooperative procurements 7,a7 ,establishment ,the ,secretary shall establish and carry out a pilot program to demonstrate the effectiveness of cooperative procurement contracts administered by nonprofit entities4 7,b7 ,designation ,in carrying out the program under this paragraph1 the ,secretary shall designate not less than #a eligible nonprofit entity to enter into a cooperative procurement contract under which the nonprofit entity acts throughout the term of the contract as the lead nonprofit entity4 7,c7 ,number of entities ,the ,secretary may designate not more than #c geographically diverse eligible nonprofit entities under subparagraph 7,b74 7,d7 ,notice of intent to participate ,at a time determined appropriate by the lead nonprofit entity1 each participant in a cooperative procurement contract under this paragraph shall submit to the lead nonprofit entity a nonbinding notice of intent to participate4 7c7 ,leasing arrangements 7#a7 ,capital lease defined 7,a7 ,in general ,in this subsection1 the term capital lease means any agreement under which a grantee acquires the right to use rolling stock or related equipment for a specified period of time1 in exchange for a periodic payment4 7,b7 ,maintenance ,a capital lease may require that the lessor provide maintenance of the rolling stock or related equipment covered by the lease4 7#b7 ,program to support innovative leasing arrangements 7,a7 ,authority ,a grantee may use assistance provided under this chapter to enter into a capital lease if-- 7i7 the rolling stock or related equipment covered under the lease is eligible for capital assistance under this chapter2 and 7ii7 there is or will be no ,federal interest in the rolling stock or related equipment covered under the lease as of the date on which the lease takes effect4 7,b7 ,grantee requirements ,a grantee that enters into a capital lease shall-- 7i7 maintain an inventory of the rolling stock or related equipment acquired under the lease2 and 7ii7 maintain on the accounting records of the grantee the liability of the grantee under the lease4 7,c7 ,eligible lease costs ,the costs for which a grantee may use assistance under this chapter1 with respect to a capital lease1 include-- 7i7 the cost of the rolling stock or related equipment2 7ii7 associated financing costs1 including interest1 legal fees1 and financial advisor fees2 7iii7 ancillary costs such as delivery and installation charges2 and 7iv7 maintenance costs4 7,d7 ,terms ,a grantee shall negotiate the terms of any lease agreement that the grantee enters into4 7,e7 ,applicability of procurement requirements 7i7 ,lease requirements ,part #fci of title #di1 ,code of ,federal ,regulations1 or any successor regulation1 and implementing guidance applicable to leasing shall not apply to a capital lease4 7ii7 ,buy ,america ,the requirements under section #ecbc7;j7 shall apply to a capital lease4 7#c7 ,incentive program for capital leasing of rolling stock 7,a7 ,authority ,the ,secretary shall carry out an incentive program for capital leasing of rolling stock 7referred to in this paragraph as the program74 7,b7 ,selection of participants 7i7 ,in general ,the ,secretary shall select not less than #f grantees to participate in the program1 which shall be-- 7,i7 geographically diverse2 and 7,,ii7 evenly distributed among grantees in accordance with clause 7ii74 7ii7 ,population size ,in selecting an even distribution of grantees under clause 7i77,,ii71 the ,secretary shall select not less than-- 7,i7 #b grantees that serve rural areas2 7,,ii7 #b grantees that serve urbanized areas with a population of fewer than #bjj1jjj individuals1 as determined by the ,bureau of the ,census2 and 7,,iii7 #b grantees that serve urbanized areas with a population of #bjj1jjj or more individuals1 as determined by the ,bureau of the ,census4 7iii7 ,waiver ,the ,secretary may waive a requirement under clause 7ii7 if an insufficient number of eligible grantees of a particular population size apply to participate in the program4 7,c7 ,participant requirements 7i7 ,in general ,a grantee that participates in the program shall-- 7,i7 enter into a capital lease for a period of not less than #e years2 and 7,,ii7 replace not less than #a_/d of the grantee's fleet through the capital lease4 7ii7 ,vehicle requirements ,the vehicles replaced under clause 7i77,,ii71 with respect to the fleet as constituted on the day before the date on which the capital lease is entered into1 shall-- 7,i7 be the oldest vehicles in the fleet2 or 7,,ii7 produce the highest quantity of direct greenhouse gas emissions relative to the other vehicles in the fleet1 as determined by the ,administrator of the ,environmental ,protection ,agency4 7iii7 ,waiver of ,federal interest requirements ,if a grantee participating in the program seeks to replace vehicles that have a remaining ,federal interest1 the ,secretary shall-- 7,i7 evaluate the economic and environmental benefits of waiving the ,federal interest1 as demonstrated by the grantee2 7,,ii7 if the grantee demonstrates a net economic or environmental benefit1 grant an early disposition of the vehicles2 and 7,,iii7 publish each evaluation and final determination of the ,secretary under this clause in a conspicuous location on the website of the ,federal ,transit ,administration4 7,d7 ,participant benefit ,during the period during which a capital lease described in subparagraph 7,c77i77,i71 entered into by a grantee participating in the program1 is in effect1 the limit on the ,government share of operating expenses under subsection 7d77#b7 of section #ecjg1 subsection 7d77#b7 of section #ecaj1 or subsection 7g77#b7 of section #ecaa shall not apply with respect to any grant awarded to the grantee under the applicable section4 7,e7 ,reporting requirement ,not later than #c years after the date on which a grantee enters into a capital lease under the program1 the grantee shall submit to the ,secretary a report that contains-- 7i7 an evaluation of the overall costs and benefits of leasing rolling stock2 7ii7 a cost comparison of leasing versus buying rolling stock2 7iii7 a comparison of the expected short-term and long-term maintenance costs of leasing versus buying rolling stock2 and 7iv7 a projected budget showing the changes in overall operating and capital expenses due to the capital lease that the grantee entered into under the program4 7#d7 ,incentive program for capital leasing of certain zero emission vehicle components 7,a7 ,definitions ,in this paragraph-- 7i7 the term removable power source-- 7,i7 means a power source that is separately installed in1 and removable from1 a zero emission vehicle2 and 7,,ii7 may include a battery1 a fuel cell1 an ultra-capacitor1 or other advanced power source used in a zero emission vehicle2 and 7ii7 the term zero emission vehicle has the meaning given the term in section #ecci7;c74 7,b7 ,leased power sources ,notwithstanding any other provision of law1 for purposes of this subsection1 the cost of a removable power source that is necessary for the operation of a zero emission vehicle shall not be treated as part of the cost of the vehicle if the removable power source is acquired using a capital lease4 7,c7 ,eligible capital lease ,a grantee may acquire a removable power source by itself through a capital lease4 4 7b7 ,technical and conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ecae the following3 #ecaf4 ,innovative procurement4 4 7#b7 ,conforming amendment ,section #ecbe7;e77#b7 of title #di1 ,united ,states ,code1 is amended by inserting after this subsection the following3 1 section #ecaf14 #bajab4 ,human resources and training ,section #ecbb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 in the paragraph heading1 by striking ,program established and inserting ,in general2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,programs ,a program eligible for assistance under subsection 7a7 shall-- 7,a7 provide skills training1 on-the-job training1 and work-based learning2 7,b7 offer career pathways that support the movement from initial or short-term employment opportunities to sustainable careers2 7,c7 address current or projected workforce shortages2 7,d7 replicate successful workforce development models2 or 7,e7 respond to such other workforce needs as the ,secretary determines appropriate4 2 7,d7 in paragraph 7#c71 as so redesignated-- 7i7 in subparagraph 7,g71 by striking and at the end2 7ii7 in subparagraph 7,h71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,i7 give priority to minorities1 women1 individuals with disabilities1 veterans1 low-income populations1 and other underserved populations4 2 and 7,e7 by adding at the end the following3 7#d7 ,coordination ,a recipient of assistance under this subsection shall-- 7,a7 identify the workforce needs and commensurate training needs at the local level 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 university transportation centers1 community colleges1 and community-based organizations representing minorities1 women1 disabled individuals1 veterans1 and low-income populations2 and 7,b7 to the extent practicable1 conduct local training programs in coordination with existing local training programs supported by the ,secretary1 the ,department of ,labor 7including registered apprenticeship programs71 and the ,department of ,education4 7#e7 ,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-- 7,a7 the impact on reducing public transportation workforce shortages in the area served2 7,b7 the diversity of training participants2 7,c7 the number of participants obtaining certifications or credentials required for specific types of employment2 7,d7 employment outcomes1 including job placement1 job retention1 and wages1 using performance metrics established in consultation with the ,secretary and the ,secretary of ,labor and consistent with metrics used by programs under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq472 and 7,e7 to the extent practical1 evidence that the program did not preclude workers who are participating in skills training1 on-the-job training1 and work-based learning from being referred to1 or hired on1 projects funded under this chapter without regard to the length of time of their participation in the program4 2 and 7#b7 in subsection 7d71 by striking paragraph 7#d7 and inserting the following3 7#d7 ,use for technical assistance ,the ,secretary may use not more than #a percent of the amounts made available to carry out this section to provide technical assistance for activities and programs developed1 conducted1 and overseen under this subsection4 7#e7 ,availability of amounts 7,a7 ,in general ,not more than #j4e percent of the amounts made available to a recipient under sections #ecjg1 #eccg1 and #ecci is available for expenditure by the recipient1 with the approval of the ,secretary1 to pay not more than #hj percent of the cost of eligible activities under this subsection4 7,b7 ,existing programs ,a recipient may use amounts made available under paragraph 7,a7 to carry out existing local education and training programs for public transportation employees supported by the ,secretary1 the ,department of ,labor1 or the ,department of ,education4 4 #bajac4 ,general provisions ,section #ecbc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7j7-- 7,a7 in paragraph 7#b71 by striking subparagraph 7,c7 and inserting the following3 7,c7 when procuring rolling stock 7including train control1 communication1 and traction power equipment1 and rolling stock prototypes7 under this chapter-- 7i7 the cost of components and subcomponents produced in the ,united ,states-- 7,i7 for fiscal 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 7,b7 by redesignating paragraphs 7#e7 through 7#i7 as paragraphs 7#g7 through 7#aa71 respectively2 7,c7 by inserting after paragraph 7#d7 the following3 7#e7 ,rolling stock frames or car shells ,in carrying out paragraph 7#b77;,c7 in the case of a rolling stock procurement receiving assistance under this chapter in which the average cost of a rolling stock vehicle in the procurement is more than #cjj1jjj1 if rolling stock frames or car shells are not produced in the ,united ,states1 the ,secretary shall include in the calculation of the domestic content of the rolling stock the cost of steel or iron used in the rolling stock frames or car shells if-- 7,a7 all manufacturing processes for the steel or iron occur in the ,united ,states2 and 7,b7 the amount of steel or iron used in the rolling stock frames or car shells is significant4 7#f7 ,certification of domestic supply and disclosure 7,a7 ,certification of domestic supply ,if the ,secretary denies an application for a waiver under paragraph 7#b71 the ,secretary shall provide to the applicant a written certification that-- 7i7 the steel1 iron1 or manufactured goods1 as applicable1 7referred to in this subparagraph as the item7 is produced in the ,united ,states in a sufficient and reasonably available amount2 7ii7 the item produced in the ,united ,states is of a satisfactory quality2 and 7iii7 includes a list of known manufacturers in the ,united ,states from which the item can be obtained4 7,b7 ,disclosure ,the ,secretary shall disclose the waiver denial and the written certification to the public in an easily identifiable location on the website of the ,department of ,transportation4 2 7,d7 in paragraph 7#h71 as so redesignated1 by striking ,federal ,public ,transportation ,act of #bjab and inserting ,federal ,public ,transportation ,act of #bjae2 and 7,e7 by inserting after paragraph 7#aa71 as so redesignated1 the following3 7#ab7 ,production in ,united ,states ,for purposes of this subsection1 steel and iron may be considered produced in the ,united ,states if all the manufacturing processes1 except metallurgical processes involving refinement of steel additives1 took place in the ,united ,states4 7#ac7 ,definition of small purchase ,for purposes of determining whether a purchase qualifies for a general public interest waiver under paragraph 7#b77;,a7 of this subsection1 including under any regulation promulgated under that paragraph1 the term small purchase means a purchase of not more than #aej1jjj4 2 7#b7 in subsection 7q77#a71 by striking the second sentence2 and 7#c7 by adding at the end the following3 7s7 ,value capture revenue eligible for local share ,notwithstanding any other provision of law1 a recipient of assistance under this chapter may use the revenue generated from value capture financing mechanisms as local matching funds for capital projects and operating costs eligible under this chapter4 7t7 ,value engineering ,nothing in this chapter shall be construed to authorize the ,secretary to mandate the use of value engineering in projects funded under this chapter4 4 #bajad4 ,project management oversight ,section #ecbg of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c71 by striking section #ecch7;i7 and inserting section #ecch7;h72 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by striking section #ecch7;i7 and inserting section #ecch7;h72 and 7ii7 by striking and at the end2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 a requirement that oversight-- 7,a7 begin during the project development phase of a project1 unless the ,secretary finds it more appropriate to begin the oversight during another phase of the project1 to maximize the transportation benefits and cost savings associated with project management oversight2 and 7,b7 be limited to quarterly reviews of compliance by the recipient with the project management plan approved under subsection 7b7 unless the ,secretary finds that the recipient requires more frequent oversight because the recipient has1 for #b consecutive quarterly reviews1 failed to meet the requirements of such plan and the project is at risk of going over budget or becoming behind schedule2 and 7#c7 a process for recipients that the ,secretary has found require more frequent oversight to return to quarterly reviews for purposes of paragraph 7#b77;,b74 4 #bajae4 ,public transportation safety program 7a7 ,in general ,section #ecbi of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in subparagraph 7,c71 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 and 7,,iv7 any additional information that the ,secretary determines necessary and appropriate2 and 2 7#b7 in subsection 7f77#b71 by inserting after public transportation system of a recipient the following3 or the public transportation industry generally2 and 7#c7 in subsection 7g77#a71 in the matter preceding subparagraph 7,a71 by striking an eligible ,state1 as defined in subsection 7e71 and inserting a recipient4 7b7 ,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 commence a review of the safety standards and protocols used in rail fixed guideway 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 with local emergency responders having jurisdiction over a rail fixed guideway public transportation system1 including-- 7aa7 emergency preparedness training1 drills1 and familiarization programs for those 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 vehicle safety standards1 practices1 or protocols in use by public transportation systems1 concerning-- 7,i7 bus design and the workstation of bus operators1 as it relates to-- 7aa7 the reduction of blindspots that contribute to accidents involving pedestrians2 and 7bb7 protecting bus operators from the risk of assault2 and 7,,ii7 scheduling fixed route bus service with adequate time and access for operators to use restroom facilities4 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 ,federal minimum public transportation safety standards1 including-- 7,a7 standards governing worker safety2 7,b7 standards for the operation of signals1 track1 on-track equipment1 mechanical systems1 and control systems2 and 7,c7 any other areas the ,secretary1 in consultation with the public transportation industry1 determines require further evaluation4 7#c7 ,report ,upon completing the review and evaluation required under paragraphs 7#a7 and 7#b71 respectively1 and not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,transportation and ,infrastructure of the of ,house of ,representatives 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 legislative changes where applicable2 and 7,d7 actions that the ,secretary will take to address the recommendations provided under subparagraph 7,c71 including1 if necessary1 the establishment of ,federal minimum public transportation safety standards4 #bajaf4 ,state of good repair grants ,section #eccg of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,of the amount authorized or made available for a fiscal year under section #ecch7;a77#b77,l7-- 7,a7 #ajj1jjj1jjj shall be made available in accordance with this subsection2 and 7,b7 #ig4ae percent of the remainder shall be apportioned to recipients in accordance with this subsection4 2 and 7,b7 in paragraph 7#b77;,b71 by inserting the provisions of before section #eccf7;b77#a72 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#b71 by striking section #ecch7;a77#b77;,i71 #b4he percent and inserting section #ecch7;a77#b77,l71 the remainder after the application of subsection 7c77#a72 and 7,b7 by adding at the end the following3 7#e7 ,use of funds ,amounts apportioned under this subsection may be used for any project that is an eligible project under subsection 7b77#a74 2 and 7#c7 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 costs shall be provided from an undistributed cash surplus1 a replacement or depreciation cash fund or reserve1 or new capital4 4 #bajag4 ,authorizations ,section #ecch of title #di1 ,united ,states ,code1 as amended by division ,g1 is amended to read as follows3 #ecch4 ,authorizations 7a7 ,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 #ecab1 #ecad1 #ecah1 #ecbb7;b71 #ecbb7;d71 #ecce1 #eccg1 #ecci1 and #ecdj1 section #bjjje7;b7 of the ,federal ,public ,transportation ,act of #bjab1 and section #bajjg7;b7 of the ,federal ,public ,transportation ,act of #bjae-- 7,a7 #i1ahd1gdg1djj for fiscal year #bjaf2 7,b7 #i1chj1jci1cdi for fiscal year #bjag2 7,c7 #i1fhe1gde1gdd for fiscal year #bjah2 7,d7 #aj1aja1jea1bch for fiscal year #bjai2 7,e7 #aj1cea1gfc1hjf for fiscal year #bjbj2 and 7,f7 #aj1fji1ddb1eec for fiscal year #bjba4 7#b7 ,allocation of funds ,of the amounts made available under paragraph 7#a7-- 7,a7 #acb1jbj1jjj for fiscal year #bjaf1 #acd1icd1cdb for fiscal year #bjag1 #ach1jjd1jih for fiscal year #bjah1 #ada1cbh1faf for fiscal year #bjai1 #add1hic1fca for fiscal year #bjbj1 and #adh1eeg1gja for fiscal year #bjba shall be available to carry out section #ecje2 7,b7 #aj1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #bjjje7;b7 of the ,federal ,public ,transportation ,act of #bjab2 7,c7 #d1ech1ije1gjj for fiscal year #bjaf1 #d1fci1ajb1jdc for fiscal year #bjag1 #d1gid1fda1fae for fiscal year #bjah1 #d1ige1hgi1aeh for fiscal year #bjai1 #e1aja1cie1gaj for fiscal year #bjbj1 and #e1bcj1cii1hjd for fiscal year #bjba shall be allocated in accordance with section #eccf to provide financial assistance for urbanized areas under section #ecjg2 7,d7 #bfc1dff1jjj for fiscal year #bjaf1 #bfi1bhb1jab for fiscal year #bjag1 #bge1djh1agh for fiscal year #bjah1 #bhh1bfd1bib for fiscal year #bjai1 #bie1ece1gei for fiscal year #bjbj1 and #cjc1jji1bfg for fiscal year #bjba shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section #ecaj2 7,e7 #b1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available for the pilot program for innovative coordinated access and mobility under section #bajjg7;b7 of the ,federal ,public ,transportation ,act of #bjae2 7,f7 #fai1ief1jjj for fiscal year #bjaf1 #fcc1fda1ebi for fiscal year #bjag1 #fdh1jef1hgc for fiscal year #bjah1 #fgh1cjh1caa for fiscal year #bjai1 #fie1dah1fch for fiscal year #bjbj1 and #gac1jjd1che for fiscal year #bjba shall be available to provide financial assistance for rural areas under section #ecaa1 of which not less than-- 7i7 #ce1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #ecaa7;c77#a72 and 7ii7 #bj1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #ecaa7;c77#b72 7,g7 #cj1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #ecab1 of which-- 7i7 #e1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #ecab7;e72 and 7ii7 #e1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #ecab7;h72 7,h7 #d1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #ecad2 7,i7 #c1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available for bus testing under section #ecah2 7,j7 #e1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available for the national transit institute under section #ecbb7;d72 7,k7 #d1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #ecce2 7,l7 #b1dbh1cdb1ejj for fiscal year #bjaf1 #b1dgi1gdj1ffa for fiscal year #bjag1 #b1ecc1hgi1gfa for fiscal year #bjah1 #b1eib1eaa1ibd for fiscal year #bjai1 #b1fee1che1ecg for fiscal year #bjbj1 and #b1gbj1jjf1abg for fiscal year #bjba shall be available to carry out section #eccg2 7,m7 #dcj1gid1fjj for fiscal year #bjaf1 #ddj1cjd1cia for fiscal year #bjag1 #die1cba1caf for fiscal year #bjah1 #ehe1hea1dih for fiscal year #bjai1 #fje1dbb1ceb for fiscal year #bjbj1 and #fbe1ecf1iic for fiscal year #bjba shall be available for the bus and bus facilities program under section #ecci7;a72 7,n7 #ahj1jjj1jjj for each of fiscal years #bjaf and #bjag1 #ahe1jjj1jjj for fiscal year #bjah1 and #aij1jjj1jjj for each of fiscal years #bjai through #bjba shall be available for bus and bus facilities competitive grants under section #ecci7;b7 and no or low emission grants under section #ecci7;c71 of which #ee1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #ecci7;c72 7,o7 #ecc1bfb1fjj for fiscal year #bjaf1 #ede1jcd1cgb for fiscal year #bjag1 #eeg1dcc1ijd for fiscal year #bjah1 #ehf1ijg1dch for fiscal year #bjai1 #fja1gab1agh for fiscal year #bjbj1 and #faf1ibh1bgf for fiscal year #bjba shall be allocated in accordance with section #ecdj to provide financial assistance for urbanized areas under section #ecjg and rural areas under section #ecaa2 and 7,p7 #d1jjj1jjj for each of fiscal years #bjai through #bjba shall be available to carry out section #ecbb7;b74 7b7 ,research1 development1 demonstration1 and deployment program ,there are authorized to be appropriated to carry out section #ecab1 other than subsections 7e7 and 7h7 of that section1 #bj1jjj1jjj for each of fiscal years #bjaf through #bjba4 7c7 ,technical assistance and standards development ,there are authorized to be appropriated to carry out section #ecad1 #g1jjj1jjj for each of fiscal years #bjaf through #bjba4 7d7 ,human resources and training ,there are authorized to be appropriated to carry out subsections 7a71 7b71 7c71 and 7e7 of section #ecbb1 #e1jjj1jjj for each of fiscal years #bjaf through #bjba4 7e7 ,emergency relief program ,there are authorized to be appropriated such sums as are necessary to carry out section #ecbd4 7f7 ,capital investment grants ,there are authorized to be appropriated to carry out section #ecji of this title and section #bajjf7;b7 of the ,federal ,public ,transportation ,act of #bjae1 #b1cja1ghe1gfj for fiscal year #bjaf1 #b1ceb1eig1fha for fiscal year #bjag1 #b1djf1aai1bgh for fiscal year #bjah1 #b1dfd1jhb1fia for fiscal year #bjai1 #b1ebf1bci1agg for fiscal year #bjbj1 and #b1eij1abb1gac for fiscal year #bjba1 of which #bgf1bad1bia for fiscal year #bjaf1 #bhb1caa1gbb for fiscal year #bjag1 #bhh1gcd1cac for fiscal year #bjah1 #bie1fhi1ibc for fiscal year #bjai1 #cjc1adh1gja for fiscal year #bjbj1 and #caj1had1gbf for fiscal year #bjba shall be available to carry out section #bajjf7;b7 of the ,federal ,public ,transportation ,act of #bjae4 7g7 ,administration 7#a7 ,in general ,there are authorized to be appropriated to carry out section #eccd1 #aae1jaf1edc for fiscal year #bjaf1 #aag1eee1ecc for fiscal year #bjag1 #abj1bbi1iba for fiscal year #bjah1 #abc1abf1bfj for fiscal year #bjai1 #abf1bcb1abj for fiscal year #bjbj1 and #abi1dbd1bgh for fiscal year #bjba4 7#b7 ,section #ecbi ,of the amounts authorized to be appropriated under paragraph 7#a71 not less than #h1jjj1jjj 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#b71 not less than #b1jjj1jjj for each of fiscal years #bjaf through #bjba shall be available to carry out section #ecbf4 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 #abf ,stat4 #difh74 7,e7 #j4e percent of amounts made available to carry out section #ecaj4 7,f7 #j4e percent of amounts made available to carry out section #ecaa4 7,g7 #a percent of amounts made available to carry out section #eccg1 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 made available to the ,secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement4 7i7 ,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 7j7 ,availability of amounts ,amounts made available by or appropriated under this section shall remain available until expended4 4 #bajah4 ,grants for bus and bus facilities 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 as amended by division ,g1 is amended by striking section #ecci and inserting the following3 #ecci4 ,grants for bus and bus facilities 7a7 ,formula grants 7#a7 ,definitions ,in this subsection-- 7,a7 the term low or no emission vehicle has the meaning given that term in subsection 7c77#a72 7,b7 the term ,state means a ,state of the ,united ,states2 and 7,c7 the term territory means the ,district of ,columbia1 ,puerto ,rico1 the ,northern ,mariana ,islands1 ,guam1 ,american ,samoa1 and the ,united ,states ,virgin ,islands4 7#b7 ,general authority ,the ,secretary may make grants under this subsection to assist eligible recipients described in paragraph 7#d77;,a7 in financing capital projects-- 7,a7 to replace1 rehabilitate1 and purchase buses and related equipment1 including technological changes or innovations to modify low or no emissions vehicles or facilities2 and 7,b7 to construct bus-related facilities4 7#c7 ,grant requirements ,the requirements of-- 7,a7 section #ecjg shall apply to recipients of grants made in urbanized areas under this subsection2 and 7,b7 section #ecaa shall apply to recipients of grants made in rural areas under this subsection4 7#d7 ,eligible recipients and subrecipients 7,a7 ,recipients ,eligible recipients under this subsection are-- 7i7 designated recipients that allocate funds to fixed route bus operators2 or 7ii7 ,state or local governmental entities that operate fixed route bus service4 7,b7 ,subrecipients ,a recipient that receives a grant under this subsection may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation4 7#e7 ,distribution of grant funds ,funds allocated under section #ecch7;a77#b77,m7 shall be distributed as follows3 7,a7 ,national distribution #ajc1jjj1jjj for each of fiscal years #bjaf through #bjba shall be allocated to all ,states and territories1 with each ,state receiving #b1jjj1jjj for each such fiscal year and each territory receiving #ejj1jjj for each such fiscal year4 7,b7 ,distribution using population and service factors ,the remainder of the funds not otherwise distributed under subparagraph 7,a7 shall be allocated pursuant to the formula set forth in section #eccf other than subsection 7b74 7#f7 ,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 paragraph 7#e77;,a7 to supplement amounts apportioned to the ,state under section #ecaa7;c7 of this title or amounts apportioned to urbanized areas under subsections 7a7 and 7c7 of section #eccf of this title4 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#e77;,b7 that are not allocated to designated recipients in urbanized areas with a population of #bjj1jjj or more4 7#g7 ,government share of costs 7,a7 ,capital projects ,a grant for a capital project under this subsection shall be for #hj percent of the net capital costs of the project4 ,a recipient of a grant under this subsection 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 7iv7 from amounts received under a service agreement with a ,state or local social service agency or private social service organization2 or 7v7 from revenues generated from value capture financing mechanisms4 7#h7 ,period of availability to recipients ,amounts made available under this subsection may be obligated by a recipient for #c fiscal years after the fiscal year in which the amount is apportioned4 ,not later than #cj days after the end of the #c-;fiscal-year period described in the preceding sentence1 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 7b7 ,bus and bus facilities competitive grants 7#a7 ,in general ,the ,secretary may make grants under this subsection to designated recipients to assist in the financing of bus and bus facilities capital projects1 including-- 7,a7 replacing1 rehabilitating1 purchasing1 or leasing buses or related equipment2 and 7,b7 rehabilitating1 purchasing1 constructing1 or leasing bus-related facilities4 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 facilities4 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 the ,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 ,rural projects ,not less #aj percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects in rural areas4 7#f7 ,grant requirements 7,a7 ,in general ,a grant under this subsection shall be subject to the requirements of-- 7i7 section #ecjg for recipients of grants made in urbanized areas2 and 7ii7 section #ecaa for recipients of grants made in rural areas4 7,b7 ,government share of costs ,the ,government share of the cost of an eligible project carried out under this subsection shall not exceed #hj percent4 7#g7 ,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 that remain unobligated at the end of the period described in subparagraph 7,a7 shall be added to the amount made available to an eligible project in the following fiscal year4 7#h7 ,limitation ,of the amounts made available under this subsection1 not more than #ae percent may be awarded to a single grantee4 7c7 ,low or no emission grants 7#a7 ,definitions ,in this subsection-- 7,a7 the term direct carbon emissions means the quantity of direct greenhouse gas emissions from a vehicle1 as determined by the ,administrator of the ,environmental ,protection ,agency2 7,b7 the term eligible project means a project or program of projects in an eligible area for-- 7i7 acquiring low or no emission vehicles2 7ii7 leasing low or no emission vehicles2 7iii7 acquiring low or no emission vehicles with a leased power source2 7iv7 constructing facilities and related equipment for low or no emission vehicles2 7v7 leasing facilities and related equipment for low or no emission vehicles2 7vi7 constructing new public transportation facilities to accommodate low or no emission vehicles2 or 7vii7 rehabilitating or improving existing public transportation facilities to accommodate low or no emission vehicles2 7,c7 the term leased power source means a removable power source1 as defined in paragraph 7#d77;,a7 of section #ecaf7;c71 that is made available through a capital lease under that section2 7,d7 the term low or no emission bus means a bus that is a low or no emission vehicle2 7,e7 the term low or no emission vehicle means-- 7i7 a passenger vehicle used to provide public transportation that the ,secretary determines sufficiently reduces energy consumption or harmful emissions1 including direct carbon emissions1 when compared to a comparable standard vehicle2 or 7ii7 a zero emission vehicle used to provide public transportation2 7,f7 the term recipient means a designated recipient1 a local governmental authority1 or a ,state that receives a grant under this subsection for an eligible project2 and 7,g7 the term zero emission vehicle means a low or no emission vehicle that produces no carbon or particulate matter4 7#b7 ,general authority ,the ,secretary may make grants to recipients to finance eligible projects under this subsection4 7#c7 ,grant requirements 7,a7 ,in general ,a grant under this subsection shall be subject to the requirements of section #ecjg4 7,b7 ,government share of costs for certain projects ,section #ecbc7;i7 applies to eligible projects carried out under this subsection1 unless the recipient requests a lower grant percentage4 7,c7 ,combination of funding sources 7i7 ,combination permitted ,an eligible project carried out under this subsection may receive funding under section #ecjg or any other provision of law4 7ii7 ,government share ,nothing in this subparagraph shall be construed to alter the ,government share required under paragraph 7#g71 section #ecjg1 or any other provision of law4 7#d7 ,competitive process ,the ,secretary shall-- 7,a7 not later than #cj days after the date on which amounts are made available for obligation under this subsection for a full fiscal year1 solicit grant applications for eligible projects on a competitive basis2 and 7,b7 award a grant under this subsection based on the solicitation under subparagraph 7,a7 not later than the earlier of-- 7i7 #ge days after the date on which the solicitation expires2 or 7ii7 the end of the fiscal year in which the ,secretary solicited the grant applications4 7#e7 ,consideration ,in awarding grants under this subsection1 the ,secretary shall only consider eligible projects relating to the acquisition or leasing of low or no emission buses that-- 7,a7 make greater reductions in energy consumption and harmful emissions1 including direct carbon emissions1 than comparable standard buses or other low or no emission buses2 and 7,b7 are part of a long-term integrated fleet management plan for the recipient4 7#f7 ,availability of funds ,any amounts made available to carry out this subsection-- 7,a7 shall remain available to an eligible project for #b fiscal years after the fiscal year for which the amount is made available2 and 7,b7 that remain unobligated at the end of the period described in subparagraph 7,a7 shall be added to the amount made available to an eligible project in the following fiscal year4 7#g7 ,government share of costs 7,a7 ,in general ,the ,federal share of the cost of an eligible project carried out under this subsection shall not exceed #hj percent4 7,b7 ,non-,federal share ,the non-,federal share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #ec of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #ecci and inserting the following3 #ecci4 ,grants for bus and bus facilities4 4 #bajai4 ,salary of ,federal ,transit ,administrator 7a7 ,in general ,section #ecac of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,federal ,transit ,administrator4 4 7b7 ,conforming amendment ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,federal ,transit ,administrator44 7c7 ,effective date ,the amendments made by this section shall take effect on the first day of the first pay period beginning on or after the first day of the first fiscal year beginning after the date of enactment of this ,act4 #bajbj4 ,technical and conforming amendments 7a7 ,chapter #ec of title #di1 ,united ,states ,code 7#a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended-- 7,a7 by striking section #ecai2 7,b7 in section #ecbe-- 7i7 in subsection 7e77#b71 by striking at least two2 and 7ii7 in subsection 7h71 by striking ,federal ,public ,transportation ,act of #bjab and inserting ,federal ,public ,transportation ,act of #bjae2 7,c7 in section #eccf-- 7i7 in subsection 7a71 by striking subsection 7h77#d7 and inserting subsection 7h77#e72 and 7ii7 in subsection 7h71 as amended by division ,g-- 7,i7 by striking paragraph 7#a7 and inserting the following3 7#a7 #cj1jjj1jjj for each fiscal year shall be set aside to carry out section #ecjg7;h72 2 and 7,,ii7 in paragraph 7#c71 by striking #a4e percent and inserting #b percent2 and 7,d7 in section #ecdj7;b71 by striking section #ecch7;b77#b77,m7 and inserting section #ecch7;a77#b77,o74 7#b7 ,table of sections ,the table of sections for chapter #ec of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #ecai and inserting the following3 #ecai4 ,repealed4 4 7b7 ,chapter #aje of title #di1 ,united ,states ,code ,section #ajeja7;c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a77i71 by striking section #ecjb7;a7 and inserting section #ecjb2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking mass transportation and inserting public transportation2 and 7ii7 by striking section #ecjb7;a7 and inserting section #ecjb2 and 7#b7 in paragraph 7#b77;,a71 by striking mass transportation and inserting public transportation4 ,c ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae #cajja4 ,short title ,this division may be cited as the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae4 #cajjb4 ,references to title #di1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this division an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 #cajjc4 ,effective date ,subtitle ,a of title ,,xxxii1 sections #ccajc1 #cdaja7;g71 #cdaje1 #cdajf1 #cdajg1 #cdacc1 #cdada1 #cdbjb1 #cdbjc1 #cdbjd1 #cdbje1 #cdbjf1 #cdbjg1 #cdbjh1 #cdbaa1 #cdbab1 #cdbac1 #cdbad1 #cdbae1 subtitles ,c and ,d of title ,,xxxiv1 and title ,,xxxv take effect on the date of enactment of this ,act4 ,,xxxi ,office of the ,secretary ,a ,accelerating project delivery #caaja4 ,delegation of authority 7a7 ,in general ,chapter #a is amended by adding at the end the following3 #aaf4 ,administrations2 acting officers ,no person designated to serve as the acting head of an administration in the department of transportation under section #ccde of title #e may continue to perform the functions and duties of the office if the time limitations in section #ccdf of that title would prevent the person from continuing to serve in a formal acting capacity4 4 7b7 ,conforming amendment ,the table of contents for chapter #a is amended by inserting after the item relating to section #aae the following3 #aaf4 ,administrations2 acting officers4 4 7c7 ,application ,the amendment under subsection 7a7 shall apply to any applicable office with a position designated for a ,senate confirmed official4 #caajb4 ,infrastructure ,permitting ,improvement ,center 7a7 ,in general ,subchapter ,i of chapter #c1 as amended by sections #caajd and #caajf of this ,act1 is further amended by adding after section #caa the following3 #cab4 ,interagency ,infrastructure ,permitting ,improvement ,center 7a7 ,in general ,there is established in the ,office of the ,secretary an ,interagency ,infrastructure ,permitting ,improvement ,center 7referred to in this section as the ,center74 7b7 ,roles and responsibilities 7#a7 ,governance ,the ,center shall report to the chair of the ,steering ,committee described in paragraph 7#b7 to ensure that the perspectives of all member agencies are represented4 7#b7 ,infrastructure permitting steering committee ,an ,infrastructure ,permitting ,steering ,committee 7referred to in this section as the ,steering ,committee7 is established to oversee the work of the ,center4 ,the ,steering ,committee shall be chaired by the ,federal ,chief ,performance ,officer in consultation with the ,chair of the ,council on ,environmental ,quality and shall be comprised of ,deputy-level representatives from the following departments and agencies3 7,a7 ,the ,department of ,defense4 7,b7 ,the ,department of the ,interior4 7,c7 ,the ,department of ,agriculture4 7,d7 ,the ,department of ,commerce4 7,e7 ,the ,department of ,transportation4 7,f7 ,the ,department of ,energy4 7,g7 ,the ,department of ,homeland ,security4 7,h7 ,the ,environmental ,protection ,agency4 7,i7 ,the ,advisory ,council on ,historic ,preservation4 7,j7 ,the ,department of the ,army4 7,k7 ,the ,department of ,housing and ,urban ,development4 7,l7 ,other agencies the ,chair of the ,steering ,committee invites to participate4 7#c7 ,activities ,the ,center shall support the ,chair of the ,steering ,committee and undertake the following3 7,a7 ,coordinate and support implementation of priority reform actions for ,federal agency permitting and reviews for areas as defined and identified by the ,steering ,committee4 7,b7 ,support modernization efforts at ,federal agencies and interagency pilots for innovative approaches to the permitting and review of infrastructure projects4 7,c7 ,provide technical assistance and training to field and headquarters staff of ,federal agencies on policy changes1 innovative approaches to project delivery1 and other topics as appropriate4 7,d7 ,identify1 develop1 and track metrics for timeliness of permit reviews1 permit decisions1 and project outcomes4 7,e7 ,administer and expand the use of online transparency tools providing for-- 7i7 tracking and reporting of metrics2 7ii7 development and posting of schedules for permit reviews and permit decisions2 and 7iii7 sharing of best practices related to efficient project permitting and reviews4 7,f7 ,provide reporting to the ,president on progress toward achieving greater efficiency in permitting decisions and review of infrastructure projects and progress toward achieving better outcomes for communities and the environment4 7,g7 ,meet not less frequently than annually with groups or individuals representing ,state1 ,tribal1 and local governments that are engaged in the infrastructure permitting process4 7#d7 ,infrastructure sectors covered ,the ,center shall support process improvements in the permitting and review of infrastructure projects in the following sectors3 7,a7 ,surface transportation4 7,b7 ,aviation4 7,c7 ,ports and waterways4 7,d7 ,water resource projects4 7,e7 ,renewable energy generation4 7,f7 ,electricity transmission4 7,g7 ,broadband4 7,h7 ,pipelines4 7,i7 ,other sectors1 as determined by the ,steering ,committee4 7c7 ,performance measures 7#a7 ,in general ,not later than #a year after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary1 in coordination with the heads of other ,federal agencies on the ,steering ,committee with responsibility for the review and approval of infrastructure projects sectors described in subsection 7b77#d71 shall evaluate and report on-- 7,a7 the progress made toward aligning ,federal reviews of such projects and the improvement of project delivery associated with those projects2 and 7,b7 the effectiveness of the ,center in achieving reduction of permitting time and project delivery time4 7#b7 ,performance targets ,not later than #ahj days after the date on which the ,secretary of ,transportation establishes performance measures in accordance with paragraph 7#a71 the ,secretary shall establish performance targets relating to each of the measures and standards described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7#c7 ,report to ,congress ,not later than #b years after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae and biennially thereafter1 the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7,a7 the results of the evaluation conducted under paragraph 7#a72 and 7,b7 the progress towards achieving the targets established under paragraph 7#b74 7#d7 ,inspector general report ,not later than #c years after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,inspector ,general of the ,department of ,transportation shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7,a7 the results of the evaluation conducted under paragraph 7#a72 and 7,b7 the progress towards achieving the targets established under paragraph 7#b74 4 7b7 ,conforming amendment ,the table of contents of chapter #c1 as amended by sections #caajd and #caajf of this ,act1 is further amended by inserting after the item relating to section #caa the following3 #cab4 ,interagency ,infrastructure ,permitting ,improvement ,center4 4 #caajc4 ,accelerated decision-making in environmental reviews 7a7 ,in general ,subchapter ,i of chapter #c is amended by inserting after section #cjd the following3 #cjd;a4 ,accelerated decision-making in environmental reviews 7a7 ,in general ,in preparing a final environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 if the ,department of ,transportation1 when acting as lead agency1 modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional ,departmental response1 the ,department may write on errata sheets attached to the statement instead of rewriting the draft statement1 subject to the condition that the errata sheets-- 7#a7 cite the sources1 authorities1 or reasons that support the position of the ,department2 and 7#b7 if appropriate1 indicate the circumstances that would trigger ,departmental reappraisal or further response4 7b7 ,incorporation ,to the maximum extent practicable1 the ,department shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision1 unless-- 7#a7 the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns2 or 7#b7 there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action4 4 7b7 ,conforming amendment ,the table of contents of chapter #c is amended by inserting after the item relating to section #cjd the following3 #cjd;a4 ,accelerated decision-making in environmental reviews4 4 #caajd4 ,environmental review alignment and reform 7a7 ,in general ,subchapter ,i of chapter #c 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 the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,department of ,transportation1 in coordination with the ,steering ,committee described in section #cab of this title1 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 seq47 7referred to in this section as ,,nepa74 ,the coordinated and concurrent environmental review and permitting process shall-- 7#a7 ensure that the ,department of ,transportation and ,federal agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project's purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely upon for concurrent environmental reviews and permitting decisions required for the proposed project2 7#b7 achieve early concurrence or issue resolution during the ,,nepa scoping process on the ,department of ,transportation's statement of a project's purpose and need and during development of the environmental impact statement on the range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely upon for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction's legal obligations2 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 legal obligations4 7b7 ,environmental checklist ,the ,secretary of ,transportation and ,federal agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects1 not later than #ij days after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 shall jointly develop a checklist to help project sponsors identify potential natural1 cultural1 and historic resources in the area of a proposed project4 ,the purpose of the checklist is-- 7#a7 to identify agencies of jurisdiction and cooperating agencies1 7#b7 to develop the information needed for the purpose and need and alternatives for analysis2 and 7#c7 to improve interagency collaboration to help expedite the permitting process for the lead agency and ,federal agencies of jurisdiction4 7c7 ,interagency collaboration ,consistent with ,federal environmental statutes and the priority reform actions for ,federal agency permitting and reviews defined and identified by the ,steering ,committee established under section #cab1 the ,secretary shall facilitate annual interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management4 ,this engagement shall ensure agency staff is fully engaged and utilizing the flexibility of existing regulations1 policies1 and guidance and identifying additional actions to facilitate high quality1 efficient1 and targeted environmental reviews and permitting decisions4 ,the sessions and the interagency collaborations they generate shall focus on how to work with ,state and local transportation entities to improve project planning1 siting1 and application quality and how to consult and coordinate with relevant stakeholders and ,federal1 tribal1 ,state1 and local representatives early in permitting processes4 7d7 ,performance measurement ,not later than #a year after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary of ,transportation1 in coordination with the ,steering ,committee established under section #cab of this title1 shall establish a program to measure and report on progress towards aligning ,federal reviews as outlined in this section4 4 7b7 ,conforming amendment ,the table of contents of subchapter ,i of chapter #c is amended by inserting after the item relating to section #cji the following3 #caj4 ,aligning ,federal environmental reviews4 4 #caaje4 ,multimodal categorical exclusions ,section #cjd is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking operating authority and inserting operating administration or secretarial office2 7ii7 by inserting has expertise but before is not the lead2 and 7iii7 by inserting proposed multimodal before project2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,lead authority ,the term lead authority means a ,department of ,transportation operating administration or secretarial office that has the lead responsibility for a proposed multimodal project4 2 and 7,c7 in paragraph 7#c71 by striking has the meaning given the term in section #aci7;a7 of title #bc and inserting means an action by the ,department of ,transportation that involves expertise of #a or more ,department of ,transportation operating administrations or secretarial offices2 7#b7 in subsection 7b71 by striking under this title and inserting by the ,secretary of ,transportation2 7#c7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking a categorical exclusion designated under the implementing regulations or and inserting categorical exclusions designated under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 implementing2 and 7ii7 by striking other components of the and inserting a proposed multimodal2 7,b7 by amending paragraphs 7#a7 and 7#b7 to read as follows3 7#a7 the lead authority makes a preliminary determination on the applicability of a categorical exclusion to a proposed multimodal project and notifies the cooperating authority of its intent to apply the cooperating authority categorical exclusion2 7#b7 the cooperating authority does not object to the lead authority's preliminary determination of its applicability2 2 7,c7 in paragraph 7#c7-- 7i7 by inserting the lead authority determines that before the component of2 and 7ii7 by inserting proposed multimodal before project to be covered2 and 7,d7 by amending paragraph 7#d7 to read as follows3 7#d7 the lead authority1 with the concurrence of the cooperating authority-- 7,a7 follows implementing regulations or procedures under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 determines that the proposed multimodal project does not individually or cumulatively have a significant impact on the environment2 and 7,c7 determines that extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 2 and 7#d7 by amending subsection 7d7 to read as follows3 7d7 ,cooperating authority expertise ,a cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise4 4 #caajf4 ,improving transparency in environmental reviews 7a7 ,in general ,subchapter ,i of chapter #c1 as amended by section #caajd of this ,act1 is further amended by inserting after section #caj the following3 #caa4 ,improving transparency in environmental reviews 7a7 ,in general ,not later than #b years after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary of ,transportation shall establish an online platform and1 in coordination with ,federal agencies described in subsection 7b71 issue reporting standards to make publicly available the status and progress with respect to compliance with applicable requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any other ,federal approval required under applicable laws for projects and activities requiring an environmental assessment or an environmental impact statement4 7b7 ,federal agency participation ,a ,federal agency of jurisdiction over an approval required for a project under applicable laws shall provide information regarding the status and progress of the approval to the online platform1 consistent with the standards established under subsection 7a74 7c7 ,assignment of responsibilities ,an entity with assigned authority for responsibilities under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 under section #cbf or section #cbg of title #bc shall be responsible for supplying project development and compliance status for all applicable projects4 4 7b7 ,conforming amendment ,the table of contents of subchapter ,i of chapter #c1 as amended by section #caajd of this ,act1 is further amended by inserting after the item relating to section #caj1 the following3 #caa4 ,improving transparency in environmental reviews4 4 #caajg4 ,local transportation infrastructure program ,section #faj of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a71 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#a71 #ajd7;b77#b71 and #add2 and 2 7,b7 in paragraph 7#b71 by striking #bjje through #bjji and inserting #bjaf through #bjba2 7,c7 in paragraph 7#c71 by striking #bjje through #bjji and inserting #bjaf through #bjba2 and 7,d7 in paragraph 7#e71 by striking section #acc7;d77#c7 and inserting section #acc7;d77#d72 and 7#b7 in subsection 7k71 by striking #bjje through #bjji and inserting #bjaf through #bjba4 #caajh4 ,authorization of grants for positive train control 7a7 ,in general ,there shall be available from the ,mass ,transit ,account of the ,highway ,trust ,fund to carry out this section #aii1jjj1jjj for fiscal year #bjaf to assist in financing the installation of positive train control systems4 7b7 ,programs ,the amounts made available under subsection 7a7 of this section may be used to assist in financing the installation of positive train control systems through-- 7#a7 grants made under the rail safety technology grants program under section #bjaeh of title #di1 ,united ,states ,code2 7#b7 grants made under the consolidated rail infrastructure and safety improvements program under section #bddjh of title #di1 ,united ,states ,code2 and 7#c7 funding the cost1 including the subsidy cost or cost of credit risk premiums1 of direct loans and loan guarantees under sections #ejb through #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hja et seq474 7c7 ,eligible recipients ,the amounts made available under subsection 7a7 of this section may be used only to assist a recipient of funds under chapter #ec of title #di1 ,united ,states ,code1 through the programs described in subsection 7b74 7d7 ,project management oversight ,the ,secretary may withhold up to #a percent from the amounts made available under subsection 7a7 of this section for the costs of project management oversight of grants authorized under that subsection4 7e7 ,savings clause ,nothing in this section may be construed as authorizing the amounts appropriated under subsection 7a7 to be used for any purpose other than financing the installation of positive train control systems4 7f7 ,grants financed from ,highway ,trust ,fund ,a grant1 contract1 direct loan1 or loan guarantee that is approved by the ,secretary and financed with amounts made available from the ,mass ,transit ,account of the ,highway ,trust ,fund under this section is a contractual obligation of the ,government to pay the ,government share of the cost of the project4 7g7 ,availability of amounts ,notwithstanding subsection 7h71 amounts made available under this section shall remain available until expended4 7h7 ,sunset ,the ,secretary of ,transportation shall provide the grants1 direct loans1 and loan guarantees under subsection 7b7 by ,september #cj1 #bjag4 ,b ,research #cabja4 ,findings ,congress makes the followings findings3 7#a7 ,federal transportation research planning and coordination-- 7,a7 should occur within the ,office of the ,secretary2 and 7,b7 should be1 to the extent practicable1 multi-modal and not occur solely within the subagencies of the ,department of ,transportation4 7#b7 ,managing a multi-modal research portfolio within the ,office of the ,secretary will-- 7,a7 help identify opportunities where research could be applied across modes2 and 7,b7 prevent duplication of efforts and waste of limited ,federal resources4 7#c7 ,an ombudsman for research at the ,department of ,transportation will-- 7,a7 give stakeholders a formal opportunity to address concerns2 7,b7 ensure unbiased research2 and 7,c7 improve the overall research products of the ,department4 7#d7 ,increasing transparency of transportation research efforts will-- 7,a7 build stakeholder confidence in the final product2 and 7,b7 lead to the improved implementation of research findings4 #cabjb4 ,modal research plans 7a7 ,in general ,not later than ,june #ae of the year preceding the research fiscal year1 the head of each modal administration and joint program office of the ,department of ,transportation shall submit a comprehensive annual modal research plan to the ,assistant ,secretary for ,research and ,technology of the ,department of ,transportation 7referred to in this subtitle as the ,assistant ,secretary74 7b7 ,review 7#a7 ,in general ,not later than ,october #a of each year1 the ,assistant ,secretary1 for each plan submitted pursuant to subsection 7a71 shall-- 7,a7 review the scope of the research2 and 7,b7 7i7 approve the plan2 or 7ii7 request that the plan be revised4 7#b7 ,publications ,not later than ,january #cj of each year1 the ,secretary shall publish each plan that has been approved under paragraph 7#a77;,b77i7 on a public website4 7#c7 ,rejection of duplicative research efforts ,the ,assistant ,secretary may not approve any plan submitted by the head of a modal administration or joint program office pursuant to subsection 7a7 if such plan duplicates the research efforts of any other modal administration4 7c7 ,funding limitations ,no funds may be expended by the ,department of ,transportation on research that has not previously been approved as part of a modal research plan approved by the ,assistant ,secretary unless-- 7#a7 such research is required by an ,act of ,congress2 7#b7 such research was part of a contract that was funded before the date of enactment of this ,act2 or 7#c7 the ,secretary of ,transportation certifies to ,congress that such research is necessary before the approval of a modal research plan4 7d7 ,duplicative research 7#a7 ,in general ,except as provided in paragraph 7#b71 no funds may be expended by the ,department of ,transportation on research projects that the ,secretary identifies as duplicative under subsection 7b77#c74 7#b7 ,exceptions ,paragraph 7#a7 shall not apply to-- 7,a7 updates to previously commissioned research2 7,b7 research commissioned to carry out an ,act of ,congress2 or 7,c7 research commissioned before the date of enactment of this ,act4 7e7 ,certification 7#a7 ,in general ,the ,secretary shall annually certify to ,congress that-- 7,a7 each modal research plan has been reviewed2 and 7,b7 there is no duplication of study for research directed1 commissioned1 or conducted by the ,department of ,transportation4 7#b7 ,corrective action plan ,if the ,secretary1 after submitting a certification under paragraph 7#a71 identifies duplication of research within the ,department of ,transportation1 the ,secretary shall-- 7,a7 notify ,congress of the duplicative research2 and 7,b7 submit a corrective action plan to ,congress that will eliminate such duplicative research4 #cabjc4 ,consolidated research prospectus and strategic plan 7a7 ,prospectus 7#a7 ,in general ,the ,secretary shall annually publish1 on a public website1 a comprehensive prospectus on all research projects conducted by the ,department of ,transportation1 including1 to the extent practicable1 research funded through ,university ,transportation ,centers4 7#b7 ,contents ,the prospectus published under paragraph 7#a7 shall-- 7,a7 include the consolidated modal research plans approved under section #acjb2 7,b7 describe the research objectives1 progress1 and allocated funds for each research project2 7,c7 identify research projects with multi-modal applications2 7,d7 specify how relevant modal administrations have assisted1 will contribute to1 or plan to use the findings from the research projects identified under paragraph 7#a72 7,e7 identify areas in which multiple modal administrations are conducting research projects on similar subjects or subjects which have bearing on multiple modes2 7,f7 describe the interagency and cross modal communication and coordination that has occurred to prevent duplication of research efforts within the ,department of ,transportation2 7,g7 indicate how research is being disseminated to improve the efficiency and safety of transportation systems2 7,h7 describe how agencies developed their research plans2 and 7,i7 describe the opportunities for public and stakeholder input4 7b7 ,funding report ,in conjunction with each of the ,president's annual budget requests under section #aaje of title #ca1 ,united ,states ,code1 the ,secretary shall submit a report to appropriate committees of ,congress that describes-- 7#a7 the amount spent in the last completed fiscal year on transportation research and development2 and 7#b7 the amount proposed in the current budget for transportation research and development4 7c7 ,performance plans and reports ,in the plans and reports submitted under sections #aaae and #aaaf of title #ca1 ,united ,states ,code1 the ,secretary shall include-- 7#a7 a summary of the ,federal transportation research and development activities for the previous fiscal year in each topic area2 7#b7 the amount spent in each topic area2 7#c7 a description of the extent to which the research and development is meeting the expectations set forth in subsection 7d77#c77;,a72 and 7#d7 any amendments to the strategic plan developed under subsection 7d74 7d7 ,transportation research and development strategic plan 7#a7 ,in general ,the ,secretary shall develop a #e-year transportation research and development strategic plan to guide future ,federal transportation research and development activities4 7#b7 ,consistency ,the strategic plan developed under paragraph 7#a7 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 and 7,c7 any other research and development plan within the ,department of ,transportation4 7#c7 ,contents ,the strategic plan developed under paragraph 7#a7 shall-- 7,a7 describe the primary purposes of the transportation research and development program1 which shall include-- 7i7 promoting safety2 7ii7 reducing congestion2 7iii7 improving mobility2 7iv7 preserving the existing transportation system2 7v7 improving the durability and extending the life of transportation infrastructure2 and 7vi7 improving goods movement2 7,b7 for each of the purposes referred to in subparagraph 7,a71 list the primary research and development topics that the ,department of ,transportation intends to pursue to accomplish that purpose1 which may include-- 7i7 fundamental research in the physical and natural sciences2 7ii7 applied research2 7iii7 technology research2 and 7iv7 social science research intended for each topic2 and 7,c7 for each research and development topic-- 7i7 identify the anticipated annual funding levels for the period covered by the strategic plan2 and 7ii7 include any additional information the ,department of ,transportation expects to discover at the end of the period covered by the strategic plan as a result of the research and development in that topic area4 7#d7 ,considerations ,the ,secretary shall ensure that the strategic plan developed under this section-- 7,a7 reflects input from a wide range of stakeholders2 7,b7 includes and integrates the research and development programs of all the ,department of ,transportation's modal administrations1 including aviation1 transit1 rail1 and maritime2 and 7,c7 takes into account how research and development by other ,federal1 ,state1 private sector1 and nonprofit institutions-- 7i7 contributes to the achievement of the purposes identified under paragraph 7#c77;,a72 and 7ii7 avoids unnecessary duplication of such efforts4 7e7 ,technical and conforming amendments 7#a7 ,chapter #e of title #bc ,chapter #e of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking section #ejh2 7,b7 in the table of contents1 by striking the item relating to section #ejh2 7,c7 in section #ejb-- 7i7 in subsection 7a77#i71 by striking transportation research and technology development strategic plan developed under section #ejh and inserting transportation research and development strategic plan under section #cabjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae2 and 7ii7 in subsection 7b77#d71 by striking transportation research and development strategic plan of the ,secretary developed under section #ejh and inserting transportation research and development strategic plan under section #cabjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae2 and 7,d7 in section #eab7;b71 by striking as part of the transportation research and development strategic plan developed under section #ejh4 7#b7 ,intelligent transportation systems ,section #ebje of the ,intelligent ,transportation ,systems ,act of #aiih 7#bc ,u4,s4,c4 #ejb note7 is amended-- 7,a7 in subsection 7b71 by striking as part of the ,surface ,transportation ,research and ,development ,strategic ,plan developed under section #ejh of title #bc1 ,united ,states ,code and inserting as part of the transportation research and development strategic plan under section #cabjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae2 and 7,b7 in subsection 7e77#b77;,a71 by striking or the ,surface ,transportation ,research and ,development ,strategic ,plan developed under section #ejh of title #bc1 ,united ,states ,code and inserting or the transportation research and development strategic plan under section #cabjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae4 7#c7 ,intelligent transportation system research ,subtitle ,c of title ,v of the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7#bc ,u4,s4,c4 #eab note7 is amended-- 7,a7 in section #ecje7;h77#c77;,a71 by striking the strategic plan under section #ejh of title #bc1 ,united ,states ,code and inserting the #e-year transportation research and development strategic plan under section #cabjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae2 and 7,b7 in section #ecjg7;c77#b77;,a71 by striking or the surface transportation research and development strategic plan developed under section #ejh of title #bc1 ,united ,states ,code and inserting or the #e-year transportation research and development strategic plan under section #cabjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae4 #cabjd4 ,research ,ombudsman 7a7 ,in general ,subtitle ,,iii is amended by inserting after chapter #fc the following3 #fe ,research ombudsman ,sec4#feja4 ,research ombudsman4 #feja4 ,research ombudsman 7a7 ,establishment ,the ,assistant ,secretary for ,research and ,technology shall appoint a career ,federal employee to serve as ,research ,ombudsman4 ,this appointment shall not diminish the authority of peer review of research4 7b7 ,qualifications ,the ,research ,ombudsman appointed under subsection 7a71 to the extent practicable-- 7#a7 shall have a background in academic research and a strong understanding of sound study design2 7#b7 shall develop a working knowledge of the stakeholder communities and research needs of the transportation field2 and 7#c7 shall not have served as a political appointee of the ,department4 7c7 ,responsibilities 7#a7 ,addressing complaints and questions ,the ,research ,ombudsman shall-- 7,a7 receive complaints and questions about-- 7i7 significant alleged omissions1 improprieties1 and systemic problems2 and 7ii7 excessive delays of1 or within1 a specific research project2 and 7,b7 evaluate and address the complaints and questions described in subparagraph 7,a74 7#b7 ,petitions 7,a7 ,review ,the ,research ,ombudsman shall review petitions relating to-- 7i7 conflicts of interest2 7ii7 the study design and methodology2 7iii7 assumptions and potential bias2 7iv7 the length of the study2 and 7v7 the composition of any data sampled4 7,b7 ,response to petitions ,the ,research ,ombudsman shall-- 7i7 respond to relevant petitions within a reasonable period2 7ii7 identify deficiencies in the petition's study design2 and 7iii7 propose a remedy for such deficiencies to the administrator of the modal administration responsible for completing the research project4 7,c7 ,response to proposed remedy ,the administrator of the modal administration charged with completing the research project shall respond to the proposed research remedy4 7#c7 ,required reviews ,the ,research ,ombudsman shall evaluate the study plan for all statutorily required studies and reports before the commencement of such studies to ensure that the research plan has an appropriate sample size and composition to address the stated purpose of the study4 7d7 ,reports 7#a7 ,in general ,upon the completion of each review under subsection 7c71 the ,research ,ombudsman shall-- 7,a7 submit a report containing the results of such review to-- 7i7 the ,secretary2 7ii7 the head of the relevant modal administration2 and 7iii7 the study or research leader2 and 7,b7 publish such results on a public website1 with the modal administration response required under subsection 7c77#b77;,c74 7#b7 ,independence ,each report required under this section shall be provided directly to the individuals described in paragraph 7#a7 without any comment or amendment from the ,secretary1 the ,deputy ,secretary of ,transportation1 the head of any modal administration of the ,department1 or any other officer or employee of the ,department or the ,office of ,management and ,budget4 7e7 ,report to ,inspector ,general ,the ,research ,ombudsman shall submit any evidence of misfeasance1 malfeasance1 waste1 fraud1 or abuse uncovered during a review under this section to the ,inspector ,general for further review4 7f7 ,removal ,the ,research ,ombudsman shall be subject to adverse employment action for misconduct or good cause in accordance with the procedures and grounds set forth in chapter #ge of title #e4 4 7b7 ,technical and conforming amendment ,the table of chapters for subtitle ,,iii is amended by inserting after the item relating to chapter #fc the following3 #fe4,research ombudsman#feja 4 #cabje4 ,smart cities transportation planning study 7a7 ,in general ,the ,secretary shall conduct a study of digital technologies and information technologies1 including shared mobility1 data1 transportation network companies1 and on-demand transportation services-- 7#a7 to understand the degree to which cities are adopting these technologies2 7#b7 to assess future planning1 infrastructure and investment needs2 and 7#c7 to provide best practices to plan for smart cities in which information and technology are used-- 7,a7 to improve city operations2 7,b7 to grow the local economy2 7,c7 to improve response in times of emergencies and natural disasters2 and 7,d7 to improve the lives of city residents4 7b7 ,components ,the study conducted under subsection 7a7 shall-- 7#a7 identify broad issues that influence the ability of the ,united ,states to plan for and invest in smart cities1 including barriers to collaboration and access to scientific information2 and 7#b7 review how the expanded use of digital technologies1 mobile devices1 and information may-- 7,a7 enhance the efficiency and effectiveness of existing transportation networks2 7,b7 optimize demand management services2 7,c7 impact low-income and other disadvantaged communities2 7,d7 assess opportunities to share1 collect1 and use data2 7,e7 change current planning and investment strategies2 and 7,f7 provide opportunities for enhanced coordination and planning4 7c7 ,reporting ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall publish the report containing the results of the study required under subsection 7a7 to a public website4 #cabjf4 ,bureau of ,transportation ,statistics independence ,section #fcjb is amended by adding at the end the following3 7d7 ,independence of ,bureau 7#a7 ,in general ,the ,director shall not be required-- 7,a7 to obtain the approval of any other officer or employee of the ,department with respect to the collection or analysis of any information2 or 7,b7 prior to publication1 to obtain the approval of any other officer or employee of the ,united ,states ,government with respect to the substance of any statistical technical reports or press releases lawfully prepared by the ,director4 7#b7 ,budget authority ,the ,director shall have a significant role in the disposition and allocation of the ,bureau's authorized budget1 including-- 7,a7 all hiring1 grants1 cooperative agreements1 and contracts awarded by the ,bureau to carry out this section2 and 7,b7 the disposition and allocation of amounts paid to the ,bureau for cost-reimbursable projects4 7#c7 ,exceptions ,the ,secretary shall direct external support functions1 such as the coordination of activities involving multiple modal administrations4 7#d7 ,information technology ,the ,department ,chief ,information ,officer shall consult with the ,director to ensure decisions related to information technology guarantee the protection of the confidentiality of information provided solely for statistical purposes1 in accordance with the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note74 4 #cabjg4 ,conforming amendments 7a7 ,title #di amendments 7#a7 ,assistant ,secretaries2 ,general ,counsel ,section #ajb7;e7 is amended-- 7,a7 in paragraph 7#a71 by striking #e and inserting #f2 and 7,b7 in paragraph 7#a77;,a71 by inserting an ,assistant ,secretary for ,research and ,technology1 before and an ,assistant ,secretary4 7#b7 ,office of the ,assistant ,secretary for ,research and ,technology of the ,department of ,transportation ,section #aab is repealed4 7#c7 ,table of contents ,the table of contents of chapter #a is amended by striking the item relating to section #aab4 7#d7 ,research contracts ,section #ccj is amended-- 7,a7 in the section heading1 by striking contracts and inserting activities2 7,b7 in subsection 7a71 by inserting ,in general4-- before ,the ,secretary2 7,c7 in subsection 7b71 by inserting ,responsibilities4-- before ,in carrying out2 7,d7 in subsection 7c71 by inserting ,publications4-- before ,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 the ,department's research and development programs and activities4 7#b7 ,advancement1 and research and development1 of innovative technologies1 including intelligent transportation systems4 7#c7 ,comprehensive transportation statistics research1 analysis1 and reporting4 7#d7 ,education and training in transportation and transportation-related fields4 7#e7 ,activities of the ,volpe ,national ,transportation ,systems ,center4 7e7 ,additional authorities ,the ,secretary may-- 7#a7 enter into grants and cooperative agreements with ,federal agencies1 ,state and local government agencies1 other public entities1 private organizations1 and other persons-- 7,a7 to conduct research into transportation service and infrastructure assurance2 and 7,b7 to carry out other research activities of the ,department2 7#b7 carry out1 on a cost-shared basis1 collaborative research and development to encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology with-- 7,a7 non-,federal entities1 including ,state and local governments1 foreign governments1 institutions of higher education1 corporations1 institutions1 partnerships1 sole proprietorships1 and trade associations that are incorporated or established under the laws of any ,state2 7,b7 ,federal laboratories2 and 7,c7 other ,federal agencies2 and 7#c7 directly initiate contracts1 grants1 cooperative research and development agreements 7as defined in section #ab of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a771 and other agreements to fund1 and accept funds from1 the ,transportation ,research ,board of the ,national ,research ,council of the ,national ,academy of ,sciences1 ,state departments of transportation1 cities1 counties1 institutions of higher education1 associations1 and the agents of those entities to carry out joint transportation research and technology efforts4 7f7 ,federal share 7#a7 ,in general ,subject to paragraph 7#b71 the ,federal share of the cost of an activity carried out under subsection 7e77#c7 shall not exceed #ej percent4 7#b7 ,exception ,if the ,secretary determines that the activity is of substantial public interest or benefit1 the ,secretary may approve a greater ,federal share4 7#c7 ,non-,federal share ,all costs directly incurred by the non-,federal partners1 including personnel1 travel1 facility1 and hardware development costs1 shall be credited toward the non-,federal share of the cost of an activity described in paragraph 7#a74 7g7 ,program evaluation and oversight ,for fiscal years #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 necessary expenses for administration and operations of the ,office of the ,assistant ,secretary for ,research and ,technology for the coordination1 evaluation1 and oversight of the programs administered under this section4 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 7#e7 ,table of contents ,the item relating to section #ccj in the table of contents of chapter #c is amended by striking ,contracts and inserting ,activities4 7#f7 ,bureau of ,transportation ,statistics ,section #fcjb7;a7 is amended to read as follows3 7a7 ,in general ,there shall be within the ,department the ,bureau of ,transportation ,statistics4 4 7b7 ,title #e amendments 7#a7 ,positions at level ,,ii ,section #ecac of title #e1 ,united ,states ,code1 is amended by striking ,under ,secretary of ,transportation for ,security44 7#b7 ,positions at level ,,iii ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,administrator1 ,research and ,innovative ,technology ,administration44 7#c7 ,positions at level ,,iv ,section #ecae of title #e1 ,united ,states ,code1 is amended by striking 7#d7 in the undesignated item relating to ,assistant ,secretaries of ,transportation and inserting 7#e74 7#d7 ,positions at level ,v ,section #ecaf is amended by striking ,associate ,deputy ,secretary1 ,department of ,transportation44 #cabjh4 ,repeal of obsolete office 7a7 ,in general ,section #eejc is repealed4 7b7 ,table of contents ,the table of contents of chapter #ee is amended by striking the item relating to section #eejc4 ,c ,port ,performance ,act #cacja4 ,short title ,this subtitle may be cited as the ,port ,performance ,act4 #cacjb4 ,findings ,congress finds the following3 7#a7 ,america's ports play a critical role in the ,nation's transportation supply chain network4 7#b7 ,reliable and efficient movement of goods through the ,nation's ports ensures that ,american goods are available to customers throughout the world4 7#c7 ,breakdowns in the transportation supply chain network1 particularly at the ,nation's ports1 can result in tremendous economic losses for agriculture1 businesses1 and retailers that rely on timely shipments4 7#d7 ,a clear understanding of terminal and port productivity and throughput should help-- 7,a7 to identify freight bottlenecks2 7,b7 to indicate performance and trends over time2 and 7,c7 to inform investment decisions4 #cacjc4 ,port performance freight statistics program 7a7 ,in general ,chapter #fc is amended by adding at the end the following3 #fcad4 ,port performance freight statistics program 7a7 ,in general ,the ,director shall establish1 on behalf of the ,secretary1 a port performance statistics program to provide nationally consistent measures of performance of1 at a minimum-- 7#a7 the ,nation's top #be ports by tonnage2 7#b7 the ,nation's top #be ports by #bj-;foot equivalent unit2 and 7#c7 the ,nation's top #be ports by dry bulk4 7b7 ,annual reports 7#a7 ,port capacity and throughput ,not later than ,january #ae of each year1 the ,director shall submit an annual report to ,congress that includes statistics on capacity and throughput at the ports described in subsection 7a74 7#b7 ,port performance measures ,the ,director shall collect monthly port performance measures for each of the ,united ,states ports referred to in subsection 7a7 that receives ,federal assistance or is subject to ,federal regulation to submit an annual report to the ,bureau of ,transportation ,statistics that includes monthly statistics on capacity and throughput as applicable to the specific configuration of the port4 7,a7 ,monthly measures ,the ,director shall collect monthly measures1 including-- 7i7 the average number of lifts per hour of containers by crane2 7ii7 the average vessel turn time by vessel type2 7iii7 the average cargo or container dwell time2 7iv7 the average truck time at ports2 7v7 the average rail time at ports2 and 7vi7 any additional metrics1 as determined by the ,director after receiving recommendations from the working group established under subsection 7c74 7,b7 ,modifications ,the ,director may consider a modification to a metric under subparagraph 7,a7 if the modification meets the intent of the section4 7c7 ,recommendations 7#a7 ,in general ,the ,director shall obtain recommendations for-- 7,a7 specifications and data measurements for the port performance measures listed in subsection 7b77#b72 7,b7 additionally needed data elements for measuring port performance2 and 7,c7 a process for the ,department of ,transportation to collect timely and consistent data1 including identifying safeguards to protect proprietary information described in subsection 7b77#b74 7#b7 ,working group ,not later than #fj days after the date of the enactment of the ,port ,performance ,act1 the ,director shall commission a working group composed of-- 7,a7 operating administrations of the ,department of ,transportation2 7,b7 the ,coast ,guard2 7,c7 the ,federal ,maritime ,commission2 7,d7 ,u4,s4 ,customs and ,border ,protection2 7,e7 the ,marine ,transportation ,system ,national ,advisory ,council2 7,f7 the ,army ,corps of ,engineers2 7,g7 the ,saint ,lawrence ,seaway ,development ,corporation2 7,h7 the ,advisory ,committee on ,supply ,chain ,competitiveness2 7,i7 #a representative from the rail industry2 7,j7 #a representative from the trucking industry2 7,k7 #a representative from the maritime shipping industry2 7,l7 #a representative from a labor organization for each industry described in subparagraphs 7,i7 through 7,k72 7,m7 #a representative from a port authority2 7,n7 #a representative from a terminal operator2 7,o7 representatives of the ,national ,freight ,advisory ,committee of the ,department2 and 7,p7 representatives of the ,transportation ,research ,board of the ,national ,academies4 7#c7 ,recommendations ,not later than #a year after the date of the enactment of the ,port ,performance ,act1 the working group commissioned under this subsection shall submit its recommendations to the ,director4 7d7 ,access to data ,the ,director shall ensure that the statistics compiled under this section are readily accessible to the public1 consistent with applicable security constraints and confidentiality interests4 4 7b7 ,prohibition on certain disclosures ,section #fcjg7;b77#a7 is amended by inserting or section #fcad7;b7 after section #fcjb7;b77#c77;,b7 each place it appears4 7c7 ,copies of reports ,section #fcjg7;b77#b77;,a7 is amended by inserting or section #fcad7;b7 after section #fcjb7;b77#c77;,b74 7d7 ,technical and conforming amendment ,the table of contents for chapter #fc is amended by adding at the end the following3 #fcad4 ,port performance freight statistics program4 4 ,,xxxii ,commercial motor vehicle and driver programs ,a ,compliance1 ,safety1 and ,accountability ,reform #cbjja4 ,correlation study 7a7 ,in general ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration 7referred to in this subtitle as the ,administrator7 shall commission the ,national ,research ,council of the ,national ,academies to conduct a study of-- 7#a7 the ,safety ,measurement ,system 7referred to in this subtitle as ,,sms72 and 7#b7 the ,compliance1 ,safety1 ,accountability program 7referred to in this subtitle as the ,,csa program74 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 subtitle as ,,basic7 safety measures used by ,,sms-- 7i7 identify high risk drivers and carriers2 and 7ii7 predict or be correlated with future crash risk1 crash severity1 or other safety indicators for individual drivers1 motor carriers1 and the highest risk carriers2 7,b7 the methodology used to calculate ,,basic percentiles and identify carriers for enforcement1 including the weights assigned to particular violations1 and the tie between crash risk and specific regulatory violations1 in order to accurately identify and predict 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 data gaps and insufficiencies on the efficacy of the ,,csa program2 and 7,e7 the accuracy of data processing2 and 7#b7 should consider-- 7,a7 whether the current ,,sms provides comparable precision and confidence for ,,sms alerts and percentiles for the relative crash risk of individual large and small motor carriers2 7,b7 whether alternative systems would identify high risk carriers or identify high risk drivers and motor carriers more accurately2 and 7,c7 the recommendations and findings of the ,comptroller ,general of the ,united ,states and the ,inspector ,general1 and independent review team reports issued before the date of the 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 completed study 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 7#c7 the ,inspector ,general of the ,department of ,transportation2 and 7#d7 the ,comptroller ,general of the ,united ,states4 7d7 ,corrective action plan 7#a7 ,in general ,not later than #abj days after the ,administrator submits a report under subsection 7c7 that identifies a deficiency or opportunity for improvement in the ,,csa program or in any element of ,,sms1 the ,administrator shall submit a corrective action plan to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that-- 7,a7 responds to the concerns highlighted by the report2 7,b7 identifies how the ,federal ,motor ,carrier ,safety ,administration will address such concerns2 and 7,c7 provides an estimate of the cost1 including changes in staffing1 enforcement1 and data collection necessary to implement the recommendations4 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 of ,transportation that relates to the ,,csa program1 including the ,,sms data sets or analysis4 7e7 ,inspector general review ,not later than #abj days after the ,administrator issues a corrective action plan under subsection 7d71 the ,inspector ,general of the ,department of ,transportation 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 recommendations issued by the ,comptroller ,general or the ,inspector ,general before the date of enactment of this ,act2 and 7#b7 submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on the responsiveness of the corrective action plan to the recommendations described in paragraph 7#a74 7f7 ,fiscal limitation ,the ,administrator shall carry out the study required under this section using amounts appropriated to the ,federal ,motor ,carrier ,safety ,administration and available for obligation and expenditure as of the date of the enactment of this ,act4 #cbjjb4 ,safety improvement metrics 7a7 ,in general ,the ,administrator shall incorporate a methodology into the ,,csa program or establish a third-party process to allow recognition1 including credit1 improved score1 or by establishing a safety ,,basic in ,,sms for safety technology1 tools1 programs1 and systems approved by the ,administrator through the qualification process developed under subsection 7b7 that exceed regulatory requirements or are used to enhance safety performance1 including-- 7#a7 the installation of qualifying advanced safety equipment1 such as-- 7,a7 collision mitigation systems2 7,b7 lane departure warnings2 7,c7 speed limiters2 7,d7 electronic logging devices2 7,e7 electronic stability control2 7,f7 critical event recorders2 and 7,g7 strengthening rear guards and sideguards for underride protection2 7#b7 the use of enhanced driver fitness measures that exceed current regulatory requirements1 such as-- 7,a7 additional new driver training2 7,b7 enhanced and ongoing driver training2 and 7,c7 remedial driver training to address specific deficiencies as identified in roadside inspection or enforcement reports2 7#c7 the adoption of qualifying administrative fleet safety management tools technologies1 driver performance and behavior management technologies1 and programs2 and 7#d7 technologies and measures identified through the process described in subsection 7c74 7b7 ,qualification ,the ,administrator1 through a notice and comment process1 shall develop technical or other performance standards for technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems used by motor carriers that will qualify for credit under this section4 7c7 ,additional requirements ,in modifying the ,,csa program under subsection 7a71 the ,administrator1 through notice and comment1 shall develop a process for identifying and reviewing other technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems used by motor carriers to improve safety performance that-- 7#a7 provides for a petition for reviewing technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems2 7#b7 seeks input and participation from industry stakeholders1 including drivers1 technology manufacturers1 vehicle manufacturers1 motor carriers1 enforcement communities1 and safety advocates1 and the ,motor ,carrier ,safety ,advisory ,committee2 and 7#c7 includes technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems with a date certain for future statutory or regulatory implementation4 7d7 ,safety improvement metrics use and verification ,the ,administrator1 through notice and comment process1 shall develop a process for-- 7#a7 providing recognition or credit within a motor carrier's ,,sms score for the installation and use of measures in paragraphs 7#a7 through 7#d7 of subsection 7a72 7#b7 ensuring that the safety improvement metrics developed under this section are presented with other ,,sms data2 7#c7 verifying the installation or use of such technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems2 7#d7 modifying or removing recognition or credit upon verification of noncompliance with this section2 7#e7 ensuring that the credits or recognition referred to in paragraph 7#a7 reflect the safety improvement anticipated as a result of the installation or use of the specific technology1 advanced safety equipment1 enhanced driver fitness measure1 tool1 program1 or system2 7#f7 verifying the deployment and use of qualifying equipment or management systems by a motor carrier through a certification from the vehicle manufacturer1 the system or service provider1 the insurance carrier1 or through documents submitted by the motor carrier to the ,department of ,transportation2 7#g7 annually reviewing the list of qualifying safety technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems2 and 7#h7 removing systems mandated by law or regulation1 or if such systems demonstrate a lack of efficacy1 from the list of qualifying technologies1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems eligible for credit under the ,,csa program4 7e7 ,dissemination of information ,the ,administrator shall maintain a public website that contains information regarding-- 7#a7 the technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems eligible for credit and improved scores2 7#b7 any petitions for study of the technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems2 and 7#c7 statistics and information relating to the use of such technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems4 7f7 ,public report ,not later than #a year after the establishment of the ,safety ,improvement ,metrics ,system 7referred to in this section as ,,sims7 under this section1 and annually thereafter1 the ,administrator shall publish1 on a public website1 a report that identifies-- 7#a7 the types of technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems that are eligible for credit2 7#b7 the number of instances in which each technology1 advanced safety equipment1 enhanced driver fitness measure1 tool1 program1 or system is used2 7#c7 the number of motor carriers1 and a description of the carrier's fleet size1 that received recognition or credit under the modified ,,csa program2 and 7#d7 the pre- and post-adoption safety performance of the motor carriers described in paragraph 7#c74 7g7 ,implementation and oversight responsibility ,the ,administrator shall ensure that the activities described in subsections 7a7 through 7f7 of this section are not required under section #caajb of title #di1 ,united ,states ,code1 as amended by this ,act4 7h7 ,evaluation 7#a7 ,in general ,not later than #b years after the implementation of ,,sims under this section1 the ,administrator shall conduct an evaluation of the effectiveness of ,,sims by reviewing the impacts of ,,sims on-- 7,a7 law enforcement1 commercial drivers and motor carriers1 and motor carrier safety2 and 7,b7 safety and adoption of new technologies4 7#b7 ,report ,not later than #cj months after the implementation of the program1 the ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7,a7 the results of the evaluation conducted under paragraph 7#a72 and 7,b7 the actions the ,federal ,motor ,carrier ,safety ,administration plans to take to modify the demonstration program based on such results4 7i7 ,use of estimates of safety effects ,in conducting regulatory impact analyses for rulemakings relating to the technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems selected for credit under the ,,csa program1 the ,administrator1 to the extent practicable1 shall use the data gathered under this section and appropriate statistical methodology1 including sufficient sample sizes1 composition1 and appropriate comparison groups1 including representative motor carriers of all sizes1 to estimate the effects on safety performance and reduction in the number and severity of accidents with qualifying technology1 advanced safety equipment1 tools1 programs1 and systems4 7j7 ,savings provision ,nothing in this section may be construed to provide the ,administrator with additional authority to change the requirements for the operation of a commercial motor vehicle4 #cbjjc4 ,data certification 7a7 ,limitation ,beginning not later than #a day after the date of enactment of this ,act1 none of the analysis of violation information1 enforcement prioritization1 not-at-fault crashes1 alerts1 or the relative percentile for each ,behavioral ,analysis and ,safety ,improvement ,category developed through the ,,csa program may be made available to the general public1 but violation and inspection information submitted by the ,states may be presented1 until the ,inspector ,general of the ,department of ,transportation certifies that-- 7#a7 any deficiencies identified in the correlation study required under section #cbjja have been addressed2 7#b7 the corrective action plan has been implemented and the concerns raised by the correlation study under section #cbjja have been addressed2 7#c7 the ,administrator has fully implemented or satisfactorily addressed the issues raised in the ,february #bjad ,,gao report entitled ,modifying the ,compliance1 ,safety1 ,accountability ,program ,would ,improve the ,ability to ,identify ,high ,risk ,carriers 7,,gao-#ad-aad71 which called into question the accuracy and completeness of safety performance calculations2 7#d7 the study required under section #cbjja has been published on a public website2 and 7#e7 the ,,csa program has been modified in accordance with section #cbjjb4 7b7 ,limitation on use of ,,csa analysis ,the enforcement prioritization1 alerts1 or the relative percentile for each ,behavioral ,analysis and ,safety ,improvement ,category developed through the ,,csa program within the ,,sms system may not be used for safety fitness determinations until the requirements under subsection 7a7 have been satisfied4 7c7 ,continued public availability of data ,inspection and violation information submitted to the ,federal ,motor ,carrier ,safety ,administration by commercial motor vehicle inspectors and qualified law enforcement officials shall remain available for public viewing4 7d7 ,exceptions 7#a7 ,in general ,notwithstanding the limitations set forth in subsections 7a7 and 7b7-- 7,a7 the ,federal ,motor ,carrier ,safety ,administration and ,state and local commercial motor vehicle enforcement agencies may only use the information referred to in subsection 7a7 for purposes of investigation and enforcement prioritization2 7,b7 motor carriers and commercial motor vehicle drivers may access information referred to in subsection 7a7 that relates directly to the motor carrier or driver1 respectively2 and 7,c7 the data analysis of motorcoach operators may be provided online1 with a notation indicating that the ratings or alerts listed are not intended to imply any ,federal safety rating of the carrier4 7#b7 ,notation ,the notation described under paragraph 7#a77;,c7 shall include3 ,readers should not draw conclusions about a carrier's overall safety condition simply based on the data displayed in this system4 ,unless a motor carrier has received an ,,unsatisfactory safety rating under part #che of title #di1 ,code of ,federal ,regulations1 or has otherwise been ordered to discontinue operations by the ,federal ,motor ,carrier ,safety ,administration1 it is authorized to operate on the ,nation's roadways44 7#c7 ,limitation ,nothing in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 may be construed to restrict the official use by ,state enforcement agencies of the data collected by ,state enforcement personnel4 7e7 ,certification ,the certification process described in subsection 7a7 shall occur concurrently with the implementation of ,,sims under section #cbjjb4 7f7 ,completion ,the ,secretary shall modify the ,,csa program in accordance with section #cbjjb not later than #a year after the date of completion of the report described in section #cbjja7;c74 #cbjjd4 ,data improvement 7a7 ,functional specifications ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall develop functional specifications to ensure the consistent and accurate input of data into systems and databases relating to the ,,csa program4 7b7 ,functionality ,the specifications developed pursuant to subsection 7a7-- 7#a7 shall provide for the hardcoding and smart logic functionality for roadside inspection data collection systems and databases2 and 7#b7 shall be made available to public and private sector developers4 7c7 ,effective data management ,the ,administrator shall ensure that internal systems and databases accept and effectively manage data using uniform standards4 7d7 ,consultation with the ,states ,before implementing the functional specifications described in subsection 7a7 or the standards described in subsection 7c71 the ,administrator shall seek input from the ,state agencies responsible for enforcing section #caajb of title #di1 ,united ,states ,code4 #cbjje4 ,accident report information 7a7 ,review ,the ,administrator shall initiate a demonstration program that allows motor carriers and drivers to request a review of crashes1 and the removal of crash data for use in the ,federal ,motor ,carrier ,safety ,administration's safety measurement system of crashes1 and removal from any weighting1 or carrier safety analysis1 if the commercial motor vehicle was operated legally and another motorist in connection with the crash is found-- 7#a7 to have been driving under the influence2 7#b7 to have been driving the wrong direction on a roadway2 7#c7 to have struck the commercial motor vehicle in the rear2 7#d7 to have struck the commercial motor vehicle which was legally stopped2 7#e7 by the investigating officer or agency to have been responsible for the crash2 or 7#f7 to have committed other violations determined by the ,administrator4 7b7 ,documents ,as part of a request for review under subsection 7a71 the motor carrier or driver shall submit a copy of available police reports1 crash investigations1 judicial actions1 insurance claim information1 and any related court actions submitted by each party involved in the accident4 7c7 ,solicitation of other information ,following a notice and comment period1 the ,administrator may solicit other types of information to be collected under subsection 7b7 to facilitate appropriate reviews under this section4 7d7 ,evaluation ,the ,federal ,motor ,carrier ,safety ,administration shall review the information submitted under subsections 7b7 and 7c74 7e7 ,results ,subject to subsection 7h77#b71 the results of the review under subsection 7a7-- 7#a7 shall be used to recalculate the motor carrier's crash ,,basic percentile2 7#b7 if the carrier is determined not to be responsible for the crash incident1 such information1 shall be reflected on the website of the ,federal ,motor ,carrier ,safety ,administration2 and 7#c7 shall not be admitted as evidence or otherwise used in a civil action4 7f7 ,fee system 7#a7 ,establishment ,the ,administrator may establish a fee system1 in accordance with section #igja of title #ca1 ,united ,states ,code1 in which a motor carrier is charged a fee for each review of a crash requested by such motor carrier under this section4 7#b7 ,disposition of fees ,fees collected under this section-- 7,a7 may be credited to the ,department of ,transportation appropriations account for purpose of carrying out this section2 and 7,b7 shall be used to fully fund the operation of the review program authorized under this section4 7g7 ,review and report ,not earlier than #b years after the establishment of the demonstration program under this section1 the ,administrator shall-- 7#a7 conduct a review of the internal crash review program to determine if other crash types should be included2 and 7#b7 submit a report to ,congress that describes-- 7,a7 the number of crashes reviewed2 7,b7 the number of crashes for which the commercial motor vehicle operator was determined not to be at fault2 and 7,c7 relevant information relating to the program1 including the cost to operate the program and the fee structure established4 7h7 ,implementation and oversight responsibility 7#a7 ,in general ,the ,administrator shall ensure that the activities described in subsections 7a7 through 7d7 of this section are not required under section #caajb of title #di1 ,united ,states ,code1 as amended by this ,act4 7#b7 ,reviews involving fatalities ,if a review under subsection 7a7 involves a fatality1 the ,inspector ,general of the ,department of ,transportation shall audit and certify the review prior to making any changes under subsection 7e74 #cbjjf4 ,post-accident report review 7a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall convene a working group-- 7#a7 to review the data elements of post-accident reports1 for tow-away accidents involving commercial motor vehicles1 that are reported to the ,federal ,government2 and 7#b7 to report to the ,secretary its findings and any recommendations1 including best practices for ,state post-accident reports to achieve the data elements described in subsection 7c74 7b7 ,composition ,not less than #ea percent of the working group should be composed of individuals representing the ,states or ,state law enforcement officials4 ,the remaining members of the working group shall represent industry1 labor1 safety advocates1 and other interested parties4 7c7 ,considerations ,the working group shall consider requiring additional data elements1 including-- 7#a7 the primary cause of the accident1 if the primary cause can be determined2 7#b7 the physical characteristics of the commercial motor vehicle and any other vehicle involved in the accident1 including-- 7,a7 the vehicle configuration2 7,b7 the gross vehicle weight if the weight can be readily determined2 7,c7 the number of axles2 and 7,d7 the distance between axles1 if the distance can be readily determined2 and 7#c7 any data elements that could contribute to the appropriate consideration of requests under section #cbjje4 7d7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 review the findings of the working group2 7#b7 identify the best practices for ,state post-accident reports that are reported to the ,federal ,government1 including identifying the data elements that should be collected following a tow-away commercial motor vehicle accident2 and 7#c7 recommend to the ,states the adoption of new data elements to be collected following reportable commercial motor vehicle accidents4 #cbjjg4 ,recognizing excellence in safety 7a7 ,in general ,the ,administrator shall establish a program to publicly recognize motor carriers and drivers whose safety records and programs exceed compliance with the ,federal ,motor ,carrier ,safety ,administration's safety regulations and demonstrate clear and outstanding safety practices4 7b7 ,restriction ,the program established under subsection 7a7 may not be deemed to be an endorsement of1 or a preference for1 motor carriers or drivers recognized under the program4 #cbjjh4 ,high risk carrier reviews 7a7 ,in general ,after the completion of the certification under section #cbjjc of this ,act1 and the establishment of the ,safety ,fitness ,determination program1 the ,secretary shall ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk4 ,at a minimum1 a review shall be conducted whenever a motor carrier is among the highest risk carriers for #d consecutive months4 7b7 ,report ,not later than #ahj days after the completion of the certification under section #cbjjc of this ,act and the establishment of the ,safety ,fitness ,determination program1 the ,secretary shall post on a public website a report on the actions the ,secretary has taken to comply with this section1 including the number of high risk carriers identified and the high risk carriers reviewed4 7c7 ,conforming amendment ,section #dach of the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7#di ,u4,s4,c4 #caadd note7 is repealed4 ,b ,transparency and accountability #cbbja4 ,petitions for regulatory relief 7a7 ,applications for regulatory relief ,notwithstanding subpart ,c of part #cha of title #di1 ,code of ,federal ,regulations1 the ,secretary shall allow an applicant representing a class or group of motor carriers to apply for a specific exemption from any provision of the regulations under part #cie of title #di1 ,code of ,federal ,regulations1 for commercial motor vehicle drivers4 7b7 ,review process 7#a7 ,in general ,the ,secretary shall establish the procedures for the application for and the review of an exemption under subsection 7a74 7#b7 ,publication ,not later than #cj days after the date of receipt of an application for an exemption1 the ,secretary shall publish the application in the ,federal ,register and provide the public with an opportunity to comment4 7#c7 ,public comment 7,a7 ,in general ,each application shall be available for public comment for a #cj-;day period1 but the ,secretary may extend the opportunity for public comment for up to #fj days if it is a significant or complex request4 7,b7 ,review ,beginning on the date that the public comment period under subparagraph 7,a7 ends1 the ,secretary shall have #fj days to review all of the comments received4 7#d7 ,determination ,at the end of the #fj-;day period under paragraph 7#c77;,b71 the ,secretary shall publish a determination in the ,federal ,register1 including-- 7,a7 the reason for granting or denying the application2 and 7,b7 if the application is granted-- 7i7 the specific class of persons eligible for the exemption2 7ii7 each provision of the regulations to which the exemption applies2 and 7iii7 any conditions or limitations applied to the exemption4 7#e7 ,considerations ,in making a determination whether to grant or deny an application for an exemption1 the ,secretary shall consider the safety impacts of the request and may provide appropriate conditions or limitations on the use of the exemption4 7c7 ,opportunity for resubmission ,if an application is denied and the applicant can reasonably address the reason for the denial1 the ,secretary may allow the applicant to resubmit the application4 7d7 ,period of applicability 7#a7 ,in general ,except as provided in paragraph 7#b7 of this subsection and subsection 7f71 each exemption granted under this section shall be valid for a period of #e years unless the ,secretary identifies a compelling reason for a shorter exemption period4 7#b7 ,renewal ,at the end of the #e-year period under paragraph 7#a7-- 7,a7 the ,secretary1 at the ,secretary's discretion1 may renew the exemption for an additional #e-year period2 or 7,b7 an applicant may apply under subsection 7a7 for a permanent exemption from each applicable provision of the regulations4 7e7 ,limitation ,no exemption under this section may be granted to or used by any motor carrier that has an unsatisfactory or conditional safety fitness determination4 7f7 ,permanent exemptions 7#a7 ,in general ,the ,secretary shall make permanent the following limited exceptions3 7,a7 ,department of ,defense ,military ,surface ,deployment and ,distribution ,command transport of weapons1 munitions1 and sensitive classified cargo as published in the ,federal ,register ,volume #hj on ,april #af1 #bjae 7#hj ,fed4 ,reg4 #bjeef74 7,b7 ,department of ,energy transport of security-sensitive radioactive materials as published in the ,federal ,register ,volume #hj on ,june #bb1 #bjae 7#hj ,fed4 ,reg4 #cegjc74 7,c7 ,motor carriers that transport hazardous materials shipments requiring security plans under regulations of the ,pipeline and ,hazardous ,materials ,safety ,administration as published in the ,federal ,register ,volume #hj on ,may #a1 #bjae 7#hj ,fed4 ,reg4 #bejjd74 7,d7 ,perishable construction products as published in the ,federal ,register ,volume #hj on ,april #b1 #bjae 7#hj ,fed4 ,reg4 #aghai74 7,e7 ,passenger vehicle record of duty status change as published in the ,federal ,register ,volume #hj on ,june #d1 #bjae 7#hj ,fed4 ,reg4 #caifa74 7,f7 ,transport of commercial bee hives as published in the ,federal ,register ,volume #hj on ,june #ai1 #bjah4 7#hj ,fed4 ,reg4 #cedbe74 7,g7 ,specialized carriers and drivers responsible for transporting loads requiring special permits as published in the ,federal ,register ,volume #hj on ,june #ah1 #bjae 7#hj ,fed4 ,reg4 #cdieg74 7,h7 ,safe transport of livestock as published in the ,federal ,register ,volume #hj on ,june #ab1 #bjae 7#hj ,fed4 ,reg4 #ccehd74 7#b7 ,additional exemptions ,the ,secretary may make any temporary exemption from any provision of the regulations under part #cie of title #di1 ,code of ,federal ,regulations1 for commercial motor vehicle drivers that is in effect on the date of enactment of this ,act permanent if the ,secretary determines that the permanent exemption will not degrade safety4 ,the ,secretary shall provide public notice and comment on a list of the additional temporary exemptions to be made permanent under this paragraph4 7#c7 ,revocation of exemptions ,the ,secretary may revoke an exemption issued under this section if the ,secretary can demonstrate that the exemption has had a negative impact on safety4 #cbbjb4 ,inspector standards ,not later than #ij days after the date of enactment of this ,act1 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall revise the regulations under part #che of title #di1 ,code of ,federal ,regulations1 as necessary1 to incorporate by reference the certification standards for roadside inspectors issued by the ,commercial ,vehicle ,safety ,alliance4 #cbbjc4 ,technology improvements 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,government ,accountability ,office shall conduct a comprehensive analysis on the ,federal ,motor ,carrier ,safety ,administration's information technology and data collection and management systems4 7b7 ,requirements ,the study conducted under subsection 7a7 shall-- 7#a7 evaluate the efficacy of the existing information technology1 data collection1 processing systems1 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 systems 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 systems 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 level2 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 systems 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 any and all user interfaces2 and 7#g7 evaluate 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 systems and programs described in paragraph 7#a74 ,c ,trucking rules updated by comprehensive and key safety reform #cbcja4 ,update on statutory requirements 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 and every #ij days thereafter until a final rule has been issued for each of the requirements described under paragraphs 7#a7 through 7#e71 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 on the status of a final rule for-- 7#a7 the minimum entry-level training requirements for an individual operating a commercial motor vehicle under section #cacje7;c7 of title #di1 ,united ,states ,code2 7#b7 motor carrier safety fitness determinations2 7#c7 visibility of agricultural equipment under section #cafja of division ,c of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #cjaaa note72 7#d7 regulations to require commercial motor vehicles in interstate commerce and operated by a driver subject to the hours of service and record of duty status requirements under part #cie of title #di1 ,code of ,federal ,regulations1 be equipped with an electronic control module capable of limiting the maximum speed of the vehicle2 and 7#e7 any outstanding commercial motor vehicle safety regulation required by law and incomplete for more than #b years4 7b7 ,contents ,each report under subsection 7a7 shall include a description of the work plan1 an updated rulemaking timeline1 current staff allocations1 any resource constraints1 and any other details associated with the development of the rulemaking4 #cbcjb4 ,statutory rulemaking ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall prioritize the use of ,federal ,motor ,carrier ,safety ,administration resources for the completion of each outstanding statutory requirement for a rulemaking before beginning any new rulemaking unless the ,secretary certifies to ,congress that there is a significant need to move forward with a new rulemaking4 #cbcjc4 ,guidance reform 7a7 ,guidance 7#a7 ,point of contact ,each guidance document1 other than a regulatory action1 issued by the ,federal ,motor ,carrier ,safety ,administration shall have a date of publication or a date of revision1 as applicable1 and the name and contact information of a point of contact at the ,federal ,motor ,carrier ,safety ,administration who can respond to questions regarding the general applicability of the guidance4 7#b7 ,public accessibility 7,a7 ,in general ,each guidance document and interpretation issued by the ,federal ,motor ,carrier ,safety ,administration shall be published on the ,department of ,transportation's public website on the date of issuance4 7,b7 ,redaction ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration may redact from a guidance document or interpretation under subparagraph 7,a7 any information that would reveal investigative techniques that would compromise ,federal ,motor ,carrier ,safety ,administration enforcement efforts4 7#c7 ,rulemaking ,not later than #e years after the date that a guidance document is published under paragraph 7#b7 or during the comprehensive review under subsection 7c71 whichever is earlier1 the ,secretary1 in consultation with the ,administrator1 shall revise the applicable regulations to incorporate the guidance document to the extent practicable4 7#d7 ,reissuance ,if a guidance document is not incorporated into the applicable regulations under paragraph 7#c71 the ,secretary shall-- 7,a7 reissue an updated guidance document2 and 7,b7 review and reissue an updated guidance document every #e years during the comprehensive review process under subsection 7c7 until the date that the guidance document is removed or incorporated into the applicable regulations under paragraph 7#c7 of this subsection4 7b7 ,update ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall review regulations1 guidance1 and enforcement policies published on the ,department of ,transportation's public website to ensure the regulations1 guidance1 and enforcement policies are current1 readily accessible to the public1 and meet the standards under subsection 7c77#a74 7c7 ,review 7#a7 ,in general ,subject to paragraph 7#b71 not less than once every #e years1 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall conduct a comprehensive review of its guidance and enforcement policies to determine whether-- 7,a7 the guidance and enforcement policies are consistent and clear2 7,b7 the guidance is uniformly and consistently enforceable2 and 7,c7 the guidance is still necessary4 7#b7 ,notice and comment ,prior to beginning the review1 the ,administrator shall publish in the ,federal ,register a notice and request for comment soliciting input from stakeholders on which regulations should be updated or eliminated4 7#c7 ,prioritization of outstanding petitions ,as part of the review under paragraph 7#a71 the ,administrator shall prioritize consideration of each outstanding petition 7as defined in section #cbcjd7;b7 of this ,act7 submitted by a stakeholder for rulemaking4 7#d7 ,report 7,a7 ,in general ,not later than #fj days after the date that a review under paragraph 7#a7 is complete1 the ,administrator shall publish on the ,department of ,transportation's public website a report detailing the review and a full inventory of guidance and enforcement policies4 7,b7 ,inclusions ,the report under subparagraph 7,a7 of this paragraph shall include a summary of the response of the ,federal ,motor ,carrier ,safety ,administration to each comment received under paragraph 7#b7 indicating each request the ,federal ,motor ,carrier ,safety ,administration is granting4 #cbcjd4 ,petitions 7a7 ,in general ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall-- 7#a7 publish on the ,department of ,transportation's public website all petitions for regulatory action submitted2 7#b7 prioritize stakeholder petitions based on the likelihood of providing safety improvements2 7#c7 formally respond to each petition by indicating whether the ,administrator will accept1 deny1 or further review1 the petition not later than #ahj days after the date the petition is published under paragraph 7#a72 7#d7 prioritize resulting actions consistent with an action's potential to reduce crashes1 improve enforcement1 and reduce unnecessary burdens2 and 7#e7 not later than #fj days after the date of receipt1 publish1 and update as necessary1 on the ,department of ,transportation's public website an inventory of the petitions described in paragraph 7#a71 including any applicable disposition information for that petition4 7b7 ,definition of petition ,in this section1 the term petition means a request for new regulations1 regulatory interpretations or clarifications1 or retrospective review of regulations to eliminate or modify obsolete1 ineffective1 or overly-burdensome rules4 #cbcje4 ,regulatory reform 7a7 ,regulatory impact analysis 7#a7 ,in general ,within each regulatory impact analysis of a proposed or final rule issued by the ,federal ,motor ,carrier ,safety ,administration1 the ,secretary shall whenever practicable-- 7,a7 consider effects of the proposed or final rule on a carrier with differing characteristics2 and 7,b7 formulate estimates and findings on the best available science4 7#b7 ,scope ,to the extent feasible and appropriate1 and consistent with law1 the analysis described in paragraph 7#a7 shall-- 7,a7 use data generated from a representative sample of commercial vehicle operators1 motor carriers1 or both1 that will be covered under the proposed or final rule2 and 7,b7 consider effects on commercial truck and bus carriers of various sizes and types4 7b7 ,public participation 7#a7 ,in general ,before promulgating a proposed rule under part ,b of subtitle ,,vi of title #di1 ,united ,states ,code1 if the proposed rule is likely to lead to the promulgation of a major rule the ,secretary shall-- 7,a7 issue an advance notice of proposed rulemaking2 or 7,b7 determine to proceed with a negotiated rulemaking4 7#b7 ,requirements ,each advance notice of proposed rulemaking issued under paragraph 7#a7 shall-- 7,a7 identify the compelling public concern for a potential regulatory action1 such as failures of private markets to protect or improve the safety of the public1 the environment1 or the well-being of the ,american people2 7,b7 identify and request public comment on the best available science or technical information on the need for regulatory action and on the potential regulatory alternatives2 7,c7 request public comment on the benefits and costs of potential regulatory alternatives reasonably likely to be included or analyzed as part of the notice of proposed rulemaking2 and 7,d7 request public comment on the available alternatives to direct regulation1 including providing economic incentives to encourage the desired behavior4 7#c7 ,waiver ,this subsection shall not apply when 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 an advance notice of proposed rulemaking impracticable1 unnecessary1 or contrary to the public interest4 7c7 ,savings clause ,nothing in this section may be construed to limit the contents of any ,advance ,notice of ,proposed ,rulemaking4 ,d ,state authorities #cbdja4 ,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 ,department of ,transportation2 7,c7 emergency response or recovery experts2 7,d7 relevant safety groups2 and 7,e7 persons 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 hurdles currently exist that prevent the expeditious ,state approval for 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 an emergency2 7#c7 a ,state could pre-designate an emergency route identified under paragraph 7#a7 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 period of emergency recovery2 and 7#d7 an online map could be created to identify each pre-designated emergency route under paragraph 7#b71 including information on specific limitations1 obligations1 and notification requirements along that route4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the working group shall submit to the ,secretary a report of its findings under this section and any recommendations for the implementation of the best practices for expeditious ,state approval of special permits for vehicles involved in emergency recovery4 ,upon receipt1 the ,secretary shall publish the report on a public website4 7d7 ,federal ,advisory ,committee ,act exemption ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the working group established under this section4 #cbdjb4 ,additional ,state authority ,notwithstanding any other provision of law1 not later than #ahj days after the date of enactment of this ,act1 any ,state impacted by section #djjf of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aje ,stat4 #badh7 shall be provided the option to update the routes listed in the final list as long as the update shifts routes to divided highways or does not increase centerline miles by more than #e percent and the change is expected to increase safety performance4 #cbdjc4 ,commercial driver access 7a7 ,interstate ,compact pilot program 7#a7 ,in general ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration may establish a #f-year pilot program to study the feasibility1 benefits1 and safety impacts of allowing a licensed driver between the ages of #ah and #ba to operate a commercial motor vehicle in interstate commerce4 7#b7 ,interstate ,compacts ,the ,secretary shall allow ,states1 including the ,district of ,columbia1 to enter into an interstate compact with contiguous ,states to allow a licensed driver between the ages of #ah and #ba to operate a motor vehicle across the applicable ,state lines4 ,the ,secretary shall approve as many as #c interstate compacts1 with no more than #d ,states per compact participating in each interstate compact4 7#c7 ,mutual recognition of licenses ,a valid intrastate commercial driver's licenses issued by a ,state participating in an interstate compact under paragraph 7#b7 shall be recognized as valid not more than #ajj air miles from the border of the driver's ,state of licensure in each ,state that is participating in that interstate compact4 7#d7 ,standards ,in developing an interstate compact under this subsection1 participating ,states shall provide for minimum licensure standards acceptable for interstate travel under this section1 which may include1 for a licensed driver between the ages of #ah and #ba participating in the pilot program-- 7,a7 age restrictions2 7,b7 distance from origin 7measured in air miles72 7,c7 reporting requirements2 or 7,d7 additional hours of service restrictions4 7#e7 ,limitations ,an interstate compact under paragraph 7#b7 may not permit special configuration or hazardous cargo operations to be transported by a licensed driver under the age of #ba4 7#f7 ,additional requirements ,the ,secretary may-- 7,a7 prescribe such additional requirements1 including training1 for a licensed driver between the ages of #ah and #ba participating in the pilot program as the ,secretary considers necessary2 and 7,b7 provide risk mitigation restrictions and limitations4 7b7 ,approval ,an interstate compact under subsection 7a77#b7 may not go into effect until it has been approved by the governor of each ,state 7or the ,mayor of the ,district of ,columbia1 if applicable7 that is a party to the interstate compact1 after consultation with the ,secretary of ,transportation and the ,administrator of the ,federal ,motor ,carrier ,safety ,administration4 7c7 ,data collection ,the ,secretary shall collect and analyze data relating to accidents 7as defined in section #cij4e of title #di1 ,code of ,federal ,regulations7 in which a driver under the age of #ba participating in the pilot program is involved4 7d7 ,report ,beginning #c years after the date the first compact is established and approved1 the ,secretary shall submit to ,congress a report containing the data collection and findings of the pilot program1 a determination of whether a licensed driver between the ages of #ah and #ba can operate a commercial motor vehicle in interstate commerce with an equivalent level of safety1 and the reasons for that determination4 ,the ,secretary may extend the air mileage requirements under subsection 7a77#c7 to expand operation areas and gather additional data for analysis4 7e7 ,termination ,the ,secretary may terminate the pilot program if the data collected under subsection 7c7 indicates that drivers under the age of #ba do not operate in interstate commerce with an equivalent level of safety of those drivers age #ba and over4 ,e ,motor carrier safety grant consolidation #cbeja4 ,definitions 7a7 ,in general ,section #caaja is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,secretary means the ,secretary of ,transportation4 4 7b7 ,technical and conforming amendments ,section #caaja1 as amended by subsection 7a71 is amended-- 7#a7 in paragraph 7#a77;,b71 by inserting a comma after passengers2 and 7#b7 in paragraph 7#a77;,c71 by striking of ,transportation4 #cbejb4 ,grants to ,states 7a7 ,motor ,carrier ,safety ,assistance ,program ,section #caajb is amended to read as follows3 #caajb4 ,motor ,carrier ,safety ,assistance ,program 7a7 ,in general ,the ,secretary 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-- 7#a7 by making targeted investments to promote safe commercial motor vehicle transportation1 including the transportation of passengers and hazardous materials2 7#b7 by investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and fatalities resulting from such crashes2 7#c7 by adopting and enforcing effective motor carrier1 commercial motor vehicle1 and driver safety regulations and practices consistent with ,federal requirements2 and 7#d7 by assessing and improving statewide performance by setting program goals and meeting performance standards1 measures1 and benchmarks4 7c7 ,state plans 7#a7 ,in general ,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 safety1 adopting and enforcing compatible 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 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 in the plan 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 under section #ajb of the ,comprehensive ,drug ,abuse ,prevention and ,control ,act of #aigj 7#ba ,u4,s4,c4 #hjb7 and listed in part #acjh of title #ba1 ,code of ,federal ,regulations1 as updated and republished from time to 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 of this title1 and regulations issued under these 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 both noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles2 7,u7 provides that the ,state will enforce the registration requirements of sections #acijb and #caacd of this title by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under 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 station1 terminal1 border crossing1 maintenance facility1 destination1 or other location where adequate food1 shelter1 and sanitation facilities are available for passengers1 and reasonable accommodations are available for passengers with disabilities2 7,x7 ensures that the ,state will transmit to its roadside inspectors the notice of each ,federal exemption granted under section #cacae7;b7 of this title and sections #cij4bc and #cij4be of title #di of the ,code of ,federal ,regulations and provided to the ,state by the ,secretary1 including the name of the person granted the exemption and any terms and conditions that apply to the exemption2 7,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;g7 of this title2 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 system management under section #caajf7;b7 not later than ,october #a1 #bjbj1 by complying with the conditions for participation under paragraph 7#c7 of that section2 7,,aa7 provides that a ,state that shares a land border with another country-- 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 provides that a ,state that meets the other requirements of this section and agrees to comply with the requirements established in subsection 7l77#c7 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 the ,department of ,transportation's public website not later than #cj days after the date the ,secretary approves the plan or update4 7,b7 ,limitation ,before posting 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 #cbejh of the ,comprehensive ,transportation and ,consumer ,protection ,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 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 #cbejh of the ,comprehensive ,transportation and ,consumer ,protection ,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 #cbejh of the ,comprehensive ,transportation and ,consumer ,protection ,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 fiscal year if the ,secretary determines that a 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 ,state expenditure 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 of this title 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 of this title or maintenance of effort required by subsection 7f7 of this section4 7h7 ,use of grants ,to enforce other laws ,when approved in the ,states' plan under subsection 7c71 a ,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 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 safety2 and 7#c7 for the enforcement of household goods regulations on intrastate and interstate carriers if the ,state has adopted laws or regulations compatible with the ,federal household goods regulations4 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 in 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 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 #cbejh of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae 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 an approved ,state plan 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 the ,state plan previously approved is not being followed or has become inadequate to ensure enforcement of the regulations1 standards1 or orders1 or the ,state is otherwise not in compliance with the requirements of this section1 the ,secretary may withdraw approval of the plan and notify the ,state4 ,the plan is no longer in effect once the ,state receives notice1 and the ,secretary shall withhold all funding under this section4 7,b7 ,noncompliance withholding ,in lieu of withdrawing approval of the plan1 the ,secretary may1 after providing notice 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 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 financial assistance program 7#a7 ,in general ,the ,secretary shall administer a high priority financial assistance 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 purpose of this paragraph is to make discretionary grants to and 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 non-commercial motor vehicles in areas identified as high risk crash corridors2 7,c7 support the enforcement of ,state household goods regulations on intrastate and interstate carriers if the ,state has adopted laws or regulations compatible with the ,federal household good laws2 7,d7 improve the safe and secure movement of hazardous materials2 7,e7 improve safe transportation of goods and persons in foreign commerce2 7,f7 demonstrate new technologies to improve commercial motor vehicle safety2 7,g7 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,h7 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,i7 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 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 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 operation1 and maintenance costs associated with innovative technology deployment with funds made available under both sections #caajd7;a77#a7 and #caajd7;a77#b7 of this title4 4 7b7 ,commercial ,motor ,vehicle ,operators ,grant ,program ,section #caajc 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 4 7c7 ,authorization of appropriations ,section #caajd is amended 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 for the following ,federal ,motor ,carrier ,safety ,administration ,financial ,assistance ,programs3 7#a7 ,motor carrier safety assistance program ,subject to paragraph 7#b7 of this subsection and subsection 7c7 of this section1 to carry out section #caajb-- 7,a7 #bie1fcf1jjj for fiscal year #bjag2 7,b7 #cja1hde1jjj for fiscal year #bjah2 7,c7 #cjh1ahc1jjj for fiscal year #bjai2 7,d7 #cad1fee1jjj for fiscal year #bjbj2 and 7,e7 #cba1bfc1jjj for fiscal year #bjba4 7#b7 ,high priority activities financial assistance program ,subject to subsection 7c71 to make grants and cooperative agreements under section #caajb7l7 of this title1 the ,secretary may set aside from amounts made available under paragraph 7#a7 of this subsection up to-- 7,a7 #db1cbc1jjj for fiscal year #bjag2 7,b7 #dc1bab1jjj for fiscal year #bjah2 7,c7 #dd1aai1jjj for fiscal year #bjai2 7,d7 #de1jdf1jjj for fiscal year #bjbj2 and 7,e7 #de1iib1jjj 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 financial assistance program ,subject to subsection 7c71 to carry out section #cacac-- 7,a7 #ca1bgc1jjj for fiscal year #bjag2 7,b7 #ca1icj1jjj for fiscal year #bjah2 7,c7 #cb1fjj1jjj for fiscal year #bjai2 7,d7 #cc1bhe1jjj for fiscal year #bjbj2 and 7,e7 #cc1ihd1jjj 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 these 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 section #caajb1 #caajc1 or #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 these 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 7#a7 ,in general ,the period of availability for a recipient to expend 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 it is obligated and for the next fiscal year4 7,b7 ,for grants or cooperative agreements made for carrying out section #caajb7l77#b71 for the fiscal year in which it is obligated and for the next #b fiscal years4 7,c7 ,for grants made for carrying out section #caajb7l77#c71 for the fiscal year in which it is obligated and for the next #d fiscal years4 7,d7 ,for grants made for carrying out section #caajc1 for the fiscal year in which it is obligated and for the next fiscal year4 7,e7 ,for grants or cooperative agreements made for carrying out #cacac1 for the fiscal year in which it is obligated and for the next #d fiscal years4 7#b7 ,reobligation ,amounts not expended by a recipient during the period of availability shall be released back to the ,secretary for reobligation for any purpose under sections #caajb1 #caajc1 #caajd1 and #cacac in accordance with subsection 7i7 of this section4 7g7 ,contract authority2 initial date of availability ,amounts authorized from the ,highway ,trust ,fund by this section shall be available for obligation on the date of their apportionment or allocation or on ,october #a of the fiscal year for which they are authorized1 whichever occurs first4 7h7 ,availability of funding ,amounts made available under this section shall remain available until expended4 7i7 ,transfer of obligation authority 7#a7 ,in general ,of the contract authority authorized for motor carrier safety grants1 the ,secretary shall have authority to transfer available unobligated contract authority and associated liquidating cash within or between ,federal financial assistance programs authorized under this section and make new ,federal financial assistance awards under this section4 7#b7 ,cost estimates ,of the funds transferred1 the contract authority and associated liquidating cash or obligations and expenditures stemming from ,federal financial assistance awards made with this contract authority shall not be scored as new obligations by the ,office of ,management and ,budget or by the ,secretary4 7#c7 ,no limitation on total of obligations ,notwithstanding any other provision of law1 no limitation on the total of obligations for ,federal financial assistance programs carried out by the ,federal ,motor ,carrier ,safety ,administration under this section shall apply to unobligated funds transferred under this subsection4 4 7d7 ,technical and conforming amendments 7#a7 ,safety fitness of owners and operator2 safety reviews of new operators ,section #caadd7;g7 is amended by striking paragraph 7#e74 7#b7 ,information systems2 performance and registration information program ,section #caajf7;b7 is amended by striking paragraph 7#d74 7#c7 ,border enforcement grants ,section #caajg is repealed4 7#d7 ,performance and registration information system management ,section #caaji is repealed4 7#e7 ,table of contents ,the table of contents of chapter #caa is amended-- 7,a7 by striking the items relating to #caajg and #caaji2 and 7,b7 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 7#f7 ,grants for commercial driver's license program implementation ,section #cacac7;a71 as amended by section #cbejf of this ,act1 is further amended by striking ,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#b7 and inserting ,the ,secretary of ,transportation shall administer a financial assistance program for commercial driver's license program implementation funded under section #caajd of this title for the purposes described in paragraphs 7#a7 and 7#b74 7#g7 ,commercial vehicle information systems and networks deployment ,section #dabf of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajf note7 is repealed4 7#h7 ,safety data improvement program ,section #dabh of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajj note7 is repealed4 7#i7 ,grant program for commercial motor vehicle operators ,section #dacd of ,,safetea-,,lu 7#di ,u4,s4,c4 #cacja note7 is repealed4 7#aj7 ,winter home heating oil delivery ,state flexibility program ,section #cdf of ,national ,highway ,system ,designation ,act of #aiie 7#di ,u4,s4,c4 #caaff note7 is repealed4 7#aa7 ,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#ab7 ,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#ac7 ,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#a71 by striking under 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 7e7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjaf4 7f7 ,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 7d7 of this section1 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 #cbejc4 ,new entrant safety review program study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,office of ,inspector ,general of the ,department of ,transportation shall report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure in the ,house of ,representatives on its assessment of the new operator safety review program1 required under section #caadd7;g7 of title #di1 ,united ,states ,code1 including the program's effectiveness in reducing commercial motor vehicles involved in crashes1 fatalities1 and injuries1 and in improving commercial motor vehicle safety4 7b7 ,report ,not later than #ij days after completion of the report under subsection 7a71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure in the ,house of ,representatives a report on the actions the ,secretary will take to address any recommendations included in the study under subsection 7a74 7c7 ,paperwork ,reduction ,act of #aiie2 exception ,the study and the ,office of the ,inspector ,general assessment shall not be subject to section #cejf or section #cejg of title #dd1 ,united ,states ,code4 #cbejd4 ,performance and registration information systems management ,section #caajf7;b7 is amended in the heading by striking program and inserting systems management4 #cbeje4 ,authorization of appropriations 7a7 ,in general ,subchapter ,i of chapter #caa is amended by adding at the end the following3 #caaaj4 ,authorization of appropriations 7a7 ,administrative expenses ,there are 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 #bfd1dci1jjj for fiscal year #bjaf2 7#b7 #bfi1iib1jjj for fiscal year #bjag2 7#c7 #bge1ffb1jjj for fiscal year #bjah2 7#d7 #bha1dea1jjj for fiscal year #bjai2 7#e7 #bhg1cfa1jjj for fiscal year #bjbj2 and 7#f7 #bic1cif1jjj for fiscal year #bjba4 7b7 ,use of funds ,the funds authorized by this section shall be used-- 7#a7 for personnel costs2 7#b7 for administrative infrastructure2 7#c7 for rent2 7#d7 for information technology2 7#e7 for programs for research and technology1 information management1 regulatory development1 the administration of the performance and registration information systems management2 7#f7 for programs for outreach and education under subsection 7d72 7#g7 to fund the motor carrier safety facility working capital fund established under subsection 7c72 7#h7 for other operating expenses2 7#i7 to conduct safety reviews of new operators2 and 7#aj7 for 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 ,motor carrier safety facility working capital fund 7#a7 ,in general ,the ,secretary may establish a motor carrier safety facility working capital fund4 7#b7 ,purpose ,amounts in the fund shall be available for modernization1 construction1 leases1 and expenses related to vacating1 occupying1 maintaining1 and expanding motor carrier safety facilities1 and associated activities4 7#c7 ,availability ,amounts in the fund shall be available without regard to fiscal year limitation4 7#d7 ,funding ,amounts may be appropriated to the fund from the amounts made available in subsection 7a74 7#e7 ,fund transfers ,the ,secretary may transfer funds to the working capital fund from the amounts made available in subsection 7a7 or from other funds as identified by the ,secretary4 7d7 ,outreach and education program 7#a7 ,in general ,the ,secretary may conduct1 through any combination of grants1 contracts1 cooperative agreements1 or 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 program for which a grant1 contract1 or cooperative agreement is made under this subsection may be up to #ajj percent of the cost of the grant1 contract1 or cooperative agreement4 7#c7 ,funding ,from amounts made available in subsection 7a71 the ,secretary shall make available such sums as are necessary to carry out this subsection each fiscal year4 7e7 ,contract authority2 initial date of availability ,amounts authorized from the ,highway ,trust ,fund by this section shall be available for obligation on the date of their apportionment or allocation or on ,october #a of the fiscal year for which they are authorized1 whichever occurs first4 7f7 ,funding availability ,amounts made available under this section shall remain available until expended4 7g7 ,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 ,technical and conforming amendments 7#a7 ,administrative expenses2 authorization of appropriations ,section #caajd is amended-- 7,a7 by striking subsection 7i72 and 7,b7 by redesignating subsections 7j7 and 7k7 and 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 is amended by striking #caajd7;i7 and inserting #caaaj4 7#d7 ,,safetea-,,lu2 outreach and education ,section #dabg of ,,safetea-,,lu 7#aai ,stat4 #agda2 ,public ,law #aji-ei7 is repealed4 7#e7 ,table of contents ,the table of contents of subchapter ,i of chapter #caa is amended by adding at the end the following3 #caaaj4 ,authorization of appropriations4 4 #cbejf4 ,commercial driver's license program implementation 7a7 ,in general ,section #cacac 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 ,the ,secretary of ,transportation may make a grant to a ,state agency in a fiscal year-- 7,a7 to comply with the requirements of section #cacaa2 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 its 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 or cooperative agreement in a fiscal year to a ,state agency1 local government1 or any person for research1 development or testing1 demonstration projects1 public education1 or other special activities and projects relating to commercial driver's licensing and motor vehicle safety that-- 7,a7 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 ,state or recipient described in subsection 7a77#b7 according to criteria prescribed by the ,secretary4 4 7b7 ,technical and conforming amendments ,the table of contents of chapter #cac 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 #cbejg4 ,extension of ,federal motor carrier safety programs for fiscal year #bjaf 7a7 ,motor carrier safety assistance program grant extension ,section #caajd7;a7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting and1 for fiscal year #bjaf1 sections #caajb1 #caajg1 and #caaji of this title and section #dabh of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajj note7 after #caajb2 7#b7 in paragraph 7#i71 by striking and at the end2 and 7#c7 by striking paragraph 7#aj7 and inserting the following3 7#aj7 #bah1jjj1jjj for fiscal year #bjae2 and 7#aa7 #8#bei1jjj1jjj for fiscal year #bjaf4 4 7b7 ,extension of grant programs ,section #daja7;c7 ,,safetea-,,lu 7#aai ,stat4 #agae2 ,public ,law #aji-ei71 is amended to read as follows3 7c7 ,grant programs funding ,there are authorized to be appropriated from the ,highway ,trust ,fund the following sums for the following ,federal ,motor ,carrier ,safety ,administration programs3 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 #cj1jjj1jjj for fiscal year #bjaf4 7#b7 ,border enforcement grants ,from amounts made available under section #caajd7;a7 of title #di1 ,united ,states ,code1 for border enforcement grants under section #caajg of that title1 #cb1jjj1jjj for fiscal year #bjaf4 7#c7 ,performance and registration information systems management grant programs ,from amounts made available under section #caajd7;a7 of title #di1 ,united ,states ,code1 for the performance and registration information systems management grant program under section #caaji of that title1 #e1jjj1jjj 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 7the innovative technology deployment program71 #be1jjj1jjj1 for fiscal year #bjaf4 7#e7 ,safety data improvement grants ,from amounts made available under section #caajd7;a7 of title #di1 ,united ,states ,code1 for safety data improvement grants under section #dabh of this ,act1 #c1jjj1jjj for fiscal year #bjaf4 4 7c7 ,high-priority activities ,section #caajd7;j77#b71 as redesignated by section #cbeje of this ,act is amended by striking #bjae and inserting #bjaf4 7d7 ,new entrant audits ,section #caadd7;g77#e77;,b7 is amended to read as follows3 7,b7 ,set aside ,the ,secretary shall set aside from amounts made available by 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 the commercial motor vehicle operators grant program4 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#b71 by adding at the end the following3 ,funds deobligated by the ,secretary from previous year grants shall not be counted towards the #b1ejj1jjj maximum aggregate amount for core deployment42 and 7ii7 in paragraph 7#c71 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#d71 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 #cbejh4 ,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 7referred to in this section as the working group4 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 a new motor carrier safety assistance program allocation formula4 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 ,motor ,carrier ,safety ,assistance ,program allocation formula4 7#e7 ,,faca 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 public website summaries of its meetings1 and the final recommendation provided to the ,secretary4 7b7 ,notice of proposed rulemaking ,after receiving the recommendation under subsection 7a77#d71 the ,secretary shall publish in the ,federal ,register a notice seeking public comment on a new allocation formula for the motor carrier safety assistance program under section #caajb of title #di1 ,united ,states ,code4 7c7 ,basis for formula ,the ,secretary shall ensure that the new allocation formula 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 section #caajb of title #di1 ,united ,states ,code2 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 a new allocation formula 7#a7 ,interim formula ,prior to the development of the new allocation formula1 the ,secretary may calculate the interim funding amounts for the motor carrier safety assistance 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 section #cbejb of this ,act1 by the following methodology3 7,a7 ,the ,secretary shall calculate the funding amount using the allocation formula the ,secretary used to award motor carrier safety assistance program funding in fiscal year #bjaf under section #bejg of this ,act4 7,b7 ,the ,secretary shall average the funding awarded or other equitable amounts to a ,state in fiscal years #bjac1 #bjad1 and #bjae for border enforcement grants awarded under section #cbfjc7;c7 of ,,map-#ba 7#abf ,stat4 #hjg2 ,public ,law #aab-ada7 and new entrant audit grants awarded under that section1 or other equitable amounts4 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 under section #cbfjc7;a7 of ,,map-#ba 7#abf ,stat4 #hjg2 ,public ,law #aab-ada72 7,b7 border enforcement grants awarded under section #cbfjc7;a7 of ,,map-#ba 7#abf ,stat4 #hjg2 ,public ,law #aab-ada72 and 7,c7 new entrant audit grants awarded under section #cbfjc7;a7 of ,,map-#ba 7#abf ,stat4 #hjg2 ,public ,law #aab-ada74 7#c7 ,immediate relief ,in developing the new allocation formula1 the ,secretary shall provide immediate relief for at least #c fiscal years to all ,states currently subject to the withholding provisions of ,motor ,carrier ,safety ,assistance ,program funds for matters of noncompliance4 7#d7 ,future withholdings ,beginning on the date that the new allocation formula is implemented1 the ,secretary shall impose all future withholdings in accordance with section #caajb7k7 of title #di1 ,united ,states ,code1 as amended by section #cbejb of this ,act4 7e7 ,termination of effectiveness ,this section expires upon the implementation of a new ,motor ,carrier ,safety ,assistance ,program ,allocation ,formula4 #cbeji4 ,maintenance of effort calculation 7a7 ,before new allocation formula 7#a7 ,fiscal year #bjag ,if a new allocation formula has not been established for fiscal year #bjag1 then1 for fiscal year #bjag1 the ,secretary of ,transportation shall calculate the maintenance of effort required under section #caajb7;f7 of title #di1 ,united ,states ,code1 as amended by section #cbejb of this ,act1 by averaging the expenditures for fiscal years #bjjd and #bjje required by section #cbfja7;a77#e7 of ,,map-#ba 7,public ,law #aab-ada71 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 for fiscal year #bjag and each fiscal year thereafter if a new allocation formula has not been established4 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 is established under section #bejh1 upon the request of a ,state1 the ,secretary may modify the baseline maintenance of effort required by section #caajb7;e7 of title #di1 ,united ,states ,code1 as amended by section #cbejb of this ,act1 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 section #cbejb of this ,act1 does not exceed a sum greater than the average of the total amount of ,state maintenance of effort and matching expenditures 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 according to the following methodology3 7,a7 ,the ,secretary shall establish the maintenance of effort using the average of fiscal years #bjjd and #bjje1 as required by section #cbfja7;a77#e7 of ,,map-#ba 7,public ,law #aab-ada74 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 section #cbejb of this ,act4 7,d7 ,the ,secretary will subtract the amount in subparagraph 7,b7 from the amount in subparagraph 7,c7 and-- 7i7 if the number is greater than #j1 then the ,secretary shall subtract the number from the amount in subparagraph 7,a72 or 7ii7 if the number is not greater than #j1 then 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 in paragraph 7#b7 as the baseline maintenance of effort required in section #caajb7;f7 of title #di1 ,united ,states ,code1 as amended by section #cbejb of this ,act4 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 the new allocation formula under section #cbejh1 the ,secretary shall calculate the maintenance of effort using the methodology in paragraph 7#b77;,a7 of this subsection4 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 section #cbejb of this ,act4 7c7 ,termination of effectiveness ,the authority under this section terminates effective on the date that the new maintenance of effort is calculated based on the new allocation formula implemented under section #cbejh4 ,f ,miscellaneous provisions #cbfja4 ,windshield technology 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall revise the regulations in section #cic4fj7;e7 of title #di1 ,code of ,federal ,regulations 7relating to the prohibition on obstructions to the driver's field of view7 to exempt from that section the voluntary mounting on a windshield of vehicle safety technology likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved absent the exemption4 7b7 ,definition of vehicle safety technology ,in this section1 vehicle safety technology includes fleet-related incident management system1 performance or behavior management system1 speed management system1 lane departure warning system1 forward collision warning or mitigation system1 active cruise control system1 and any other technology that the ,secretary considers applicable4 7c7 ,rule of construction ,for purposes of this section1 any windshield mounted technology with a short term exemption under part #cha of title #di1 ,code of ,federal ,regulations1 on the day before the date of enactment of this ,act1 shall be considered likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved absent an exemption under subsection 7a74 #cbfjb4 ,electronic logging devices requirements ,section #caacg7;b7 is amended-- 7#a7 in paragraph 7#a77;,c71 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 driveaway-towaway operation 7as defined in section #cij4e of title #di1 ,code of ,federal ,regulations7 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 #cbfjc4 ,lapse of required financial security2 suspension of registration ,section #acijf7;e7 is amended by inserting or suspend after revoke4 #cbfjd4 ,access to ,national ,driver ,register ,section #cjcje7;b7 is amended by adding at the end the following3 7#ac7 ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration may request the chief driver licensing official of a ,state to provide information under subsection 7a7 of this section about an individual in connection with a safety investigation under the ,administrator's jurisdiction4 4 #cbfje4 ,study on commercial motor vehicle driver commuting 7a7 ,effects of commuting ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall conduct a study of the effects of motor carrier operator commutes exceeding #aej minutes commuting time on safety and commercial motor vehicle driver fatigue4 7b7 ,study ,in conducting the study1 the ,administrator shall consider-- 7#a7 the prevalence of driver commuting in the commercial motor vehicle industry1 including the number and percentage of drivers who commute2 7#b7 the distances traveled1 time zones crossed1 time spent commuting1 and methods of transportation used2 7#c7 research on the impact of excessive commuting on safety and commercial motor vehicle driver fatigue2 7#d7 the commuting practices of commercial motor vehicle drivers and policies of motor carriers2 7#e7 the ,federal ,motor ,carrier ,safety ,administration regulations1 policies1 and guidance regarding driver commuting2 and 7#f7 any other matters the ,administrator considers appropriate4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report containing the findings under the study and any recommendations for legislative action concerning driver commuting4 #cbfjf4 ,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 include1 at a minimum1 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 one year after the date of enactment of this ,act1 the working group shall make the recommendations described in paragraph 7#a7 which the ,secretary shall publish on a public website4 7d7 ,report ,not later than #a year after the date on which the working group makes its recommendations1 the ,secretary shall issue a report to ,congress on the implementation of such recommendations4 7e7 ,federal advisory committee act exemption ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the working group established under this section4 7f7 ,termination ,the working group shall terminate #b years after the date of enactment of this ,act4 #cbfjg4 ,interstate van operations ,section #dacf of ,,safetea-,,lu 7,public ,law #aji-ei2 #aai ,stat4 #agde2 #di ,u4,s4,c4 #caaf note7 is amended by inserting with the exception of commuter vanpool operations1 which shall remain exempt before the period at the end4 #cbfjh4 ,report on design and implementation of wireless roadside inspection systems 7a7 ,in general ,not later than #ahj days 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 ,transportation and ,infrastructure of the ,house of ,representatives a report regarding the design1 development1 testing1 and implementation of wireless roadside inspection systems4 7b7 ,elements ,the report required under subsection 7a7 shall include a determination as to whether wireless roadside inspection systems-- 7#a7 conflict with existing non-,federal electronic screening systems1 or create capabilities already available2 7#b7 require additional statutory authority to incorporate generated inspection data into the safety measurement system or the safety fitness determinations program2 and 7#c7 provide appropriate restrictions to specifically address privacy concerns of affected motor carriers and operators4 #cbfji4 ,motorcoach hours of service study 7a7 ,requirement before implementing new rules 7#a7 ,in general ,the ,secretary may not amend1 adjust1 or revise the driver hours of service regulations for motor carriers of passengers1 by rulemaking or any other means1 until the ,secretary conducts a formal study that properly accounts for operational differences and variances in crash data for drivers in intercity motorcoach service and interstate property carrier operations and between segments of the intercity motorcoach industry4 7#b7 ,contents ,the study required under paragraph 7#a7 shall include-- 7,a7 the impact of the current hours of service regulations for motor carriers of passengers on fostering safe operation of intercity motorcoaches2 7,b7 the separation of the failures of the current passenger carrier hours-of-service regulations and the lack of enforcement of the current regulations by ,federal and ,state agencies2 7,c7 the correlation of noncompliance with current passenger carrier hours of service rule to passenger carrier accidents using data from #bjjj through #bjac2 and 7,d7 how passenger carrier crashes could have been mitigated by any changes to passenger carrier hours of service rules4 7b7 ,emergency regulations ,nothing in this section may be construed to affect the ,secretary's existing authority to provide relief from the hours of service regulations in the event of an emergency under section #cij4bcb of title #di1 ,code of ,federal ,regulations4 #cbfaj4 ,,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 submit1 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 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 #cbfaa4 ,use of hair testing for preemployment and random controlled substances tests 7a7 ,short title ,this section may be cited as the ,drug ,free ,commercial ,driver ,act of #bjae4 7b7 ,authorization of hair testing as an acceptable procedure for preemployment and random controlled substance tests ,section #cacjf is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7,b7 in subparagraph 7,a71 by striking ,the regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol4 and inserting 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 urinalysis-- 7,i7 in conducting preemployment screening for the use of a controlled substance2 and 7,,ii7 in conducting random screening for the use of a controlled substance by individuals who were subject to preemployment screening4 2 and 7#b7 in subsection 7c77#b7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by inserting and after the semicolon2 and 7,c7 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 7c7 ,exemption from mandatory urinalysis 7#a7 ,in general ,any motor carrier that demonstrates1 to the satisfaction of the ,administrator of the ,federal ,motor ,carrier ,safety ,administration1 in consultation with the ,department of ,health and ,human ,services1 that it can carry out an applicable hair testing program1 consistent with generally accepted industry standards1 to detect the use of a controlled substance by commercial motor vehicle operators1 may apply to the ,administrator for an exemption from the mandatory urinalysis testing requirements set forth in subpart ,c of part #chb of title #di1 ,code of ,federal ,regulations until a final rule is issued implementing the amendments made by subsection 7b74 7#b7 ,evaluation of applications 7,a7 ,in general ,in evaluating applications for an exemption under paragraph 7#a71 the ,administrator1 in consultation with the ,department of ,health and ,human ,services1 shall determine if the applicant's testing program employs procedures and protections similar to fleets that have carried out hair testing programs for at least #a year4 7,b7 ,requirements ,a testing program may not receive an exemption under paragraph 7#a7 unless the applicable testing laboratories-- 7i7 have obtained laboratory accreditation specific to hair testing from an accrediting body1 compliant with international or other ,federal standards1 as appropriate1 such as the ,college of ,american ,pathologists2 and 7ii7 utilize hair testing assays that have been cleared by the ,food and ,drug ,administration under section #eaj7k7 of the ,federal ,food1 ,drug and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj7k774 7#c7 ,deadline for decisions ,not later than #ij days after receiving an application from a motor carrier under this subsection1 the ,administrator1 in consultation with the ,secretary of ,health and ,human ,services1 shall determine whether the motor carrier is exempt from the testing requirements described in paragraph 7#a74 7#d7 ,reporting requirement ,any motor carrier that is granted an exemption under paragraph 7#a7 shall submit records to the national clearinghouse established under section #cacjf;a of title #di1 ,united ,states ,code1 relating to all positive test results and test refusals from the hair testing program described in that paragraph4 7d7 ,guidelines for hair testing ,not later than #a year after the date of the 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 ,code1 as amended by subsection 7b74 ,when issuing the scientific and technical guidelines1 the ,secretary of ,health and ,human ,services may consider differentiating between exposure to1 and usage of1 various controlled substances4 7e7 ,annual report to ,congress ,the ,secretary shall submit an annual report to ,congress that-- 7#a7 summarizes the results of preemployment and random drug testing using both hair testing and urinalysis2 7#b7 evaluates the efficacy of each method2 and 7#c7 determines which method provides the most accurate means of detecting the use of controlled substances over time4 ,,xxxiii ,hazardous materials #ccaja4 ,endorsements 7a7 ,exclusions ,section #eaag7;d77#a7 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,d7 a service vehicle 7as defined in section #ccaja of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae7 carrying diesel fuel in quantities of #c1ghe liters 7#a1jjj gallons7 or less that is-- 7i7 driven by a class ,a commercial driver's license holder who is a custom harvester1 an agricultural retailer1 an agricultural business employee1 an agricultural cooperative employee1 or an agricultural producer2 and 7ii7 clearly marked with a placard reading ,diesel ,fuel4 4 7b7 ,hazardous materials endorsement exemption ,the ,secretary shall exempt all class ,a commercial driver's license holders who are custom harvesters1 agricultural retailers1 agricultural business employees1 agricultural cooperative employees1 or agricultural producers from the requirement to obtain a hazardous materials endorsement under part #chc of title #di1 ,code of ,federal ,regulations1 while operating a service vehicle carrying diesel fuel in quantities of #c1ghe liters 7#a1jjj gallons7 or less if the tank containing such fuel is clearly marked with a placard reading ,diesel ,fuel4 7c7 ,definition of service vehicle ,in this section1 the term service vehicle means a vehicle carrying diesel fuel that will be deductible as a profit-seeking activity-- 7#a7 under section #afb of the ,internal ,revenue ,code of #aihf as a business expense2 or 7#b7 under section #bab of the ,internal ,revenue ,code of #aihf as a production of income expense4 #ccajb4 ,enhanced reporting ,section #eaba7;h7 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 post on the ,department of ,transportation public website4 #ccajc4 ,hazardous material information 7a7 ,derailment data 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall revise the form for reporting a rail equipment accident or incident under section #bbe4ba of title #di1 ,code of ,federal ,regulations 7,form ,,fra ,f #fahj4ed1 ,rail ,equipment ,accident_/,incident ,report71 including to its instructions1 to require additional data concerning rail cars carrying crude oil or ethanol that are involved in a reportable rail equipment accident or incident under part #bbe of that title4 7#b7 ,contents ,the data under subsection 7a7 shall include-- 7,a7 the number of rail cars carrying crude oil or ethanol2 7,b7 the number of rail cars carrying crude oil or ethanol damaged or derailed2 and 7,c7 the number of rail cars releasing crude oil or ethanol4 7#c7 ,differentiation ,the data described in paragraph 7#b7 shall be reported separately for crude oil and for ethanol4 7b7 ,database connectivity 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall implement information management practices to ensure that the ,pipeline and ,hazardous ,materials ,safety ,administration ,hazardous ,materials ,incident ,reports ,database 7referred to in this section as ,incident ,reports ,database7 and the ,federal ,railroad ,administration ,railroad ,safety ,information ,system contain accurate and consistent data on a reportable rail equipment accident or incident under part #bbe of title #di1 ,code of ,federal ,regulations1 involving the release of hazardous materials4 7#b7 ,identifiers ,the ,secretary shall ensure that the ,incident ,reports ,database uses a searchable ,federal ,railroad ,administration report number1 or other applicable unique identifier that is linked to the ,federal ,railroad ,safety ,information ,system1 for each reportable rail equipment accident or incident under part #bbe of title #di1 ,code of ,federal ,regulations1 involving the release of hazardous materials4 7c7 ,evaluation 7#a7 ,in general ,the ,department of ,transportation ,inspector ,general shall-- 7,a7 evaluate the accuracy of information in the ,incident ,reports ,database1 including determining whether any inaccuracies exist in-- 7i7 the type of hazardous materials released2 7ii7 the quantity of hazardous materials released2 7iii7 the location of hazardous materials released2 7iv7 the damages or effects of hazardous materials released2 and 7v7 any other data contained in the database2 and 7,b7 considering the requirements in subsection 7b71 evaluate the consistency and accuracy of data involving accidents or incidents reportable to both the ,pipeline and ,hazardous ,materials ,safety ,administration and the ,federal ,railroad ,administration1 including whether the ,incident ,reports ,database uses a searchable identifier described in subsection 7b77#b74 7#b7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,department of ,transportation ,inspector ,general 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 of the findings under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 and recommendations for resolving any inconsistencies or inaccuracies4 7d7 ,savings clause ,nothing in this section may be construed to prohibit the ,secretary from requiring other commodity-specific information for any reportable rail equipment accident or incident under part #bbe of title #di1 ,code of ,federal ,regulations4 #ccajd4 ,national emergency and disaster response 7a7 ,purpose ,section #eaja is amended by inserting and and to facilitate the safe movement of hazardous materials during national emergencies after commerce4 7b7 ,general regulatory authority ,section #eajc 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 disaster and emergency areas ,the ,secretary1 in consultation with the ,secretary of ,homeland ,security1 may prescribe standards to facilitate the safe movement of hazardous materials into1 from1 and within a federally declared disaster area or a national emergency area4 4 #ccaje4 ,authorization of appropriations ,section #eabh 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 #dc1ffj1jjj for fiscal year #bjaf2 7#b7 #dd1egg1jjj for fiscal year #bjag2 7#c7 #de1eac1jjj for fiscal year #bjah2 7#d7 #df1dfi1jjj for fiscal year #bjai2 7#e7 #dg1dde1jjj for fiscal year #bjbj2 and 7#f7 #dh1dda1jjj for fiscal year #bjba4 7b7 ,hazardous ,materials ,emergency ,preparedness ,fund ,from the ,hazardous ,materials ,emergency ,preparedness ,fund established under section #eaaf7;i71 the ,secretary may expend1 during each of fiscal years #bjaf through #bjba-- 7#a7 #ahh1jjj to carry out section #eaae2 7#b7 #ba1hjj1jjj to carry out subsections 7a7 and 7b7 of section #eaaf1 of which not less than #ac1fej1jjj shall be available to carry out section #eaaf7;b72 7#c7 #aej1jjj to carry out section #eaaf7;f72 7#d7 #fbe1jjj to publish and distribute the ,emergency ,response ,guidebook under section #eaaf7;i77#c72 and 7#e7 #a1jjj1jjj to carry out section #eaaf7;j74 7c7 ,hazardous materials training grants ,from the ,hazardous ,materials ,emergency ,preparedness ,fund established pursuant to section #eaaf7;i71 the ,secretary may expend #d1jjj1jjj for each of the 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 authority1 or entity4 7#b7 ,availability of amounts ,amounts made available under this section shall remain available until expended4 4 ,,xxxiv ,highway and motor vehicle safety ,a ,highway traffic safety ,i ,highway safety #cdaja4 ,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 #bdc1ebf1ejj for fiscal year #bjaf2 7,b7 #beb1bfg1igb for fiscal year #bjag2 7,c7 #bfa1bbi1bhh for fiscal year #bjah2 7,d7 #bgj1dae1dbi for fiscal year #bjai2 7,e7 #bgi1hca1dhb for fiscal year #bjbj2 and 7,f7 #bhi1dhb1fdf for fiscal year #bjba4 7#b7 ,highway safety research and development ,for carrying out section #djc of title #bc1 ,united ,states ,code-- 7,a7 #acg1hce1jjj for fiscal year #bjaf2 7,b7 #adj1gbi1ece for fiscal year #bjag2 7,c7 #adc1fhd1hee for fiscal year #bjah2 7,d7 #adf1gjb1bcg for fiscal year #bjai2 7,e7 #adi1ghb1ihd for fiscal year #bjbj2 and 7,f7 #aeb1ibh1dbg for fiscal year #bjba4 7#c7 ,national priority safety programs ,for carrying out section #dje of title #bc1 ,united ,states ,code-- 7,a7 #bgd1gbj1jjj for fiscal year #bjaf2 7,b7 #bgg1dfg1bjj for fiscal year #bjag2 7,c7 #bhj1bda1hgb for fiscal year #bjah2 7,d7 #bhc1jdd1bia for fiscal year #bjai2 7,e7 #bhe1hgd1gcd for fiscal year #bjbj2 and 7,f7 #bhh1gcc1dha 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 #e1aje1jjj for fiscal year #bjaf2 7,b7 #e1bab1bje for fiscal year #bjag2 7,c7 #e1cba1ffa for fiscal year #bjah2 7,d7 #e1dcc1daf for fiscal year #bjai2 7,e7 #e1edg1eah for fiscal year #bjbj2 and 7,f7 #e1ffd1jaf for fiscal year #bjba4 7#e7 ,high visibility enforcement program ,for carrying out section #bjji of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note7-- 7,a7 #bi1bij1jjj for fiscal year #bjaf2 7,b7 #bi1ehb1ijj for fiscal year #bjag2 7,c7 #bi1hgh1gbi for fiscal year #bjah2 7,d7 #cj1agg1eaf for fiscal year #bjai2 7,e7 #cj1dgi1bia for fiscal year #bjbj2 and 7,f7 #cj1ghd1jhd 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 subtitle-- 7,a7 #be1gee1jjj for fiscal year #bjaf2 7,b7 #bf1jab1eej for fiscal year #bjag2 7,c7 #bf1bgb1fgf for fiscal year #bjah2 7,d7 #bf1ece1djb for fiscal year #bjai2 7,e7 #bf1hjj1gef for fiscal year #bjbj2 and 7,f7 #bg1jfh1gfd for fiscal year #bjba4 7b7 ,prohibition on other uses ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 in this subtitle1 and in the amendments made by this subtitle1 the amounts made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for a program under such chapter-- 7#a7 shall only be used to carry out such program2 and 7#b7 may not be used by ,states or local governments for construction purposes4 7c7 ,applicability of title #bc ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 and in this subtitle1 amounts made available under subsection 7a7 for fiscal years #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 ,regulatory authority ,grants awarded under this subtitle shall be in accordance with regulations issued by the ,secretary4 7e7 ,state matching requirements ,if a grant awarded under this subtitle requires a ,state to share in the cost1 the aggregate of all expenditures for highway safety activities made during any fiscal year by the ,state and its political subdivisions 7exclusive of ,federal funds7 for carrying out the grant 7other than planning and administration7 shall be available for the purpose of crediting the ,state during such fiscal year for the non-,federal share of the cost of any project under this subtitle 7other than planning or administration7 without regard to whether such expenditures were actually made in connection with such project4 7f7 ,grant application and deadline ,to receive a grant under this subtitle1 a ,state shall submit an application1 and the ,secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year4 7g7 ,transfers ,section #dje7;a77#a77;,g7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7,g7 ,transfers ,notwithstanding subparagraphs 7,a7 through 7,f71 the ,secretary shall reallocate1 before the last day of any fiscal year1 any amounts remaining available of the amounts allocated to carry out any of the activities described in subsections 7b7 through 7g7 to increase the amount made available to carry out section #djb1 in order to ensure1 to the maximum extent possible1 that all such amounts are obligated during such fiscal year4 4 #cdajb4 ,highway safety programs 7a7 ,restriction ,section #djb7;g7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7g7 ,restriction ,nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction1 maintenance1 or design 7other than design of safety features of highways to be incorporated into guidelines74 4 7b7 ,use of funds 7#a7 ,highway safety programs ,section #djb7;c77#b7 of title #bc1 ,united ,states ,code1 is amended by inserting ,a ,state may provide the funds apportioned under this section to a political subdivision of a ,state1 including ,indian tribal governments4 after neighboring ,states44 7#b7 ,national priority safety programs ,section #dje7;a77#a7 is amended by adding at the end the following3 7,i7 ,political subdivisions ,a ,state may provide the funds awarded under this section to a political subdivision of a ,state1 including ,indian tribal governments4 4 7c7 ,tracking process ,section #dab of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,tracking process ,the ,secretary shall develop a process to identify and mitigate possible systemic issues across ,states and regional offices by reviewing oversight findings and recommended actions identified in triennial ,state management reviews4 4 7d7 ,highway safety plans ,section #djb7k77#e77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking #fj and inserting #de4 7e7 ,maintenance of effort ,section #dje7;a77#a77;,h7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7,h7 ,maintenance of effort certification ,as part of the grant application required in section #djb7k77#c77;,f71 a ,state receiving a grant in any fiscal year under subsection 7b71 subsection 7c71 or subsection 7d7 of this section shall provide certification that the lead ,state agency responsible for programs described in any of those sections is maintaining aggregate expenditures at or above the average level of such expenditures in the #b fiscal years prior to the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae4 4 #cdajc4 ,grants for alcohol-ignition interlock laws and #bd-g sobriety programs ,section #dje7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f7-- 7,a7 by amending the heading to read as follows3 ,additional grants4--2 7,b7 in subparagraph 7,a71 by amending the heading to read as follows3 ,grants to ,states with alcohol-ignition interlock laws4--2 7,c7 by redesignating subparagraphs 7,b7 through 7,d7 as subparagraphs 7,c7 through 7,e71 respectively2 7,d7 by inserting after subparagraph 7,a71 the following3 7,b7 ,grants to ,states with #bd-g sobriety programs ,the ,secretary shall make a separate grant under this subsection to each ,state that-- 7i7 adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges2 and 7ii7 provides a #bd-g sobriety program4 2 7,e7 in subparagraph 7,c71 as redesignated1 by inserting and subparagraph 7,b7 after subparagraph 7,a72 7,f7 in subparagraph 7,d71 as redesignated1 by inserting and subparagraph 7,b7 after subparagraph 7,a72 7,g7 by amending subparagraph 7,e71 as redesignated1 to read as follows3 7,e7 ,funding 7i7 ,funding for grants to ,states with alcohol-ignition interlock laws ,not more than #ab percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the ,secretary for making grants under subparagraph 7,a74 7ii7 ,funding for grants to ,states with #bd-g sobriety programs ,not more than #c percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the ,secretary for making grants under subparagraph 7,b74 2 and 7,h7 by adding at the end the following3 7,f7 ,exceptions ,a ,state alcohol-ignition interlock law under subparagraph 7,a7 may include exceptions for the following circumstances3 7i7 ,the individual is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual4 7ii7 ,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 2 and 7#b7 in paragraph 7#g77;,a7-- 7,a7 in the matter preceding clause 7i7-- 7i7 by striking or a ,state agency and inserting or an agency with jurisdiction2 and 7ii7 by inserting bond1 before sentence2 7,b7 in clause 7i71 by striking who plead guilty or and inserting who was arrested1 plead guilty1 or2 and 7,c7 in clause 7ii71 by inserting at a testing location after per day4 #cdajd4 ,repeat offender criteria ,section #afd7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#d7 as paragraphs 7#b7 through 7#e71 respectively2 7#b7 by inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 #bd-g sobriety program ,the term #bd-g sobriety program has the meaning given the term in section #dje7;d77#g77;,a74 2 7#c7 in paragraph 7#e71 as redesignated-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting or combination of laws or programs after ,state law2 and 7,b7 by amending subparagraph 7,a7 to read as follows3 7,a7 receive1 for a period of 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 device installed1 unless a special exception applies2 7iii7 a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in1 and complying with1 a #bd-g sobriety program2 or 7iv7 any combination of clauses 7i7 through 7iii72 2 7,c7 by striking subparagraph 7,b72 7,d7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively2 and 7,e7 in subparagraph 7,c71 as redesignated-- 7i7 in clause 7i7-- 7,i7 in subclause 7,i71 by striking 2 or and inserting a semicolon2 7,,ii7 in subclause 7,,ii71 by striking 2 and2 and inserting 2 or2 and 7,,iii7 by adding at the end the following3 7,,iii7 the ,state certifies that the general practice is that such an individual will be incarcerated2 and 2 and 7ii7 in clause 7ii7-- 7,i7 in subclause 7,i71 by striking 2 or and inserting a semicolon2 7,,ii7 in subclause 7,,ii71 by striking 2 and2 and inserting 2 or2 and 7,,iii7 by adding at the end the following3 7,,iii7 the ,state certifies that the general practice is that such an individual will receive approximately #aj days of incarceration4 2 and 7#d7 by adding at the end-- 7#f7 ,special exception ,the term special exception means an exception under a ,state alcohol-ignition interlock law for the following circumstances3 7,a7 ,the individual is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual4 7,b7 ,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 #cdaje4 ,study on the national roadside survey of alcohol and drug use by drivers ,not later than #ahj days after the date that the ,comptroller ,general reviews and reports on the overall value of the ,national ,roadside ,survey to researchers and other public safety stakeholders1 the differences between a ,national ,roadside ,survey site and typical law enforcement checkpoints1 and the effectiveness of the ,national ,roadside ,survey methodology at protecting the privacy of the driving public1 as requested by the ,committee on ,appropriations of the ,senate on ,june #e1 #bjad 7,senate ,report #aac-ahb71 the ,secretary shall report to ,congress on the ,national ,highway ,traffic ,safety ,administration's progress toward reviewing that report and implementing any recommendations made in that report4 #cdajf4 ,increasing public awareness of the dangers of drug-impaired driving 7a7 ,additional actions ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 in consultation with the ,white ,house ,office of ,national ,drug ,control ,policy1 the ,secretary of ,health and ,human ,services1 ,state highway safety offices1 and other interested parties1 as determined by the ,administrator1 shall identify and carry out additional actions that should be undertaken by the ,administration to assist ,states in their efforts to increase public awareness of the dangers of drug-impaired driving1 including the dangers of driving while under the influence of heroin or prescription opioids4 7b7 ,report ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes the additional actions undertaken by the ,administration pursuant to subsection 7a74 #cdajg4 ,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 ,,ii ,stop ,motorcycle ,checkpoint ,funding ,act #cdaba4 ,short title ,this part may be cited as the ,stop ,motorcycle ,checkpoint ,funding ,act4 #cdabb4 ,grant restriction ,notwithstanding section #aec of title #bc1 ,united ,states ,code1 the ,secretary may not provide a grant or any funds to a ,state1 county1 town1 township1 ,indian tribe1 municipality1 or other local government that may be used for any program-- 7#a7 to check helmet usage2 or 7#b7 to create checkpoints that specifically target motorcycle operators or motorcycle passengers4 ,,iii ,improving ,driver ,safety ,act of #bjae #cdaca4 ,short title ,this part may be cited as the ,improving ,driver ,safety ,act of #bjae4 #cdacb4 ,distracted driving incentive grants ,section #dje7;e7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting includes distracted driving issues as part of the ,state's driver's license examination and after any ,state that2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 by amending subparagraph 7,c7 to read as follows3 7,c7 establishes a minimum fine for a violation of the statute2 and 2 and 7,c7 by adding at the end the following3 7,d7 does not provide for an exception that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic4 2 7#c7 in paragraph 7#c7-- 7,a7 by amending subparagraph 7,a7 to read as follows3 7,a7 prohibits the use of a personal wireless communications device while driving for drivers-- 7i7 younger than #ah years of age2 or 7ii7 in the learner's permit and intermediate license stages2 2 and 7,b7 by striking subparagraphs 7,c7 and 7,d7 and inserting the following3 7,c7 establishes a minimum fine for a violation of the statute2 and 7,d7 does not provide for an exception that specifically allows a driver to text through a personal wireless communications device while stopped in traffic4 2 and 7#d7 in paragraph 7#d7-- 7,a7 in subparagraph 7,b77ii71 by striking and at the end2 7,b7 in subparagraph 7,c7-- 7i7 by striking section #caaeb and inserting section #caacf2 and 7ii7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 any additional exceptions determined by the ,secretary through the rulemaking process4 2 7#e7 by amending paragraph 7#f7 to read as follows3 7#f7 ,additional distracted driving grants 7,a7 ,in general ,notwithstanding paragraph 7#a71 the ,secretary shall use up to #ej percent of the amounts available for grants under this subsection to award grants to any ,state that-- 7i7 in fiscal year #bjag-- 7,i7 certifies that it has enacted a basic text messaging statute that-- 7aa7 is applicable to drivers of all ages2 and 7bb7 makes violation of the basic text messaging statute a primary offense or secondary enforcement action as allowed by ,state statute2 and 7,,ii7 is otherwise ineligible for a grant under this subsection2 and 7ii7 in fiscal year #bjah-- 7,i7 meets the requirements under clause 7i72 7,,ii7 imposes fines for violations2 and 7,,iii7 has a statute that prohibits drivers who are younger than #ah years of age from using a personal wireless communications device while driving4 7,b7 ,use of grant funds 7i7 ,in general ,notwithstanding paragraph 7#e7 and subject to clauses 7ii7 and 7iii7 of this subparagraph1 amounts received by a ,state under subparagraph 7,a7 may be used for activities related to the enforcement of distracted driving laws1 including for public information and awareness purposes4 7ii7 ,fiscal year #bjag ,in fiscal year #bjag1 up to #ae percent of the amounts received by a ,state under subparagraph 7,a7 may be used for any eligible project or activity under section #djb4 7iii7 ,fiscal year #bjah ,in fiscal year #bjah1 up to #be percent of the amounts received by a ,state under subparagraph 7,a7 may be used for any eligible project or activity under section #djb4 2 and 7#f7 in paragraph 7#i77;,a77i71 by striking 1 including operation while temporarily stationary because of traffic1 a traffic light or stop sign1 or otherwise4 #cdacc4 ,barriers to data collection report ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that-- 7#a7 identifies any legal and technical barriers to capturing adequate data on the prevalence of the use of wireless communications devices while driving2 and 7#b7 provides recommendations on how to address such barriers4 #cdacd4 ,minimum requirements for ,state graduated driver licensing incentive grant program ,section #dje7;g77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking #ba and inserting #ah2 and 7#b7 by amending subparagraph 7,b7 to read as follows3 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 include-- 7i7 a learner's permit stage that-- 7,i7 is at least #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 paragraph 7#d7 of that subsection1 and makes a violation of the prohibition a primary offense2 7,,iii7 requires applicants to successfully pass a vision and knowledge assessment prior to receiving a learner's permit2 7,,iv7 requires that the driver be accompanied and supervised at all times while the driver is operating a motor vehicle by a licensed driver who is at least #ba years of age or is a ,state-certified driving instructor2 7,v7 has a requirement that the driver-- 7aa7 complete a ,state-certified driver education or training course2 or 7bb7 obtain at least #ej hours of behind-the-wheel training1 with at least #aj hours at night1 with a licensed driver2 7,,vi7 remains in effect until the driver-- 7aa7 reaches #af years of age and enters the intermediate stage2 or 7bb7 reaches #ah years of age2 7ii7 an intermediate stage that-- 7,i7 commences immediately after the expiration of the learner's permit stage and successful completion of a driving skills assessment2 7,,ii7 is at least #f months in duration2 7,,iii7 prohibits the driver from using a personal wireless communications device 7as defined in subsection 7e77 while driving except under an exception permitted under paragraph 7#d7 of that subsection1 and makes a violation of the prohibition a primary offense2 7,,iv7 for the first #f month of the intermediate stage1 restricts driving at night between the hours of #aj3jj p4m4 and #e3jj a4m4 when not supervised by a licensed driver #ba years of age or older1 excluding transportation to work1 school1 religious activities1 or emergencies2 7,v7 prohibits the driver from operating a motor vehicle with more than #a nonfamilial passenger younger than #ba years of age unless a licensed driver who is at least #ba years of age is in the motor vehicle2 and 7,,vi7 remains in effect until the driver reaches #ag years of age2 and 7iii7 a learner's permit and intermediate stage that require1 in addition to any other penalties imposed by ,state law1 the granting of an unrestricted driver's license be automatically delayed for any individual who1 during the learner's permit or intermediate stage1 is convicted of a driving-related offense during the first #f months1 including-- 7,i7 driving while intoxicated2 7,,ii7 misrepresentation of the individual's age2 7,,iii7 reckless driving2 7,,iv7 driving without wearing a seat belt2 7,v7 speeding2 or 7,,vi7 any other driving-related offense1 as determined by the ,secretary4 4 ,,iv ,technical and conforming amendments #cdada4 ,technical corrections to the ,motor ,vehicle and ,highway ,safety ,improvement ,act of #bjab 7a7 ,highway safety programs ,section #djb of title #bc1 ,united ,states ,code is amended-- 7#a7 in subsection 7b77#a77;,c71 by striking except as provided in paragraph 7#c712 7#b7 in subsection 7b77#a77;,e7-- 7,a7 by striking in which a ,state and inserting for which a ,state2 and 7,b7 by striking subsection 7f7 and inserting subsection 7k72 and 7#c7 in subsection 7k77#d71 by striking paragraph 7#b77;,a7 and inserting paragraph 7#c77;,a74 7b7 ,highway safety research and development ,section #djc7;e7 of title #bc1 ,united ,states ,code is amended by inserting of title #di after chapter #cja4 7c7 ,national priority safety programs ,section #dje of title #bc1 ,united ,states ,code is amended-- 7#a7 in subsection 7d77#e71 by striking section #djb7;c7 and inserting section #djb2 and 7#b7 in subsection 7f77#d77;,a77iv71 by striking developed under subsection 7g74 ,b ,vehicle safety #cdbja4 ,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 #df1bgj1jjj for fiscal year #bjaf4 7,b7 #ea1ecg1fgj for fiscal year #bjag4 7,c7 #eg1bif1ccf for fiscal year #bjah4 7,d7 #fb1iii1gbh for fiscal year #bjai4 7,e7 #fi1hcg1igd for fiscal year #bjbj4 7,f7 #gf1fef1djg 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 #cdbjb4 ,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 #cdbjc4 ,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 #cdbjd4 ,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 #cdbje4 ,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 #cdbjf4 ,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 #cdbjg4 ,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 #cdbjh4 ,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 #cdbji4 ,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 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 #cdbaj4 ,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 #cdbaa4 ,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 #cdbab4 ,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 #cdbac4 ,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 #cdbad4 ,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 #cdbae4 ,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 ,c ,research and development and vehicle electronics #cdcja4 ,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 #cdcjb4 ,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 ,d ,miscellaneous provisions ,i ,driver ,privacy ,act of #bjae #cddja4 ,short title ,this part may be cited as the ,driver ,privacy ,act of #bjae4 #cddjb4 ,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 #cddjc4 ,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 #cddba4 ,short title ,this part may be cited as the ,safety ,through ,informed ,consumers ,act of #bjae4 #cddbb4 ,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 #cddca4 ,short title ,this part may be cited as the ,tire ,efficiency1 ,safety1 and ,registration ,act of #bjae or the ,,tesr ,act4 #cddcb4 ,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 #cddcc4 ,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 #cddcd4 ,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 ,,xxxv ,railroad ,reform1 ,enhancement1 and ,efficiency #cejja4 ,short title ,this title may be cited as the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act4 #cejjb4 ,passenger transportation2 definitions ,section #bdajb is amended-- 7#a7 by redesignating paragraphs 7#e7 through 7#i7 as paragraphs 7#f7 through 7#aj71 respectively2 7#b7 by inserting after paragraph 7#d71 the following3 7#e7 long-distance route means a route described in paragraph 7#f77;,c74 2 7#c7 by amending paragraph 7#f77;,a71 as redesignated1 to read as follows3 7,a7 the ,northeast ,corridor main line between ,boston1 ,massachusetts and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the facilities and services used to operate and maintain that line2 2 7#d7 in paragraph 7#g71 as redesignated1 by striking the period at the end and inserting 1 except that the term ,northeast ,corridor for the purposes of chapter #bdc means the main line between ,boston1 ,massachusetts and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the facilities and services used to operate and maintain that line42 and 7#e7 by adding at the end the following3 7#aa7 state-of-good-repair means a condition in which physical assets1 both individually and as a system1 are-- 7,a7 performing at a level at least equal to that called for in their as-built or as-modified design specification during any period when the life cycle cost of maintaining the assets is lower than the cost of replacing them2 and 7,b7 sustained through regular maintenance and replacement programs4 7#ab7 ,state-supported route means a route described in paragraph 7#f77;,b7 or paragraph 7#f77;,d71 or in section #bdgjb7;a74 4 ,a ,authorization of appropriations #ceaja4 ,authorization of grants to ,amtrak 7a7 ,in general ,there are authorized to be appropriated to the ,secretary for the use of ,amtrak for deposit into the accounts established under section #bdcai7;a7 of title #di1 ,united ,states ,code1 the following amounts3 7#a7 ,for fiscal year #bjaf1 #a1dej1jjj1jjj4 7#b7 ,for fiscal year #bjag1 #a1eej1jjj1jjj4 7#c7 ,for fiscal year #bjah1 #a1gjj1jjj1jjj4 7#d7 ,for fiscal year #bjai1 #a1ijj1jjj1jjj4 7b7 ,project management oversight ,the ,secretary may withhold up to one half of #a percent of the amount appropriated under subsection 7a7 for the costs of management oversight of ,amtrak4 7c7 ,competition ,in administering grants to ,amtrak under section #bdcah of title #di1 ,united ,states ,code1 the ,secretary may withhold1 from amounts that would otherwise be made available to ,amtrak1 such sums as are necessary from the amount appropriated under subsection 7a7 of this section to cover the operating subsidy described in section #bdgaa7;b77#a77;,e77ii7 of title #di1 ,united ,states ,code4 7d7 ,state-,supported ,route ,committee ,the ,secretary may withhold up to #b1jjj1jjj from the amount appropriated in each fiscal year under subsection 7a7 of this section for the use of the ,state-,supported ,route ,committee established under section #bdgab of title #di1 ,united ,states ,code4 7e7 ,northeast ,corridor ,commission ,the ,secretary may withhold up to #e1jjj1jjj from the amount appropriated in each fiscal year under subsection 7a7 of this section for the use of the ,northeast ,corridor ,commission established under section #bdije of title #di1 ,united ,states ,code4 #ceajb4 ,national infrastructure and safety investments 7a7 ,in general ,there are authorized to be appropriated to the ,secretary for grants under chapter #bdd of title #di1 ,united ,states ,code1 the following amounts3 7#a7 ,for fiscal year #bjaf1 #cej1jjj1jjj4 7#b7 ,for fiscal year #bjag1 #dcj1jjj1jjj4 7#c7 ,for fiscal year #bjah1 #fjj1jjj1jjj4 7#d7 ,for fiscal year #bjai1 #ijj1jjj1jjj4 7b7 ,project management oversight ,the ,secretary may withhold up to #a percent from the amount appropriated under subsection 7a7 of this section for the costs of project management oversight of grants carried out under chapter #bdd of title #di1 ,united ,states ,code4 #ceajc4 ,authorization of appropriations for ,national ,transportation ,safety ,board rail investigations 7a7 ,in general ,notwithstanding any other provision of law1 there are authorized to be appropriated to the ,national ,transportation ,safety ,board to carry out railroad accident investigations under section #aaca7;a77#a77;,c7 of title #di1 ,united ,states ,code1 the following amounts3 7#a7 ,for fiscal year #bjaf1 #f1cjj1jjj4 7#b7 ,for fiscal year #bjag1 #f1djj1jjj4 7#c7 ,for fiscal year #bjah1 #f1ejj1jjj4 7#d7 ,for fiscal year #bjai1 #f1fjj1jjj4 7b7 ,investigation personnel ,amounts appropriated under subsection 7a7 of this section shall be available to the ,national ,transportation ,safety ,board for personnel1 in regional offices and in ,washington1 ,,dc1 whose duties involve railroad accident investigations4 #ceajd4 ,authorization of appropriations for ,amtrak ,office of ,inspector ,general ,there are authorized to be appropriated to the ,office of ,inspector ,general of ,amtrak the following amounts3 7#a7 ,for fiscal year #bjaf1 #bj1jjj1jjj4 7#b7 ,for fiscal year #bjag1 #bj1ejj1jjj4 7#c7 ,for fiscal year #bjah1 #ba1jjj1jjj4 7#d7 ,for fiscal year #bjai1 #ba1ejj1jjj4 #ceaje4 ,national cooperative rail research program 7a7 ,in general ,section #bdiaj is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#ab71 by striking and2 7,b7 in paragraph 7#ac71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ad7 to improve the overall safety of intercity passenger and freight rail operations4 2 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,allocation ,at least #e1jjj1jjj of the amounts appropriated to the ,secretary for a fiscal year to carry out railroad research and development programs shall be available to carry out this section4 4 ,b ,amtrak reform #cebja4 ,amtrak grant process 7a7 ,requirements and procedures ,chapter #bdc is amended by adding at the end the following3 #bdcag4 ,costs and revenues 7a7 ,allocation ,not later than #ahj days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 ,amtrak shall establish and maintain internal controls to ensure ,amtrak's costs1 revenues1 and other compensation are appropriately and proportionally allocated to its ,northeast ,corridor train services or infrastructure1 its ,state-supported routes1 its long-distance routes1 and its other national network activities4 7b7 ,rule of construction ,nothing in this section shall be construed to limit the ability of ,amtrak to enter into an agreement with #a or more ,states to allocate operating and capital costs under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 #bdcah4 ,grant process 7a7 ,procedures for grant requests ,not later than #ij days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 the ,secretary of ,transportation shall establish and transmit to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives substantive and procedural requirements1 including schedules1 for grant requests under this section4 7b7 ,grant requests ,amtrak shall transmit grant requests for ,federal funds appropriated to the ,secretary of ,transportation for the use of ,amtrak to-- 7#a7 the ,secretary2 and 7#b7 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,senate and the ,committee on ,transportation and ,infrastructure1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,house of ,representatives4 7c7 ,contents ,a grant request under subsection 7b7 shall-- 7#a7 describe projected operating and capital costs for the upcoming fiscal year for ,northeast ,corridor train services and infrastructure1 ,amtrak's ,state-supported routes1 and ,amtrak's long-distance routes1 and ,amtrak's other national network activities1 as applicable1 in comparison to prior fiscal year actual financial performance2 7#b7 describe the capital projects to be funded1 with cost estimates and an estimated timetable for completion of the projects covered by the request2 7#c7 assess ,amtrak's financial condition2 7#d7 be displayed on ,amtrak's ,web site within a reasonable timeframe following its transmission under subsection 7b72 and 7#e7 describe how the funding requested in a grant will be allocated to the accounts established under section #bdcai7;a71 considering the projected operating losses or capital costs for services and activities associated with such accounts over the time period intended to be covered by the grants4 7d7 ,review and approval 7#a7 ,thirty-day approval process 7,a7 ,in general ,not later than #cj days after the date that ,amtrak submits a grant request under this section1 the ,secretary of ,transportation shall complete a review of the request and provide notice to ,amtrak that-- 7i7 the request is approved2 or 7ii7 the request is disapproved1 including the reason for the disapproval and an explanation of any incomplete or deficient items4 7,b7 ,grant agreement ,if a grant request is approved1 the ,secretary shall enter into a grant agreement with ,amtrak that allocates the grant funding to #a of the #d accounts established under section #bdcai7;a74 7#b7 ,fifteen-day modification period ,not later than #ae days after the date of the notice under paragraph 7#a77;,a77ii71 ,amtrak shall submit a modified request for the ,secretary's review4 7#c7 ,modified requests ,not later than #ae days after the date that ,amtrak submits a modified request under paragraph 7#b71 the ,secretary shall either approve the modified request1 or1 if the ,secretary finds that the request is still incomplete or deficient1 the ,secretary shall identify in writing to the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,senate and the ,committee on ,transportation and ,infrastructure1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,house of ,representatives the remaining deficiencies and recommend a process for resolving the outstanding portions of the request4 7e7 ,payments to ,amtrak 7#a7 ,in general ,a grant agreement entered into under subsection 7d7 shall specify the operations1 services1 and other activities to be funded by the grant4 ,the grant agreement shall include provisions1 consistent with the requirements of this chapter1 to measure ,amtrak's performance and ensure accountability in delivering the operations1 services1 or activities to be funded by the grant4 7#b7 ,schedule ,except as provided in paragraph 7#c71 in each fiscal year for which amounts are appropriated to the ,secretary for the use of ,amtrak1 and for which the ,secretary and ,amtrak have entered into a grant agreement under subsection 7d71 the ,secretary shall disburse grant funds to ,amtrak on the following schedule3 7,a7 #ej percent on ,october #a4 7,b7 #be percent on ,january #a4 7,c7 #be percent on ,april #a4 7#c7 ,exceptions ,the ,secretary may make a payment to ,amtrak of appropriated funds-- 7,a7 more frequently than the schedule under paragraph 7#b7 if ,amtrak1 for good cause1 requests more frequent payment before the end of a payment period2 or 7,b7 with a different frequency or in different percentage allocations in the event of a continuing resolution or in the absence of an appropriations ,act for the duration of a fiscal year4 7f7 ,availability of amounts and early appropriations ,amounts appropriated to the ,secretary for the use of ,amtrak shall remain available until expended4 ,amounts for capital acquisitions and improvements may be appropriated for a fiscal year before the fiscal year in which the amounts will be obligated4 7g7 ,limitations on use ,amounts appropriated to the ,secretary for the use of ,amtrak may not be used to cross-subsidize operating losses or capital costs of commuter rail passenger or freight rail transportation4 #bdcai4 ,accounts 7a7 ,establishment of accounts ,beginning not later than ,october #a1 #bjaf1 ,amtrak1 in consultation with the ,secretary of ,transportation1 shall define and establish-- 7#a7 a ,northeast ,corridor investment account1 including subaccounts for ,amtrak train services and infrastructure2 7#b7 a ,state-supported account2 7#c7 a long-distance account2 and 7#d7 an other national network activities account4 7b7 ,northeast ,corridor investment account 7#a7 ,deposits ,amtrak shall deposit in the ,northeast ,corridor investment account established under subsection 7a77#a7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #ceaja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 any compensation received from commuter rail passenger transportation providers for such providers' share of capital costs on the ,northeast ,corridor provided to ,amtrak under section #bdije7;c72 7,c7 any operating surplus of the ,northeast ,corridor train services or infrastructure1 as allocated under section #bdcag2 and 7,d7 any other net revenue received in association with the ,northeast ,corridor1 including freight access fees1 electric propulsion1 and commercial development4 7#b7 ,use of ,northeast ,corridor investment account ,except as provided in subsection 7f71 amounts deposited in the ,northeast ,corridor investment account shall be made available for the use of ,amtrak for its share of-- 7,a7 capital projects described in section #bdijd7;a77#b77;,e77i71 and developed under the planning process established under that section1 to bring ,northeast ,corridor infrastructure to a state-of-good-repair2 7,b7 capital projects described in clauses 7ii7 and 7iv7 of section #bdijd7;a77#b77;,e7 that are developed under the planning process established under that section intended to increase corridor capacity1 improve service reliability1 and reduce travel time on the ,northeast ,corridor2 7,c7 capital projects to improve safety and security2 7,d7 capital projects to improve customer service and amenities2 7,e7 acquiring1 rehabilitating1 manufacturing1 remanufacturing1 overhauling1 or improving equipment and associated facilities used for intercity rail passenger transportation by ,northeast ,corridor train services2 7,f7 retirement of principal and payment of interest on loans for capital projects described in this paragraph or for capital leases for equipment and related to the ,northeast ,corridor2 7,g7 participation in public-private partnerships1 joint ventures1 and other mechanisms or arrangements that result in the completion of capital projects described in this paragraph2 and 7,h7 indirect1 common1 corporate1 or other costs directly incurred by or allocated to the ,northeast ,corridor4 7c7 ,state-,supported ,account 7#a7 ,deposits ,amtrak shall deposit in the ,state-supported account established under subsection 7a77#b7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #ceaja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 any compensation received from ,states provided to ,amtrak under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#db ,u4,s4,c4 #bdaja note72 and 7,c7 any operating surplus from its ,state-supported routes1 as allocated under section #bdcag4 7#b7 ,use of ,state-supported account ,except as provided in subsection 7f71 amounts deposited in the ,state-supported account shall be made available for the use of ,amtrak for capital expenses and operating costs1 including indirect1 common1 corporate1 or other costs directly incurred by or allocated to ,state-supported routes1 of its ,state-supported routes and retirement of principal and payment of interest on loans or capital leases attributable to its ,state-supported routes4 7d7 ,long-,distance ,account 7#a7 ,deposits ,amtrak shall deposit in the long-distance account established under subsection 7a77#c7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #ceaja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 any compensation received from ,states provided to ,amtrak for costs associated with its long-distance routes2 and 7,c7 any operating surplus from its long-distance routes1 as allocated under section #bdcag4 7#b7 ,use of long-distance account ,except as provided in subsection 7f71 amounts deposited in the long-distance account shall be made available for the use of ,amtrak for capital expenses and operating costs1 including indirect1 common1 corporate1 or other costs directly incurred by or allocated to long-distance routes1 of its long-distance routes and retirement of principal and payment of interest on loans or capital leases attributable to the long-distance routes4 7e7 ,other national network activities account 7#a7 ,deposits ,amtrak shall deposit in the other national network activities account established under subsection 7a77#d7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #ceaja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 any compensation received from ,states provided to ,amtrak for costs associated with its other national network activities2 and 7,c7 any operating surplus from its other national network activities4 7#b7 ,use of other national network activities account ,except as provided in subsection 7f71 amounts deposited into the other national network activities account shall be made available for the use of ,amtrak for capital and operating costs not allocated to the ,northeast ,corridor investment account1 ,state-supported account1 or long-distance account1 and retirement of principal and payment of interest on loans or capital leases attributable to other national network activities4 7f7 ,transfer authority 7#a7 ,authority ,amtrak may transfer any funds appropriated under the authorization in section #ceaja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent ,act appropriating funds for the use of ,amtrak for deposit into the accounts described in that section1 or any surplus generated by operations1 between the ,northeast ,corridor1 ,state-supported1 long-distance1 and other national network activities accounts-- 7,a7 upon the expiration of #aj days after the date that ,amtrak notifies the ,amtrak ,board of ,directors1 including the ,secretary1 of the planned transfer2 and 7,b7 with the approval of the ,secretary4 7#b7 ,report ,not later than #e days after the date that ,amtrak notifies the ,amtrak ,board of ,directors of a planned transfer under paragraph 7#a71 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives a report that includes-- 7,a7 the amount of the transfer2 and 7,b7 a detailed explanation of the reason for the transfer1 including-- 7i7 the effects on ,amtrak services funded by the account from which the transfer is drawn1 in comparison to a scenario in which no transfer was made2 and 7ii7 the effects on ,amtrak services funded by the account receiving the transfer1 in comparison to a scenario in which no transfer was made4 7#c7 ,notifications 7,a7 ,state-supported account ,not later than #e days after the date that ,amtrak notifies the ,amtrak ,board of ,directors of a planned transfer under paragraph 7#a7 of funds to or from the ,state-supported account1 ,amtrak shall transmit to each ,state that sponsors a ,state-supported route a letter that includes the information described under subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7,b7 ,northeast ,corridor account ,not later than #e days after the date that ,amtrak notifies the ,amtrak ,board of ,directors of a planned transfer under paragraph 7#a7 of funds to or from the ,northeast ,corridor account1 ,amtrak shall transmit to the ,northeast ,corridor ,commission a letter that includes the information described under subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7g7 ,enforcement ,the ,secretary shall enforce the provisions of each grant agreement under section #bdcah7;d71 including any deposit into an account under this section4 7h7 ,letters of intent 7#a7 ,requirement ,the ,secretary may issue a letter of intent to ,amtrak announcing an intention to obligate1 for a major capital project described in clauses 7ii7 and 7iv7 of section #bdijd7;a77#b77;,e71 an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the ,secretary in the project4 7#b7 ,notice to ,congress ,at least #cj days before issuing a letter under paragraph 7#a71 the ,secretary shall notify in writing the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives of the proposed letter4 ,the ,secretary shall include with the notice a copy of the proposed letter1 the criteria used for selecting the project for a grant award1 and a description of how the project meets the criteria under this section4 7#c7 ,contingent nature of obligation or commitment ,an obligation or administrative commitment may be made only when amounts are appropriated4 ,the letter of intent shall state that the contingent commitment is not an obligation of the ,federal ,government1 and is subject to the availability of appropriations under ,federal law and to ,federal laws in force or enacted after the date of the contingent commitment4 4 7b7 ,conforming amendments ,the table of contents for chapter #bdc is amended by adding at the end the following3 #bdcag4 ,costs and revenues4#bdcah4 ,grant process4#bdcai4 ,accounts4 4 7c7 ,repeals 7#a7 ,establishment of grant process ,section #bjf of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 and the item relating to that section in the table of contents of that ,act are repealed4 7#b7 ,authorization of appropriations ,section #bdajd and the item relating to that section in the table of contents of chapter #bda are repealed4 #cebjb4 #e-year business line and assets plans 7a7 ,amtrak #e-,year ,business ,line and ,asset ,plans ,chapter #bdc1 as amended by section #cebja of this ,act1 is further amended by inserting after section #bdcai the following3 #bdcbj4 ,amtrak #e-year business line and asset plans 7a7 ,in general 7#a7 ,final plans ,not later than ,february #ae of each year1 ,amtrak shall submit to ,congress and the ,secretary final #e-year business line plans and #e-year asset plans prepared in accordance with this section4 ,these final plans shall form the basis for ,amtrak's general and legislative annual report to the ,president and ,congress required by section #bdcae7;b74 7#b7 ,fiscal constraint ,each plan prepared under this section shall be based on funding levels authorized or otherwise available to ,amtrak in a fiscal year4 ,in the absence of an authorization or appropriation of funds for a fiscal year1 the plans shall be based on the amount of funding available in the previous fiscal year1 plus inflation4 ,amtrak may include an appendix to the asset plan required in subsection 7c7 that describes any capital funding requirements in excess of amounts authorized or otherwise available to ,amtrak in a fiscal year for capital investment4 7b7 ,amtrak #e-,year ,business ,line ,plans 7#a7 ,amtrak business lines ,amtrak shall prepare a #e-year business line plan for each of the following business lines and services3 7,a7 ,northeast ,corridor train services4 7,b7 ,state-supported routes operated by ,amtrak4 7,c7 ,long-distance routes operated by ,amtrak4 7,d7 ,ancillary services operated by ,amtrak1 including commuter operations and other revenue generating activities as determined by the ,secretary in consultation with ,amtrak4 7#b7 ,contents of #e-year business line plans ,the #e-year business line plan for each business line shall include1 at a minimum-- 7,a7 a statement of ,amtrak's vision1 goals1 and service plan for the business line1 coordinated with any entities that are contributing capital or operating funding to support passenger rail services within those business lines1 and aligned with ,amtrak's ,strategic ,plan and #e-year asset plans under subsection 7c72 7,b7 all projected revenues and expenditures for the business line1 including identification of revenues and expenditures incurred by-- 7i7 passenger operations2 7ii7 non-passenger operations that are directly related to the business line2 and 7iii7 governmental funding sources1 including revenues and other funding received from ,states2 7,c7 projected ridership levels for all passenger operations2 7,d7 estimates of long-term and short-term debt and associated principal and interest payments 7both current and forecasts72 7,e7 annual profit and loss statements and forecasts and balance sheets2 7,f7 annual cash flow forecasts2 7,g7 a statement describing the methodologies and significant assumptions underlying estimates and forecasts2 7,h7 specific performance measures that demonstrate year over year changes in the results of ,amtrak's operations2 7,i7 financial performance for each route within each business line1 including descriptions of the cash operating loss or contribution and labor productivity for each route2 7,j7 specific costs and savings estimates resulting from reform initiatives2 7,k7 prior fiscal year and projected equipment reliability statistics2 and 7,l7 an identification and explanation of any major adjustments made from previously-approved plans4 7#c7 #e-year business line plans process ,in meeting the requirements of this section1 ,amtrak shall-- 7,a7 coordinate the development of the business line plans with the ,secretary2 7,b7 for the ,northeast ,corridor business line plan1 coordinate with the ,northeast ,corridor ,commission and transmit to the ,commission the final plan under subsection 7a77#a71 and consult with other entities1 as appropriate2 7,c7 for the ,state-supported route business line plan1 coordinate with the ,state-,supported ,route ,committee established under section #bdgab2 7,d7 for the long-distance route business line plan1 coordinate with any ,states or ,interstate ,compacts that provide funding for such routes1 as appropriate2 7,e7 ensure that ,amtrak's annual budget request to ,congress is consistent with the information in the #e-year business line plans2 and 7,f7 identify the appropriate ,amtrak officials that are responsible for each business line4 7#d7 ,standards to promote financial stability ,in meeting the requirements under this subsection1 ,amtrak shall use the categories specified in the financial accounting and reporting system developed under section #bjc of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 when preparing its #e-year business line plans4 7c7 ,amtrak #e-,year ,asset plans 7#a7 ,asset categories ,amtrak shall prepare a #e-year asset plan for each of the following asset categories3 7,a7 ,infrastructure1 including all ,amtrak-controlled ,northeast ,corridor assets and other ,amtrak-owned infrastructure1 and the associated facilities that support the operation1 maintenance1 and improvement of those assets4 7,b7 ,passenger rail equipment1 including all ,amtrak-controlled rolling stock1 locomotives1 and mechanical shop facilities that are used to overhaul equipment4 7,c7 ,stations1 including all ,amtrak-controlled passenger rail stations and elements of other stations for which ,amtrak has legal responsibility or intends to make capital investments4 7,d7 ,national assets1 including national reservations1 security1 training and training centers1 and other assets associated with ,amtrak's national passenger rail transportation system4 7#b7 ,contents of #e-year asset plans ,each asset plan shall include1 at a minimum-- 7,a7 a summary of ,amtrak's #e-year strategic plan for each asset category1 including goals1 objectives1 any relevant performance metrics1 and statutory or regulatory actions affecting the assets2 7,b7 an inventory of existing ,amtrak capital assets1 to the extent practicable1 including information regarding shared use or ownership1 if applicable2 7,c7 a prioritized list of proposed capital investments that-- 7i7 categorizes each capital project as being primarily associated with-- 7,i7 normalized capital replacement2 7,,ii7 backlog capital replacement2 7,,iii7 improvements to support service enhancements or growth2 7,,iv7 strategic initiatives that will improve overall operational performance1 lower costs1 or otherwise improve ,amtrak's corporate efficiency2 or 7,v7 statutory1 regulatory1 or other legal mandates2 7ii7 identifies each project or program that is associated with more than #a category described in clause 7i72 and 7iii7 describes the anticipated business outcome of each project or program identified under this subparagraph1 including an assessment of-- 7,i7 the potential effect on passenger operations1 safety1 reliability1 and resilience2 7,,ii7 the potential effect on ,amtrak's ability to meet regulatory requirements if the project or program is not funded2 and 7,,iii7 the benefits and costs2 and 7,d7 annual profit and loss statements and forecasts and balance sheets for each asset category4 7#c7 #e-year asset plan process ,in meeting the requirements of this subsection1 ,amtrak shall-- 7,a7 coordinate with each business line described in subsection 7b77#a7 in the preparation of each #e-year asset plan and ensure integration of each #e-year asset plan with the #e-year business line plans2 7,b7 as applicable1 coordinate with the ,northeast ,corridor ,commission1 the ,state-,supported ,route ,committee1 and owners of assets affected by #e-year asset plans2 and 7,c7 identify the appropriate ,amtrak officials that are responsible for each asset category4 7#d7 ,evaluation of national assets costs ,the ,secretary shall-- 7,a7 evaluate the costs and scope of all national assets2 and 7,b7 determine the activities and costs that are-- 7i7 required in order to ensure the efficient operations of a national passenger rail system2 7ii7 appropriate for allocation to #a of the other ,amtrak business lines2 and 7iii7 extraneous to providing an efficient national passenger rail system or are too costly relative to the benefits or performance outcomes they provide4 7#e7 ,definition of national assets ,in this section1 the term national assets means the ,nation's core rail assets shared among ,amtrak services1 including national reservations1 security1 training and training centers1 and other assets associated with ,amtrak's national passenger rail transportation system4 7#f7 ,restructuring of national assets ,not later than #a year after the date of completion of the evaluation under paragraph 7#d71 the ,administrator of the ,federal ,railroad ,administration1 in consultation with the ,amtrak ,board of ,directors1 the governors of each relevant ,state1 and the ,mayor of the ,district of ,columbia1 or their designees1 shall restructure or reallocate1 or both1 the national assets costs in accordance with the determination under that section1 including making appropriate updates to ,amtrak's cost accounting methodology and system4 4 7b7 ,effective date ,the requirements for ,amtrak to submit final #e-year business line plans and #e-year asset plans under section #bdcbj of title #di1 ,united ,states ,code1 shall take effect #a year after the date of enactment of this ,act4 7c7 ,conforming amendments ,the table of contents for chapter #bdc1 as amended by section #cebja of this ,act1 is further amended by adding at the end the following3 #bdcbj4 ,amtrak #e-year business line and asset plans4 4 7d7 ,repeal of #e-,year ,financial ,plan ,section #bjd of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note71 and the item relating to that section in the table of contents of that ,act1 are repealed4 7e7 ,identification of duplicative reporting requirements ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 review existing ,amtrak reporting requirements and identify where the existing requirements are duplicative with the business line and capital plans required by section #bdcbj of title #di1 ,united ,states ,code2 7#b7 if the duplicative reporting requirements are administrative1 the ,secretary shall eliminate the duplicative requirements2 and 7#c7 submit to ,congress a report with any recommendations for repealing any other duplicative ,amtrak reporting requirements4 #cebjc4 ,state-supported route committee 7a7 ,amendment ,chapter #bdg is amended by adding at the end the following3 #bdgab4 ,state-supported routes operated by ,amtrak 7a7 ,state-,supported ,route ,committee 7#a7 ,establishment ,not later than #ahj days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 the ,secretary of ,transportation shall establish the ,state-,supported ,route ,committee 7referred to in this section as the ,committee7 to promote mutual cooperation and planning pertaining to the rail operations of ,amtrak and related activities of trains operated by ,amtrak on ,state-supported routes and to further implement section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of-- 7i7 members representing ,amtrak2 7ii7 members representing the ,department of ,transportation1 including the ,federal ,railroad ,administration2 and 7iii7 members representing ,states4 7,b7 ,non-voting members ,the ,committee may invite and accept other non-voting members to participate in ,committee activities1 as appropriate4 7#c7 ,decisionmaking ,the ,committee shall establish a bloc voting system under which1 at a minimum-- 7,a7 there are #c separate voting blocs to represent the ,committee's voting members1 including-- 7i7 #a voting bloc to represent the members described in paragraph 7#b77;,a77i72 7ii7 #a voting bloc to represent the members described in paragraph 7#b77;,a77ii72 and 7iii7 #a voting bloc to represent the members described in paragraph 7#b77;,a77iii72 7,b7 each voting bloc has #a vote2 7,c7 the vote of the voting bloc representing the members described in paragraph 7#b77;,a77iii7 requires the support of at least two-thirds of that voting bloc's members2 and 7,d7 the ,committee makes decisions by unanimous consent of the #c voting blocs4 7#d7 ,meetings2 rules and procedures ,the ,committee shall convene a meeting and shall define and implement the rules and procedures governing the ,committee's proceedings not later than #ahj days after the date of establishment of the ,committee by the ,secretary4 ,the rules and procedures shall-- 7,a7 incorporate and further describe the decisionmaking procedures to be used in accordance with paragraph 7#c72 and 7,b7 be adopted in accordance with such decisionmaking procedures4 7#e7 ,committee decisions ,decisions made by the ,committee in accordance with the ,committee's rules and procedures1 once established1 are binding on all ,committee members4 7#f7 ,cost allocation methodology 7,a7 ,in general ,subject to subparagraph 7,b71 the ,committee may amend the cost allocation methodology required and previously approved under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 7,b7 ,procedures for changing methodology ,the rules and procedures implemented under paragraph 7#d7 shall include procedures for changing the cost allocation methodology4 7,c7 ,requirements ,the cost allocation methodology shall-- 7i7 ensure equal treatment in the provision of like services of all ,states and groups of ,states2 and 7ii7 allocate to each route the costs incurred only for the benefit of that route and a proportionate share1 based upon factors that reasonably reflect relative use1 of costs incurred for the common benefit of more than #a route4 7b7 ,invoices and reports ,not later than ,february #ae1 #bjaf1 and monthly thereafter1 ,amtrak shall provide to each ,state that sponsors a ,state-supported route a monthly invoice of the cost of operating such route1 including fixed costs and third-party costs4 ,the ,committee shall determine the frequency and contents of the financial and performance reports that ,amtrak shall provide to the ,states1 as well as the planning and demand reports that the ,states shall provide to ,amtrak4 7c7 ,dispute resolution 7#a7 ,request for dispute resolution ,if a dispute arises with respect to the rules and procedures implemented under subsection 7a77#d71 an invoice or a report provided under subsection 7b71 implementation or compliance with the cost allocation methodology developed under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 or amended under subsection 7a77#f7 of this section1 either ,amtrak or the ,state may request that the ,surface ,transportation ,board conduct dispute resolution under this subsection4 7#b7 ,procedures ,the ,surface ,transportation ,board shall establish procedures for resolution of disputes brought before it under this subsection1 which may include provision of professional mediation services4 7#c7 ,binding effect ,a decision of the ,surface ,transportation ,board under this subsection shall be binding on the parties to the dispute4 7#d7 ,obligation ,nothing in this subsection shall affect the obligation of a ,state to pay an amount not in dispute4 7d7 ,assistance 7#a7 ,in general ,the ,secretary may provide assistance to the parties in the course of negotiations for a contract for operation of a ,state-supported route4 7#b7 ,financial assistance ,from among available funds1 the ,secretary shall-- 7,a7 provide financial assistance to ,amtrak or #a or more ,states to perform requested independent technical analysis of issues before the ,committee2 and 7,b7 reimburse ,members for travel expenses1 including per diem in lieu of subsistence1 in accordance with section #egjc of title #e4 7e7 ,performance metrics ,in negotiating a contract for operation of a ,state-supported route1 ,amtrak and the ,state or ,states that sponsor the route shall consider including provisions that provide penalties and incentives for performance4 7f7 ,statement of goals and objectives 7#a7 ,in general ,the ,committee shall develop a statement of goals1 objectives1 and associated recommendations concerning the future of ,state-supported routes operated by ,amtrak4 ,the statement shall identify the roles and responsibilities of ,committee members and any other relevant entities1 such as host railroads1 in meeting the identified goals and objectives1 or carrying out the recommendations4 ,the ,committee may consult with such relevant entities1 as the ,committee considers appropriate1 when developing the statement4 7#b7 ,transmission of statement of goals and objectives ,not later than #b years after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act the ,committee shall transmit the statement developed under paragraph 7#a7 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7g7 ,rule of ,construction ,the decisions of the ,committee-- 7#a7 shall pertain to the rail operations of ,amtrak and related activities of trains operated by ,amtrak on ,state-sponsored routes2 and 7#b7 shall not pertain to the rail operations or related activities of services operated by other rail passenger carriers on ,state-supported routes4 7h7 ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,committee4 7i7 ,definition of ,state ,in this section1 the term ,state means any of the #ej ,states1 the ,district of ,columbia1 or a public entity that sponsor the operation of trains by ,amtrak on a ,state-supported route4 4 7b7 ,technical and conforming amendments ,the table of contents for chapter #bdg is amended by adding at the end the following3 #bdgab4 ,state-supported routes operated by ,amtrak4 4 #cebjd4 ,route and service planning decisions ,section #bjh of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 is amended to read as follows3 #bjh4 ,methodologies for ,amtrak route and service planning decisions 7a7 ,methodology development ,not later than #ahj days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 as a condition of receiving a grant under section #aja of that ,act1 ,amtrak shall obtain the services of an independent entity to develop and recommend objective methodologies for ,amtrak to use in determining what intercity rail passenger transportation routes and services it should provide1 including the establishment of new routes1 the elimination of existing routes1 and the contraction or expansion of services or frequencies over such routes4 7b7 ,considerations ,amtrak shall require the independent entity1 in developing the methodologies described in subsection 7a71 to consider-- 7#a7 the current and expected performance and service quality of intercity rail passenger transportation operations1 including cost recovery1 on-time performance1 ridership1 on-board services1 stations1 facilities1 equipment1 and other services2 7#b7 the connectivity of a route with other routes2 7#c7 the transportation needs of communities and populations that are not well served by intercity rail passenger transportation service or by other forms of intercity transportation2 7#d7 the methodologies of ,amtrak and major intercity rail passenger transportation service providers in other countries for determining intercity passenger rail routes and services2 7#e7 the financial and operational effects on the overall network1 including the effects on indirect costs2 7#f7 the views of ,states and the recommendations described in ,state rail plans1 rail carriers that own infrastructure over which ,amtrak operates1 ,interstate ,compacts established by ,congress and ,states1 ,amtrak employee representatives1 stakeholder organizations1 and other interested parties2 and 7#g7 the funding levels that will be available under authorization levels that have been enacted into law4 7c7 ,recommendations ,not later than #a year after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives recommendations developed by the independent entity under subsection 7a74 7d7 ,consideration of recommendations ,not later than #ij days after the date the recommendations are transmitted under subsection 7c71 ,amtrak shall consider the adoption of each recommendation and transmit 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 explaining the reasons for adopting or not adopting each recommendation4 4 #cebje4 ,competition 7a7 ,alternate passenger rail service pilot program ,section #bdgaa is amended to read as follows3 #bdgaa4 ,alternate passenger rail service pilot program 7a7 ,in general ,not later than #ah months after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 the ,secretary of ,transportation shall promulgate a rule to implement a pilot program for competitive selection of rail carriers for long-distance routes 7as defined in section #bdajb74 7b7 ,pilot program requirements 7#a7 ,in general ,the pilot program shall-- 7,a7 allow a party described in paragraph 7#b7 to petition the ,secretary to provide intercity rail passenger transportation over a long-distance route in lieu of ,amtrak for an operations period of #d years from the date of commencement of service by the winning bidder and1 at the option of the ,secretary1 consistent with the rule promulgated under subsection 7a71 allow the contract to be renewed for an additional operations period of #d years1 but not to exceed a total of #c operations periods2 7,b7 require the ,secretary to-- 7i7 notify the petitioner and ,amtrak of receipt of the petition under subparagraph 7,a7 and to publish in the ,federal ,register a notice of receipt not later than #cj days after the date of receipt2 and 7ii7 establish a deadline1 of not more than #abj days after the notice of receipt is published in the ,federal ,register under clause 7i71 by which both the petitioner and ,amtrak1 if ,amtrak chooses to do so1 would be required to submit a complete bid to provide intercity rail passenger transportation over the applicable route2 7,c7 require that each bid-- 7i7 describe the capital needs1 financial projections1 and operational plans1 including staffing plans1 for the service1 and such other factors as the ,secretary considers appropriate2 and 7ii7 be made available by the winning bidder to the public after the bid award2 7,d7 for a route that receives funding from a ,state or ,states1 require that for each bid received from a party described in paragraph 7#b71 other than a ,state1 the ,secretary have the concurrence of the ,state or ,states that provide funding for that route2 7,e7 for a winning bidder that is not or does not include ,amtrak1 require the ,secretary to execute a contract not later than #bgj days after the deadline established under subparagraph 7,b77ii7 and award to the winning bidder-- 7i7 subject to paragraphs 7#c7 and 7#d71 the right and obligation to provide intercity rail passenger transportation over that route subject to such performance standards as the ,secretary may require2 and 7ii7 an operating subsidy1 as determined by the ,secretary1 for-- 7,i7 the first year at a level that does not exceed #ij percent of the level in effect for that specific route during the fiscal year preceding the fiscal year in which the petition was received1 adjusted for inflation2 and 7,,ii7 any subsequent years at the level calculated under subclause 7,i71 adjusted for inflation2 and 7,f7 for a winning bidder that is or includes ,amtrak1 award to that bidder an operating subsidy1 as determined by the ,secretary1 over the applicable route that will not change during the fiscal year in which the bid was submitted solely as a result of the winning bid4 7#b7 ,eligible petitioners ,the following parties are eligible to submit petitions under paragraph 7#a73 7,a7 ,a rail carrier or rail carriers that own the infrastructure over which ,amtrak operates a long-distance route4 7,b7 ,a rail passenger carrier with a written agreement with the rail carrier or rail carriers that own the infrastructure over which ,amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation4 7,c7 ,a ,state1 group of ,states1 or ,state-supported joint powers authority or other sub-,state governance entity responsible for provision of intercity rail passenger transportation with a written agreement with the rail carrier or rail carriers that own the infrastructure over which ,amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation4 7,d7 ,a ,state1 group of ,states1 or ,state-supported joint powers authority or other sub-,state governance entity responsible for provision of intercity rail passenger transportation and a rail passenger carrier with a written agreement with the rail carrier or rail carriers that own the infrastructure over which ,amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation4 7#c7 ,performance standards ,if the winning bidder under paragraph 7#a77;,e77i7 is not or does not include ,amtrak1 the performance standards shall be consistent with the performance required of or achieved by ,amtrak on the applicable route during the last fiscal year4 7#d7 ,agreement governing access issues ,unless the winning bidder already has applicable access agreements in place or includes a rail carrier that owns the infrastructure used in the operation of the route1 the winning bidder under paragraph 7#a77;,e77i7 shall enter into a written agreement governing access issues between the winning bidder and the rail carrier or rail carriers that own the infrastructure over which the winning bidder would operate and that host or would host the intercity rail passenger transportation4 7c7 ,access to facilities2 employees ,if the ,secretary awards the right and obligation to provide rail passenger transportation over a route under this section to an entity in lieu of ,amtrak-- 7#a7 the ,secretary shall require ,amtrak to provide access to the ,amtrak-owned reservation system1 stations1 and facilities directly related to operations of the awarded routes to the rail passenger carrier awarded a contract under this section1 in accordance with subsection 7g71 as necessary to carry out the purposes of this section2 7#b7 an employee of any person1 except for a freight railroad or a person employed or contracted by a freight railroad1 used by such rail passenger carrier in the operation of a route under this section shall be considered an employee of that rail passenger carrier and subject to the applicable ,federal laws and regulations governing similar crafts or classes of employees of ,amtrak2 and 7#c7 the winning bidder shall provide hiring preference to qualified ,amtrak employees displaced by the award of the bid1 consistent with the staffing plan submitted by the bidder1 and shall be subject to the grant conditions under section #bddje4 7d7 ,cessation of service ,if a rail passenger carrier awarded a route under this section ceases to operate the service or fails to fulfill an obligation under the contract required under subsection 7b77#a77;,e71 the ,secretary shall take any necessary action consistent with this title to enforce the contract and ensure the continued provision of service1 including-- 7#a7 the installment of an interim rail passenger carrier2 7#b7 providing to the interim rail passenger carrier under paragraph 7#a7 an operating subsidy necessary to provide service2 and 7#c7 rebidding the contract to operate the rail passenger transportation4 7e7 ,budget authority 7#a7 ,in general ,the ,secretary shall provide to a winning bidder that is not or does not include ,amtrak and that is selected under this section any appropriations withheld under section #ceaja7;c7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent appropriation for the same purpose1 necessary to cover the operating subsidy described in subsection 7b77#a77;,e77ii74 7#b7 ,amtrak ,if the ,secretary selects a winning bidder that is not or does not include ,amtrak1 the ,secretary may provide to ,amtrak an appropriate portion of the appropriations under section #ceaja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent appropriation for the same purpose1 to cover any cost directly attributable to the termination of ,amtrak service on the route and any indirect costs to ,amtrak imposed on other ,amtrak routes as a result of losing service on the route operated by the winning bidder4 ,any amount provided by the ,secretary to ,amtrak under this paragraph shall not be deducted from or have any effect on the operating subsidy described in subsection 7b77#a77;,e77ii74 7f7 ,deadline ,if the ,secretary does not promulgate the final rule and implement the program before the deadline under subsection 7a71 the ,secretary 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 letter1 signed by the ,secretary and ,administrator of the ,federal ,railroad ,administration1 each month until the rule is complete1 including-- 7#a7 the reasons why the rule has not been issued2 7#b7 an updated staffing plan for completing the rule as soon as feasible2 7#c7 the contact information of the official that will be overseeing the execution of the staffing plan2 and 7#d7 the estimated date of completion of the rule4 7g7 ,disputes ,if ,amtrak and the rail passenger carrier awarded a route under this section cannot agree upon terms to carry out subsection 7c77#a71 and the ,surface ,transportation ,board finds that access to ,amtrak's facilities or equipment1 or the provision of services by ,amtrak1 is necessary under subsection 7c77#a7 and that the operation of ,amtrak's other services will not be impaired thereby1 the ,surface ,transportation ,board shall issue an order that the facilities and equipment be made available1 and that services be provided1 by ,amtrak1 and shall determine reasonable compensation1 liability1 and other terms for use of the facilities and equipment and provision of the services4 7h7 ,limitation ,not more than #c long-distance routes may be selected under this section for operation by a winning bidder that is not or does not include ,amtrak4 7i7 ,preservation of ,right to ,competition on ,state-,supported ,routes ,nothing in this section shall be construed as prohibiting a ,state from introducing competition for intercity rail passenger transportation or services on its ,state-supported route or routes4 4 7b7 ,report ,not later than #d years after the date of implementation of the pilot program under section #bdgaa of title #di1 ,united ,states ,code1 and quadrennially thereafter until the pilot program is discontinued1 the ,secretary 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 results on the pilot program to date and any recommendations for further action4 #cebjf4 ,rolling stock purchases 7a7 ,in general ,prior to entering into any contract in excess of #ajj1jjj1jjj for rolling stock and locomotive procurements ,amtrak shall submit a business case analysis to the ,secretary1 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives1 on the utility of such procurements4 7b7 ,contents ,the business case analysis shall-- 7#a7 include a cost and benefit comparison that describes the total lifecycle costs and the anticipated benefits related to revenue1 operational efficiency1 reliability1 and other factors2 7#b7 set forth the total payments by fiscal year2 7#c7 identify the specific source and amounts of funding for each payment1 including ,federal funds1 ,state funds1 ,amtrak profits1 ,federal1 ,state1 or private loans or loan guarantees1 and other funding2 7#d7 include an explanation of whether any payment under the contract will increase ,amtrak's grant request1 as required under section #bdcah of title #di1 ,united ,states ,code1 in that particular fiscal year2 and 7#e7 describe how ,amtrak will adjust the procurement if future funding is not available4 7c7 ,rule of construction ,nothing in this section shall be construed as requiring ,amtrak to disclose confidential information regarding a potential vendor's proposed pricing or other sensitive business information prior to contract execution4 #cebjg4 ,food and beverage policy 7a7 ,in general ,chapter #bdc1 as amended in section #cebjb of this ,act1 is further amended by adding after section #bdcbj the following3 #bdcba4 ,food and beverage reform 7a7 ,plan ,not later than #ij days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 ,amtrak shall develop and begin implementing a plan to eliminate1 not later than #d years after the date of enactment of that ,act1 the operating loss associated with providing food and beverage service on board ,amtrak trains4 7b7 ,considerations ,in developing and implementing the plan under subsection 7a71 ,amtrak shall consider a combination of cost management and revenue generation initiatives1 including-- 7#a7 scheduling optimization2 7#b7 onboard logistics2 7#c7 product development and supply chain efficiency2 7#d7 training1 awards1 and accountability2 7#e7 technology enhancements and process improvements2 and 7#f7 ticket revenue allocation4 7c7 ,savings clause ,amtrak shall ensure that no ,amtrak employee holding a position as of the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act is involuntarily separated because of-- 7#a7 the development and implementation of the plan required under subsection 7a72 or 7#b7 any other action taken by ,amtrak to implement this section4 7d7 ,no ,federal funding for operating losses ,beginning on the date that is #d years after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 no ,federal funds may be used to cover any operating loss associated with providing food and beverage service on a route operated by ,amtrak or an alternative passenger rail service provider that operates a route in lieu of ,amtrak under section #bdgaa4 7e7 ,report ,not later than #abj days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 and annually thereafter for a period of #d years1 ,amtrak shall transmit 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 plan developed under subsection 7a7 and a description of progress in the implementation of the plan4 4 7b7 ,conforming amendment ,the table of contents for chapter #bdc1 as amended in section #cebjb of this ,act1 is amended by adding at the end the following3 #bdcba4 ,food and beverage reform4 4 #cebjh4 ,local products and promotional events 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 ,amtrak shall establish a pilot program for a ,state or ,states that sponsor a ,state-supported route operated by ,amtrak to facilitate-- 7#a7 onboard purchase and sale of local food and beverage products2 and 7#b7 partnerships with local entities to hold promotional events on trains or in stations4 7b7 ,program design ,the pilot program under paragraph 7#a7 shall allow a ,state or ,states-- 7#a7 to nominate and select a local food and beverage products supplier or suppliers or local promotional event partner2 7#b7 to charge a reasonable price or fee for local food and beverage products or promotional events and related activities to help defray the costs of program administration and ,state-supported routes2 and 7#c7 a mechanism to ensure that ,state products can effectively be handled and integrated into existing food and beverage services1 including compliance with all applicable regulations and standards governing such services4 7c7 ,program administration ,the pilot program shall-- 7#a7 for local food and beverage products1 ensure the products are integrated into existing food and beverage services1 including compliance with all applicable regulations and standards2 7#b7 for promotional events1 ensure the events are held in compliance with all applicable regulations and standards1 including terms to address insurance requirements2 and 7#c7 require an annual report that documents revenues and costs and indicates whether the products or events resulted in a reduction in the financial contribution of a ,state or ,states to the applicable ,state-supported route4 7d7 ,report ,not later than #d years after the date of establishment of the pilot programs under this section1 ,amtrak shall report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on which ,states have participated in the pilot programs under this section4 ,the report shall summarize the financial and operational outcomes of the pilot programs4 7e7 ,rule of construction ,nothing in this subsection shall be construed as limiting ,amtrak's ability to operate special trains in accordance with section #baf of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdcjh note74 #cebji4 ,right-of-way leveraging 7a7 ,request for proposals 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 ,amtrak shall issue a ,request for ,proposals seeking qualified persons or entities to utilize right-of-way and real estate owned1 controlled1 or managed by ,amtrak for telecommunications systems1 energy distribution systems1 and other activities considered appropriate by ,amtrak4 7#b7 ,contents ,the ,request for ,proposals shall provide sufficient information on the right-of-way and real estate assets to enable respondents to propose an arrangement that will monetize or generate additional revenue from such assets through revenue sharing or leasing agreements with ,amtrak1 to the extent possible4 7b7 ,consideration of proposals ,not later than #ahj days following the deadline for the receipt of proposals under subsection 7a71 ,amtrak shall review and consider each qualified proposal4 ,amtrak may enter into such agreements as are necessary to implement any qualified proposal4 7c7 ,report ,not later than #bgj days following the deadline for the receipt of proposals under subsection 7a71 ,amtrak shall transmit 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 ,request for ,proposals required by this section1 including summary information of any proposals submitted to ,amtrak and any proposals accepted by ,amtrak4 7d7 ,savings ,clause ,nothing in this section shall be construed to limit ,amtrak's ability to utilize right-of-way or real estate assets that it currently owns1 controls1 or manages or constrain ,amtrak's ability to enter into agreements with other parties to utilize such assets4 #cebaj4 ,station development 7a7 ,report on development options ,not later than #a year after the date of the enactment of this ,act1 ,amtrak shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7#a7 options to enhance economic development and accessibility of and around ,amtrak stations and terminals1 for the purposes of-- 7,a7 improving station condition1 functionality1 capacity1 and customer amenities2 7,b7 generating additional investment capital and development-related revenue streams2 7,c7 increasing ridership and revenue2 7,d7 complying with the applicable sections of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq472 and 7,e7 strengthening multimodal connections1 including transit1 intercity buses1 roll-on and roll-off bicycles1 and airports1 as appropriate2 and 7#b7 options for additional ,amtrak stops that would have a positive incremental financial impact to ,amtrak1 based on ,amtrak feasibility studies that demonstrate a financial benefit to ,amtrak by generating additional revenue that exceeds any incremental costs4 7b7 ,request for information ,not later than #ij days after the date the report is transmitted under subsection 7a71 ,amtrak shall issue a ,request of ,information for #a or more owners of stations served by ,amtrak to formally express an interest in completing the requirements of this section4 7c7 ,proposals 7#a7 ,request for proposals ,not later than #ahj days after the date the ,request for ,information is issued under subsection 7a71 ,amtrak shall issue a ,request for ,proposals from qualified persons1 including small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses1 to lead1 participate1 or partner with ,amtrak1 a station owner that responded under subsection 7b71 and other entities in enhancing development in and around such stations and terminals using applicable options identified under subsection 7a7 at facilities selected by ,amtrak4 7#b7 ,consideration of proposals ,not later than #a year after the date the ,request for ,proposals are issued under paragraph 7#a71 ,amtrak shall review and consider qualified proposals submitted under paragraph 7#a74 ,amtrak or a station owner that responded under subsection 7b7 may enter into such agreements as are necessary to implement any qualified proposal4 7d7 ,report ,not later than #c years after the date of enactment of this ,act1 ,amtrak shall transmit 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 ,request for ,proposals process required under this section1 including summary information of any qualified proposals submitted to ,amtrak and any proposals acted upon by ,amtrak or a station owner that responded under subsection 7b74 7e7 ,definitions ,in this section1 the terms small business concern1 socially and economically disadvantaged individual1 and veteran-owned small business have the meanings given the terms in section #cjd7;c7 of this ,act4 7f7 ,savings clause ,nothing in this section shall be construed to limit ,amtrak's ability to develop its stations1 terminals1 or other assets1 to constrain ,amtrak's ability to enter into and carry out agreements with other parties to enhance development at or around ,amtrak stations or terminals1 or to affect any station development initiatives ongoing as of the date of enactment of this ,act4 #cebaa4 ,amtrak debt ,section #bje of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 is amended-- 7#a7 by striking as of the date of enactment of this ,act each place it appears2 7#b7 in subsection 7a7-- 7,a7 by inserting 1 to the extent provided in advance in appropriations ,acts after ,amtrak's indebtedness2 and 7,b7 by striking the second sentence2 7#c7 in subsection 7b71 by striking ,the ,secretary of the ,treasury1 in consultation and inserting ,to the extent amounts are provided in advance in appropriations ,acts1 the ,secretary of the ,treasury1 in consultation2 7#d7 in subsection 7d71 by inserting 1 to the extent provided in advance in appropriations ,acts after as appropriate2 7#e7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking by section #ajb of this division2 and 7,b7 in paragraph 7#b71 by striking by section #ajb and inserting for ,amtrak2 7#f7 in subsection 7g71 by inserting 1 unless that debt receives credit assistance1 including direct loans and loan guarantees1 under chapter #f of title #bc1 ,united ,states ,code or title ,v of the ,railroad ,revitalization and ,regulatory ,act of #aigf 7#de ,u4,s4,c4 #hba et seq47 after ,secretary2 and 7#g7 by striking subsection 7h74 #cebab4 ,amtrak pilot program for passengers transporting domesticated cats and dogs 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 ,amtrak shall develop a pilot program that allows passengers to transport domesticated cats or dogs on certain trains operated by ,amtrak4 7b7 ,pet policy ,in developing the pilot program required under subsection 7a71 ,amtrak shall-- 7#a7 in the case of a passenger train that is comprised of more than #a car1 designate1 where feasible1 at least #a car in which a ticketed passenger may transport a domesticated cat or dog in the same manner as carry-on baggage if-- 7,a7 the cat or dog is contained in a pet kennel2 7,b7 the pet kennel complies with ,amtrak size requirements for carriage of carry-on baggage2 7,c7 the passenger is traveling on a train operating on a route described in subparagraph 7,a71 7,b71 or 7,d7 of section #bdajb7f7 of title #di1 ,united ,states ,code2 and 7,d7 the passenger pays a fee described in paragraph 7#c72 7#b7 allow a ticketed passenger to transport a domesticated cat or dog on a train in the same manner as cargo if-- 7,a7 the cat or dog is contained in a pet kennel2 7,b7 the pet kennel is stowed in accordance with ,amtrak requirements for cargo stowage2 7,c7 the passenger is traveling on a train operating on a route described in subparagraph 7,a71 7,b71 or 7,d7 of section #bdajb7f7 of title #di1 ,united ,states ,code2 7,d7 the cargo area is temperature controlled in a manner protective of cat and dog safety and health2 and 7,e7 the passenger pays a fee described in paragraph 7#c72 and 7#c7 collect fees for each cat or dog transported by a ticketed passenger in an amount that1 in the aggregate and at a minimum1 covers the full costs of the pilot program4 7c7 ,report ,not later than #a year after the pilot program required under subsection 7a7 is first implemented1 ,amtrak shall transmit 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 containing an evaluation of the pilot program4 7d7 ,limitation on statutory construction 7#a7 ,service animals ,the pilot program under subsection 7a7 shall be separate from and in addition to the policy governing ,amtrak passengers traveling with service animals4 ,nothing in this section may be interpreted to limit or waive the rights of passengers to transport service animals4 7#b7 ,additional train cars ,nothing in this section may be interpreted to require ,amtrak to add additional train cars or modify existing train cars4 7#c7 ,federal funds ,no ,federal funds may be used to implement the pilot program required under this section4 #cebac4 ,amtrak board of directors 7a7 ,in general ,section #bdcjb7;a7 is amended to read as follows3 7a7 ,composition and terms 7#a7 ,in general ,the ,amtrak ,board of ,directors 7referred to in this section as the ,board7 is composed of the following #i directors1 each of whom must be a citizen of the ,united ,states3 7,a7 ,the ,secretary of ,transportation4 7,b7 ,the ,president of ,amtrak4 7,c7 #g individuals appointed by the ,president of the ,united ,states1 by and with the advice and consent of the ,senate1 with general business and financial experience1 experience or qualifications in transportation1 freight and passenger rail transportation1 travel1 hospitality1 or passenger air transportation businesses1 or representatives of employees or users of passenger rail transportation or a ,state government4 7#b7 ,selection ,in selecting individuals described in paragraph 7#a77;,c7 for nominations for appointments to the ,board1 the ,president shall consult with the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 and the minority leader of the ,senate4 ,the individuals appointed to the ,board under paragraph 7#a77;,c7 shall be composed of the following2 7,a7 #b individuals from the ,northeast ,corridor4 7,b7 #d individuals from regions of the country outside of the ,northeast ,corridor and geographically distributed with-- 7i7 #b individuals from ,states with long-distance routes operated by ,amtrak2 and 7ii7 #b individuals from ,states with ,state-supported routes operated by ,amtrak4 7,c7 #a individual from the ,northeast ,corridor or a ,state with long-distance or ,state-supported routes4 7#c7 ,term ,an individual appointed under paragraph 7#a77;,c7 shall be appointed for a term of #e years4 ,the term may be extended until the individual's successor is appointed and qualified4 ,not more than #d individuals appointed under paragraph 7#a77;,c7 may be members of the same political party4 7#d7 ,chairperson and vice chairperson ,the ,board shall elect a chairperson and vice chairperson1 other than the ,president of ,amtrak1 from among its membership4 ,the vice chairperson shall serve as chairperson in the absence of the chairperson4 7#e7 ,secretary's designee ,the ,secretary may be represented at ,board meetings by the ,secretary's designee4 4 7b7 ,rule of construction ,nothing in this section shall be construed as affecting the term of any director serving on the ,amtrak ,board of ,directors under section #bdcjb7;a77#a77;,c7 of title #di1 ,united ,states ,code1 on the day preceding the date of enactment of this ,act4 #cebad4 ,amtrak boarding procedures 7a7 ,report ,not later than #f months after the date of enactment of this ,act1 the ,amtrak ,office of ,inspector ,general shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that-- 7#a7 evaluates ,amtrak's boarding procedures for passengers1 including passengers using or transporting nonmotorized transportation1 such as wheelchairs and bicycles1 at its #ae stations through which the most people pass2 7#b7 compares ,amtrak's boarding procedures to-- 7,a7 commuter railroad boarding procedures at stations shared with ,amtrak2 7,b7 international intercity passenger rail boarding procedures2 and 7,c7 fixed guideway transit boarding procedures2 and 7#c7 makes recommendations1 as appropriate1 in consultation with the ,transportation ,security ,administration1 to improve ,amtrak's boarding procedures1 including recommendations regarding the queuing of passengers and free-flow of all station users and facility improvements needed to achieve the recommendations4 7b7 ,consideration of recommendations ,not later than #f months after the report is submitted under subsection 7a71 ,amtrak shall consider each recommendation provided under subsection 7a77#c7 for implementation at appropriate locations across the ,amtrak system4 ,c ,intercity passenger rail policy #cecja4 ,competitive operating grants 7a7 ,in general ,chapter #bdd is amended-- 7#a7 by striking section #bddjf2 and 7#b7 by inserting after section #bddje the following3 #bddjf4 ,competitive operating grants 7a7 ,applicant defined ,in this section1 the term applicant means-- 7#a7 a ,state2 7#b7 a group of ,states2 7#c7 an ,interstate ,compact2 7#d7 a public agency or publicly chartered authority established by #a or more ,states and having responsibility for providing intercity rail passenger transportation or commuter rail passenger transportation2 7#e7 a political subdivision of a ,state2 7#f7 ,amtrak or another rail passenger carrier that provides intercity rail passenger transportation2 7#g7 ,any rail carrier in partnership with at least #a of the entities described in paragraphs 7#a7 through 7#e72 and 7#h7 any combination of the entities described in paragraphs 7#a7 through 7#g74 7b7 ,grants authorized ,the ,secretary of ,transportation shall develop and implement a program for issuing #c-year operating assistance grants to applicants1 on a competitive basis1 for the purpose of initiating1 restoring1 or enhancing intercity rail passenger service4 7c7 ,application ,an applicant for a grant under this section shall submit to the ,secretary-- 7#a7 a capital and mobilization plan that-- 7,a7 describes any capital investments1 service planning actions 7such as environmental reviews71 and mobilization actions 7such as qualification of train crews7 required for initiation of service2 and 7,b7 includes the timeline for undertaking and completing each of the investments and actions referred to in subparagraph 7,a72 7#b7 an operating plan that describes the planned operation of the service1 including-- 7,a7 the identity and qualifications of the train operator2 7,b7 the identity and qualifications of any other service providers2 7,c7 service frequency2 7,d7 the planned routes and schedules2 7,e7 the station facilities that will be utilized2 7,f7 projected ridership1 revenues1 and costs2 7,g7 descriptions of how the projections under subparagraph 7,f7 were developed2 7,h7 the equipment that will be utilized1 how such equipment will be acquired or refurbished1 and where such equipment will be maintained2 and 7,i7 a plan for ensuring safe operations and compliance with applicable safety regulations2 7#c7 a funding plan that-- 7,a7 describes the funding of initial capital costs and operating costs for the first #c years of operation2 7,b7 includes a commitment by the applicant to provide the funds described in subparagraph 7,a7 to the extent not covered by ,federal grants and revenues2 and 7,c7 describes the funding of operating costs and capital costs1 to the extent necessary1 after the first #c years of operation2 and 7#d7 a description of the status of negotiations and agreements with-- 7,a7 each of the railroads or regional transportation authorities whose tracks or facilities would be utilized by the service2 7,b7 the anticipated rail passenger carrier1 if such entity is not part of the applicant group2 and 7,c7 any other service providers or entities expected to provide services or facilities that will be used by the service1 including any required access to ,amtrak systems1 stations1 and facilities if ,amtrak is not part of the applicant group4 7d7 ,priorities ,in awarding grants under this section1 the ,secretary shall give priority to applications-- 7#a7 for which planning1 design1 any environmental reviews1 negotiation of agreements1 acquisition of equipment1 construction1 and other actions necessary for initiation of service have been completed or nearly completed2 7#b7 that would restore service over routes formerly operated by ,amtrak1 including routes with international connections2 7#c7 that would provide daily or daytime service over routes where such service did not previously exist2 7#d7 that include private funding 7including funding from railroads71 and funding or other significant participation by ,state1 local1 and regional governmental and private entities2 7#e7 that include a funding plan that demonstrates the intercity rail passenger service will be financially sustainable beyond the #c-year grant period2 7#f7 that would provide service to regions and communities that are underserved or not served by other intercity public transportation2 7#g7 that would foster economic development1 particularly in rural communities and for disadvantaged populations2 7#h7 that would provide other non-transportation benefits2 and 7#i7 that would enhance connectivity and geographic coverage of the existing national network of intercity passenger rail service4 7e7 ,limitations 7#a7 ,duration ,federal operating assistance grants authorized under this section for any individual intercity rail passenger transportation route may not provide funding for more than #c years and may not be renewed4 7#b7 ,limitation ,not more than #f of the operating assistance grants awarded pursuant to subsection 7b7 may be simultaneously active4 7#c7 ,maximum funding ,grants described in paragraph 7#a7 may not exceed-- 7,a7 #hj percent of the projected net operating costs for the first year of service2 7,b7 #fj percent of the projected net operating costs for the second year of service2 and 7,c7 #dj percent of the projected net operating costs for the third year of service4 7f7 ,use with capital grants and other ,federal funding ,a recipient of an operating assistance grant under subsection 7b7 may use that grant in combination with other grants awarded under this chapter or any other ,federal funding that would benefit the applicable service4 7g7 ,availability ,amounts appropriated for carrying out this section shall remain available until expended4 7h7 ,coordination with ,amtrak ,if the ,secretary awards a grant under this section to a rail passenger carrier other than ,amtrak1 ,amtrak may be required under section #bdgaa7;c77#a7 of this title to provide access to its reservation system1 stations1 and facilities that are directly related to operations to such carrier1 to the extent necessary to carry out the purposes of this section4 ,the ,secretary may award an appropriate portion of the grant to ,amtrak as compensation for this access4 7i7 ,conditions 7#a7 ,grant agreement ,the ,secretary shall require grant recipients under this section to enter into a grant agreement that requires them to provide similar information regarding the route performance1 financial1 and ridership projections1 and capital and business plans that ,amtrak is required to provide1 and such other data and information as the ,secretary deems necessary4 7#b7 ,installments2 termination ,the ,secretary may-- 7,a7 award grants under this section in installments1 as the ,secretary considers appropriate2 and 7,b7 terminate any grant agreement upon-- 7i7 the cessation of service2 or 7ii7 the violation of any other term of the grant agreement4 7#c7 ,grant conditions ,except as specifically provided in this section1 the use of any amounts appropriated for grants under this section shall be subject to the requirements under this chapter4 7j7 ,report ,not later than #d years after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 the ,secretary1 after consultation with grant recipients under this section1 shall submit a report to ,congress that describes-- 7#a7 the implementation of this section2 7#b7 the status of the investments and operations funded by such grants2 7#c7 the performance of the routes funded by such grants2 7#d7 the plans of grant recipients for continued operation and funding of such routes2 and 7#e7 any legislative recommendations4 4 7b7 ,conforming amendments ,chapter #bdd is amended-- 7#a7 in the table of contents1 by inserting after the item relating to section #bddje the following3 #bddjf4 ,competitive operating grants4 2 7#b7 in the chapter title1 by striking ,intercity passenger rail service corridor capital and inserting ,rail capital and operating2 7#c7 in section #bddja1 by striking paragraph 7#a72 7#d7 in section #bddjb1 by striking subsection 7j7 and inserting the following3 7j7 ,applicant defined ,in this section1 the term applicant means a ,state 7including the ,district of ,columbia71 a group of ,states1 an ,interstate ,compact1 a public agency or publicly chartered authority established by #a or more ,states and having responsibility for providing intercity rail passenger transportation1 or a political subdivision of a ,state4 2 and 7#e7 in section #bddje-- 7,a7 in subsection 7b7-- 7i7 by inserting 1 or for which an operating grant is issued under section #bddjf1 after chapter2 and 7ii7 in paragraph 7#b71 by striking 7#dc and inserting 7#de2 7,b7 in subsection 7d77#a71 in the matter preceding subparagraph 7,a71 by inserting or unless ,amtrak ceased providing intercity passenger railroad transportation over the affected route more than #c years before the commencement of new service after unless such service was provided solely by ,amtrak to another entity2 7,c7 in subsection 7f71 by striking under this chapter for commuter rail passenger transportation1 as defined in section #bdjab7d7 of this title4 and inserting under this chapter for commuter rail passenger transportation 7as defined in section #bdajb7c7742 and 7,d7 by adding at the end the following3 7g7 ,special transportation circumstances ,in carrying out this chapter1 the ,secretary shall allocate an appropriate portion of the amounts available under this chapter to provide grants to ,states-- 7#a7 in which there is no intercity passenger rail service1 for the purpose of funding freight rail capital projects that are on a ,state rail plan developed under chapter #bbg that provide public benefits 7as defined in chapter #bbg71 as determined by the ,secretary2 or 7#b7 in which the rail transportation system is not physically connected to rail systems in the continental ,united ,states or may not otherwise qualify for a grant under this section due to the unique characteristics of the geography of that ,state or other relevant considerations1 for the purpose of funding transportation-related capital projects4 4 #cecjb4 ,federal-,state partnership for state of good repair 7a7 ,amendment ,chapter #bdd is amended by inserting after section #bddjf1 as added by section #ecja of this ,act1 the following3 #bddjg4 ,federal-,state partnership for state of good repair 7a7 ,definitions ,in this section3 7#a7 ,applicant ,the term applicant means-- 7,a7 a ,state 7including the ,district of ,columbia72 7,b7 a group of ,states2 7,c7 an ,interstate ,compact2 7,d7 a public agency or publicly chartered authority established by #a or more ,states that has responsibility for providing intercity rail passenger transportation or commuter rail passenger transportation2 7,e7 a political subdivision of a ,state2 7,f7 ,amtrak1 acting on its own behalf or under a cooperative agreement with #a or more ,states2 or 7,g7 any combination of the entities described in subparagraphs 7,a7 through 7,f74 7#b7 ,capital project ,the term capital project means-- 7,a7 a project primarily intended to replace1 rehabilitate1 or repair major infrastructure assets utilized for providing intercity passenger rail service1 including tunnels1 bridges1 stations1 and other assets1 as determined by the ,secretary2 or 7,b7 a project primarily intended to improve intercity passenger rail performance1 including reduced trip times1 increased train frequencies1 higher operating speeds1 and other improvements1 as determined by the ,secretary4 7#c7 ,northeast ,corridor ,the term ,northeast ,corridor means-- 7,a7 the main rail line between ,boston1 ,massachusetts and the ,virginia ,avenue interlocking in the ,district of ,columbia2 and 7,b7 the branch rail lines connecting to ,harrisburg1 ,pennsylvania1 ,springfield1 ,massachusetts1 and ,spuyten ,duyvil1 ,new ,york4 7#d7 ,qualified railroad asset ,the term qualified railroad asset means infrastructure1 equipment1 or a facility that-- 7,a7 is owned or controlled by an eligible applicant2 and 7,b7 was not in a state of good repair on the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act4 7b7 ,grant program authorized ,the ,secretary of ,transportation shall develop and implement a program for issuing grants to applicants1 on a competitive basis1 to fund capital projects that reduce the state of good repair backlog on qualified railroad assets4 7c7 ,eligible projects ,projects eligible for grants under this section include capital projects to replace or rehabilitate qualified railroad assets1 including-- 7#a7 capital projects to replace existing assets in-kind2 7#b7 capital projects to replace existing assets with assets that increase capacity or provide a higher level of service2 and 7#c7 capital projects to ensure that service can be maintained while existing assets are brought to a state of good repair4 7d7 ,project selection criteria ,in selecting an applicant for a grant under this section1 the ,secretary shall-- 7#a7 give preference to eligible projects-- 7,a7 that are consistent with the goals1 objectives1 and policies defined in any regional rail planning document that is applicable to a project proposal2 and 7,b7 for which the proposed ,federal share of total project costs does not exceed #ej percent2 and 7#b7 take into account-- 7,a7 the cost-benefit analysis of the proposed project1 including anticipated private and public benefits relative to the costs of the proposed project1 including-- 7i7 effects on system and service performance2 7ii7 effects on safety1 competitiveness1 reliability1 trip or transit time1 and resilience2 7iii7 efficiencies from improved integration with other modes2 and 7iv7 ability to meet existing or anticipated demand2 7,b7 the degree to which the proposed project's business plan considers potential private sector participation in the financing1 construction1 or operation of the proposed project2 7,c7 the applicant's past performance in developing and delivering similar projects1 and previous financial contributions2 7,d7 whether the applicant has1 or will have-- 7i7 the legal1 financial1 and technical capacity to carry out the project2 7ii7 satisfactory continuing control over the use of the equipment or facilities2 and 7iii7 the capability and willingness to maintain the equipment or facilities2 7,e7 if applicable1 the consistency of the project with planning guidance and documents set forth by the ,secretary or required by law2 and 7,f7 any other relevant factors1 as determined by the ,secretary4 7e7 ,planning requirements ,a project is not eligible for a grant under this section unless the project is specifically identified-- 7#a7 on a ,state rail plan prepared in accordance with chapter #bbg2 or 7#b7 if the project is located on the ,northeast ,corridor1 on the ,northeast ,corridor ,capital ,investment ,plan developed pursuant to section #bdijd7;a74 7f7 ,northeast corridor projects 7#a7 ,compliance with usage agreements ,grant funds may not be provided under this section to an eligible recipient for an eligible project located on the ,northeast ,corridor unless ,amtrak and the public authorities providing commuter rail passenger transportation on the ,northeast ,corridor are in compliance with section #bdije7;c77#b74 7#b7 ,capital investment plan ,when selecting projects located on the ,northeast ,corridor1 the ,secretary shall consider the appropriate sequence and phasing of projects as contained in the ,northeast ,corridor ,capital ,investment ,plan developed pursuant to section #bdijd7;a74 7g7 ,federal share of total project costs 7#a7 ,total project cost ,the ,secretary shall estimate the total cost of a project under this section based on the best available information1 including engineering studies1 studies of economic feasibility1 environmental analyses1 and information on the expected use of equipment or facilities4 7#b7 ,federal share ,the ,federal share of total costs for a project under this subsection shall not exceed #hj percent4 7#c7 ,treatment of ,amtrak revenue ,if ,amtrak or another rail passenger carrier is an applicant under this section1 ,amtrak or the other rail passenger carrier1 as applicable1 may use ticket and other revenues generated from its operations and other sources to satisfy the non-,federal share requirements4 7h7 ,letters of intent 7#a7 ,in general ,the ,secretary may issue a letter of intent to a grantee under this section that-- 7,a7 announces an intention to obligate1 for a major capital project under this section1 an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the ,secretary in the project2 and 7,b7 states that the contingent commitment-- 7i7 is not an obligation of the ,federal ,government2 and 7ii7 is subject to the availability of appropriations under ,federal law and to ,federal laws in force or enacted after the date of the contingent commitment4 7#b7 ,congressional notification 7,a7 ,in general ,not later than #cj days before issuing a letter under paragraph 7#a71 the ,secretary shall submit written notification to-- 7i7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7ii7 the ,committee on ,appropriations of the ,senate2 7iii7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7iv7 the ,committee on ,appropriations of the ,house of ,representatives4 7,b7 ,contents ,the notification submitted pursuant to subparagraph 7,a7 shall include-- 7i7 a copy of the proposed letter or agreement2 7ii7 the criteria used under subsection 7d7 for selecting the project for a grant award2 and 7iii7 a description of how the project meets such criteria4 7#c7 ,appropriations required ,an obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose4 7i7 ,availability ,amounts appropriated for carrying out this section shall remain available until expended4 7j7 ,grant conditions ,except as specifically provided in this section1 the use of any amounts appropriated for grants under this section shall be subject to the requirements under this chapter4 4 7b7 ,conforming amendment ,the table of contents for chapter #bdd is amended by inserting after the item relating to section #bddjf the following3 #bddjg4 ,federal-,state partnership for state of good repair4 4 #cecjc4 ,large capital project requirements ,section #bddjb is amended by adding at the end the following3 7m7 ,large capital project requirements 7#a7 ,in general ,for a grant awarded under this chapter for an amount in excess of #a1jjj1jjj1jjj1 the following conditions shall apply3 7,a7 ,the ,secretary of ,transportation may not obligate any funding unless the applicant demonstrates1 to the satisfaction of the ,secretary1 that the applicant has committed1 and will be able to fulfill1 the non-,federal share required for the grant within the applicant's proposed project completion timetable4 7,b7 ,the ,secretary may not obligate any funding for work activities that occur after the completion of final design unless-- 7i7 the applicant submits a financial plan to the ,secretary that generally identifies the sources of the non-,federal funding required for any subsequent segments or phases of the corridor service development program covering the project for which the grant is awarded2 7ii7 the grant will result in a useable segment1 a transportation facility1 or equipment1 that has operational independence or is financially sustainable2 and 7iii7 the intercity passenger rail benefits anticipated to result from the grant1 such as increased speed1 improved on-time performance1 reduced trip time1 increased frequencies1 new service1 safety improvements1 improved accessibility1 or other significant enhancements1 are detailed by the grantee and approved by the ,secretary4 7,c7 7i7 ,the ,secretary shall ensure that the project is maintained to the level of utility that is necessary to support the benefits approved under subparagraph 7,b77iii7 for a period of #bj years from the date on which the useable segment1 transportation facility1 or equipment described in subparagraph 7,b77ii7 is placed in service4 7ii7 ,if the project property is not maintained as required under clause 7i7 for a #ab-month period1 the grant recipient shall refund a pro-rata share of the ,federal contribution1 based upon the percentage remaining of the #bj-year period that commenced when the project property was placed in service4 7#b7 ,early work ,the ,secretary may allow a grantee subject to this subsection to engage in at-risk work activities subsequent to the conclusion of final design if the ,secretary determines that such work activities are reasonable and necessary4 4 #cecjd4 ,small business participation study 7a7 ,study ,the ,secretary shall conduct a nationwide disparity and availability study on the availability and use of small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses in publicly funded intercity passenger rail service projects4 7b7 ,report ,not later than #d years after the date of enactment of this ,act1 the ,secretary shall submit a report containing the results of the study conducted under subsection 7a7 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7c7 ,definitions ,in this section3 7#a7 ,small business concern ,the term small business concern has the meaning given such term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb71 except that the term does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding #c fiscal years in excess of #bb1daj1jjj1 as adjusted annually by the ,secretary for inflation4 7#b7 ,socially and economically disadvantaged individual ,the term socially and economically disadvantaged individual has the meaning given such term in section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations issued pursuant to such ,act1 except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this section4 7#c7 ,veteran-owned small business ,the term veteran-owned small business has the meaning given the term small business concern owned and controlled by veterans in section #c7q77#c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7q77#c771 except that the term does not include any concern or group of concerns controlled by the same veterans that have average annual gross receipts during the preceding #c fiscal years in excess of #bb1daj1jjj1 as adjusted annually by the ,secretary for inflation4 #cecje4 ,gulf coast rail service working group 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall convene a working group to evaluate the restoration of intercity rail passenger service in the ,gulf ,coast region between ,new ,orleans1 ,louisiana1 and ,orlando1 ,florida4 7b7 ,membership ,the working group convened pursuant to subsection 7a7 shall consist of representatives of-- 7#a7 the ,federal ,railroad ,administration1 which shall serve as chair of the working group2 7#b7 ,amtrak2 7#c7 the ,states along the proposed route or routes2 7#d7 regional transportation planning organizations and metropolitan planning organizations1 municipalities1 and communities along the proposed route or routes1 which shall be selected by the ,administrator2 7#e7 the ,southern ,rail ,commission2 7#f7 freight railroad carriers whose tracks may be used for such service2 and 7#g7 other entities determined appropriate by the ,secretary1 which may include independent passenger rail operators that express an interest in ,gulf ,coast service4 7c7 ,responsibilities ,the working group shall-- 7#a7 evaluate all options for restoring intercity rail passenger service in the ,gulf ,coast region1 including options outlined in the report transmitted to ,congress pursuant to section #bbf of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb72 7#b7 select a preferred option for restoring such service2 7#c7 develop a prioritized inventory of capital projects and other actions required to restore such service and cost estimates for such projects or actions2 and 7#d7 identify ,federal and non-,federal funding sources required to restore such service1 including options for entering into public-private partnerships to restore such service4 7d7 ,report ,not later than #i months after the date of enactment of this ,act1 the working group shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes-- 7#a7 the preferred option selected under subsection 7c77#b7 and the reasons for selecting such option2 7#b7 the information described in subsection 7c77#c72 7#c7 the funding sources identified under subsection 7c77#d72 7#d7 the costs and benefits of restoring intercity rail passenger transportation in the region2 and 7#e7 any other information the working group determines appropriate4 #cecjf4 ,integrated passenger rail working group 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall convene a working group to review issues relating to-- 7#a7 the potential operation of ,state-supported routes by rail passenger carriers other than ,amtrak2 and 7#b7 their role in establishing an integrated intercity passenger rail network in the ,united ,states4 7b7 ,membership ,the working group shall consist of a balanced representation of-- 7#a7 the ,federal ,railroad ,administration1 who shall chair the ,working ,group2 7#b7 ,states that fund ,state-sponsored routes2 7#c7 independent passenger rail operators1 including those that carry at least #e1jjj1jjj passengers annually in ,united ,states or international rail service2 7#d7 ,amtrak2 7#e7 railroads that host intercity ,state-supported routes2 7#f7 employee representatives from railroad unions and building trade unions with substantial engagement in railroad rights of way construction and maintenance2 and 7#g7 other entities determined appropriate by the ,secretary4 7c7 ,responsibilities ,the working group shall evaluate options for improving ,state-supported routes and may make recommendations1 as appropriate1 regarding-- 7#a7 best practices for ,state or ,state authority governance of ,state-supported routes2 7#b7 future sources of ,federal and non-,federal funding sources for ,state-supported routes2 7#c7 best practices in obtaining passenger rail operations and services on a competitive basis with the objective of creating the highest quality service at the lowest cost to the taxpayer2 7#d7 ensuring potential interoperability of ,state-supported routes as a part of a national network with multiple providers providing integrated services including ticketing1 scheduling1 and route planning2 and 7#e7 the interface between ,state-supported routes and connecting commuter rail operations1 including maximized intra-modal and intermodal connections and common sources of funding for capital projects4 7d7 ,meetings ,not later than #fj days after the establishment of the working group by the ,secretary under subsection 7a71 the working group shall convene an organizational meeting outside of the ,district of ,columbia and shall define the rules and procedures governing the proceedings of the working group4 ,the working group shall hold at least #c meetings per year in ,states that fund ,state-supported routes4 7e7 ,reports 7#a7 ,preliminary report ,not later than #a year after the date the working group is established1 the working group shall submit a preliminary report to the ,secretary1 the ,governors of ,states funding ,state-supported routes1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes-- 7,a7 administrative recommendations that can be implemented by a ,state and ,state authority or by the ,secretary2 and 7,b7 preliminary legislative recommendations4 7#b7 ,final legislative recommendations ,not later than #b years after the date the working group is established1 the working group shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes final legislative recommendations4 #cecjg4 ,shared-use study 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with ,amtrak1 commuter rail authorities1 and other passenger rail operators1 railroad carriers that own rail infrastructure over which both passenger and freight trains operate1 ,states1 the ,surface ,transportation ,board1 the ,northeast ,corridor ,commission established under section #bdije1 the ,state-,supported ,route ,committee established under section #bdgab1 and groups representing rail passengers and customers1 as appropriate1 shall complete a study that evaluates-- 7#a7 the shared use of right-of-way by passenger and freight rail systems2 and 7#b7 the operational1 institutional1 and legal structures that would best support improvements to the systems referred to in paragraph 7#a74 7b7 ,areas of study ,in conducting the study under subsection 7a71 the ,secretary shall evaluate-- 7#a7 the access and use of railroad right-of-way by a rail carrier that does not own the right-of-way1 such as passenger rail services that operate over privately-owned right-of-way1 including an analysis of-- 7,a7 access agreements2 7,b7 costs of access2 and 7,c7 the resolution of disputes relating to such access or costs2 7#b7 the effectiveness of existing contractual1 statutory1 and regulatory mechanisms for establishing1 measuring1 and enforcing train performance standards1 including-- 7,a7 the manner in which passenger train delays are recorded2 7,b7 the assignment of responsibility for such delays2 and 7,c7 the use of incentives and penalties for performance2 7#c7 strengths and weaknesses in the existing mechanisms described in paragraph 7#b7 and possible approaches to address the weaknesses2 7#d7 mechanisms for measuring and maintaining public benefits resulting from publicly funded freight or passenger rail improvements1 including improvements directed towards shared-use right-of-way by passenger and freight rail2 7#e7 approaches to operations1 capacity1 and cost estimation modeling that-- 7,a7 allows for transparent decisionmaking2 and 7,b7 protects the proprietary interests of all parties2 7#f7 liability requirements and arrangements1 including-- 7,a7 whether to expand statutory liability limits to additional parties2 7,b7 whether to revise the current statutory liability limits2 7,c7 whether current insurance levels of passenger rail operators are adequate and whether to establish minimum insurance requirements for such passenger rail operators2 and 7,d7 whether to establish a liability regime modeled after section #agj of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbaj72 7#g7 the effect on rail passenger services1 operations1 liability limits and insurance levels of the assertion of sovereign immunity by a ,state2 and 7#h7 other issues identified by the ,secretary4 7c7 ,report ,not later than #fj days after the study under subsection 7a7 is complete1 the ,secretary 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 includes-- 7#a7 the results of the study2 and 7#b7 any recommendations for further action1 including any legislative proposals consistent with such recommendations4 7d7 ,implementation ,the ,secretary shall integrate the recommendations submitted under subsection 7c7 into its financial assistance programs under subtitle ,v of title #di1 ,united ,states ,code1 and section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb71 as appropriate4 #cecjh4 ,northeast ,corridor ,commission 7a7 ,composition ,section #bdije7;a7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting 1 infrastructure investments1 after rail operations2 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 members representing the ,department of ,transportation1 including the ,office of the ,secretary1 the ,federal ,railroad ,administration1 and the ,federal ,transit ,administration2 2 and 7,c7 in subparagraph 7,d7 by inserting and commuter after freight2 and 7#b7 by amending paragraph 7#f7 to read as follows3 7#f7 ,the members of the ,commission shall elect co-chairs consisting of #a member described in paragraph 7#a77;,b7 and #a member described in paragraph 7#a77;,c74 4 7b7 ,statement of goals and recommendations ,section #bdije7;b7 is amended-- 7#a7 in paragraph 7#a71 by inserting and periodically update after develop2 7#b7 in paragraph 7#b77;,a71 by striking beyond those specified in the state of good repair plan under section #baa of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh2 and 7#c7 by adding at the end the following3 7#c7 ,submission of statement of goals1 recommendations1 and performance reports ,the ,commission 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-- 7,a7 any updates made to the statement of goals developed under paragraph 7#a7 not later than #fj days after such updates are made2 and 7,b7 annual performance reports and recommendations for improvements1 as appropriate1 issued not later than ,march #ca of each year1 for the prior fiscal year1 which summarize-- 7i7 the operations and performance of commuter1 intercity1 and freight rail transportation along the ,northeast ,corridor2 and 7ii7 the delivery of the capital plan described in section #bdijd4 4 7c7 ,cost allocation policy ,section #bdije7;c7 is amended-- 7#a7 in the subsection heading1 by striking ,access costs and inserting ,allocation of costs2 7#b7 in paragraph 7#a7-- 7,a7 in the paragraph heading1 by striking formula and inserting policy2 7,b7 in the matter preceding subparagraph 7,a71 by striking ,within #b years after the date of enactment of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh1 the ,commission and inserting ,the ,commission2 7,c7 in subparagraph 7,a71 by striking formula and inserting policy2 and 7,d7 by striking subparagraph 7,b7 through 7,d7 and inserting the following3 7,b7 develop a proposed timetable for implementing the policy2 7,c7 submit the policy and timetable developed under subparagraph 7,b7 to the ,surface ,transportation ,board1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7,d7 not later than ,october #a1 #bjae1 adopt and implement the policy in accordance with the timetable2 and 7,e7 with the consent of a majority of its members1 the ,commission may petition the ,surface ,transportation ,board to appoint a mediator to assist the ,commission members through nonbinding mediation to reach an agreement under this section4 2 7#c7 in paragraph 7#b7-- 7,a7 by striking formula proposed in and inserting policy developed under2 and 7,b7 in the second sentence-- 7i7 by striking the timetable1 the ,commission shall petition the ,surface ,transportation ,board to and inserting paragraph 7#a77;,d7 or fail to comply with the policy thereafter1 the ,surface ,transportation ,board shall2 and 7ii7 by striking amounts for such services in accordance with section #bdijd7;c7 of this title and inserting for such usage in accordance with the procedures and procedural schedule applicable to a proceeding under section #bdijc7;c71 after taking into consideration the policy developed under paragraph 7#a77;,a71 as applicable2 7#d7 in paragraph 7#c71 by striking formula and inserting policy2 and 7#e7 by adding at the end the following3 7#d7 ,request for dispute resolution ,if a dispute arises with the implementation of1 or compliance with1 the policy developed under paragraph 7#a71 the ,commission1 ,amtrak1 or public authorities providing commuter rail passenger transportation on the ,northeast ,corridor may request that the ,surface ,transportation ,board conduct dispute resolution4 ,the ,surface ,transportation ,board shall establish procedures for resolution of disputes brought before it under this paragraph1 which may include the provision of professional mediation services4 4 7d7 ,conforming amendments ,section #bdije is amended-- 7#a7 by striking subsection 7d72 7#b7 by redesignating subsections 7e7 and 7f7 as subsections 7d7 and 7e71 respectively2 7#c7 in subsection 7d71 as redesignated1 by striking to the ,commission such sums as may be necessary for the period encompassing fiscal years #bjji through #bjac to carry out this section and inserting to the ,secretary for the use of the ,commission and the ,northeast ,corridor ,safety ,committee such sums as may be necessary to carry out this section during fiscal year #bjaf through #bjai1 in addition to amounts withheld under section #ceaja7;e7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act2 and 7#d7 in subsection 7e77#b71 as redesignated1 by striking on the main line4 and inserting on the main line and meet annually with the ,commission on the topic of ,northeast ,corridor safety and security44 7e7 ,northeast ,corridor planning 7#a7 ,amendment ,chapter #bdi is amended-- 7,a7 by redesignating section #bdijd as section #bdijc2 and 7,b7 by inserting after section #bdijc1 as redesignated1 the following3 #bdijd4 ,northeast ,corridor planning 7a7 ,northeast ,corridor ,capital ,investment ,plan 7#a7 ,requirement ,not later than ,may #a of each year1 the ,northeast ,corridor ,commission established under section #bdije 7referred to in this section as the ,commission7 shall-- 7,a7 develop a capital investment plan for the ,northeast ,corridor main line between ,boston1 ,massachusetts1 and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the ,northeast ,corridor branch lines connecting to ,harrisburg1 ,pennsylvania1 ,springfield1 ,massachusetts1 and ,spuyten ,duyvil1 ,new ,york1 including the facilities and services used to operate and maintain those lines2 and 7,b7 submit the capital investment plan to the ,secretary of ,transportation and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#b7 ,contents ,the capital investment plan shall-- 7,a7 reflect coordination and network optimization across the entire ,northeast ,corridor2 7,b7 integrate the individual capital and service plans developed by each operator using the methods described in the cost allocation policy developed under section #bdije7;c72 7,c7 cover a period of #e fiscal years1 beginning with the first fiscal year after the date on which the plan is completed2 7,d7 notwithstanding section #bdijb7;b71 identify1 prioritize1 and phase the implementation of projects and programs to achieve the service outcomes identified in the ,northeast ,corridor service development plan and the asset condition needs identified in the ,northeast ,corridor asset management plans1 once available1 and consider-- 7i7 the benefits and costs of capital investments in the plan2 7ii7 project and program readiness2 7iii7 the operational impacts2 and 7iv7 funding availability2 7,e7 categorize capital projects and programs as primarily associated with2 7i7 normalized capital replacement and basic infrastructure renewals2 7ii7 replacement or rehabilitation of major ,northeast ,corridor infrastructure assets1 including tunnels1 bridges1 stations1 and other assets2 7iii7 statutory1 regulatory1 or other legal mandates2 7iv7 improvements to support service enhancements or growth2 or 7v7 strategic initiatives that will improve overall operational performance or lower costs2 7,f7 identify capital projects and programs that are associated with more than #a category described in subparagraph 7,e72 7,g7 describe the anticipated outcomes of each project or program1 including an assessment of-- 7i7 the potential effect on passenger accessibility1 operations1 safety1 reliability1 and resiliency2 7ii7 the ability of infrastructure owners and operators to meet regulatory requirements if the project or program is not funded2 and 7iii7 the benefits and costs2 and 7,h7 include a financial plan4 7#c7 ,financial plan ,the financial plan under paragraph 7#b77;,h7 shall-- 7,a7 identify funding sources and financing methods2 7,b7 identify the expected allocated shares of costs pursuant to the cost allocation policy developed under section #bdije7;c72 7,c7 identify the projects and programs that the ,commission expects will receive ,federal financial assistance2 and 7,d7 identify the eligible entity or entities that the ,commission expects will receive the ,federal financial assistance described under subparagraph 7,c74 7b7 ,failure ,to ,develop a ,capital ,investment ,plan ,if a capital investment plan has not been developed by the ,commission for a given fiscal year1 then the funds assigned to the account established under section #bdcai7;b7 for that fiscal year may be spent only on-- 7#a7 capital projects described in clause 7i7 or 7iii7 of subsection 7a77#b77;,e7 of this section2 or 7#b7 capital projects described in subsection 7a77#b77;,e77iv7 of this section that are for the sole benefit of ,amtrak4 7c7 ,northeast ,corridor ,asset ,management 7#a7 ,contents ,with regard to its infrastructure1 ,amtrak and each ,state and public transportation entity that owns infrastructure that supports or provides for intercity rail passenger transportation on the ,northeast ,corridor shall develop an asset management system and develop and update1 as necessary1 a ,northeast ,corridor asset management plan for each service territory described in subsection 7a7 that-- 7,a7 are consistent with the ,federal ,transit ,administration process1 as authorized under section #ecbf1 when implemented2 and 7,b7 include1 at a minimum-- 7i7 an inventory of all capital assets owned by the developer of the asset management plan2 7ii7 an assessment of asset condition2 7iii7 a description of the resources and processes necessary to bring or maintain those assets in a state of good repair1 including decision-support tools and investment prioritization methods2 and 7iv7 a description of changes in asset condition since the previous version of the plan4 7#b7 ,transmittal ,each entity described in paragraph 7#a7 shall transmit to the ,commission-- 7,a7 not later than #b years after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 its ,northeast ,corridor asset management plan developed under paragraph 7#a72 and 7,b7 at least biennial thereafter1 an update to its ,northeast ,corridor asset management plan4 7d7 ,northeast ,corridor service development plan updates ,not less frequently than once every #aj years1 the ,commission shall update the ,northeast ,corridor service development plan4 4 7#b7 ,conforming amendments 7,a7 ,note and mortgage ,section #bdijg7;a7 is amended by striking section #bdijd of this title and inserting section #bdijc4 7,b7 ,table of contents amendment ,the table of contents for chapter #bdi is amended-- 7i7 by redesignating the item relating to section #bdijd as relating to section #bdijc2 and 7ii7 by inserting after the item relating to section #bdijc1 as redesignated1 the following3 #bdijd4 ,northeast ,corridor planning4 4 7#c7 ,repeal ,section #baa of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb2 #di ,u4,s4,c4 #bdijb note7 is repealed4 #cecji4 ,northeast ,corridor through-ticketing and procurement efficiencies 7a7 ,through-,ticketing ,study 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,northeast ,corridor ,commission established under section #bdije7;a7 of title #di1 ,united ,states ,code 7referred to in this section as the ,commission71 in consultation with ,amtrak and the commuter rail passenger transportation providers along the ,northeast ,corridor shall complete a study on the feasibility of and options for permitting through-ticketing between ,amtrak service and commuter rail services on the ,northeast ,corridor4 7#b7 ,contents ,in completing the study under paragraph 7#a71 the ,northeast ,corridor ,commission shall-- 7,a7 examine the current state of intercity and commuter rail ticketing technologies1 policies1 and other relevant aspects on the ,northeast ,corridor2 7,b7 consider and recommend technology1 process1 policy1 or other options that would permit through-ticketing to allow intercity and commuter rail passengers to purchase1 in a single transaction1 travel that utilizes ,amtrak and connecting commuter rail services2 7,c7 consider options to expand through-ticketing to include local transit services2 7,d7 summarize costs1 benefits1 opportunities1 and impediments to developing such through-ticketing options2 and 7,e7 develop a proposed methodology1 including cost and schedule estimates1 for carrying out a pilot program on through-ticketing on the ,northeast ,corridor4 7#c7 ,report ,not later than #fj days after the date the study under paragraph 7#a7 is complete1 the ,commission 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 includes-- 7,a7 the results of the study2 and 7,b7 any recommendations for further action4 7b7 ,joint procurement study 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in cooperation with the ,commission1 ,amtrak1 and commuter rail transportation authorities on the ,northeast ,corridor shall complete a study of the potential benefits resulting from ,amtrak and such authorities undertaking select joint procurements for common materials1 assets1 and equipment when expending ,federal funds for such purchases4 7#b7 ,contents ,in completing the study under paragraph 7#a71 the ,secretary shall consider-- 7,a7 the types of materials1 assets1 and equipment that are regularly purchased by ,amtrak and such authorities that are similar and could be jointly procured2 7,b7 the potential benefits of such joint procurements1 including lower procurement costs1 better pricing1 greater market relevancy1 and other efficiencies2 7,c7 the potential costs of such joint procurements2 7,d7 any significant impediments to undertaking joint procurements1 including any necessary harmonization and reconciliation of ,federal and ,state procurement or safety regulations or standards and other requirements2 and 7,e7 whether to create ,federal incentives or requirements relating to considering or carrying out joint procurements when expending ,federal funds4 7#c7 ,transmission ,not later than #fj days after completing the study required under this subsection1 the ,secretary 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 includes-- 7,a7 the results of the study2 and 7,b7 any recommendations for further action4 7c7 ,northeast ,corridor ,in this section1 the term ,northeast ,corridor means the ,northeast ,corridor main line between ,boston1 ,massachusetts1 and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the ,northeast ,corridor branch lines connecting to ,harrisburg1 ,pennsylvania1 ,springfield1 ,massachusetts1 and ,spuyten ,duyvil1 ,new ,york1 including the facilities and services used to operate and maintain those lines4 #cecaj4 ,data and analysis 7a7 ,data ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,surface ,transportation ,board1 ,amtrak1 freight railroads1 ,state and local governments1 and regional business1 tourism and economic development agencies shall conduct a data needs assessment-- 7#a7 to support the development of an efficient and effective intercity passenger rail network2 7#b7 to identify the data needed to conduct cost-effective modeling and analysis for intercity passenger rail development programs2 7#c7 to determine limitations to the data used for inputs2 7#d7 to develop a strategy to address such limitations2 7#e7 to identify barriers to accessing existing data2 7#f7 to develop recommendations regarding whether the authorization of additional data collection for intercity passenger rail travel is warranted2 and 7#g7 to determine which entities will be responsible for generating or collecting needed data4 7b7 ,benefit-,cost ,analysis ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall enhance the usefulness of assessments of benefits and costs1 for intercity passenger rail and freight rail projects-- 7#a7 by providing ongoing guidance and training on developing benefit and cost information for rail projects2 7#b7 by providing more direct and consistent requirements for assessing benefits and costs across transportation funding programs1 including the appropriate use of discount rates2 7#c7 by requiring applicants to clearly communicate the methodology used to calculate the project benefits and costs1 including non-proprietary information on-- 7,a7 assumptions underlying calculations2 7,b7 strengths and limitations of data used2 and 7,c7 the level of uncertainty in estimates of project benefits and costs2 and 7#d7 by ensuring that applicants receive clear and consistent guidance on values to apply for key assumptions used to estimate potential project benefits and costs4 7c7 ,confidential data ,the ,secretary shall protect sensitive or confidential to the greatest extent permitted by law4 ,nothing in this section shall require any entity to provide information to the ,secretary in the absence of a voluntary agreement4 #cecaa4 ,performance-based proposals 7a7 ,solicitation of proposals 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall issue a request for proposals for projects for the financing1 design1 construction1 operation1 and maintenance of an intercity passenger rail system1 including-- 7,a7 the ,northeast ,corridor2 7,b7 the ,california ,corridor2 7,c7 the ,empire ,corridor2 7,d7 the ,pacific ,northwest ,corridor2 7,e7 the ,south ,central ,corridor2 7,f7 the ,gulf ,coast ,corridor2 7,g7 the ,chicago ,hub ,network2 7,h7 the ,florida ,corridor2 7,i7 the ,keystone ,corridor2 7,j7 the ,northern ,new ,england ,corridor2 and 7,k7 the ,southeast ,corridor4 7#b7 ,submission ,proposals shall be submitted to the ,secretary not later than #ahj days after the publication of such request for proposals under paragraph 7#a74 7#c7 ,performance standard ,proposals submitted under paragraph 7#b7 shall meet any standards established by the ,secretary4 ,for corridors with existing intercity passenger rail service1 proposals shall also be designed to achieve a reduction of existing minimum intercity rail service trip times between the main corridor city pairs by a minimum of #be percent4 ,in the case of a proposal submitted with respect to paragraph 7#a77;,a71 the proposal shall be designed to achieve a #b-;hour or less express service between ,washington1 ,district of ,columbia1 and ,new ,york ,city1 ,new ,york4 7#d7 ,contents ,a proposal submitted under this subsection shall include-- 7,a7 the names and qualifications of the persons submitting the proposal and the entities proposed to finance1 design1 construct1 operate1 and maintain the railroad1 railroad equipment1 and related facilities1 stations1 and infrastructure2 7,b7 a detailed description of the proposed rail service1 including possible routes1 required infrastructure investments and improvements1 equipment needs and type1 train frequencies1 peak and average operating speeds1 and trip times2 7,c7 a description of how the project would comply with all applicable ,federal rail safety and security laws1 orders1 and regulations2 7,d7 the locations of proposed stations1 which maximize the usage of existing infrastructure to the extent possible1 and the populations such stations are intended to serve2 7,e7 the type of equipment to be used1 including any technologies1 to achieve trip time goals2 7,f7 a description of any proposed legislation needed to facilitate all aspects of the project2 7,g7 a financing plan identifying-- 7i7 projected revenue1 and sources thereof2 7ii7 the amount of any requested public contribution toward the project1 and proposed sources2 7iii7 projected annual ridership projections for the first #aj years of operations2 7iv7 annual operations and capital costs2 7v7 the projected levels of capital investments required both initially and in subsequent years to maintain a state-of-good-repair necessary to provide the initially proposed level of service or higher levels of service2 7vi7 projected levels of private investment and sources thereof1 including the identity of any person or entity that has made or is expected to make a commitment to provide or secure funding and the amount of such commitment2 and 7vii7 projected funding for the full fair market compensation for any asset1 property right or interest1 or service acquired from1 owned1 or held by a private person or ,federal entity that would be acquired1 impaired1 or diminished in value as a result of a project1 except as otherwise agreed to by the private person or entity2 7,h7 a description of how the project would contribute to the development of the intercity passenger rail system and an intermodal plan describing how the system will facilitate convenient travel connections with other transportation services2 7,i7 a description of how the project will ensure compliance with ,federal laws governing the rights and status of employees associated with the route and service1 including those specified in section #bddje of title #di1 ,united ,states ,code2 7,j7 a description of how the design1 construction1 implementation1 and operation of the project will accommodate and allow for future growth of existing and projected intercity1 commuter1 and freight rail service2 7,k7 a description of how the project would comply with ,federal and ,state environmental laws and regulations1 of what environmental impacts would result from the project1 and of how any adverse impacts would be mitigated2 and 7,l7 a description of the project's impacts on highway and aviation congestion1 energy consumption1 land use1 and economic development in the service area4 7b7 ,determination and establishment of commissions ,not later than #ij days after receipt of the proposals under subsection 7a71 the ,secretary shall-- 7#a7 make a determination as to whether any such proposals-- 7,a7 contain the information required under paragraphs 7#c7 and 7#d7 of subsection 7a72 7,b7 are sufficiently credible to warrant further consideration2 7,c7 are likely to result in a positive impact on the ,nation's transportation system2 and 7,d7 are cost-effective and in the public interest2 7#b7 establish a commission under subsection 7c7 for each corridor with #a or more proposals that the ,secretary determines satisfy the requirements of paragraph 7#a72 and 7#c7 forward to each commission established under paragraph 7#b7 the applicable proposals for review and consideration4 7c7 ,commissions 7#a7 ,members ,each commission established under subsection 7b77#b7 shall include-- 7,a7 the governors of the affected ,states1 or their respective designees2 7,b7 mayors of appropriate municipalities with stops along the proposed corridor1 or their respective designees2 7,c7 a representative from each freight railroad carrier using the relevant corridor1 if applicable2 7,d7 a representative from each transit authority using the relevant corridor1 if applicable2 7,e7 representatives of nonprofit employee labor organizations representing affected railroad employees2 and 7,f7 the ,president of ,amtrak or his or her designee4 7#b7 ,appointment and selection ,the ,secretary shall appoint the members under paragraph 7#a74 ,in selecting each commission's members to fulfill the requirements under subparagraphs 7,b7 and 7,e7 of paragraph 7#a71 the ,secretary shall consult with the ,chairperson and ,ranking ,member of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#c7 ,chairperson and vice-chairperson selection ,the ,chairperson and ,vice-,chairperson shall be elected from among members of each commission4 7#d7 ,quorum and vacancy 7,a7 ,quorum ,a majority of the members of each commission shall constitute a quorum4 7,b7 ,vacancy ,any vacancy in each commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made4 7#e7 ,application of law ,except where otherwise provided by this section1 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to each commission created under this section4 7d7 ,commission consideration 7#a7 ,in general ,each commission established under subsection 7b77#b7 shall be responsible for reviewing the proposal or proposals forwarded to it under that subsection and not later than #ij days after the establishment of the commission1 shall transmit to the ,secretary a report1 including-- 7,a7 a summary of each proposal received2 7,b7 services to be provided under each proposal1 including projected ridership1 revenues1 and costs2 7,c7 proposed public and private contributions for each proposal2 7,d7 the advantages offered by the proposal over existing intercity passenger rail services2 7,e7 public operating subsidies or assets needed for the proposed project2 7,f7 possible risks to the public associated with the proposal1 including risks associated with project financing1 implementation1 completion1 safety1 and security2 7,g7 a ranked list of the proposals recommended for further consideration under subsection 7e7 in accordance with each proposal's projected positive impact on the ,nation's transportation system2 7,h7 an identification of any proposed ,federal legislation that would facilitate implementation of the projects and ,federal legislation that would be required to implement the projects2 and 7,i7 any other recommendations by the commission concerning the proposed projects4 7#b7 ,verbal presentation ,proposers shall be given an opportunity to make a verbal presentation to the commission to explain their proposals4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary for the use of each commission established under subsection 7b77#b7 such sums as are necessary to carry out this section4 7e7 ,selection by ,secretary 7#a7 ,in general ,not later than #fj days after receiving the recommended proposals of the commissions established under subsection 7b77#b71 the ,secretary shall-- 7,a7 review such proposals and select any proposal that provides substantial benefits to the public and the national transportation system1 is cost-effective1 offers significant advantages over existing services1 and meets other relevant factors determined appropriate by the ,secretary2 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 containing any proposal with respect to subsection 7a77#a77;,a7 that is selected by the ,secretary under subparagraph 7,a7 of this paragraph1 all the information regarding the proposal provided to the ,secretary under subsection 7d71 and any other information the ,secretary considers relevant4 7#b7 ,subsequent report ,following the submission of the report under paragraph 7#a77;,b71 the ,secretary 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 containing any proposal with respect to subparagraphs 7,b7 through 7,k7 of subsection 7a77#a7 that are selected by the ,secretary under paragraph 7#a7 of this subsection1 all the information regarding the proposal provided to the ,secretary under subsection 7d71 and any other information the ,secretary considers relevant4 7#c7 ,limitation on report submission ,the report required under paragraph 7#b7 shall not be submitted by the ,secretary until the report submitted under paragraph 7#a77;,b7 has been considered through a hearing by the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on the report submitted under paragraph 7#a77;,b74 7f7 ,no actions without additional authority ,no ,federal agency may take any action to implement1 establish1 facilitate1 or otherwise act upon any proposal submitted under this section1 other than those actions specifically authorized by this section1 without explicit statutory authority enacted after the date of enactment of this ,act4 7g7 ,definitions ,in this section3 7#a7 ,intercity passenger rail ,the term intercity passenger rail means intercity rail passenger transportation as defined in section #bdajb of title #di1 ,united ,states ,code4 7#b7 ,state ,the term ,state means any of the #ej ,states or the ,district of ,columbia4 #cecab4 ,amtrak ,inspector ,general 7a7 ,authority 7#a7 ,in general ,the ,inspector ,general of ,amtrak shall have the authority available to other ,inspectors ,general1 as necessary in carrying out the duties specified in the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 to investigate any alleged violation of sections #bhf1 #bhg1 #cga1 #fda1 #ajja1 #ajjb and #aeaf of title #ah1 ,united ,states ,code4 7#b7 ,agency ,for purposes of sections #bhf1 #bhg1 #cga1 #fda1 #ajja1 #ajjb1 and #aeaf of title #ah1 ,united ,states ,code1 ,amtrak and the ,amtrak ,office of ,inspector ,general1 shall be considered a corporation in which the ,united ,states has a proprietary interest as set forth in section #f of that title4 7b7 ,assessment ,the ,inspector ,general of ,amtrak shall-- 7#a7 not later than #fj days after the date of enactment of this ,act1 initiate an assessment to determine whether current expenditures or procurements involving ,amtrak's fulfillment of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 utilize competitive1 market-driven provisions that are applicable throughout the entire term of such related expenditures or procurements2 and 7#b7 not later than #f months after the date of enactment of this ,act1 transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives the assessment under paragraph 7#a74 7c7 ,limitation ,the authority provided by subsections 7a7 and 7b7 shall be effective only with respect to a fiscal year for which ,amtrak receives a ,federal subsidy4 #cecac4 ,miscellaneous provisions 7a7 ,title #di amendments 7#a7 ,contingent interest recoveries ,section #bbajf7;b7 is amended by striking interest thereof and inserting interest thereon4 7#b7 ,authority ,section #bbgjb7;b77#d7 is amended by striking #e years for reapproval by the ,secretary and inserting #d years for acceptance by the ,secretary4 7#c7 ,contents of ,state rail plans ,section #bbgje7;a7 is amended by striking paragraph 7#ab74 7#d7 ,mission ,section #bdaja7;b7 is amended by striking of subsection 7d7 and inserting set forth in subsection 7c74 7#e7 ,table of contents amendment ,the table of contents for chapter #bdc is amended by striking the item relating to section #bdcaf and inserting the following3 #bdcaf4 ,plans to address the needs of families of passengers involved in rail passenger accidents4 4 7#f7 ,update ,section #bdcje7;f77#c7 is amended by striking #a1jjj1jjj and inserting #e1jjj1jjj4 7#g7 ,amtrak ,chapter #bdg is amended-- 7,a7 in section #bdgjb7;a71 by striking not included in the national rail passenger transportation system2 7,b7 in section #bdgjf-- 7i7 in subsection 7a7-- 7,i7 in paragraph 7#a71 by striking a discontinuance under section #bdgjd or or2 and 7,,ii7 in paragraph 7#b71 by striking section #bdgjd or2 and 7ii7 in subsection 7b71 by striking section #bdgjd or2 and 7,c7 in section #bdgji1 by striking ,the ,secretary of the ,treasury and the ,attorney ,general1 and inserting ,the ,secretary of ,homeland ,security14 7b7 ,passenger ,rail ,investment and ,improvement ,act amendments ,section #cje7;a7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 is amended by inserting nonprofit organizations representing employees who perform overhaul and maintenance of passenger railroad equipment1 after equipment manufacturers14 ,d ,rail safety ,i ,safety improvement #cedja4 ,highway-rail grade crossing safety 7a7 ,model ,state ,highway-,rail ,grade ,crossing ,action ,plan 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall develop a model of a ,state-specific highway-rail grade crossing action plan and distribute the model plan to each ,state4 7#b7 ,contents ,the plan developed under paragraph 7#a7 shall include-- 7,a7 methodologies1 tools1 and data sources for identifying and evaluating highway-rail grade crossing safety risks1 including the public safety risks posed by blocked highway-rail grade crossings due to idling trains2 7,b7 best practices to reduce the risk of highway-rail grade crossing accidents or incidents and to alleviate the blockage of highway-rail grade crossings due to idling trains1 including strategies for-- 7i7 education1 including model stakeholder engagement plans or tools2 7ii7 engineering1 including the benefits and costs of different designs and technologies used to mitigate highway-rail grade crossing safety risks2 and 7iii7 enforcement1 including the strengths and weaknesses associated with different enforcement methods2 7,c7 for each ,state1 a customized list and data set of the highway-rail grade crossing accidents or incidents in that ,state over the past #c years1 including the location1 number of deaths1 and number of injuries for each accident or incident2 and 7,d7 contact information of a ,department of ,transportation safety official available to assist the ,state in adapting the model plan to satisfy the requirements under subsection 7b74 7b7 ,state ,highway-,rail ,grade ,crossing ,action ,plans 7#a7 ,requirements ,not later than #ah months after the ,secretary develops and distributes the model plan under subsection 7a71 the ,secretary shall promulgate a rule that requires-- 7,a7 each ,state1 except the #aj ,states identified under section #bjb of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bbeja note71 to develop and implement a ,state highway-rail grade crossing action plan2 and 7,b7 each ,state that was identified under section #bjb of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bbeja note71 to update its ,state action plan under that section and submit to the ,secretary the updated ,state action plan and a report describing what the ,state did to implement its previous ,state action plan under that section and how it will continue to reduce highway-rail grade crossing safety risks4 7#b7 ,contents ,each ,state plan required under this subsection shall-- 7,a7 identify highway-rail grade crossings that have experienced recent highway-rail grade crossing accidents or incidents1 or are at high-risk for accidents or incidents2 7,b7 identify specific strategies for improving safety at highway-rail grade crossings1 including highway-rail grade crossing closures or grade separations2 and 7,c7 designate a ,state official responsible for managing implementation of the ,state plan under subparagraph 7,a7 or 7,b7 of paragraph 7#a71 as applicable4 7#c7 ,assistance ,the ,secretary shall provide assistance to each ,state in developing and carrying out1 as appropriate1 the ,state plan under this subsection4 7#d7 ,public availability ,each ,state shall submit its final ,state plan under this subsection to the ,secretary for publication4 ,the ,secretary shall make each approved ,state plan publicly available on an official ,internet ,web site4 7#e7 ,conditions ,the ,secretary may condition the awarding of a grant to a ,state under chapter #bdd of title #di1 ,united ,states ,code1 on that ,state submitting an acceptable ,state plan under this subsection4 7#f7 ,review of action plans ,not later than #fj days after the date of receipt of a ,state plan under this subsection1 the ,secretary shall-- 7,a7 if the ,state plan is approved1 notify the ,state and publish the ,state plan under paragraph 7#d72 and 7,b7 if the ,state plan is incomplete or deficient1 notify the ,state of the specific areas in which the plan is deficient and allow the ,state to complete the plan or correct the deficiencies and resubmit the plan under paragraph 7#a74 7#g7 ,deadline ,not later than #fj days after the date of a notice under paragraph 7#f77;,b71 a ,state shall complete the plan or correct the deficiencies and resubmit the plan4 7#h7 ,failure to complete or correct plan ,if a ,state fails to meet the deadline under paragraph 7#g71 the ,secretary shall post on the ,web site under paragraph 7#d7 a notice that the ,state has an incomplete or deficient highway-rail grade crossing action plan4 7c7 ,railway-,highway ,crossings ,funds ,the ,secretary may use funds made available to carry out section #acj of title #bc1 ,united ,states ,code1 to provide ,states with funds to develop a ,state highway-rail grade crossing action plan under subsection 7b77#a77;,a7 of this section or to update a ,state action plan under subsection 7b77#a77;,b7 of this section4 7d7 ,definitions ,in this section3 7#a7 ,highway-rail grade crossing ,the term highway-rail grade crossing means a location within a ,state1 other than a location where #a or more railroad tracks cross #a or more railroad tracks at grade1 where-- 7,a7 a public highway1 road1 or street1 or a private roadway1 including associated sidewalks and pathways1 crosses #a or more railroad tracks either at grade or grade-separated2 or 7,b7 a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of non-vehicular traffic1 including pedestrians1 bicyclists1 and others1 that is not associated with a public highway1 road1 or street1 or a private roadway1 crosses #a or more railroad tracks either at grade or grade-separated4 7#b7 ,state ,the term ,state means a ,state of the ,united ,states or the ,district of ,columbia4 #cedjb4 ,speed limit action plans 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation1 in consultation with any applicable host railroad carrier1 shall survey its entire system and identify each main track location where there is a reduction of more than #bj miles per hour from the approach speed to a curve or bridge and the maximum authorized operating speed for passenger trains at that curve or bridge4 7b7 ,action plans ,not later than #abj days after the date that the survey under subsection 7a7 is complete1 a rail passenger carrier shall submit to the ,secretary an action plan that-- 7#a7 identifies each main track location where there is a reduction of more than #bj miles per hour from the approach speed to a curve or bridge and the maximum authorized operating speed for passenger trains at that curve or bridge2 7#b7 describes appropriate actions1 including modification to automatic train control systems1 if applicable1 other signal systems1 increased crew size1 improved signage1 or other practices1 including increased crew communication1 to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under paragraph 7#a72 7#c7 contains milestones and target dates for implementing each appropriate action described under paragraph 7#b72 and 7#d7 ensures compliance with the maximum authorized speed at each location identified under paragraph 7#a74 7c7 ,approval ,not later than #ij days after the date an action plan is submitted under subsection 7a71 the ,secretary shall approve1 approve with conditions1 or disapprove the action plan4 7d7 ,alternative safety measures ,the ,secretary may exempt from the requirements of this section each segment of track for which operations are governed by a positive train control system certified under section #bjaeg of title #di1 ,united ,states ,code1 or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk4 7e7 ,report ,not later than #f months after the date of the enactment of this ,act1 the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7#a7 the actions the railroad carriers have taken in response to ,safety ,advisory #bjac-jh1 entitled ,operational ,tests and ,inspections for ,compliance ,with ,maximum ,authorized ,train ,speeds and ,other ,speed ,restrictions2 7#b7 the actions the railroad carriers have taken in response to ,safety ,advisory #bjae-jc1 entitled ,operational and ,signal ,modifications for ,compliance with ,maximum ,authorized ,passenger ,train ,speeds and ,other ,speed ,restrictions2 and 7#c7 the actions the ,federal ,railroad ,administration has taken to evaluate or incorporate the information and findings arising from the safety advisories referred to in paragraphs 7#a7 and 7#b7 into the development of regulatory action and oversight activities4 7f7 ,savings clause ,nothing in this section shall prohibit the ,secretary from applying the requirements of this section to other segments of track at high risk of overspeed derailment4 #cedjc4 ,signage 7a7 ,in general ,the ,secretary shall promulgate such regulations as the ,secretary considers necessary to require each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation1 in consultation with any applicable host railroad carrier1 to install signs to warn train crews before the train approaches a location that the ,secretary identifies as having high risk of overspeed derailment4 7b7 ,alternative safety measures ,the ,secretary may exempt from the requirements of this section each segment of track for which operations are governed by a positive train control system certified under section #bjaeg of title #di1 ,united ,states ,code1 or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk4 #cedjd4 ,alerters 7a7 ,in general ,the ,secretary shall promulgate a rule to require a working alerter in the controlling locomotive of each passenger train in intercity rail passenger transportation 7as defined in section #bdajb of title #di1 ,united ,states ,code7 or commuter rail passenger transportation 7as defined in section #bdajb of title #di1 ,united ,states ,code74 7b7 ,rulemaking 7#a7 ,in general ,the ,secretary may promulgate a rule to specify the essential functionalities of a working alerter1 including the manner in which the alerter can be reset4 7#b7 ,alternate practice or technology ,the ,secretary may require or allow a technology or practice in lieu of a working alerter if the ,secretary determines that the technology or practice would achieve an equivalent or greater level of safety in enhancing or ensuring appropriate locomotive control4 #cedje4 ,signal protection 7a7 ,in general ,the ,secretary shall promulgate regulations to require1 not later than #ah months after the date of the enactment of this ,act1 that on-track safety regulations1 whenever practicable and consistent with other safety requirements and operational considerations1 include requiring implementation of redundant signal protection1 such as shunting or other practices and technologies that achieve an equivalent or greater level of safety1 for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection4 7b7 ,alternative safety measures ,the ,secretary may exempt from the requirements of this section each segment of track for which operations are governed by a positive train control system certified under section #bjaeg of title #di1 ,united ,states ,code1 or any other safety technology or practice that would achieve an equivalent or greater level of safety in providing additional signal protection4 #cedjf4 ,technology implementation plans ,section #bjaef7;e7 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 and 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#b7 by adding at the end the following3 7,c7 each railroad carrier required to submit such a plan1 until the implementation of a positive train control system by the railroad carrier1 shall analyze and1 as appropriate1 prioritize technologies and practices to mitigate the risk of overspeed derailments4 4 #cedjg4 ,commuter rail track inspections 7a7 ,in general ,the ,secretary shall evaluate track inspection regulations to determine if a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines should be required to inspect the lines in the same manner as currently required for other commuter railroad lines4 7b7 ,rulemaking ,considering safety1 including railroad carrier employee and contractor safety1 and system capacity1 the ,secretary may promulgate a rule for high density commuter railroad lines4 ,if1 after the evaluation under subsection 7a71 the ,secretary determines that it is necessary to promulgate a rule1 the ,secretary shall specifically consider the following regulatory requirements for high density commuter railroad lines3 7#a7 ,at least once every #b weeks-- 7,a7 traverse each main line by vehicle2 or 7,b7 inspect each main line on foot4 7#b7 ,at least once each month1 traverse and inspect each siding by vehicle or by foot4 7c7 ,report ,if1 after the evaluation under subsection 7a71 the ,secretary determines it is not necessary to revise the regulations under this section1 the ,secretary1 not later than #ah months after the date of enactment of this ,act1 shall transmit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives explaining the reasons for not revising the regulations4 7d7 ,construction ,nothing in this section may be construed to limit the authority of the ,secretary to promulgate regulations or issue orders under any other law4 #cedjh4 ,emergency response 7a7 ,in general ,the ,secretary1 in consultation with railroad carriers1 shall conduct a study to determine whether limitations or weaknesses exist in the emergency response information carried by train crews transporting hazardous materials4 7b7 ,contents ,in conducting the study under subsection 7a71 the ,secretary shall evaluate the differences between the emergency response information carried by train crews transporting hazardous materials and the emergency response guidance provided in the ,emergency ,response ,guidebook issued by the ,department of ,transportation4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall transmit 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 of the findings of the study under subsection 7a7 and any recommendations for legislative action4 #cedji4 ,private highway-rail grade crossings 7a7 ,in general ,the ,secretary1 in consultation with railroad carriers1 shall conduct a study-- 7#a7 to determine whether limitations or weaknesses exist regarding the availability and usefulness for safety purposes of data on private highway-rail grade crossings2 and 7#b7 to evaluate existing engineering practices on private highway-rail grade crossings4 7b7 ,contents ,in conducting the study under subsection 7a71 the ,secretary shall make recommendations as necessary to improve-- 7#a7 the utility of the data on private highway-rail grade crossings2 and 7#b7 the implementation of private highway-rail crossing safety measures1 including signage and warning systems4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall transmit 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 of the findings of the study and any recommendations for further action4 #cedaj4 ,repair and replacement of damaged track inspection equipment 7a7 ,in general ,subchapter ,i of chapter #bja is amended by inserting after section #bjabj the following3 #bjaba4 ,repair and replacement of damaged track inspection equipment ,the ,secretary of ,transportation may receive and expend cash1 or receive and utilize spare parts and similar items1 from non-,united ,states ,government sources to repair damages to or replace ,united ,states ,government owned automated track inspection cars and equipment as a result of third-party liability for such damages1 and any amounts collected under this section shall be credited directly to the ,railroad ,safety and ,operations account of the ,federal ,railroad ,administration1 and shall remain available until expended for the repair1 operation1 and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program4 4 7b7 ,conforming amendment ,the table of contents for subchapter ,i of chapter #bja is amended by adding after section #bajbj the following3 #bjaba4 ,repair and replacement of damaged track inspection equipment4 4 #cedaa4 ,rail police officers 7a7 ,in general ,section #bhaja is amended-- 7#a7 by striking employed by each place it appears and inserting directly employed by or contracted by2 7#b7 in subsection 7b71 by inserting or agent1 as applicable1 after an employee2 and 7#c7 by adding at the end the following3 7c7 ,transfers 7#a7 ,in general ,if a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a ,state transfers primary employment or residence from the certifying or commissioning ,state to another ,state or jurisdiction1 the railroad police officer1 not later than #a year after the date of transfer1 shall apply to be certified or commissioned as a police office under the laws of the ,state of new primary employment or residence4 7#b7 ,interim period ,during the period beginning on the date of transfer and ending #a year after the date of transfer1 a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a ,state may enforce the laws of the new jurisdiction in which the railroad police officer resides1 to the same extent as provided in subsection 7a74 7d7 ,training 7#a7 ,in general ,a ,state shall recognize as meeting that ,state's basic police officer certification or commissioning requirements for qualification as a rail police officer under this section any individual who successfully completes a program at a ,state-recognized police training academy in another ,state or at a ,federal law enforcement training center and who is certified or commissioned as a police officer by that other ,state4 7#b7 ,rule of construction ,nothing in this subsection shall be construed as superseding or affecting any unique ,state training requirements related to criminal law1 criminal procedure1 motor vehicle code1 or ,state-mandated comparative or annual in-service training academy or ,federal law enforcement training center4 4 7b7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall revise the regulations in part #bjg of title #di1 ,code of ,federal ,regulations 7relating to railroad police officers71 to permit a railroad to designate an individual1 who is commissioned in the individual's ,state of legal residence or ,state of primary employment and directly employed by or contracted by a railroad to enforce ,state laws for the protection of railroad property1 personnel1 passengers1 and cargo1 to serve in the ,states in which the railroad owns property4 7c7 ,conforming amendments 7#a7 ,amtrak rail police ,section #bdcje7;e7 is amended-- 7,a7 by striking may employ and inserting may directly employ or contract with2 7,b7 by striking employed by and inserting directly employed by or contracted by2 and 7,c7 by striking employed without and inserting directly employed or contracted without4 7#b7 ,secure gun storage or safety device2 exceptions ,section #ibb7z77#b77;,b7 of title #ah is amended by striking employed by and inserting directly employed by or contracted by4 #cedab4 ,operation deep dive2 report 7a7 ,progress reports ,not later than #fj days after the date of the enactment of this ,act1 and quarterly thereafter until the completion date1 the ,administrator of the ,federal ,railroad ,administration shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes the progress of ,metro-,north ,commuter ,railroad in implementing the directives and recommendations issued by the ,federal ,railroad ,administration in its ,march #bjad report to ,congress titled ,operation ,deep ,dive ,metro-,north ,commuter ,railroad ,safety ,assessment4 7b7 ,final report ,not later than #cj days after the completion date1 the ,administrator of the ,federal ,railroad ,administration shall submit a final report on the directives and recommendations to ,congress4 7c7 ,defined term ,in this section1 the term completion date means the date on which ,metro-,north ,commuter ,railroad has completed all of the directives and recommendations referred to in subsection 7a74 #cedac4 ,post-accident assessment 7a7 ,in general ,the ,secretary of ,transportation1 in cooperation with the ,national ,transportation ,safety ,board and the ,national ,railroad ,passenger ,corporation 7referred to in this section as ,amtrak71 shall conduct a post-accident assessment of the ,amtrak ,northeast ,regional ,train #ahh crash on ,may #ab1 #bjae4 7b7 ,elements ,the assessment conducted pursuant to subsection 7a7 shall include-- 7#a7 a review of ,amtrak's compliance with the plan for addressing the needs of the families of passengers involved in any rail passenger accident1 which was submitted pursuant to section #bdcaf of title #di1 ,united ,states ,code2 7#b7 a review of ,amtrak's compliance with the emergency preparedness plan required under section #bci4aja7;a7 of title #di1 ,code of ,federal ,regulations2 7#c7 a determination of any additional action items that should be included in the plans referred to in paragraphs 7#a7 and 7#b7 to meet the needs of the passengers involved in the crash and their families1 including-- 7,a7 notification of emergency contacts2 7,b7 dedicated and trained staff to manage family assistance2 7,c7 the establishment of a family assistance center at the accident locale or other appropriate location2 7,d7 a system for identifying and recovering items belonging to passengers that were lost in the crash2 and 7,e7 the establishment of a single customer service entity within ,amtrak to coordinate the response to the needs of the passengers involved in the crash and their families2 7#d7 recommendations for any additional training needed by ,amtrak staff to better implement the plans referred to in paragraphs 7#a7 and 7#b71 including the establishment of a regular schedule for training drills and exercises4 7c7 ,report to ,congress ,not later than #a year after the date of the enactment of this ,act1 ,amtrak shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7#a7 its plan to achieve the recommendations referred to in subsection 7b77#d72 and 7#b7 steps that have been taken to address any deficiencies identified through the assessment4 #cedad4 ,technical and conforming amendments 7a7 ,assistance to families of passengers involved in rail passenger accidents ,section #aaci is amended-- 7#a7 in subsection 7a77#a71 by striking phone number and inserting telephone number2 7#b7 in subsection 7a77#b71 by striking post trauma communication with families and inserting post-trauma communication with families2 and 7#c7 in subsection 7j71 by striking railroad passenger accident each place it appears and inserting rail passenger accident4 7b7 ,solid ,waste ,rail ,transfer ,facility ,land-,use ,exemption ,section #ajiji is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,clean ,railroad ,act of #bjjh and inserting ,clean ,railroads ,act of #bjjh2 and 7#b7 in subsection 7e71 by striking ,upon the granting of petition from the ,state and inserting ,upon the granting of a petition from the ,state4 7c7 ,rulemaking process ,section #bjaaf is amended-- 7#a7 by inserting 7#b7 before the code1 rule1 standard1 requirement1 or practice has been subject to notice and comment under a rule or order issued under this part4 and indenting accordingly2 7#b7 by inserting 7#a7 before unless and indenting accordingly2 7#c7 in paragraph 7#a71 as redesignated1 by striking order1 or and inserting order2 or2 and 7#d7 in the matter preceding paragraph 7#a71 as redesignated1 by striking unless and inserting unless--4 7d7 ,enforcement report ,section #bjabj7;a7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking website and inserting ,web site2 7#b7 in paragraph 7#a71 by striking accident and incidence reporting and inserting accident and incident reporting2 7#c7 in paragraph 7#b77;,g71 by inserting and at the end2 and 7#d7 in paragraph 7#e77;,b71 by striking ,administrative ,hearing ,officer or ,administrative ,law ,judge and inserting administrative hearing officer or administrative law judge4 7e7 ,railroad safety risk reduction program ,section #bjaef is amended-- 7#a7 in subsection 7c71 by inserting a comma after ,in developing its railroad safety risk reduction program2 and 7#b7 in subsection 7g77#a7-- 7,a7 by inserting a comma after good faith2 and 7,b7 by striking non-profit and inserting nonprofit4 7f7 ,roadway ,user ,sight ,distance at ,highway-,rail ,grade ,crossings ,section #bjaei is amended by striking the ,secretary and inserting the ,secretary of ,transportation4 7g7 ,national crossing inventory ,section #bjafj is amended-- 7#a7 in subsection 7a77#a71 by striking concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates and inserting concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates2 and 7#b7 in subsection 7b77#a77;,a71 by striking concerning each crossing through which it operates or with respect to the trackage over which it operates and inserting concerning each crossing through which it operates with respect to the trackage over which it operates4 7h7 ,minimum training standards and plans ,section #bjafb7;a77#c7 is amended by striking railroad compliance with ,federal standards and inserting railroad carrier compliance with ,federal standards4 7i7 ,development and use of rail safety technology ,section #bjafd7;a7 is amended by striking after enactment of the ,railroad ,safety ,enhancement ,act of #bjjh and inserting after the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh4 7j7 ,rail ,safety ,improvement ,act of #bjjh 7#a7 ,table of contents ,section #a7;b7 of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abb ,stat4 #dhdh7 is amended-- 7,a7 in the item relating to section #cjg1 by striking website and inserting ,web site2 7,b7 in the item relating to title ,,vi1 by striking solid waste facilities and inserting solid waste rail transfer facilities2 and 7,c7 in the item relating to section #fjb1 by striking solid waste transfer facilities and inserting solid waste rail transfer facilities4 7#b7 ,definitions ,section #b7;a77#a7 of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abb ,stat4 #dhdi7 is amended in the matter preceding subparagraph 7,a71 by inserting a comma after at grade4 7#c7 ,railroad safety strategy ,section #ajb7;a77#f7 of title ,i of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjaja note7 is amended by striking ,improving the safety of railroad bridges1 tunnels1 and related infrastructure to prevent accidents1 incidents1 injuries1 and fatalities caused by catastrophic failures and other bridge and tunnel failures4 and inserting ,improving the safety of railroad bridges1 tunnels1 and related infrastructure to prevent accidents1 incidents1 injuries1 and fatalities caused by catastrophic and other failures of such infrastructure44 7#d7 ,operation ,lifesaver ,section #bjf7;a7 of title ,,ii of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bbeja note7 is amended by striking ,public ,service ,announcements and inserting public service announcements4 7#e7 ,update of ,federal ,railroad ,administration's ,web ,site ,section #cjg of title ,,iii of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #ajc note7 is amended-- 7,a7 in the heading by striking ,federal ,railroad ,administration's website and inserting ,federal ,railroad ,administration ,web site2 7,b7 by striking website each place it appears and inserting ,web site2 and 7,c7 by striking website's and inserting ,web site's4 7#f7 ,alcohol and controlled substance testing for maintenance-of-way employees ,section #dab of title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjadj note7 is amended by striking ,secretary of ,transportation and inserting ,secretary4 7#g7 ,tunnel information ,section #dad of title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjajc note7 is amended-- 7,a7 by striking parts #aga4h1 #agc4aae and inserting sections #aga4h1 #agc4aae2 and 7,b7 by striking part #aebj4e and inserting section #aebj4e4 7#h7 ,safety inspections in ,mexico ,section #daf of title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjajg note7 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,secretary of ,transportation and inserting ,secretary2 and 7,b7 in paragraph 7#d71 by striking subsection and inserting section4 7#i7 ,heading of title ,,vi ,the heading of title ,,vi of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#abb ,stat4 #dijj7 is amended by striking solid waste facilities and inserting solid waste rail transfer facilities4 7#aj7 ,heading of section #fjb ,section #fjb of title ,,vi of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#abb ,stat4 #dijj7 is amended by striking solid waste transfer facilities and inserting solid waste rail transfer facilities4 #cedae4 ,,gao study on use of locomotive horns at highway-rail grade crossings ,the ,comptroller ,general of the ,united ,states shall submit a report to ,congress containing the results of a study evaluating the effectiveness of the ,federal ,railroad ,administration's final rule on the use of locomotive horns at highway-rail grade crossings1 which was published in the ,federal ,register on ,august #ag1 #bjjf 7#ga ,fed4 ,reg4 #dgfad74 #cedaf4 ,bridge inspection reports ,section #dag7;d7 of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjajc note7 is amended-- 7#a7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7#b7 by adding at the end the following3 7#b7 ,availability of bridge inspection reports ,the ,administrator of the ,federal ,railroad ,administration shall-- 7,a7 maintain a copy of the most recent bridge inspection reports prepared in accordance with section 7b77#e72 and 7,b7 provide copies of the reports described in subparagraph 7,a7 to appropriate ,state and local government transportation officials1 upon request4 4 ,,ii ,consolidated rail infrastructure and safety improvements #cedba4 ,consolidated rail infrastructure and safety improvements 7a7 ,in general ,chapter #bdd1 as amended by section #cecjb of this ,act1 is further amended by adding at the end the following3 #bddjh4 ,consolidated rail infrastructure and safety improvements 7a7 ,general authority ,the ,secretary may make grants under this section to an eligible recipient to assist in financing the cost of improving passenger and freight rail transportation systems in terms of safety1 efficiency1 or reliability4 7b7 ,eligible recipients ,the following entities are eligible to receive a grant under this section3 7#a7 ,a ,state4 7#b7 ,a group of ,states4 7#c7 ,an ,interstate ,compact4 7#d7 ,a public agency or publicly chartered authority established by #a or more ,states and having responsibility for providing intercity rail passenger1 commuter rail passenger1 or freight rail transportation service4 7#e7 ,a political subdivision of a ,state4 7#f7 ,amtrak or another rail passenger carrier that provides intercity rail passenger transportation 7as defined in section #bdajb7 or commuter rail passenger transportation 7as defined in section #bdajb74 7#g7 ,a ,class ,,ii railroad or ,class ,,iii railroad 7as those terms are defined in section #bjajb74 7#h7 ,any rail carrier or rail equipment manufacturer in partnership with at least #a of the entities described in paragraphs 7#a7 through 7#e74 7#i7 ,any entity established to procure1 manage1 or maintain passenger rail equipment under section #cje of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 7#aj7 ,an organization that is actively involved in the development of operational and safety-related standards for rail equipment and operations or the implementation of safety-related programs4 7#aa7 ,the ,transportation ,research ,board and any entity with which it contracts in the development of rail-related research1 including cooperative research programs4 7#ab7 ,a ,university transportation center actively engaged in rail-related research4 7#ac7 ,a non-profit labor organization representing a class or craft of employees of railroad carriers or railroad carrier contractors4 7c7 ,eligible projects ,the following projects are eligible to receive grants under this section3 7#a7 ,deployment of railroad safety technology1 including positive train control and rail integrity inspection systems4 7#b7 ,a capital project as defined in section #bddja1 except that a project shall not be required to be in a ,state rail plan developed under chapter #bbg4 7#c7 ,a capital project identified by the ,secretary as being necessary to address congestion challenges affecting rail service4 7#d7 ,a highway-rail grade crossing improvement1 including grade separations1 private highway-rail grade crossing improvements1 and safety engineering improvements to reduce risk in quiet zones or potential quiet zones4 7#e7 ,a rail line relocation project4 7#f7 ,a capital project to improve short-line or regional railroad infrastructure4 7#g7 ,development of public education1 awareness1 and targeted law enforcement activities to reduce violations of traffic laws at highway-rail grade crossings and to help prevent and reduce injuries and fatalities along railroad rights-of-way4 7#h7 ,the preparation of regional rail and corridor service development plans and corresponding environmental analyses4 7#i7 ,any project that the ,secretary considers necessary to enhance multimodal connections or facilitate service integration between rail service and other modes1 including between intercity rail passenger transportation and intercity bus service4 7#aj7 ,the development of rail-related capital1 operations1 and safety standards4 7#aa7 ,the implementation and operation of a safety program or institute designed to improve rail safety culture and rail safety performance4 7#ab7 ,any research that the ,secretary considers necessary to advance any particular aspect of rail-related capital1 operations1 or safety improvements4 7#ac7 ,workforce development activities1 coordinated to the extent practicable with the existing local training programs supported by the ,department of ,transportation1 ,department of ,labor1 and ,department of ,education4 7d7 ,application process ,the ,secretary shall prescribe the form and manner of filing an application under this section4 7e7 ,project selection criteria 7#a7 ,in general ,in selecting a recipient of a grant for an eligible project1 the ,secretary shall-- 7,a7 give preference to a proposed project for which the proposed ,federal share of total project costs does not exceed #ej percent2 and 7,b7 after factoring in preference to projects under subparagraph 7,a71 select projects that will maximize the net benefits of the funds appropriated for use under this section1 considering the cost-benefit analysis of the proposed project1 including anticipated private and public benefits relative to the costs of the proposed project and factoring in the other considerations described in paragraph 7#b74 7#b7 ,other considerations ,the ,secretary shall also consider the following3 7,a7 ,the degree to which the proposed project's business plan considers potential private sector participation in the financing1 construction1 or operation of the project2 7,b7 ,the recipient's past performance in developing and delivering similar projects1 and previous financial contributions2 7,c7 ,whether the recipient has or will have the legal1 financial1 and technical capacity to carry out the proposed project1 satisfactory continuing control over the use of the equipment or facilities1 and the capability and willingness to maintain the equipment or facilities2 7,d7 ,if applicable1 the consistency of the proposed project with planning guidance and documents set forth by the ,secretary or required by law or ,state rail plans developed under chapter #bbg2 7,e7 ,if applicable1 any technical evaluation ratings that proposed project received under previous competitive grant programs administered by the ,secretary2 and 7,f7 ,such other factors as the ,secretary considers relevant to the successful delivery of the project4 7#c7 ,benefits ,the benefits described in paragraph 7#a77;,b7 may include the effects on system and service performance1 including measures such as improved safety1 competitiveness1 reliability1 trip or transit time1 resilience1 efficiencies from improved integration with other modes1 and ability to meet existing or anticipated demand4 7f7 ,performance measures ,the ,secretary shall establish performance measures for each grant recipient to assess progress in achieving strategic goals and objectives4 ,the ,secretary may require a grant recipient to periodically report information related to such performance measures4 7g7 ,rural areas 7#a7 ,in general ,of the amounts appropriated under this section1 at least #be percent shall be available for projects in rural areas4 ,the ,secretary shall consider a project to be in a rural area if all or the majority of the project 7determined by the geographic location or locations where the majority of the project funds will be spent7 is located in a rural area4 7#b7 ,definition of rural area ,in this subsection1 the term rural area means any area not in an urbanized area1 as defined by the ,census ,bureau4 7h7 ,federal share of total project costs 7#a7 ,total project costs ,the ,secretary shall estimate the total costs of a project under this subsection based on the best available information1 including engineering studies1 studies of economic feasibility1 environmental analyses1 and information on the expected use of equipment or facilities4 7#b7 ,federal share ,the ,federal share of total project costs under this subsection shall not exceed #hj percent4 7#c7 ,treatment of passenger rail revenue ,if ,amtrak or another rail passenger carrier is an applicant under this section1 ,amtrak or the other rail passenger carrier1 as applicable1 may use ticket and other revenues generated from its operations and other sources to satisfy the non-,federal share requirements4 7i7 ,applicability ,except as specifically provided in this section1 the use of any amounts appropriated for grants under this section shall be subject to the requirements of this chapter4 7j7 ,availability ,amounts appropriated for carrying out this section shall remain available until expended4 4 7b7 ,conforming amendment ,the table of contents of chapter #bdd1 as amended by section #cecjb of this ,act1 is amended by adding after the item relating to section #bddjg the following3 #bddjh4 ,consolidated rail infrastructure and safety improvements4 4 ,,iii ,hazardous materials by rail safety and other safety enhancements #cedca4 ,real-time emergency response information 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,homeland ,security1 shall promulgate regulations-- 7#a7 to require a ,class ,i railroad transporting hazardous materials-- 7,a7 to generate accurate1 real-time1 and electronic train consist information1 including-- 7i7 the identity1 quantity1 and location of hazardous materials on a train2 7ii7 the point of origin and destination of the train2 7iii7 any emergency response information or resources required by the ,secretary2 and 7iv7 an emergency response point of contact designated by the ,class ,i railroad2 and 7,b7 to enter into a memorandum of understanding with each applicable fusion center to provide that fusion center with secure and confidential access to the electronic train consist information described in subparagraph 7,a7 for each train transporting hazardous materials in that fusion center's jurisdiction2 7#b7 to require each applicable fusion center to provide the electronic train consist information described in paragraph 7#a77;,a7 to first responders1 emergency response officials1 and law enforcement personnel that are involved in the response to or investigation of an incident1 accident1 or public health or safety emergency involving the rail transportation of hazardous materials and that request such electronic train consist information2 7#c7 upon the request of each ,state1 political subdivision of a ,state1 or public agency responsible for emergency response or law enforcement1 to require each applicable fusion center to provide advance notice for each high-hazard flammable train traveling through the jurisdiction of each ,state1 political subdivision of a ,state1 or public agency1 which notice shall include the electronic train consist information described in paragraph 7#a77;,a7 for the high-hazard flammable train1 and to the extent practicable1 for requesting ,states1 political subdivisions1 or public agencies1 to ensure that the fusion center shall provide at least #ab hours of advance notice for a high-hazard flammable train that will be traveling through the jurisdiction of the ,state1 political subdivision of a ,state1 or public agency1 and include within the notice its best estimate of the time the train will enter the jurisdiction2 7#d7 to prohibit any railroad1 employee1 or agent from withholding1 or causing to be withheld the train consist information from first responders1 emergency response officials1 and law enforcement personnel described in paragraph 7#b7 in the event of an incident1 accident1 or public health or safety emergency involving the rail transportation of hazardous materials2 7#e7 to establish security and confidentiality protections to prevent the release of the electronic train consist information to unauthorized persons2 and 7#f7 to allow each ,class ,i railroad to enter into a memorandum of understanding with any ,class ,,ii or ,class ,,iii railroad that operates trains over the ,class ,i railroad's line to incorporate the ,class ,,ii or ,class ,,iii railroad's train consist information within the existing framework described in paragraph 7#a74 7b7 ,definitions ,in this section3 7#a7 ,applicable fusion center ,the term applicable fusion center means a fusion center with responsibility for a geographic area in which a ,class ,i railroad operates4 7#b7 ,class ,i railroad ,the term ,class ,i railroad has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 7#c7 ,fusion center ,the term fusion center has the meaning given the term in section #abd;h7j7 of title #f1 ,united ,states ,code4 7#d7 ,hazardous materials ,the term hazardous materials means material designated as hazardous by the ,secretary of ,transportation under chapter #ea of the ,united ,states ,code4 7#e7 ,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 liquid 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 7#f7 ,train consist ,the term train consist includes1 with regard to a specific train1 the number of rail cars and the commodity transported by each rail car4 7c7 ,savings clause 7#a7 ,nothing in this section may be construed to prohibit a ,class ,i railroad from voluntarily entering into a memorandum of understanding1 as described in subsection 7a77#a77;,b71 with a ,state emergency response commission or an entity representing or including first responders1 emergency response officials1 and law enforcement personnel4 7#b7 ,nothing in this section may be construed to amend any requirement for a railroad to provide a ,state ,emergency ,response ,commission1 for each ,state in which it operates trains transporting #a1jjj1jjj gallons or more of ,bakken crude oil1 notification regarding the expected movement of such trains through the counties in the ,state4 #cedcb4 ,thermal blankets 7a7 ,requirements ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall promulgate such regulations as are necessary to require each tank car built to meet the ,,dot-#aag specification and each non-jacketed tank car modified to meet the ,,dot-#aag,r specification-- 7#a7 to be equipped with a thermal blanket2 or 7#b7 to have sufficient thermal resistance so that there will be no release of any lading within the tank car1 except release through the pressure relief device1 when subjected to a pool fire for #bjj minutes and a torch fire for #cj minutes4 7b7 ,definition of thermal blanket ,in this section1 the term thermal blanket means an insulating blanket that is applied between the outer surface of a tank car tank and the inner surface of a tank car jacket and that has thermal conductivity no greater than #b4fe ,btu per inch1 per hour1 per square foot1 and per degree ,fahrenheit at a temperature of #bjjj degrees ,fahrenheit1 plus or minus #ajj degrees ,fahrenheit4 7c7 ,savings ,clause 7#a7 ,pressure relief devices ,nothing in this section may be construed to affect or prohibit any requirement to equip with appropriately sized pressure relief devices a tank car built to meet the ,,dot-#aag specification or a non-jacketed tank car modified to meet the ,,dot-#aag,r specification4 7#b7 ,harmonization ,nothing in this section may be construed to require or allow the ,secretary to prescribe an implementation deadline or authorization end date for the requirement under subsection 7a7 that is earlier than the applicable implementation deadline or authorization end date for other tank car modifications necessary to meet the ,,dot-#aag,r specification4 #cedcc4 ,comprehensive oil spill response plans 7a7 ,requirements ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall issue a notice of proposed rulemaking to require each railroad carrier transporting a ,class #c flammable liquid to maintain a comprehensive oil spill response plan4 7b7 ,contents ,the regulations under subsection 7a7 shall require each rail carrier described in that subsection-- 7#a7 to include in the comprehensive oil spill response plan procedures and resources for responding1 to the maximum extent practicable1 to a worst-case discharge2 7#b7 to ensure the comprehensive oil spill response plan is consistent with the ,national ,contingency ,plan and each applicable ,area ,contingency ,plan2 7#c7 to include in the comprehensive oil spill response plan appropriate notification and training procedures2 7#d7 to review and update its comprehensive oil spill response plan as appropriate2 and 7#e7 to provide the comprehensive oil spill response plan for acceptance by the ,secretary4 7c7 ,savings clause ,nothing in the section may be construed as prohibiting the ,secretary from promulgating different comprehensive oil response plan standards for ,class ,i1 ,class ,,ii1 and ,class ,,iii railroads4 7d7 ,definitions ,in this section3 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 in section #agc4abj7;a7 of title #di1 ,code of ,federal ,regulations4 7#c7 ,class ,i railroad1 ,class ,,ii railroad1 and ,class ,,iii railroad ,the terms ,class ,i railroad1 ,class ,,ii railroad and ,class ,,iii railroad have the meanings given the terms in section #bjajb of title #di1 ,united ,states ,code4 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 #bjajb of title #di1 ,united ,states ,code4 7#f7 ,worst-case discharge ,the term worst-case discharge means a railroad carrier's calculation of its largest foreseeable discharge in the event of an accident or incident4 #cedcd4 ,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 ,in 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 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 incident2 7#c7 the potential applicability to trains transporting hazardous materials of-- 7,a7 a liability regime modeled after section #agj of the ,atomic ,energy ,act of #aied1 as amended 7#db ,u4,s4,c4 #bbaj72 and 7,b7 a liability regime modeled after subtitle #b of title ,,xxi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#aj et seq474 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 ,in 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 #cedce4 ,study and testing of electronically-controlled pneumatic brakes 7a7 ,government ,accountability ,office study 7#a7 ,in general ,the ,government ,accountability ,office shall complete an independent evaluation of ,,ecp brake systems pilot program data and the ,department of ,transportation's research and analysis on the effects of ,,ecp brake systems4 7#b7 ,study elements ,in completing the independent evaluation under paragraph 7#a71 the ,government ,accountability ,office 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 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 ,deadline ,not later than #ah months after the date of enactment of this ,act1 the ,government ,accountability ,office shall transmit 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 independent evaluation under paragraph 7#a74 7b7 ,emergency braking application testing 7#a7 ,in general ,the ,secretary of ,transportation shall enter into an agreement with the ,,ncrrp ,board-- 7,a7 to 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 to transmit1 not later than #ah months after the date of enactment of this ,act1 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 testing4 7#b7 ,independent experts ,in completing the testing under paragraph 7#a71 the ,,ncrrp ,board may contract with #a or more engineering or rail experts1 as appropriate1 with 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 ,,ncrrp ,board 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 require1 as part of the agreement under paragraph 7#a71 that the ,,ncrrp ,board fund the testing required under this section-- 7,a7 using such sums made available under section #bdiaj 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 ,office of the ,secretary4 7#e7 ,equipment ,the ,,ncrrp ,board 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 reflect the findings from both reports into a draft updated regulatory impact analysis of the effects of the applicable ,,ecp brake system requirements2 7,b7 as soon as practicable after completion of the draft 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 period1 post the final updated regulatory impact analysis on the ,department of ,transportation ,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 their costs1 whether the applicable ,,ecp brake system requirements are justified2 and 7,b7 7i7 if the applicable ,,ecp brake system requirements are justified1 publish in the ,federal ,register the determination with the reasons for it2 or 7ii7 if the ,secretary does not publish the determination under clause 7i71 repeal the applicable ,,ecp brake system requirements4 7d7 ,definitions ,in this section3 7#a7 ,applicable ,,ecp brake system requirements ,the term applicable brake system requirements means sections #agd4caj7;a77#c77;ii71 #agd4caj7;a77#c77;iii71 #agd4caj7;a77#e77v71 #agi4ajb-aj1 #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 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 ,high-hazard flammable unit train ,the term high-hazard flammable unit train means a single train transporting #gj or more loaded tank cars containing ,class #c flammable liquid4 7#g7 ,,ncrrp ,board ,the term ,,ncrrp ,board means the independent governing board of the ,national ,cooperative ,rail ,research ,program4 7#h7 ,railroad carrier ,the term railroad carrier has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 7#i7 ,report date ,the term report date means the date that both the report under subsection 7a77#c7 and the report under subsection 7b77#a77;,b7 have been transmitted under those subsections4 #cedcf4 ,recording devices 7a7 ,in general ,subchapter ,,ii of chapter #bja is amended by adding after section #bjafg the following3 #bjafh4 ,installation of audio and image recording devices 7a7 ,in general ,not later than #b years after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 the ,secretary of ,transportation shall promulgate regulations to require each rail carrier that provides regularly scheduled intercity rail passenger or commuter rail passenger transportation to the public to install inward- and outward-facing image recording devices in all controlling locomotive cabs and cab car operating compartments in such passenger trains4 7b7 ,device standards ,each inward- and outward-facing image recording device shall-- 7#a7 have a minimum #ab-;hour continuous recording capability2 7#b7 have crash and fire protections for any in-cab image recordings that are stored only within a controlling locomotive cab or cab car operating compartment2 and 7#c7 have recordings accessible for review during an accident investigation4 7c7 ,review ,the ,secretary shall establish a process to review and approve or disapprove an inward- or outward-facing recording device for compliance with the standards described in subsection 7b74 7d7 ,uses ,a rail carrier that has installed an inward- or outward-facing image recording device approved under subsection 7c7 may use recordings from that inward- or outward-facing image recording device for the following purposes3 7#a7 ,verifying that train crew actions are in accordance with applicable safety laws and the rail carrier's operating rules and procedures4 7#b7 ,assisting in an investigation into the causation of a reportable accident or incident4 7#c7 ,carrying out efficiency testing and system-wide performance monitoring programs4 7#d7 ,documenting a criminal act or monitoring unauthorized occupancy of the controlling locomotive cab or car operating compartment4 7#e7 ,other purposes that the ,secretary considers appropriate4 7e7 ,voluntary implementation 7#a7 ,in general ,each rail carrier operating freight rail service may implement any inward- or outward-facing image recording devices approved under subsection 7c74 7#b7 ,authorized uses ,notwithstanding any other provision of law1 each rail carrier may use recordings from an inward- or outward-facing image recording device approved under subsection 7c7 for any of the purposes described in subsection 7d74 7f7 ,discretion 7#a7 ,in general ,the ,secretary may-- 7,a7 require in-cab audio recording devices for the purposes described in subsection 7d72 and 7,b7 define in appropriate technical detail the essential features of the devices required under subparagraph 7,a74 7#b7 ,exemptions ,the ,secretary may exempt any rail passenger carrier or any part of a rail passenger carrier's operations from the requirements under subsection 7a7 if the ,secretary determines that the rail passenger carrier has implemented an alternative technology or practice that provides an equivalent or greater safety benefit or is better suited to the risks of the operation4 7g7 ,tampering ,a rail carrier may take appropriate enforcement or administrative action against any employee that tampers with or disables an audio or inward- or outward-facing image recording device installed by the rail carrier4 7h7 ,preservation of data ,each rail passenger carrier subject to the requirements of subsection 7a7 shall preserve recording device data for #a year after the date of a reportable accident or incident4 7i7 ,information protections ,the ,secretary may not disclose publicly any part of an in-cab audio or image recording or transcript of oral communications by or among train employees or other operating employees responsible for the movement and direction of the train1 or between such operating employees and company communication centers1 related to an accident investigated by the ,secretary4 ,however1 the ,secretary shall make public any part of a transcript or any written depiction of visual information that the ,secretary decides is relevant to the accident at the time a majority of the other factual reports on the accident are released to the public4 7j7 ,prohibited use ,an in-cab audio or image recording obtained by a rail carrier under this section may not be used to retaliate against an employee4 7k7 ,savings clause ,nothing in this section may be construed as requiring a rail carrier to cease or restrict operations upon a technical failure of an inward- or outward-facing image recording device4 ,such rail carrier shall repair or replace the failed inward- or outward-facing image recording device as soon as practicable4 4 7b7 ,conforming amendment ,the table of contents for subchapter ,,ii of chapter #bja is amended by adding at the end the following3 #bjafh4 ,installation of audio and image recording devices4 4 #cedcg4 ,rail passenger transportation liability 7a7 ,limitations ,section #bhajc7;a7 is amended-- 7#a7 in paragraph 7#b71 by striking #bjj1jjj1jjj and inserting #bie1jjj1jjj1 except as provided in paragraph 7#c742 and 7#b7 by adding at the end the following3 7#c7 ,the liability cap under paragraph 7#b7 shall be adjusted every #e years by the ,secretary of ,transportation to reflect changes in the ,consumer ,price ,index-,all ,urban ,consumers4 7#d7 ,the ,federal ,government shall have no financial responsibility for any claims described in paragraph 7#b74 4 7b7 ,definition of rail passenger transportation ,section #bhajc7;e7 is amended-- 7#a7 in the heading1 by striking ,definition4-- and inserting ,definitions4--2 7#b7 in paragraph 7#b71 by striking 2 and and inserting a semicolon2 7#c7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7#d7 the term rail passenger transportation includes commuter rail passenger transportation 7as defined in section #bdajb74 4 7c7 ,prohibition ,no ,federal funds may be appropriated for the purpose of paying for the portion of an insurance premium attributable to the increase in allowable awards under the amendments made by subsection 7a74 7d7 ,effective date ,the amendments made by subsection 7a7 shall be effective for any passenger rail accident or incident occurring on or after ,may #ab1 #bjae4 #cedch4 ,modification reporting 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall implement a reporting requirement to monitor industry-wide progress toward modifying tank cars used in high-hazard flammable train service by the applicable deadlines or authorization end dates set in regulation4 7b7 ,tank car data ,the ,secretary shall collect data from shippers and tank car owners on-- 7#a7 the total number of tank cars modified to meet the ,,dot-#aag,r specification1 or equivalent1 specifying-- 7,a7 the type or specification of each tank car before it was modified1 including non-jacketed ,,dot-#aaa1 jacketed ,,dot-#aaa1 non-jacketed ,,dot-#aaa meeting the ,,cpc-#abcb standard1 or jacketed ,,dot-#aaa meeting the ,,cpc-#abcb standard2 and 7,b7 the identification number of each ,class #c flammable liquid carried by each tank car in the past year2 7#b7 the total number of tank cars built to meet the ,,dot-#aag specification1 or equivalent2 and 7#c7 the total number of tank cars used or likely to be used in high-hazard flammable train service that have not been modified1 specifying-- 7,a7 the type or specification of each tank car not modified1 including the non-jacketed ,,dot-#aaa1 jacketed ,,dot-#aaa1 non-jacketed ,,dot-#aaa meeting the ,,cpc-#abcb standard1 or jacketed ,,dot-#aaa meeting the ,,cpc-#abcb standard2 and 7,b7 the identification number of each ,class #c flammable liquid carried by each tank car in the past year4 7c7 ,tank car shop data ,the ,secretary shall conduct a survey of tank car facilities modifying tank cars to the ,,dot-#aag,r specification1 or equivalent1 or building new tank cars to the ,,dot-#aag specification1 or equivalent1 to generate statistically-valid estimates of the expected number of tank cars those facilities expect to modify to ,,dot-#aag,r specification1 or equivalent1 or build to the ,,dot-#aag specification1 or equivalent4 7d7 ,frequency ,the ,secretary shall collect the data under subsection 7b7 and conduct the survey under subsection 7c7 annually until ,may #a1 #bjbe4 7e7 ,information protections 7#a7 ,in general ,the ,secretary shall only report data in industry-wide totals and shall treat company-specific information as confidential business information4 7#b7 ,level of confidentiality ,the ,secretary shall ensure the data collected under subsection 7b7 and the survey data under subsection 7c7 have the same level of confidentiality as contained in the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note71 as administered by the ,bureau of ,transportation ,statistics4 7#c7 ,designee ,the ,secretary may designate the ,director of the ,bureau of ,transportation ,statistics to collect data under subsection 7b7 and the survey data under subsection 7c7 and direct the ,director to ensure the confidentially of company-specific information to the maximum extent permitted by law4 7f7 ,report ,each year1 not later than #fj days after the date that both the collection of the data under subsection 7b7 and the survey under subsection 7c7 are complete1 the ,secretary shall report on the aggregate results1 without company-specific information1 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 7g7 ,definitions ,in this section3 7#a7 ,class #c flammable liquid ,the term ,class #c flammable liquid has the meaning given the term in section #agc4abj7;a7 of title #di1 ,code of ,federal ,regulations4 7#b7 ,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 liquid 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 #cedci4 ,report on crude oil characteristics research study ,not later than #ahj days after the research completion of the comprehensive ,crude ,oil ,characteristics ,research ,sampling1 ,analysis1 and ,experiment 7,,sae7 ,plan study at ,sandia ,national ,laboratories1 the ,secretary of ,energy1 in cooperation with the ,secretary of ,transportation1 shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives that contains-- 7#a7 the results of the comprehensive ,crude ,oil ,characteristics ,research ,sampling1 ,analysis1 and ,experiment 7,,sae7 ,plan study2 and 7#b7 recommendations1 based on the findings of the study1 for-- 7,a7 regulations that should be prescribed by the ,secretary of ,transportation or the ,secretary of ,energy to improve the safe transport of crude oil2 and 7,b7 statutes that should be enacted by ,congress to improve the safe transport of crude oil4 ,,iv ,positive train control #cedda4 ,coordination of spectrum 7a7 ,assessment ,the ,secretary1 in coordination with the ,chairman of the ,federal ,communications ,commission1 shall assess spectrum needs and availability for implementing positive train control systems 7as defined in section #bjaeg7;i77#c7 of title #di1 ,united ,states ,code74 ,the ,secretary and the ,chairman may consult with external stakeholders in carrying out this section4 7b7 ,report ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that contains the results of the assessment conducted under subsection 7a74 #ceddb4 ,updated plans 7a7 ,implementation ,section #bjaeg7;a7 is amended to read as follows3 7a7 ,implementation 7#a7 ,plan required ,each ,class ,i railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation shall develop and submit to the ,secretary of ,transportation a plan for implementing a positive train control system by ,december #ca1 #bjae1 governing operations on-- 7,a7 its main line over which intercity rail passenger transportation or commuter rail passenger transportation 7as defined in section #bdajb7 is regularly provided2 7,b7 its main line over which poison- or toxic-by-inhalation hazardous materials 7as defined in sections #aga4h1 #agc4aae1 and #agc4acb of title #di1 ,code of ,federal ,regulations7 are transported2 and 7,c7 such other tracks as the ,secretary may prescribe by regulation or order4 7#b7 ,interoperability and prioritization ,the plan shall describe how the railroad carrier or other entity subject to paragraph 7#a7 will provide for interoperability of the positive train control systems with movements of trains of other railroad carriers over its lines and shall1 to the extent practical1 implement the positive train control systems in a manner that addresses areas of greater risk before areas of lesser risk4 7#c7 ,secretarial review of updated plans 7,a7 ,submission of updated plans ,notwithstanding the deadline set forth in paragraph 7#a71 not later than #ij days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 each ,class ,i railroad carrier or other entity subject to paragraph 7#a7 may submit to the ,secretary an updated plan that amends the plan submitted under paragraph 7#a7 with an updated implementation schedule 7as described in paragraph 7#d77;,b77 and milestones or metrics 7as described in paragraph 7#d77;,a77 that demonstrate that the railroad carrier or other entity will implement a positive train control system as soon as practicable1 if implementing in accordance with the updated plan will not introduce operational challenges or risks to full1 successful1 and safe implementation4 7,b7 ,review of updated plans ,not later than #aej days after receiving an updated plan under subparagraph 7,a71 the ,secretary shall review the updated plan and approve or disapprove it4 ,in determining whether to approve or disapprove the updated plan1 the ,secretary shall consider whether the railroad carrier or other entity submitting the plan-- 7i7 7,i7 has encountered technical or programmatic challenges identified by the ,secretary in the #bjab report transmitted to ,congress pursuant to subsection 7d72 and 7,,ii7 the challenges referred to in subclause 7,i7 have negatively affected the successful implementation of positive train control systems2 7ii7 has demonstrated due diligence in its effort to implement a positive train control system2 7iii7 has included in its plan milestones or metrics that demonstrate the railroad carrier or other entity will implement a positive train control system as soon as practicable1 if implementing in accordance with the milestones or metrics will not introduce operational challenges or risks to full1 successful1 and safe implementation2 and 7iv7 has set an implementation schedule in its plan that shows the railroad will comply with paragraph 7#g71 if implementing in accordance with the implementation schedule will not introduce operational challenges or risks to full1 successful1 and safe implementation4 7,c7 ,modification of updated plans 7i7 ,if the ,secretary has not approved an updated plan under subparagraph 7,b7 within #fj days of receiving the updated plan under subparagraph 7,a71 the ,secretary shall immediately-- 7,i7 provide a written response to the railroad carrier or other entity that identifies the reason for not approving the updated plan and explains any incomplete or deficient items2 7,,ii7 allow the railroad carrier or other entity to submit1 within #cj days of receiving the written response under subclause 7,i71 a modified version of the updated plan for the ,secretary's review2 and 7,,iii7 approve or issue final disapproval for a modified version of the updated plan submitted under subclause 7,,ii7 not later than #fj days after receipt4 7ii7 ,during the #fj-;day period described in clause 7i77,,iii71 the railroad or other entity that has submitted a modified version of the updated plan under clause 7i77,,ii7 may make additional modifications1 if requested by the ,secretary1 for the purposes of correcting incomplete or deficient items to receive approval4 7,d7 ,public availability ,not later than #cj days after approving an updated plan under this paragraph1 the ,secretary shall make the updated plan available on the website of the ,federal ,railroad ,administration4 7,e7 ,pending reviews ,for an applicant that submits an updated plan under subparagraph 7,a71 the ,secretary shall extend the deadline for implementing a positive train control system at least until the date the ,secretary approves or issues final disapproval for the updated plan with an updated implementation schedule 7as described in paragraph 7#d77;,b774 7,f7 ,disapproval ,a railroad carrier or other entity that has its modified version of its updated plan disapproved by the ,secretary under subparagraph 7,c77i77,,iii71 and that has not implemented a positive train control system by the deadline in subsection 7a77#a71 is subject to enforcement action authorized under subsection 7e74 7#d7 ,contents of updated plan 7,a7 ,milestones or metrics ,each updated plan submitted under paragraph 7#c7 shall describe the following milestones or metrics3 7i7 ,the total number of components that will be installed with positive train control by the end of each calendar year until positive train control is fully implemented1 with totals separated by each component category4 7ii7 ,the number of employees that will receive the training1 as required under the applicable positive train control system regulations1 by the end of each calendar year until positive train control is fully implemented4 7iii7 ,the calendar year or years in which spectrum will be acquired and will be available for use in all areas that it is needed for positive train control implementation1 if such spectrum is not already acquired and ready for use4 7,b7 ,implementation schedule ,each updated plan submitted under paragraph 7#c7 shall include an implementation schedule that identifies the dates by which the railroad carrier or other entity will-- 7i7 fully implement a positive train control system2 7ii7 complete all component installation1 consistent with the milestones or metrics described in subparagraph 7,a77i72 7iii7 complete all employee training required under the applicable positive train control system regulations1 consistent with the milestones or metrics described in subparagraph 7,a77ii72 7iv7 acquire all necessary spectrum1 consistent with the milestones or metrics in subparagraph 7,a77iii72 and 7v7 activate its positive train control system4 7,c7 ,additional information ,each updated plan submitted under paragraph 7#c7 shall include-- 7i7 the total number of positive train control components required for implementation1 with totals separated by each major component category2 7ii7 the total number of employees requiring training under the applicable positive train control system regulations2 7iii7 a summary of the remaining challenges to positive train control system implementation1 including-- 7,i7 testing issues2 7,,ii7 interoperability challenges2 7,,iii7 permitting issues2 and 7,,iv7 certification challenges4 7,d7 ,defined term ,in this paragraph1 the term component means a locomotive apparatus1 a wayside interface unit 7including any associated legacy signal system replacements71 back office system hardware1 a base station radio1 a wayside radio1 or a locomotive radio4 7#e7 ,plan implementation ,the ,class ,i railroad carrier or other entity subject to paragraph 7#a7 shall implement a positive train control system in accordance with its plan1 including any amendments made to the plan by its updated plan approved by the ,secretary under paragraph 7#c71 and subject to section #ceddc of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act4 7#f7 ,progress report ,each ,class ,i railroad carrier or other entity with an approved updated plan shall submit an annual report to the ,secretary that describes the progress made on positive train control implementation1 including-- 7,a7 the extent to which the railroad carrier or other entity met or exceeded the metrics or milestones described in paragraph 7#d77;,a72 7,b7 the extent to which the railroad carrier or other entity complied with its implementation schedule under paragraph 7#d77;,b72 and 7,c7 any update to the information provided under paragraph 7#d77;,c74 7#g7 ,constraint ,each updated plan shall reflect that the railroad carrier or other entity subject to paragraph 7#a7 will1 not later than ,december #ca1 #bjah-- 7,a7 complete component installation and spectrum acquisition2 and 7,b7 activate its positive train control system without undue delay4 4 7b7 ,enforcement ,section #bjaeg7;e7 is amended to read as follows3 7e7 ,enforcement ,the ,secretary is authorized to assess civil penalties pursuant to chapter #bac for the failure to submit or comply with a plan for implementing positive train control under subsection 7a71 including any amendments to the plan made by an updated plan 7including milestones or metrics and an updated implementation schedule7 approved by the ,secretary under paragraph 7#c7 of such subsection1 subject to section #ceddc of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act4 4 7c7 ,definitions ,section #bjaeg7;i7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#c7 as paragraphs 7#b7 through 7#d71 respectively2 and 7#b7 by inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 ,activate ,the term activate means to initiate the use of a positive train control system in every subdivision or district where the railroad carrier or other entity is prepared to do so safely1 reliably1 and successfully1 and proceed with revenue service demonstration as necessary for system testing and certification1 prior to full implementation4 4 7d7 ,conforming amendment ,section #bjaeg7;g7 is amended-- 7#a7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7#b7 by adding at the end the following3 7#b7 ,conforming regulatory amendments ,immediately after the date of the enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 the ,secretary-- 7,a7 shall remove or revise any references to specified dates in the regulations or orders implementing this section to the extent necessary to conform with the amendments made by such ,act2 and 7,b7 may not enforce any such date-specific deadlines or requirements that are inconsistent with the amendments made by such ,act4 4 7e7 ,savings provisions 7#a7 ,resubmission of information ,nothing in the amendments made by this section may be construed to require a ,class ,i railroad carrier or other entity subject to section #bjaeg7;a7 of title #di1 ,united ,states ,code1 to resubmit in its updated plan information from its initial implementation plan that is not changed or affected by the updated plan4 ,the ,secretary shall consider an updated plan submitted pursuant to paragraph 7#c7 of that section to be an addendum that makes amendments to the initial implementation plan4 7#b7 ,submission of new plan ,nothing in the amendments made by this section may be construed to require a ,class ,i railroad carrier or other entity subject to section #bjaeg7;a7 of title #di1 ,united ,states ,code1 to submit a new implementation plan pursuant to the deadline set forth in that section4 7#c7 ,approval ,a railroad carrier or other entity subject to section #bjaeg7;a7 of title #di1 ,united ,states ,code1 that has its updated plan1 including a modified version of the updated plan1 approved by the ,secretary under subparagraph 7,b7 or subparagraph 7,c7 of paragraph 7#c7 of that section shall not be required to implement a positive train control system by the deadline under paragraph 7#a7 of that section4 #ceddc4 ,early adoption and interoperability 7a7 ,early adoption ,during the #a-year period beginning on the date on which the last railroad carrier's or other entity's positive train control system1 subject to section #bjaeg7;a7 of title #di1 ,united ,states ,code1 is certified by the ,secretary under subsection 7h7 of such section and implemented on all of that railroad carrier's or other entity's lines required to have operations governed by a positive train control system1 any railroad carrier or other entity shall not be subject to the operational restrictions set forth in subpart ,i of part #bcf of title #di1 ,code of ,federal ,regulations1 that would otherwise apply in the event of a positive train control system component failure4 7b7 ,interoperability procedure ,if multiple railroad carriers operate on a single railroad line through a trackage or haulage agreement1 each railroad carrier operating on the railroad line shall not be subject to the operating restrictions set forth in subpart ,i of part #bcf of title #di1 ,code of ,federal ,regulations1 with respect to the railroad line1 until the ,secretary certifies that-- 7#a7 each ,class ,i railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation that operates on the railroad line is in compliance with its positive train control requirements under section #bjaeg7;a7 of title #di1 ,united ,states ,code2 7#b7 each ,class ,,ii or ,class ,,iii railroad that operates on the railroad line is in compliance with the applicable regulatory requirements to equip locomotives operating in positive train control territory2 and 7#c7 the implementation of any and all positive train control systems are interoperable and operational on the railroad line in conformance with each approved implementation plan so that each freight and passenger railroad can operate on the line with that freight or passenger railroad's positive train control equipment4 7c7 ,small railroads ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall amend section #bcf4ajjf7;b77#d77;iii77,b7 of title #di1 ,code of ,federal ,regulations 7relating to equipping locomotives for applicable ,class ,,ii and ,class ,,iii railroads operating in positive train control territory7 to extend each deadline by #c years4 7d7 ,enforcement 7#a7 ,in general ,subject to paragraph 7#b71 nothing in subsection 7a7 may be construed to prohibit the ,secretary from enforcing the metrics and milestones under section #bjaeg7;a77#d77;,a7 of title #di1 ,united ,states ,code1 as amended by section #ceddb of this ,act4 7#b7 ,activation ,beginning on the date in which a railroad carrier or other entity subject to section #bjaeg7;a7 of title #di1 ,united ,states ,code1 as amended by section #ceddb of this ,act1 has activated its positive train control system1 the railroad carrier or other entity shall not be in violation of its plan1 including its updated plan1 approved under this ,act if implementing such plan introduces operational challenges or risks to full1 successful1 and safe implementation4 #ceddd4 ,positive train control at grade crossings effectiveness study 7a7 ,study ,after the ,secretary certifies that each ,class ,i railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation is in compliance with the positive train control requirements under section #bjaeg7;a7 of title #di1 ,united ,states ,code1 the ,secretary shall enter into an agreement with the ,national ,cooperative ,rail ,research ,program ,board-- 7#a7 to conduct a study of the possible effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings2 and 7#b7 to submit a report containing the results of the study conducted under paragraph 7#a7 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7b7 ,funding ,the ,secretary may require1 as part of the agreement under subsection 7a71 that the ,national ,cooperative ,rail ,research ,program ,board fund the study required under this section using such sums as may be necessary out of the amounts made available under section #bdiaj of title #di1 ,united ,states ,code4 ,e ,project delivery #ceeja4 ,short title ,this subtitle may be cited as the ,track1 ,railroad1 and ,infrastructure ,network ,act4 #ceejb4 ,preservation of public lands 7a7 ,highways ,section #ach of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b77;,a77i71 by inserting 1 taking into consideration any avoidance1 minimization1 and mitigation or enhancement measures incorporated into the program or project after historic site2 and 7#b7 by adding at the end the following3 7c7 ,rail and transit ,improvements to1 or the maintenance1 rehabilitation1 or operation of1 railroad or rail transit lines or elements of such lines1 with the exception of stations1 that are in use or were historically used for the transportation of goods or passengers1 shall not be considered a use of an historic site under subsection 7a71 regardless of whether the railroad or rail transit line or element of such line is listed on1 or eligible for listing on1 the ,national ,register of ,historic ,places4 4 7b7 ,transportation projects ,section #cjc is amended-- 7#a7 in subsection 7c71 by striking subsection 7d7 and inserting subsections 7d7 and 7e72 7#b7 in subsection 7d77#b77;,a77i71 by inserting 1 taking into consideration any avoidance1 minimization1 and mitigation or enhancement measures incorporated into the program or project after historic site2 and 7#c7 by adding at the end the following3 7e7 ,rail and transit ,improvements to1 or the maintenance1 rehabilitation1 or operation of1 railroad or rail transit lines or elements of such lines1 with the exception of stations1 that are in use or were historically used for the transportation of goods or passengers1 shall not be considered a use of an historic site under subsection 7c71 regardless of whether the railroad or rail transit line or element of such line is listed on1 or eligible for listing on1 the ,national ,register of ,historic ,places4 4 #ceejc4 ,efficient environmental reviews 7a7 ,in general ,section #cjd is amended-- 7#a7 in the heading1 by striking for multimodal projects and inserting and increasing the efficiency of environmental reviews2 and 7#b7 by adding at the end the following3 7e7 ,efficient environmental reviews 7#a7 ,in general ,the ,secretary of ,transportation shall apply the project development procedures1 to the greatest extent feasible1 described in section #aci of title #bc1 ,united ,states ,code1 to any rail project that requires the approval of the ,secretary of ,transportation under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,regulations and procedures ,the ,secretary of ,transportation shall incorporate such project development procedures into the agency regulations and procedures pertaining to rail projects4 7f7 ,applicability of ,,nepa decisions 7#a7 ,in general ,a ,department of ,transportation operating administration may apply a categorical exclusion designated by another ,department of ,transportation operating administration under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,findings ,a ,department of ,transportation operating administration may adopt1 in whole or in part1 another ,department of ,transportation operating administration's ,record of ,decision1 ,finding of ,no ,significant ,impact1 and any associated evaluations1 determinations1 or findings demonstrating compliance with any law related to environmental review or historic preservation4 4 #ceejd4 ,advance acquisition 7a7 ,in general ,chapter #bda is amended by inserting after section #bdaje the following-- #bdajf4 ,advance acquisition 7a7 ,rail corridor preservation ,the ,secretary may assist a recipient of funding in acquiring right-of-way and adjacent real property interests before or during the completion of the environmental reviews for any project receiving funding under subtitle ,v of title #di1 ,united ,states ,code1 that may use such property interests if the acquisition is otherwise permitted under ,federal law1 and the recipient requesting ,federal funding for the acquisition certifies1 with the concurrence of the ,secretary1 that-- 7#a7 the recipient has authority to acquire the right-of-way or adjacent real property interest2 and 7#b7 the acquisition of the right-of-way or adjacent real property interest-- 7,a7 is for a transportation or transportation-related purpose2 7,b7 will not cause significant adverse environmental impact2 7,c7 will not limit the choice of reasonable alternatives for the proposed project or otherwise influence the decision of the ,secretary on any approval required for the proposed project2 7,d7 does not prevent the lead agency for the review process from making an impartial decision as to whether to accept an alternative that is being considered2 7,e7 complies with other applicable ,federal law1 including regulations2 7,f7 will be acquired through negotiation and without the threat of condemnation2 and 7,g7 will not result in the elimination or reduction of benefits or assistance to a displaced person under the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq47 and title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7b7 ,environmental reviews 7#a7 ,completion of ,,nepa review ,before authorizing any ,federal funding for the acquisition of a real property interest that is the subject of a grant or other funding under this subtitle1 the ,secretary shall complete1 if required1 the review process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the acquisition4 7#b7 ,completion of section #ajf ,an acquisition of a real property interest involving an historic site shall not occur unless the section #ajf process1 if required1 under the ,national ,historic ,preservation ,act 7#ed ,u4,s4,c4 #cjfajh7 is complete4 7#c7 ,timing of acquisitions ,a real property interest acquired under subsection 7a7 may not be developed in anticipation of the proposed project until all required environmental reviews for the project have been completed4 4 7b7 ,conforming amendment ,the table of contents of chapter #bda is amended by inserting after the item relating to section #bdaje the following3 #bdajf4 ,advance acquisition4 4 #ceeje4 ,railroad rights-of-way ,section #cjfajh of title #ed1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7b7 ,opportunity ,to ,comment4-- before ,the head of the ,federal agency shall afford and indenting accordingly2 7#b7 in the matter before subsection 7b71 by inserting 7a7 ,in general4-- before ,the head of any ,federal agency having direct and indenting accordingly2 and 7#c7 by adding at the end the following3 7c7 ,exemption for ,railroad ,rights-of-,way 7#a7 ,in general ,not later than #a year after the date of enactment of the ,track1 ,railroad1 and ,infrastructure ,network ,act1 the ,secretary of ,transportation shall submit a proposed exemption of railroad rights-of-way from the review under this chapter to the ,council for its consideration1 consistent with the exemption for interstate highways approved on ,march #aj1 #bjje 7#gj ,fed4 ,reg4 #aa1ibh74 7#b7 ,final exemption ,not later than #ahj days after the date that the ,secretary submits the proposed exemption under paragraph 7#a7 to the ,council1 the ,council shall issue a final exemption of railroad rights-of-way from review under this chapter1 consistent with the exemption for interstate highways approved on ,march #aj1 #bjje 7#gj ,fed4 ,reg4 #aa1ibh74 4 #ceejf4 ,savings clause ,nothing in this title1 or any amendment made by this title1 shall be construed as superceding1 amending1 or modifying the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or affect the responsibility of any ,federal officer to comply with or enforce any such statute4 #ceejg4 ,transition ,nothing in this title1 or any amendment made by this title1 shall affect any existing environmental review process1 program1 agreement1 or funding arrangement approved by the ,secretary under title #di1 ,united ,states ,code1 as that title was in effect on the day preceding the date of enactment of this subtitle4 ,f ,financing #cefja4 ,short title2 references 7a7 ,short title ,this subtitle may be cited as the ,railroad ,infrastructure ,financing ,improvement ,act4 7b7 ,references to the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf ,except as otherwise expressly provided1 wherever in this subtitle an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf1 as amended 7#de ,u4,s4,c4 #hja et seq474 #cefjb4 ,definitions ,section #eja 7#de ,u4,s4,c4 #hba7 is amended-- 7#a7 by redesignating paragraph 7#h7 as paragraph 7#aj72 7#b7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#h71 respectively2 7#c7 by inserting after paragraph 7#e7 the following3 7#f7 ,the term investment-grade rating means a rating of ,,bbb minus1 ,baa #c1 bbb minus1 ,,bbb7low71 or higher assigned by a rating agency4 2 7#d7 by inserting after paragraph 7#h71 as redesignated1 the following3 7#i7 ,the term master credit agreement means an agreement to make #a or more direct loans or loan guarantees at future dates for a program of related projects on terms acceptable to the ,secretary4 2 and 7#e7 by adding at the end the following3 7#aa7 ,the term project obligation means a note1 bond1 debenture1 or other debt obligation issued by a borrower in connection with the financing of a project1 other than a direct loan or loan guarantee under this title4 7#ab7 ,the term railroad has the meaning given the term railroad carrier in section #bjajb of title #di1 ,united ,states ,code4 7#ac7 ,the term rating agency means a credit rating agency registered with the ,securities and ,exchange ,commission as a nationally recognized statistical rating organization 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a7774 7#ad7 ,the term substantial completion means-- 7,a7 the opening of a project to passenger or freight traffic2 or 7,b7 a comparable event1 as determined by the ,secretary and specified in the direct loan4 4 #cefjc4 ,eligible applicants ,section #ejb7;a7 7#de ,u4,s4,c4 #hbb7;a77 is amended-- 7#a7 in paragraph 7#e71 by striking one railroad2 and and inserting #a of the entities described in paragraph 7#a71 7#b71 7#c71 7#d71 or 7#f722 and 7#b7 by amending paragraph 7#f7 to read as follows3 7#f7 solely for the purpose of constructing a rail connection between a plant or facility and a rail carrier1 limited option freight shippers that own or operate a plant or other facility2 and 4 #cefjd4 ,eligible purposes ,section #ejb7;b77#a7 7#de ,u4,s4,c4 #hbb7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by inserting 1 and costs related to these activities1 including pre-construction costs after shops2 7#b7 in subparagraph 7,b71 by striking subparagraph 7,a72 or and inserting subparagraph 7,a7 or 7,c722 7#c7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following3 7,d7 reimburse planning and design expenses relating to projects described in subparagraph 7,a7 or 7,c74 4 #cefje4 ,program administration 7a7 ,application processing procedures ,section #ejb7;i7 7#de ,u4,s4,c4 #hbb7;i77 is amended to read as follows3 7i7 ,application processing procedures 7#a7 ,application status notices ,not later than #cj days after the date that the ,secretary receives an application under this section1 the ,secretary shall provide the applicant written notice as to whether the application is complete or incomplete4 7#b7 ,incomplete applications ,if the ,secretary determines that an application is incomplete1 the ,secretary shall-- 7,a7 provide the applicant with a description of all of the specific information or material that is needed to complete the application2 and 7,b7 allow the applicant to resubmit the information and material described under subparagraph 7,a7 to complete the application4 7#c7 ,application approvals and disapprovals 7,a7 ,in general ,not later than #fj days after the date the ,secretary notifies an applicant that an application is complete under paragraph 7#a71 the ,secretary shall provide the applicant written notice as to whether the ,secretary has approved or disapproved the application4 7,b7 ,actions by the ,office of ,management and ,budget ,in order to enable compliance with the time limit under subparagraph 7,a71 the ,office of ,management and ,budget shall take any action required with respect to the application within that #fj-;day period4 7#d7 ,expedited processing ,the ,secretary shall implement procedures and measures to economize the time and cost involved in obtaining an approval or a disapproval of credit assistance under this title4 7#e7 ,dashboard ,the ,secretary shall post on the ,department of ,transportation's public ,web site a monthly report that includes for each application-- 7,a7 the name of the applicant or applicants2 7,b7 the location of the project2 7,c7 a brief description of the project1 including its purpose2 7,d7 the requested direct loan or loan guarantee amount2 7,e7 the date on which the ,secretary provided application status notice under paragraph 7#a72 and 7,f7 the date that the ,secretary provided notice of approval or disapproval under paragraph 7#c74 4 7b7 ,administration of direct loans and loan guarantees ,section #ejc 7#de ,u4,s4,c4 #hbc7 is amended-- 7#a7 in subsection 7a71 by striking the period at the end and inserting 1 including a program guide and standard term sheet and specific timetables42 7#b7 by redesignating subsections 7c7 through 7l7 as subsections 7d7 through 7m71 respectively2 7#c7 by striking 7b7 ,assignment of loan guarantees4-- and inserting 7c7 ,assignment of loan guarantees4--2 7#d7 in subsection 7d71 as redesignated-- 7,a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 the modification cost has been covered under section #ejb7;f74 2 and 7#e7 by amending subsection 7l71 as redesignated1 to read as follows3 7l7 ,charges and loan servicing 7#a7 ,purposes ,the ,secretary may collect and spend from each applicant1 obligor1 or loan party a reasonable charge for-- 7,a7 the cost of evaluating the application1 amendments1 modifications1 and waivers1 including for evaluating project viability1 applicant creditworthiness1 and the appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought1 and for making necessary determinations and findings2 7,b7 the cost of award management and project management oversight2 7,c7 the cost of services from expert firms1 including counsel1 and independent financial advisors to assist in the underwriting1 auditing1 servicing1 and exercise of rights with respect to direct loans and loan guarantees2 and 7,d7 the cost of all other expenses incurred as a result of a breach of any term or condition or any event of default on a direct loan or loan guarantee4 7#b7 ,standards ,the ,secretary may charge different amounts under this subsection based on the different costs incurred under paragraph 7#a74 7#c7 ,servicer 7,a7 ,in general ,the ,secretary may appoint a financial entity to assist the ,secretary in servicing a direct loan or loan guarantee under this section4 7,b7 ,duties ,a servicer appointed under subparagraph 7,a7 shall act as the agent of the ,secretary in serving a direct loan or loan guarantee under this section4 7,c7 ,fees ,a servicer appointed under subparagraph 7,a7 shall receive a servicing fee from the obligor or other loan party1 subject to approval by the ,secretary4 7#d7 ,safety and operations account ,amounts collected under this subsection shall-- 7,a7 be credited directly to the ,safety and ,operations account of the ,federal ,railroad ,administration2 and 7,b7 remain available until expended to pay for the costs described in this subsection4 4 #cefjf4 ,loan terms and repayment 7a7 ,prerequisites for assistance ,section #ejb7;g77#a7 7#de ,u4,s4,c4 #hbb7;g77#a77 is amended by striking #ce years from the date of its execution and inserting the lesser of #ce years after the date of substantial completion of the project or the estimated useful life of the rail equipment or facilities to be acquired1 rehabilitated1 improved1 developed1 or established4 7b7 ,repayment schedules ,section #ejb7;j7 7#de ,u4,s4,c4 #hbb7;j77 is amended-- 7#a7 in paragraph 7#a71 by striking the sixth anniversary date of the original loan disbursement and inserting #e years after the date of substantial completion2 and 7#b7 by adding at the end the following3 7#c7 ,deferred payments 7,a7 ,in general ,if at any time after the date of substantial completion the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the direct loan1 the ,secretary1 subject to subparagraph 7,b71 may allow1 for a maximum aggregate time of #a year over the duration of the direct loan1 the obligor to add unpaid principal and interest to the outstanding balance of the direct loan4 7,b7 ,interest ,a payment deferred under subparagraph 7,a7 shall-- 7i7 continue to accrue interest under paragraph 7#b7 until the loan is fully repaid2 and 7ii7 be scheduled to be amortized over the remaining term of the loan4 7#d7 ,prepayments 7,a7 ,use of excess revenues ,any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and direct loan and all deposit requirements under the terms of any trust agreement1 bond resolution1 or similar agreement securing project obligations may be applied annually to prepay the direct loan without penalty4 7,b7 ,use of proceeds of refinancing ,the direct loan may be prepaid at any time without penalty from the proceeds of refinancing from non-,federal funding sources4 4 7c7 ,sale of direct loans ,section #ejb 7#de ,u4,s4,c4 #hbb7 is amended by adding at the end the following3 7k7 ,sale of direct loans 7#a7 ,in general ,subject to paragraph 7#b7 and as soon as practicable after substantial completion of a project1 the ,secretary1 after notifying the obligor1 may sell to another entity or reoffer into the capital markets a direct loan for the project if the ,secretary determines that the sale or reoffering has a high probability of being made on favorable terms4 7#b7 ,consent of obligor ,in making a sale or reoffering under paragraph 7#a71 the ,secretary may not change the original terms and conditions of the secured loan without the prior written consent of the obligor 4 7d7 ,nonsubordination ,section #ejb 7#de ,u4,s4,c4 #hbb71 as amended in subsection 7c71 is further amended by adding at the end the following3 7l7 ,nonsubordination 7#a7 ,in general ,except as provided in paragraph 7#b77;,b71 a direct loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor4 7#b7 ,preexisting indentures 7,a7 ,in general ,the ,secretary may waive the requirement under paragraph 7#a7 for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture if-- 7i7 the direct loan is rated in the ,a category or higher2 7ii7 the direct loan is secured and payable from pledged revenues not affected by project performance1 such as a tax-based revenue pledge or a system-backed pledge of project revenues2 and 7iii7 the program share1 under this title1 of eligible project costs is #ej percent or less4 7,b7 ,limitation ,the ,secretary may impose limitations for the waiver of the nonsubordination requirement under this paragraph if the ,secretary determines that such limitations would be in the financial interest of the ,federal ,government4 4 #cefjg4 ,credit risk premiums ,section #ejb7;f7 7#de ,u4,s4,c4 #hbb7;f77 is amended-- 7#a7 in paragraph 7#a71 by amending the first sentence to read as follows3 ,in lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section #ejd7;b77#a7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;c7b77#a771 including the cost of a modification thereof1 the ,secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-,federal source1 including a ,state or local government or agency or public benefit corporation or public authority thereof1 to fund in whole or in part credit risk premiums and modification costs with respect to the loan that is the subject of the application or modification42 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,d71 by adding and after the semicolon2 7,b7 by striking subparagraph 7,e72 and 7,c7 by redesignating subparagraph 7,f7 as subparagraph 7,e72 7#c7 by striking paragraph 7#d72 7#d7 by redesignating paragraph 7#c7 as paragraph 7#d72 7#e7 by inserting after paragraph 7#b7 the following3 7#c7 ,creditworthiness ,an applicant may propose and the ,secretary may accept as a basis for determining the amount of the credit risk premium under paragraph 7#b7 any of the following in addition to the value of any tangible asset3 7,a7 ,the net present value of a future stream of ,state or local subsidy income or other dedicated revenues to secure the direct loan or loan guarantee4 7,b7 ,adequate coverage requirements to ensure repayment1 on a non-recourse basis1 from cash flows generated by the project or any other dedicated revenue source1 including-- 7i7 tolls2 7ii7 user fees2 or 7iii7 payments owing to the obligor under a public-private partnership4 7,c7 ,an investment-grade rating on the direct loan or loan guarantee1 as applicable1 except that if the total amount of the direct loan or loan guarantee is greater than #ge1jjj1jjj1 the applicant shall have an investment-grade rating from at least #b rating agencies on the direct loan or loan guarantee4 2 and 7#f7 in paragraph 7#d71 as redesignated1 by striking amounts and inserting amounts 7and in the case of a modification1 before the modification is executed71 to the extent appropriations are not available to the ,secretary to meet the costs of direct loans and loan guarantees1 including costs of modifications thereof4 #cefjh4 ,master credit agreements ,section #ejb 7#de ,u4,s4,c4 #hbb71 as amended by subsections 7c7 and 7d7 of section #cefjf of this ,act1 is further amended by adding at the end the following3 7m7 ,master credit agreements 7#a7 ,in general ,subject to section #ejb7;d7 and paragraph 7#b7 of this subsection1 the ,secretary may enter into a master credit agreement that is contingent on all of the conditions for the provision of a direct loan or loan guarantee1 as applicable1 under this title and other applicable requirements being satisfied prior to the issuance of the direct loan or loan guarantee4 7#b7 ,conditions ,each master credit agreement shall-- 7,a7 establish the maximum amount and general terms and conditions of each applicable direct loan or loan guarantee2 7,b7 identify #a or more dedicated non-,federal revenue sources that will secure the repayment of each applicable direct loan or loan guarantee2 7,c7 provide for the obligation of funds for the direct loans or loan guarantees contingent on and after all requirements have been met for the projects subject to the master credit agreement2 and 7,d7 provide #a or more dates1 as determined by the ,secretary1 before which the master credit agreement results in each of the direct loans or loan guarantees or in the release of the master credit agreement4 4 #cefji4 ,priorities and conditions 7a7 ,priority projects ,section #ejb7;c7 7#de ,u4,s4,c4 #hbb7;c77 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 including projects for the installation of a positive train control system 7as defined in section #bjaeg7;i7 of title #di1 ,united ,states ,code7 after public safety2 7#b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#b71 respectively2 7#c7 in paragraph 7#e71 by inserting or chapter #bbg of title #di after section #ace of title #bc2 7#d7 by redesignating paragraphs 7#f7 through 7#h7 as paragraphs 7#g7 through 7#i71 respectively2 and 7#e7 by inserting after paragraph 7#e7 the following3 7#f7 improve railroad stations and passenger facilities and increase transit-oriented development2 4 7b7 ,conditions of assistance ,section #ejb7;h7 7#de ,u4,s4,c4 #hbb7;h77 is amended in paragraph 7#b71 by inserting 1 if applicable after project4 #cefaj4 ,savings provision 7a7 ,in general ,except as provided in subsection 7b71 this subtitle1 and the amendments made by this subtitle1 shall not affect any direct loan 7or direct loan obligation7 or an outstanding loan guarantee 7or loan guarantee commitment7 that was in effect prior to the date of enactment of this ,act4 ,any such transaction entered into before the date of enactment of this ,act shall be administered until completion under its terms as if this ,act were not enacted4 7b7 ,modification costs ,at the discretion of the ,secretary1 the authority to accept modification costs on behalf of an applicant under section #ejb7;f7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;f771 as amended by section #cefjg of this ,act1 may apply with respect to any direct loan 7or direct loan obligation7 or an outstanding loan guarantee 7or loan guarantee commitment7 that was in effect prior to the date of enactment of this ,act4 ,d ,freight and ,major projects ,,xli ,freight policy #dajja4 ,establishment of freight chapter 7a7 ,freight ,subtitle ,,iii of title #di1 ,united ,states ,code1 is amended by inserting after chapter #ec the following3 #ed ,freight #edja4 ,definitions4#edjb4 ,national multimodal freight policy4#edjc4 ,national multimodal freight network4#edjd4 ,national freight strategic plan4#edje4 ,state freight advisory committees4#edjf4 ,state freight plans4#edjg4 ,transportation investment planning and data tools4#edjh4 ,savings provision4#edji4 ,assistance for freight projects4 #edja4 ,definitions ,in this chapter3 7#a7 ,economic competitiveness ,the term economic competitiveness means the ability of the economy to efficiently move freight and people1 produce goods1 and deliver services1 including-- 7,a7 reductions in the travel time of freight2 7,b7 reductions in the congestion caused by the movement of freight2 7,c7 improvements to freight travel time reliability2 and 7,d7 reductions in freight transportation costs due to congestion and insufficient infrastructure4 7#b7 ,freight ,the term freight means the commercial transportation of cargo1 including agricultural1 manufactured1 retail1 or other goods by vessel1 vehicle1 pipeline1 or rail4 7#c7 ,freight transportation modes ,the term freight transportation modes means-- 7,a7 the infrastructure supporting any mode of transportation that moves freight1 including highways1 ports1 waterways1 rail facilities1 and pipelines2 and 7,b7 any vehicles or equipment transporting goods on such infrastructure4 7#d7 ,national highway freight network ,the term national highway freight network means the network established under section #afg of title #bc4 7#e7 ,national multimodal freight network ,the term national multimodal freight network means the network established under section #edjc4 7#f7 ,national multimodal freight strategic plan ,the term national multimodal freight strategic plan means the strategic plan developed under section #edjd4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#h7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 ,american ,samoa1 and the ,united ,states ,virgin ,islands4 4 7b7 ,technical and conforming amendment ,the table of chapters for subtitle ,,iii of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #ec the following3 #ed4;,freight#edja 4 #dajjb4 ,national multimodal freight policy ,chapter #ed of subtitle ,,iii of title #di1 ,united ,states ,code1 as added by section #dajja1 is amended by adding after section #edja the following3 #edjb4 ,national multimodal freight policy 7a7 ,policy ,it is the policy of the ,united ,states-- 7#a7 to support investment to maintain and improve the condition and performance of the national multimodal freight network2 7#b7 to ensure that the ,united ,states maximizes its competitiveness in the global economy by increasing the overall productivity and connectivity of the national freight system2 and 7#c7 to pursue the goals described in subsection 7b74 7b7 ,goals ,the national multimodal freight policy has the following goals3 7#a7 ,to enhance the economic competitiveness of the ,united ,states by investing in infrastructure improvements and implementing operational improvements on the freight network of the ,united ,states that achieve #a or more of the following3 7,a7 ,strengthen the contribution of the national freight network to the economic competitiveness of the ,united ,states4 7,b7 ,reduce congestion and relieve bottlenecks in the freight transportation system4 7,c7 ,reduce the cost of freight transportation4 7,d7 ,improve the reliability of freight transportation4 7,e7 ,increase productivity1 particularly for domestic industries and businesses that create jobs4 7#b7 ,to improve the safety1 security1 efficiency1 and resiliency of freight transportation in rural and urban areas4 7#c7 ,to improve the condition of the national freight network4 7#d7 ,to use advanced technology to improve the safety and efficiency of the national freight network4 7#e7 ,to incorporate concepts of performance1 innovation1 competition1 and accountability into the operation and maintenance of the national freight network4 7#f7 ,to improve the efficiency and productivity of the national freight network4 7#g7 ,to pursue these goals in a manner that is not burdensome to ,state and local governments4 7c7 ,strategies ,the ,united ,states may achieve the goals described in subsection 7b7 by-- 7#a7 providing funding to maintain and improve freight infrastructure facilities2 7#b7 implementing appropriate safety1 environmental1 energy and other transportation policies2 7#c7 utilizing advanced technology and innovation2 7#d7 promoting workforce development2 and 7#e7 using performance management activities4 7d7 ,implementation ,the ,under ,secretary for ,policy1 who shall be responsible for the oversight and implementation of the national multimodal freight policy1 shall-- 7#a7 assist with the coordination of modal freight planning2 7#b7 ensure consistent1 expedited review of multimodal freight projects2 7#c7 review the project planning and approval processes at each modal administration to identify modeling and metric inconsistencies1 approvals1 and terminology differences that could hamper multimodal project approval2 7#d7 identify interagency data sharing opportunities to promote freight planning and coordination2 7#e7 identify multimodal efforts and connections2 7#f7 designate the lead agency for multimodal freight projects2 7#g7 develop recommendations for ,state incentives for multimodal planning efforts1 which may include-- 7,a7 reducing the ,state cost share2 or 7,b7 expediting the review of agreements for multimodal or freight specific projects2 7#h7 explore opportunities within existing legal authorities to reduce project delays by issuing categorical exclusions or allowing self-certifications of right-of-way acquisitions for freight projects2 and 7#i7 submit a report to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that identifies required reports1 statutory requirements1 and other limitations on efficient freight project delivery that could be streamlined or consolidated4 4 #dajjc4 ,national multimodal freight network ,chapter #ed of subtitle ,,iii of title #di1 ,united ,states ,code1 as amended by section #dajjb1 is amended by adding after section #edjb the following3 #edjc4 ,national multimodal freight network 7a7 ,in general ,the ,secretary shall establish a national freight network1 in accordance with this section-- 7#a7 to assist ,states in strategically directing resources toward improved system performance for the efficient movement of freight on transportation networks2 7#b7 to inform freight transportation planning2 7#c7 to assist in the prioritization of ,federal investment2 and 7#d7 to assess and support ,federal investments to achieve the national multimodal freight policy goals described in section #edjb7;b7 of this title and in section #aej7;b7 of title #bc4 7b7 ,network components ,the national multimodal freight network established under this section shall consist of all connectors1 corridors1 and facilities in all freight transportation modes that are the most critical to the current and future movement of freight1 including the national highway freight network1 to achieve the national multimodal freight policy goals described in section #edjb7;b7 of this title and in section #aej7;b7 of title #bc4 7c7 ,initial designation of primary freight system 7#a7 ,in general ,not later than #a year after the date of enactment of the ,,drive ,act1 the ,secretary1 after soliciting input from stakeholders1 including multimodal freight system users1 transport providers1 metropolitan planning organizations1 local governments1 ports1 airports1 railroads1 and ,states1 through a public process to identify critical freight facilities and corridors that are vital to achieve the national multimodal freight policy goals described in section #edjb7;b7 of this title and in section #aej7;b7 of title #bc1 and after providing notice and opportunity for comment on a draft system1 shall designate a primary freight system with the goal of-- 7,a7 improving network and intermodal connectivity2 and 7,b7 using measurable data as part of the assessment of the significance of freight movement1 including the consideration of points of origin1 destination1 and linking components of domestic and international supply chains4 7#b7 ,factors ,in designating or redesignating a primary freight system1 the ,secretary shall consider-- 7,a7 origins and destinations of freight movement within1 to1 and from the ,united ,states2 7,b7 volume1 value1 tonnage1 and the strategic importance of freight2 7,c7 access to border crossings1 airports1 seaports1 and pipelines2 7,d7 economic factors1 including balance of trade2 7,e7 access to major areas for manufacturing1 agriculture1 or natural resources2 7,f7 access to energy exploration1 development1 installation1 and production areas2 7,g7 intermodal links and intersections that promote connectivity2 7,h7 freight choke points and other impediments contributing to significant measurable congestion1 delay in freight movement1 or inefficient modal connections2 7,i7 impacts on all freight transportation modes and modes that share significant freight infrastructure2 7,j7 elements and transportation corridors identified by a multi-,state coalition1 a ,state1 a ,state advisory committee1 or a metropolitan planning organization1 using national or local data1 as having critical freight importance to the region2 7,k7 intermodal connectors1 major distribution centers1 inland intermodal facilities1 and first- and last-mile facilities2 7,l7 the annual average daily truck traffic on principal arterials2 and 7,m7 the significance of goods movement1 including consideration of global and domestic supply chains4 7#c7 ,requirements for designation ,a designation may be made under this subsection if the freight transportation facility or infrastructure being considered-- 7,a7 is in an urbanized area1 regardless of population2 7,b7 has been designated under subsection 7d7 as a critical rural freight corridor2 7,c7 connects an intermodal facility to-- 7i7 the primary freight network2 or 7ii7 an intermodal freight facility2 7,d7 7i7 is located within a corridor of a route on the primary freight network2 and 7ii7 provides an alternative option important to goods movement2 7,e7 serves a major freight generator1 logistic center1 agricultural region1 or manufacturing1 warehouse1 or industrial land2 or 7,f7 is important to the movement of freight within a ,state or metropolitan region1 as determined by the ,state or the metropolitan planning organization4 7#d7 ,considerations ,in designating or redesignating the primary freight system under subsection 7e71 the ,secretary shall-- 7,a7 use1 to the extent practicable1 measurable data to assess the significance of goods movement1 including the consideration of points of origin1 destination1 and linking components of the ,united ,states global and domestic supply chains2 7,b7 consider-- 7i7 the factors described in subsection 7c77#b72 and 7ii7 any changes in the economy or freight transportation network demand2 and 7,c7 provide the ,states with an opportunity to submit proposed designations in accordance with paragraph 7#e74 7#e7 ,state input 7,a7 ,in general ,each ,state that proposes increased designations on the primary freight system shall-- 7i7 consider nominations for additional designations from metropolitan planning organizations and ,state freight advisory committees within the ,state2 7ii7 consider nominations for the additional designations from owners and operators of port1 rail1 pipeline1 and airport facilities2 and 7iii7 ensure that additional designations are consistent with the ,state ,transportation ,improvement ,program or freight plan4 7,b7 ,revisions ,states may revise routes certified under section #djjf of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aje ,stat4 #badh7 to conform with the designated freight system under this section4 7,c7 ,submission and certification ,each ,state shall submit to the ,secretary-- 7i7 a list of the additional designations added under this subsection2 and 7ii7 certification that-- 7,i7 the ,state has satisfied the requirements under subparagraph 7,a72 and 7,,ii7 the designations referred to in clause 7i7 address the factors for redesignation described in subsection 7c77#c74 7d7 ,critical rural freight corridors ,a ,state may designate freight transportation infrastructure or facilities within the borders of the ,state as a critical rural freight corridor if the public road or facility-- 7#a7 is a rural principal arterial roadway or facility2 7#b7 provides access or service to energy exploration1 development1 installation1 or production areas2 7#c7 provides access or service to-- 7,a7 a grain elevator2 7,b7 an agricultural facility2 7,c7 a mining facility2 7,d7 a forestry facility2 or 7,e7 an intermodal facility2 7#d7 connects to an international port of entry2 7#e7 provides access to significant air1 rail1 water1 or other freight facilities in the ,state2 or 7#f7 has been determined by the ,state to be vital to improving the efficient movement of freight of importance to the economy of the ,state4 7e7 ,redesignation of primary freight system ,beginning on the date that is #e years after the initial designation under subsection 7c71 and every #e years thereafter1 the ,secretary1 using the designation factors described in subsection 7c77#c71 shall redesignate the primary freight system4 4 ,,xlii ,planning #dbjja4 ,national freight strategic plan ,chapter #ed of subtitle ,,iii of title #di1 ,united ,states ,code 7as amended by title ,,xli71 is amended by adding at the end the following3 #edjd4 ,national freight strategic plan 7a7 ,initial development of national freight strategic plan ,not later than #c years after the date of enactment of the ,,drive ,act1 the ,secretary1 in consultation with ,state departments of transportation1 metropolitan planning organizations1 and other appropriate public and private transportation stakeholders1 shall develop1 after providing opportunity for notice and comment on a draft national freight strategic plan1 and post on the public website of the ,department of ,transportation a national freight strategic plan that includes-- 7#a7 an assessment of the condition and performance of the national multimodal freight network2 7#b7 an identification of bottlenecks on the national multimodal freight network that create significant freight congestion 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#c7 a forecast of freight volumes1 based on the most recent data available1 for-- 7,a7 the #e-year period beginning in the year during which the plan is issued2 and 7,b7 if practicable1 for the #aj- and #bj-year period beginning in the year during which the plan is issued2 7#d7 an identification of major trade gateways and national freight corridors that connect major economic corridors1 population centers1 trade gateways1 and other major freight generators for current and forecasted traffic and freight volumes1 the identification of which shall be revised1 as appropriate1 in subsequent plans2 7#e7 an assessment of statutory1 regulatory1 technological1 institutional1 financial1 and other barriers to improved freight transportation performance 7including opportunities for overcoming the barriers72 7#f7 an identification of routes providing access to energy exploration1 development1 installation1 or production areas2 7#g7 routes for providing access to major areas for manufacturing1 agriculture1 or natural resources2 7#h7 best practices for improving the performance of the national freight network2 7#i7 best practices to mitigate the impacts of freight movement on communities2 7#aj7 a process for addressing multistate projects and encouraging jurisdictions to collaborate on multistate projects2 7#aa7 identification of locations or areas with congestion involving freight traffic1 and strategies to address those issues2 7#ab7 strategies to improve freight intermodal connectivity2 and 7#ac7 best practices for improving the performance of the national multimodal freight network and rural and urban access to critical freight corridors4 7b7 ,updates to national freight strategic plan ,not later than #e years after the date of completion of the first national multimodal freight strategic plan under subsection 7a7 and every #e years thereafter1 the ,secretary shall update and repost on the public website of the ,department of ,transportation a revised national freight strategic plan4 4 #dbjjb4 ,state freight advisory committees ,chapter #ed of subtitle ,,iii of title #di1 ,united ,states ,code 7as amended by section #dbjja71 is amended by adding at the end the following3 #edje4 ,state freight advisory committees 7a7 ,in general ,each ,state shall establish a freight advisory committee consisting of a representative cross-section of public and private sector freight stakeholders1 including representatives of ports1 third party logistics providers1 shippers1 carriers1 freight-related associations1 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 #edjf4 4 #dbjjc4 ,state freight plans ,chapter #ed of subtitle ,,iii of title #di1 ,united ,states ,code 7as amended by section #dbjjb71 is amended by adding at the end the following3 #edjf4 ,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 when applicable1 a listing of critical rural and urban freight corridors designated within the ,state under section #edjc of this title or section #afg of title #bc2 7#d7 a description of how the plan will improve the ability of the ,state to meet the national freight goals established under section #edjb7;b7 of this title and section #aej7;b7 of title #bc2 7#e7 a description of how innovative technologies and operational strategies1 including freight intelligent transportation systems1 that improve the safety and efficiency of freight movement1 were considered2 7#f7 in the case of roadways 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 7#g7 an inventory of facilities with freight mobility issues1 such as bottlenecks1 within the ,state1 and where the facilities are ,state owned or operated1 a description of the strategies the ,state is employing to address those freight mobility issues2 7#h7 consideration of any significant congestion or delay caused by freight movements and any strategies to mitigate that congestion or delay2 and 7#i7 a freight investment plan that1 subject to subsection 7c77#b71 includes a list of priority projects and describes how funds made available to carry out section #afg of title #bc would be invested and matched4 7c7 ,relationship to long-range plan 7#a7 ,incorporation ,a ,state freight plan described in subsection 7a7 may be developed separately from or incorporated into the statewide strategic long-range transportation plan required by section #ace of title #bc4 7#b7 ,fiscal constraint ,the freight investment plan component of a freight plan shall include a project1 or an identified phase of a project1 only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan4 7d7 ,planning period ,the freight plan shall address a #e-year forecast period4 7e7 ,updates 7#a7 ,in general ,a ,state shall update the freight plan not less frequently than once every #e years4 7#b7 ,freight investment plan ,a ,state may update the freight investment plan more frequently than is required under paragraph 7#a74 4 #dbjjd4 ,freight data and tools ,chapter #ed of subtitle ,,iii of title #di1 ,united ,states ,code 7as amended by section #dbjjc71 is amended by adding at the end the following3 #edjg4 ,transportation investment data and planning tools 7a7 ,in general ,not later than #a year after the date of enactment of the ,,drive ,act1 the ,secretary shall-- 7#a7 begin development of new tools and improvement of 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 costs on a national or regional basis2 7,b7 tools for ensuring that the evaluation of freight-related and other transportation projects could consider safety1 economic competitiveness1 urban and rural access1 environmental sustainability1 and system condition in the project selection process2 7,c7 improved methods for data collection and trend analysis2 7,d7 encouragement of public-private partnerships to carry out data sharing activities while maintaining the confidentiality of all proprietary data2 and 7,e7 other tools to assist in effective transportation planning2 7#b7 identify transportation-related 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 efforts 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 #dbjje4 ,savings provision ,chapter #ed of subtitle ,,iii of title #di1 ,united ,states ,code 7as amended by section #dbjjd71 is amended by adding at the end the following3 #edjh4 ,savings provision ,nothing in this chapter provides additional authority to regulate or direct private activity on freight networks designated by this chapter4 4 ,,xliii ,formula freight program #dcjja4 ,national highway freight program 7a7 ,in general ,section #afg of title #bc1 ,united ,states ,code1 is amended to read as follows3 #afg4 ,national highway freight program 7a7 ,establishment 7#a7 ,in general ,it is the policy of the ,united ,states to improve the condition and performance of the national highway freight network to ensure that the national freight network provides the foundation for the ,united ,states to compete in the global economy and achieve each goal described in subsection 7b74 7#b7 ,establishment ,in support of the goals described in subsection 7b71 the ,federal ,highway ,administrator 7referred to in this section as the ,administrator7 shall establish a national highway freight program in accordance with this section to improve the efficient movement of freight on the national highway freight network4 7b7 ,goals ,the goals of the national highway freight program are-- 7#a7 to invest in infrastructure improvements and to implement operational improvements on the highways of the ,united ,states 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 relieve bottlenecks in the freight transportation system2 7,c7 reduce the cost of freight transportation2 7,d7 improve the reliability of freight transportation2 and 7,e7 increase productivity1 particularly for domestic industries and businesses that create high-value jobs2 7#b7 to improve the safety1 security1 efficiency1 and resiliency of freight transportation in rural and urban areas2 7#c7 to improve the state of good repair of the national highway freight network2 7#d7 to use advanced technology to improve the safety and efficiency of the national highway freight network2 7#e7 to incorporate concepts of performance1 innovation1 competition1 and accountability into the operation and maintenance of the national highway freight network2 7#f7 to improve the efficiency and productivity of the national highway freight network2 and 7#g7 to reduce the environmental impacts of freight movement4 7c7 ,establishment of a national highway freight network 7#a7 ,in general ,the ,administrator shall establish a national highway freight network in accordance with this section to assist ,states in strategically directing resources toward improved system performance for efficient movement of freight on highways4 7#b7 ,network components ,the national highway freight network shall consist of-- 7,a7 the primary highway freight system1 as designated under subsection 7d72 7,b7 critical rural freight corridors established under subsection 7e72 7,c7 critical urban freight corridors established under subsection 7f72 and 7,d7 the portions of the ,interstate ,system not designated as part of the primary highway freight system1 including designated future ,interstate ,system routes as of the date of enactment of the ,,drive ,act4 7d7 ,designation and redesignation of the primary highway freight system 7#a7 ,initial designation of primary highway freight system ,the initial designation of the primary highway freight system shall be-- 7,a7 the network designated by the ,secretary under section #afg7;d7 of title #bc1 ,united ,states ,code1 as in effect on the day before the date of enactment of the ,,drive ,act2 and 7,b7 all ,national ,highway ,system freight intermodal connectors4 7#b7 ,redesignation of primary highway freight system 7,a7 ,in general ,beginning on the date that is #a year after the date of enactment of the ,,drive ,act and every #e years thereafter1 using the designation factors described in subparagraph 7,e71 the ,administrator shall redesignate the primary highway freight system 7including any additional mileage added to the primary highway freight system under this paragraph as of the date on which the redesignation process is effective74 7,b7 ,mileage 7i7 ,first redesignation ,in redesignating the primary highway freight system on the date that is #a year after the date of enactment of the ,,drive ,act1 the ,administrator shall limit the system to #cj1jjj centerline miles1 without regard to the connectivity of the primary highway freight system4 7ii7 ,subsequent redesignations ,each redesignation after the redesignation described in clause 7i71 the ,administrator may increase the primary highway freight system by up to #e percent of the total mileage of the system1 without regard to the connectivity of the primary highway freight system4 7,c7 ,considerations 7i7 ,in general ,in redesignating the primary highway freight system1 to the maximum extent practicable1 the ,administrator shall use measurable data to assess the significance of goods movement1 including consideration of points of origin1 destination1 and linking components of the ,united ,states global and domestic supply chains4 7ii7 ,intermodal connectors ,in redesignating the primary highway freight system1 the ,administrator shall include all ,national ,highway ,system freight intermodal connectors4 7,d7 ,input ,in addition to the process provided to ,state freight advisory committees under paragraph 7#c71 in redesignating the primary highway freight system1 the ,administrator shall provide an opportunity for ,state freight advisory committees to submit additional miles for consideration4 7,e7 ,factors for redesignation ,in redesignating the primary highway freight system1 the ,administrator shall consider-- 7i7 the origins and destinations of freight movement in1 to1 and from the ,united ,states2 7ii7 land and water ports of entry2 7iii7 access to energy exploration1 development1 installation1 or production areas2 7iv7 proximity of access to other freight intermodal facilities1 including rail1 air1 water1 and pipelines2 7v7 the total freight tonnage and value moved via highways2 7vi7 significant freight bottlenecks1 as identified by the ,administrator2 7vii7 the annual average daily truck traffic on principal arterials2 and 7viii7 the significance of goods movement on principal arterials1 including consideration of global and domestic supply chains4 7#c7 ,state flexibility for additional miles on primary highway freight system 7,a7 ,in general ,not later than #a year after each redesignation conducted by the ,administrator under paragraph 7#b71 each ,state1 under the advisement of the ,state freight advisory committee1 as developed and carried out in accordance with subsection 7l71 may increase the number of miles designated as part of the primary highway freight system in that ,state by not more than #aj percent of the miles designated in that ,state under this subsection if the additional miles-- 7i7 close gaps between primary highway freight system segments2 7ii7 establish connections of the primary highway freight system critical to the efficient movement of goods1 including ports1 international border crossings1 airports1 intermodal facilities1 logistics centers1 warehouses1 and agricultural facilities2 or 7iii7 designate critical emerging freight routes4 7,b7 ,considerations ,each ,state1 under the advisement of the ,state freight advisory committee that increases the number of miles on the primary highway freight system under subparagraph 7,a7 shall-- 7i7 consider nominations for the additional miles from metropolitan planning organizations within the ,state2 7ii7 ensure that the additional miles are consistent with the freight plan of the ,state2 and 7iii7 review the primary highway freight system of the ,state designated under paragraph 7#a7 and redesignate miles in a manner that is consistent with paragraph 7#b74 7,c7 ,submission ,each ,state1 under the advisement of the ,state freight advisory committee shall-- 7i7 submit to the ,administrator a list of the additional miles added under this subsection2 and 7ii7 certify that-- 7,i7 the additional miles meet the requirements of subparagraph 7,a72 and 7,,ii7 the ,state1 under the advisement of the ,state freight advisory committee1 has satisfied the requirements of subparagraph 7,b74 7e7 ,critical rural freight corridors ,a ,state may designate a public road within the borders of the ,state as a critical rural freight corridor if the public road-- 7#a7 is a rural principal arterial roadway and has a minimum of #be percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks 7,federal ,highway ,administration vehicle class #h to #ac72 7#b7 provides access to energy exploration1 development1 installation1 or production areas2 7#c7 connects the primary highway freight system1 a roadway described in paragraph 7#a7 or 7#b71 or the ,interstate ,system to facilities that handle more than-- 7,a7 #ej1jjj #bj-;foot equivalent units per year2 or 7,b7 #ejj1jjj tons per year of bulk commodities2 7#d7 provides access to-- 7,a7 a grain elevator2 7,b7 an agricultural facility2 7,c7 a mining facility2 7,d7 a forestry facility2 or 7,e7 an intermodal facility2 7#e7 connects to an international port of entry2 7#f7 provides access to significant air1 rail1 water1 or other freight facilities in the ,state2 or 7#g7 is1 in the determination of the ,state1 vital to improving the efficient movement of freight of importance to the economy of the ,state4 7f7 ,critical urban freight corridors 7#a7 ,urbanized area with population of #ejj1jjj or more ,in an urbanized area with a population of #ejj1jjj or more individuals1 the representative metropolitan planning organization1 in consultation with the ,state1 may designate a public road within the borders of that area of the ,state as a critical urban freight corridor4 7#b7 ,urbanized area with a population less than #ejj1jjj ,in an urbanized area with a population of less than #ejj1jjj individuals1 the ,state1 in consultation with the representative metropolitan planning organization1 may designate a public road within the borders of that area of the ,state as a critical urban freight corridor4 7#c7 ,requirements for designation ,a designation may be made under paragraphs 7#a7 or 7#b7 if the public road-- 7,a7 is in an urbanized area1 regardless of population2 and 7,b7 7i7 connects an intermodal facility to-- 7,i7 the primary highway freight network2 7,,ii7 the ,interstate ,system2 or 7,,iii7 an intermodal freight facility2 7ii7 is located within a corridor of a route on the primary highway freight network and provides an alternative highway option important to goods movement2 7iii7 serves a major freight generator1 logistic center1 or manufacturing and warehouse industrial land2 or 7iv7 is important to the movement of freight within the region1 as determined by the metropolitan planning organization or the ,state4 7g7 ,designation and certification 7#a7 ,designation ,states and metropolitan planning organizations may designate corridors under subsections 7e7 and 7f7 and submit the designated corridors to the ,administrator on a rolling basis4 7#b7 ,certification ,each ,state or metropolitan planning organization that designates a corridor under subsection 7e7 or 7f7 shall certify to the ,administrator that the designated corridor meets the requirements of the applicable subsection4 7h7 ,highway freight transportation conditions and performance reports ,not later than #b years after the date of enactment of the ,,drive ,act and biennially thereafter1 the ,administrator shall prepare and submit to ,congress a report that describes the conditions and performance of the national highway freight network in the ,united ,states4 7i7 ,use of apportioned funds 7#a7 ,in general ,a ,state shall obligate funds apportioned to the ,state under section #ajd7;b77#e7 to improve the movement of freight on the national highway freight network4 7#b7 ,formula ,the ,administrator shall calculate for each ,state the proportion that-- 7,a7 the total mileage in the ,state designated as part of the primary highway freight system2 bears to 7,b7 the total mileage of the primary highway freight system in all ,states4 7#c7 ,use of funds 7,a7 ,states with high primary highway freight system mileage ,if the proportion of a ,state under paragraph 7#b7 is greater than or equal to #c percent1 the ,state may obligate funds apportioned to the ,state under section #ajd7;b77#e7 for projects on-- 7i7 the primary highway freight system2 7ii7 critical rural freight corridors2 and 7iii7 critical urban freight corridors4 7,b7 ,states with low primary highway freight system mileage ,if the proportion of a ,state under paragraph 7#b7 is less than #c percent1 the ,state may obligate funds apportioned to the ,state under section #ajd7;b77#e7 for projects on any component of the national highway freight network4 7#d7 ,freight planning ,notwithstanding any other provision of law1 effective beginning #b years after the date of enactment of the ,,drive ,act1 a ,state may not obligate funds apportioned to the ,state under section #ajd7;b77#e7 unless the ,state has-- 7,a7 established a freight advisory committee in accordance with section #edje of title #di2 and 7,b7 developed a freight plan in accordance with section #edjf of title #di1 except that the multimodal component of the plan may be incomplete before an obligation may be made under this section4 7#e7 ,eligibility 7,a7 ,in general ,except as provided in this subsection1 for a project to be eligible for funding under this section the project shall-- 7i7 contribute to the efficient movement of freight on the national highway freight network2 and 7ii7 be consistent with a freight investment plan included in a freight plan of the ,state that is in effect4 7,b7 ,other projects ,a ,state may obligate not more than #aj percent of the total apportionment of the ,state under section #ajd7;b77#e7 for projects-- 7i7 within the boundaries of public and private freight rail1 water facilities 7including ports71 and intermodal facilities2 and 7ii7 that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange1 transfer1 and access into and out of the facility4 7,c7 ,eligible projects ,funds apportioned to the ,state under section #ajd7;b77#e7 for the national highway freight program may be obligated to carry out #a or more of the following3 7i7 ,development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities4 7ii7 ,construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land relating to the project and improvements to land71 construction contingencies1 acquisition of equipment1 and operational improvements directly relating to improving system performance4 7iii7 ,intelligent transportation systems and other technology to improve the flow of freight1 including intelligent freight transportation systems4 7iv7 ,efforts to reduce the environmental impacts of freight movement4 7v7 ,environmental and community mitigation of freight movement4 7vi7 ,railway-highway grade separation4 7vii7 ,geometric improvements to interchanges and ramps4 7viii7 ,truck-only lanes4 7ix7 ,climbing and runaway truck lanes4 7x7 ,adding or widening of shoulders4 7xi7 ,truck parking facilities eligible for funding under section #adja of ,,map-#ba 7#bc ,u4,s4,c4 #acg note2 ,public ,law #aab-ada74 7xii7 ,real-time traffic1 truck parking1 roadway condition1 and multimodal transportation information systems4 7xiii7 ,electronic screening and credentialing systems for vehicles1 including weigh-in-motion truck inspection technologies4 7xiv7 ,traffic signal optimization1 including synchronized and adaptive signals4 7xv7 ,work zone management and information systems4 7xvi7 ,highway ramp metering4 7xvii7 ,electronic cargo and border security technologies that improve truck freight movement4 7xviii7 ,intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities4 7xix7 ,additional road capacity to address highway freight bottlenecks4 7xx7 ,a highway project1 other than a project described in clauses 7i7 through 7xix71 to improve the flow of freight on the national highway freight network4 7xxi7 ,any other surface transportation project to improve the flow of freight into and out of a facility described in subparagraph 7,b74 7#f7 ,other eligible costs ,in addition to the eligible projects identified in paragraph 7#e71 a ,state may use funds apportioned under section #ajd7;b77#e7 for-- 7,a7 carrying out diesel retrofit or alternative fuel projects under section #adi for class #h vehicles2 and 7,b7 the necessary costs of-- 7i7 conducting analyses and data collection related to the national highway freight program2 7ii7 developing and updating performance targets to carry out this section2 and 7iii7 reporting to the ,administrator to comply with section #aej4 7#g7 ,applicability of planning requirements ,programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections #acd and #ace4 7j7 ,state performance targets ,if the ,administrator determines that a ,state has not met or made significant progress toward meeting the performance targets related to freight movement of the ,state established under section #aej7;d7 by the date that is #b years after the date of the establishment of the performance targets1 until the date on which the ,administrator determines that the ,state has met or has made significant progress towards meeting the performance targets1 the ,state shall submit to the ,administrator1 on a biennial basis1 a freight performance improvement plan that includes-- 7#a7 an identification of significant freight system trends1 needs1 and issues within the ,state2 7#b7 a description of the freight policies and strategies that will guide the freight-related transportation investments of the ,state2 7#c7 an inventory of freight bottlenecks within the ,state and a description of the ways in which the ,state is allocating the national highway freight program funds to improve those bottlenecks2 and 7#d7 a description of the actions the ,state will undertake to meet the performance targets of the ,state4 7k7 ,study of multimodal projects ,not later than #b years after the date of enactment of the ,,drive ,act1 the ,administrator shall submit to ,congress a report that contains-- 7#a7 a study of freight projects identified in ,state freight plans under section #edjf of title #di2 and 7#b7 an evaluation of multimodal freight projects included in the ,state freight plans1 or otherwise identified by ,states1 that are subject to the limitation of funding for such projects under this section4 7l7 ,state freight advisory committees ,a ,state freight advisory committee shall be carried out as described in section #edje of title #di4 7m7 ,state freight plans ,a ,state freight plan shall be carried out as described in section #edjf of title #di4 7n7 ,intelligent freight transportation system 7#a7 ,definition of intelligent freight transportation system ,in this section1 the term intelligent freight transportation system means-- 7,a7 an innovative or intelligent technological transportation system1 infrastructure1 or facilities1 including electronic roads1 driverless trucks1 elevated freight transportation facilities1 and other intelligent freight transportation systems2 and 7,b7 a communications or information processing system used singly or in combination for dedicated intelligent freight lanes and conveyances that improve the efficiency1 security1 or safety of freight on the ,federal-aid highway system or that operate to convey freight or improve existing freight movements4 7#b7 ,location ,an intelligent freight transportation system shall be located-- 7,a7 7i7 along existing ,federal-aid highways2 or 7ii7 in a manner that connects ports-of-entry to existing ,federal-aid highways2 and 7,b7 in proximity to1 or within1 an existing right-of-way on a ,federal-aid highway4 7#c7 ,operating standards ,the ,administrator of the ,federal ,highway ,administration shall determine the need for establishing operating standards for intelligent freight transportation systems4 7o7 ,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 were on a ,federal-aid highway4 4 7b7 ,conforming amendments 7#a7 ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #afg4 ,national highway freight program4 7#b7 ,sections #aaaf1 #aaag1 and #aaah of ,,map-#ba 7#bc ,u4,s4,c4 #afg note2 ,public ,law #aab-ada7 are repealed4 ,,xliv ,grants #ddjja4 ,purpose2 definitions2 administration 7a7 ,in general ,the purpose of the grants described in the amendments made by section #ddjjb is to assist in funding critical high-cost transportation infrastructure projects that-- 7#a7 are difficult to complete with existing ,federal1 ,state1 local1 and private funds2 and 7#b7 will achieve #a or more of-- 7,a7 generation of national or regional economic benefits and an increase in the global economic competitiveness of the ,united ,states2 7,b7 reduction of congestion and the impacts of congestion2 7,c7 improvement of facilities vital to agriculture1 manufacturing1 or national energy security2 7,d7 improvement of the efficiency1 reliability1 and affordability of the movement of freight2 7,e7 improvement of transportation safety2 7,f7 improvement of existing and designated future ,interstate ,system routes2 or 7,g7 improvement of the movement of people through improving rural connectivity and metropolitan accessibility4 7b7 ,definitions ,in this section and for purposes of the grant programs established under the amendments made by section #ddjjb3 7#a7 ,eligible applicant ,the term eligible applicant means-- 7,a7 a ,state 7or a group of ,states72 7,b7 a local government 7or a group of local governments72 7,c7 a tribal government 7or a consortium of tribal governments72 7,d7 a transit agency 7or a group of transit agencies72 7,e7 a special purpose district or a public authority with a transportation function2 7,f7 a port authority 7or a group of port authorities72 7,g7 a political subdivision of a ,state or local government2 7,h7 a ,federal land management agency1 jointly with the applicable ,state2 or 7,i7 a multistate or multijurisdictional group of entities described in subparagraphs 7,a7 through 7,h74 7#b7 ,rural area ,the term rural area means an area that is outside of an urbanized area with a population greater than #aej1jjj individuals1 as determined by the ,bureau of the ,census4 7#c7 ,rural state ,the term rural ,state means a ,state that has a population density of #hj or fewer persons per square mile1 based on the most recent decennial census4 7c7 ,applications 7#a7 ,in general ,an eligible applicant shall submit to the ,secretary or the ,federal ,highway ,administrator 7referred to in this section as the ,administrator71 as appropriate1 an application in such form and containing such information as the ,secretary or ,administrator1 as appropriate1 determines necessary1 including the total amount of the grant requested4 7#b7 ,contents ,each application submitted under this paragraph shall include data on the most recent system performance1 to the extent practicable1 and estimated system improvements that will result from completion of the eligible project1 including projections for improvements #e and #aj years after completion of the project4 7#c7 ,resubmission of applications ,an eligible applicant whose project is not selected may resubmit an application in a subsequent solicitation with an addendum indicating changes to the project application4 7d7 ,accountability measures ,the ,secretary and the ,administrator shall establish accountability measures for the management of the grants described in this section-- 7#a7 to establish clear procedures for addressing late-arriving applications2 7#b7 to publicly communicate decisions to accept or reject applications2 and 7#c7 to document major decisions in the application evaluation and project selection process through a decision memorandum or similar mechanism that provides a clear rationale for decisions4 7e7 ,geographic distribution ,in awarding grants1 the ,secretary or ,administrator1 as appropriate1 shall take measures to ensure1 to the maximum extent practicable-- 7#a7 an equitable geographic distribution of amounts2 and 7#b7 an appropriate balance in addressing the needs of rural and urban communities4 7f7 ,reports 7#a7 ,in general ,the ,secretary or the ,administrator1 as appropriate1 shall make available on the website of the ,department at the end of each fiscal year an annual report that lists each project for which a grant has been provided under this section during that fiscal year4 7#b7 ,comptroller general 7,a7 ,assessment ,the ,comptroller ,general of the ,united ,states shall conduct an assessment of the administrative establishment1 solicitation1 selection1 and justification process with respect to the funding of grants described in this title4 7,b7 ,report ,not later than #a year after the initial awarding of grants described in this section1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that describes-- 7i7 the adequacy and fairness of the process by which each project was selected1 if applicable2 7ii7 the justification and criteria used for the selection of each project1 if applicable4 #ddjjb4 ,grants 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,assistance for major projects program 7a7 ,purpose of program ,the purpose of the assistance for major projects program shall be the purpose described in section #ddjja of the ,,drive ,act4 7b7 ,definitions ,in this section-- 7#a7 the terms defined in section #ddjja of the ,,drive ,act shall apply2 and 7#b7 the following definitions shall apply3 7,a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,highway ,administration4 7,b7 ,eligible project 7i7 ,in general ,the term eligible project means a surface transportation project1 or a program of integrated surface transportation projects closely related in the function the projects perform1 that-- 7,i7 is a capital project that is eligible for ,federal financial assistance under-- 7aa7 this title2 or 7bb7 chapter #ec of title #di2 and 7,,ii7 except as provided in clause 7ii71 has eligible project costs that are reasonably anticipated to equal or exceed the lesser of-- 7aa7 #cej1jjj1jjj2 and 7bb7 7,,aa7 for a project located in a single ,state1 #be percent of the amount of ,federal-aid highway funds apportioned to the ,state for the most recently completed fiscal year2 7,,bb7 for a project located in a single rural ,state with a population density of #hj or fewer persons per square mile based on the most recent decennial census1 #aj percent of the amount of ,federal-aid highway funds apportioned to the ,state for the most recently completed fiscal year2 or 7,,cc7 for a project located in more than #a ,state1 #ge percent of the amount of ,federal-aid highway funds apportioned to the participating ,state that has the largest apportionment for the most recently completed fiscal year4 7ii7 ,federal land transportation facility ,in the case of a ,federal land transportation facility1 the term eligible project means a ,federal land transportation facility that has eligible project costs that are reasonably anticipated to equal or exceed #aej1jjj1jjj4 7,c7 ,eligible project costs ,the term eligible project costs means the costs of-- 7i7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7ii7 construction1 reconstruction1 rehabilitation1 and acquisition of real property 7including land related to the project and improvements to land71 environmental mitigation1 construction contingencies1 acquisition of equipment directly related to improving system performance1 and operational improvements4 7c7 ,establishment of program ,the ,administrator shall establish a program in accordance with this section to provide grants for projects that will have a significant impact on a region or the ,nation4 7d7 ,solicitations and applications 7#a7 ,grant solicitations ,the ,administrator shall conduct a transparent and competitive national solicitation process to review eligible projects for funding under this section4 7#b7 ,applications ,an eligible applicant shall submit an application to the ,administrator in such form as described in and in accordance with section #ddjja of the ,,drive ,act4 7e7 ,criteria for project evaluation and selection 7#a7 ,in general ,the ,administrator may select a project for funding under this section only if the ,administrator determines that the project-- 7,a7 is consistent with the national goals described in section #aej7;b72 7,b7 will significantly improve the performance of the national surface transportation network1 nationally or regionally2 7,c7 is based on the results of preliminary engineering2 7,d7 is consistent with the long-range statewide transportation plan2 7,e7 cannot be readily and efficiently completed without ,federal financial assistance2 7,f7 is justified based on the ability of the project to achieve #a or more of-- 7i7 generation of national economic benefits that reasonably exceed the costs of the project2 7ii7 reduction of long-term congestion1 including impacts on a national1 regional1 and statewide basis2 7iii7 an increase in the speed1 reliability1 and accessibility of the movement of people or freight2 or 7iv7 improvement of transportation safety1 including reducing transportation accident and serious injuries and fatalities2 and 7,g7 is supported by a sufficient amount of non-,federal funding1 including evidence of stable and dependable financing to construct1 maintain1 and operate the infrastructure facility4 7#b7 ,additional considerations ,in evaluating a project under this section1 in addition to the criteria described in paragraph 7#a71 the ,administrator shall consider the extent to which the project-- 7,a7 leverages ,federal investment by encouraging non-,federal contributions to the project1 including contributions from public-private partnerships2 7,b7 is able to begin construction by the date that is not later than #ah months after the date on which the project is selected2 7,c7 incorporates innovative project delivery and financing to the maximum extent practicable2 7,d7 helps maintain or protect the environment2 7,e7 improves roadways vital to national energy security2 7,f7 improves or upgrades designated future ,interstate ,system routes2 7,g7 uses innovative technologies1 including intelligent transportation systems1 that enhance the efficiency of the project2 7,h7 helps to improve mobility and accessibility2 and 7,i7 address the impact of population growth on the movement of people and freight4 7f7 ,geographic distribution ,in awarding grants under this section1 the ,administrator shall take measures as described in section #ddjja of the ,,drive ,act4 7g7 ,funding requirements 7#a7 ,in general ,except in the case of projects described in paragraph 7#b71 the amount of a grant under this section shall be at least #ej1jjj1jjj4 7#b7 ,rural projects ,the amounts made available for a fiscal year under this section for eligible projects located in rural areas or in rural ,states shall not be-- 7,a7 less than #bj percent of the amount made available for the fiscal year under this section2 and 7,b7 subject to paragraph 7#a74 7#c7 ,limitation of funds ,not more than #bj percent of the funds made available for a fiscal year to carry out this section shall be allocated for projects eligible under section #afg7;i77#e77;,b7 or chapter #ec of title #di4 7#d7 ,state cap 7,a7 ,in general ,not more than #bj percent of the funds made available for a fiscal year to carry out this section may be awarded to projects in a single ,state4 7,b7 ,exception for multistate projects ,for purposes of the limitation described in subparagraph 7,a71 funds awarded for a multistate project shall be considered to be distributed evenly to each ,state4 7#e7 ,,tifia program ,on the request of an eligible applicant under this section1 the ,administrator 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 7h7 ,grant requirements 7#a7 ,applicability of planning requirements ,the programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections #acd and #ace4 7#b7 ,determination of applicable modal requirements ,if an eligible project that receives a grant under this section has a crossmodal component1 the ,administrator-- 7,a7 shall determine the predominant modal component of the project2 and 7,b7 may apply the applicable requirements of that predominant modal component to the project4 7i7 ,report to the ,administrator ,for each project funded under this section1 the project sponsor shall evaluate system performance and submit to the ,administrator a report not later than #e1 #aj1 and #bj years after completion of the project to assess whether the project outcomes have met preconstruction projections4 7j7 ,administrative selection ,the ,administrator shall award grants to eligible projects in a fiscal year based on the criteria described in subsection 7e74 7k7 ,reports 7#a7 ,in general ,the ,administrator shall provide an annual report as described in section #ddjja of the ,,drive ,act4 7#b7 ,comptroller general ,the ,comptroller ,general of the ,united ,states shall conduct an assessment as described in section #ddjja of the ,,drive ,act4 4 7b7 ,assistance for freight projects ,chapter #ed of subtitle ,,iii of title #di1 ,united ,states ,code1 as amended by section #dbjje1 is amended by adding after section #edjh the following3 #edji4 ,assistance for freight projects 7a7 ,establishment ,the ,secretary shall establish and implement an assistance for freight projects grant program for capital investments in major freight transportation infrastructure projects to improve the movement of goods through the transportation network of the ,united ,states4 7b7 ,criteria for project evaluation and selection 7#a7 ,in general ,the ,secretary may select a project for funding under this section only if the ,secretary determines that the project-- 7,a7 is consistent with the goals described in section #edjb7;b72 7,b7 will significantly improve the national or regional performance of the freight transportation network2 7,c7 is based on the results of preliminary engineering2 7,d7 is consistent with the long-range statewide transportation plan2 7,e7 cannot be readily and efficiently completed without ,federal financial assistance2 7,f7 is justified based on the ability of the project-- 7i7 to generate national economic benefits that reasonably exceed the costs of the project2 7ii7 to reduce long-term congestion1 including impacts on a regional and statewide basis2 or 7iii7 to increase the speed1 reliability1 and accessibility of the movement of freight2 and 7,g7 is supported by a sufficient amount of non-,federal funding1 including evidence of stable and dependable financing to construct1 maintain1 and operate the infrastructure facility4 7#b7 ,additional considerations ,in evaluating a project under this section1 in addition to the criteria described in paragraph 7#a71 the ,secretary shall consider the extent to which the project-- 7,a7 leverages ,federal investment by encouraging non-,federal contributions to the project1 including contributions from public-private partnerships2 7,b7 is able to begin construction by the date that is not later than #a year after the date on which the project is selected2 7,c7 incorporates innovative project delivery and financing to the maximum extent practicable2 7,d7 improves freight facilities vital to agricultural or national energy security2 7,e7 improves or upgrades current or designated future ,interstate ,system routes2 7,f7 uses innovative technologies1 including intelligent transportation systems1 that enhance the efficiency of the project2 7,g7 helps to improve mobility and accessibility2 and 7,h7 improves transportation safety1 including reducing transportation accident and serious injuries and fatalities4 7c7 ,eligible projects 7#a7 ,in general ,a project is eligible for a grant under this section if the project-- 7,a7 is difficult to complete with existing ,federal1 ,state1 local1 and private funds2 7,b7 7i7 enhances the economic competitiveness of the ,united ,states2 or 7ii7 improves the flow of freight or reduces bottlenecks in the freight infrastructure of the ,united ,states2 and 7,c7 will advance #a or more of the following objectives3 7i7 ,generate regional or national economic benefits and an increase in the global economic competitiveness of the ,united ,states4 7ii7 ,improve transportation resources vital to agriculture or national energy security4 7iii7 ,improve the efficiency1 reliability1 and affordability of the movement of freight4 7iv7 ,improve existing freight infrastructure projects4 7v7 ,improve the movement of people by improving rural and metropolitan freight routes4 7#b7 ,examples ,eligible projects for grant funding under this section shall include-- 7,a7 a freight intermodal facility1 including-- 7i7 an intermodal facility serving a seaport2 7ii7 an intermodal or cargo access facility serving an airport2 7iii7 an intermodal facility serving a port on the inland waterways2 7iv7 a bulk intermodal_/transload facility2 or 7v7 a highway_/rail intermodal facility2 7,b7 a highway or bridge project eligible under title #bc2 7,c7 a public transportation project that reduces congestion on freight corridors and is eligible under chapter #ec2 7,d7 a freight rail transportation project 7including rail-grade separations72 and 7,e7 a port infrastructure investment 7including inland port infrastructure74 7d7 ,requirements 7#a7 ,considerations ,in selecting projects to receive grant funding under this section1 the ,secretary shall-- 7,a7 consider-- 7i7 projected freight volumes2 and 7ii7 how projects will enhance economic efficiency1 productivity1 and competitiveness2 7iii7 population growth and the impact on freight demand2 and 7,b7 give priority to projects dedicated to-- 7i7 improving freight infrastructure facilities2 7ii7 reducing travel time for freight projects2 7iii7 reducing freight transportation costs2 and 7iv7 reducing congestion caused by rapid population growth on freight corridors4 7#b7 ,multimodal distribution of funds ,in distributing funding for grants under this section1 the ,secretary shall take such measures as the ,secretary determines necessary to ensure the investment in a variety of transportation modes4 7#c7 ,amount 7,a7 ,in general ,except as provided in subparagraph 7,b77i71 a grant under this section shall be in an amount that is not less than #aj1jjj1jjj and not greater than #ajj1jjj1jjj4 7,b7 ,projects in rural areas ,if a grant awarded under this section is for a project located in a rural area-- 7i7 the amount of the grant shall be at least #a1jjj1jjj2 and 7ii7 the ,secretary may increase the ,federal share of costs to greater than #hj percent4 7#d7 ,federal share ,except as provided under paragraph 7#c77;,b77ii71 the ,federal share of the costs for a project receiving a grant under this section shall be up to #hj percent4 7#e7 ,priority ,the ,secretary shall give priority to projects that require a contribution of ,federal funds in order to complete an overall financing package4 7#f7 ,rural areas ,not less than #be percent of the funding provided under this section shall be used to make grants for projects located in rural areas4 7#g7 ,new competition ,the ,secretary shall conduct a new competition each fiscal year to select the grants and credit assistance awarded under this section4 7e7 ,consultation ,the ,secretary shall consult with the ,secretary of ,energy when considering projects that facilitate the movement of energy resources4 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated from the general fund of the ,treasury1 #bjj1jjj1jjj for each of fiscal years #bjaf through #bjba to carry out this section4 7#b7 ,administrative and oversight costs ,the ,secretary may retain up to #j4e percent of the amounts appropriated pursuant to paragraph 7#a7-- 7,a7 to administer the assistance for freight projects grant program2 and 7,b7 to oversee eligible projects funded under this section4 7#c7 ,administration of funds ,amounts appropriated pursuant to this subsection shall be available for obligation until expended4 7g7 ,congressional notification ,not later than #gb hours before public notification of a grant awarded under this section1 the ,secretary shall notify the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives of such award4 7h7 ,accountability measures ,the ,secretary shall provide to ,congress documentation of major decisions in the application evaluation and project selection process1 which shall include a clear rationale for decisions-- 7#a7 to advance for senior review applications other than those rated as highly recommended2 7#b7 to not advance applications rated as highly recommended2 and 7#c7 to change the technical evaluation rating of an application4 4 7c7 ,conforming amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,assistance for major projects program4 4 ,e ,finance #ejjja4 ,short title ,this division may be cited as the ,transportation ,funding ,act of #bjae4 ,,li ,highway trust fund and related taxes ,a ,extension of trust fund expenditure authority and related taxes #eaaja4 ,extension of trust fund expenditure authority 7a7 ,highway ,trust ,fund ,section #iejc of the ,internal ,revenue ,code of #aihf1 as amended by division ,g1 is amended-- 7#a7 by striking ,october #a1 #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 ,,drive ,act4 7b7 ,sport ,fish ,restoration and ,boating ,trust ,fund ,section #iejd of the ,internal ,revenue ,code of #aihf1 as amended by division ,g is amended-- 7#a7 by striking ,surface ,transportation ,extension ,act of #bjae each place it appears in subsection 7b77#b7 and inserting ,,drive ,act1 and 7#b7 by striking ,october #a1 #bjae in subsection 7d77#b7 and inserting ,october #a1 #bjba4 7c7 ,leaking ,underground ,storage ,tank ,trust ,fund ,paragraph 7#b7 of section #iejh7;e7 of the ,internal ,revenue ,code of #aihf1 as amended by division ,g1 is amended by striking ,october #a1 #bjae and inserting ,october #a1 #bjba4 7d7 ,effective date ,the amendments made by this section shall take effect on ,august #a1 #bjae4 #eaajb4 ,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 #bjbc1 7#b7 by striking ,march #ca1 #bjag each place it appears and inserting ,march #ca1 #bjbd1 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 #bjbc1 7ii7 by striking ,october #a1 #bjaf in the heading of paragraph 7#b7 and inserting ,october #a1 #bjbc1 7iii7 by striking ,september #cj1 #bjaf in paragraph 7#b7 and inserting ,september #cj1 #bjbc1 and 7iv7 by striking ,july #a1 #bjag in paragraph 7#b7 and inserting ,july #a1 #bjbd1 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 #bjbd1 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 #eabja4 ,further additional transfers to trust fund ,subsection 7f7 of section #iejc of the ,internal ,revenue ,code of #aihf is amended by redesignating paragraph 7#g7 as paragraph 7#i7 and by inserting after paragraph 7#f7 the following new paragraphs3 7#g7 ,further transfers to trust fund ,out of money in the ,treasury not otherwise appropriated1 there is hereby appropriated-- 7,a7 #cd1dja1jjj1jjj to the ,highway ,account 7as defined in subsection 7e77#e77;,b77 in the ,highway ,trust ,fund2 and 7,b7 #aa1bad1jjj1jjj to the ,mass ,transit ,account in the ,highway ,trust ,fund4 7#h7 ,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 #eabjb4 ,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 #eabjc4 ,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#h7 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 ,,lii ,offsets ,a ,tax provisions #ebaja4 ,consistent basis reporting between estate and person acquiring property from decedent 7a7 ,property acquired from a decedent 7#a7 ,in general ,section #ajad of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7f7 ,basis must be consistent with estate tax value 7#a7 ,in general ,the basis under subsection 7a7 of any property shall not exceed-- 7,a7 in the case of property the value of which has been finally determined for purposes of the tax imposed by chapter #aa on the estate of such decedent1 such value1 and 7,b7 in the case of property not described in subparagraph 7,a7 and with respect to which a statement has been furnished under section #fjce7;a7 identifying the value of such property1 such value4 7#b7 ,determination ,for purposes of paragraph 7#a71 the value of property has been finally determined for purposes of the tax imposed by chapter #aa if-- 7,a7 the value of such property is shown on a return under section #fjah and such value is not contested by the ,secretary before the expiration of the time for assessing a tax under chapter #aa1 7,b7 in a case not described in subparagraph 7,a71 the value is specified by the ,secretary and such value is not timely contested by the executor of the estate1 or 7,c7 the value is determined by a court or pursuant to a settlement agreement with the ,secretary4 7#c7 ,regulations ,the ,secretary may by regulations provide exceptions to the application of this subsection4 4 7#b7 ,effective date ,the amendments made by this subsection shall apply to property with respect to which an estate tax return is filed after the date of the enactment of this ,act4 7b7 ,information reporting 7#a7 ,in general ,subpart ,a of part ,,iii of subchapter ,a of chapter #fa of the ,internal ,revenue ,code of #aihf is amended by inserting after section #fjcd;,a the following new section3 #fjce4 ,basis information to persons acquiring property from decedent 7a7 ,information with respect to property acquired from decedents 7#a7 ,in general ,the executor of any estate required to file a return under section #fjah7;a7 shall furnish to the ,secretary and to each person acquiring any interest in property included in the decedent's gross estate for ,federal estate tax purposes a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the ,secretary may prescribe4 7#b7 ,statements by beneficiaries ,each person required to file a return under section #fjah7;b7 shall furnish to the ,secretary and to each other person who holds a legal or beneficial interest in the property to which such return relates a statement identifying the information described in paragraph 7#a74 7#c7 ,time for furnishing statement 7,a7 ,in general ,each statement required to be furnished under paragraph 7#a7 or 7#b7 shall be furnished at such time as the ,secretary may prescribe1 but in no case at a time later than the earlier of-- 7i7 the date which is #cj days after the date on which the return under section #fjah was required to be filed 7including extensions1 if any71 or 7ii7 the date which is #cj days after the date such return is filed4 7,b7 ,adjustments ,in any case in which there is an adjustment to the information required to be included on a statement filed under paragraph 7#a7 or 7#b7 after such statement has been filed1 a supplemental statement under such paragraph shall be filed not later than the date which is #cj days after such adjustment is made4 7b7 ,regulations ,the ,secretary shall prescribe such regulations as necessary to carry out this section1 including regulations relating to-- 7#a7 the extension of this section to property of estates not required to file an estate tax return1 and 7#b7 situations in which the surviving joint tenant or other recipient may have better information than the executor regarding the basis or fair market value of the property4 4 7#b7 ,penalty for failure to file 7,a7 ,return ,section #fgbd7;d77#a7 of such ,code is amended by striking and at the end of subparagraph 7,b71 by striking the period at the end of subparagraph 7,c7 and inserting 1 and1 and by adding at the end the following new subparagraph3 7,d7 any statement required to be filed with the ,secretary under section #fjce4 4 7,b7 ,statement ,section #fgbd7;d77#b7 of such ,code is amended by striking or at the end of subparagraph 7,,gg71 by striking the period at the end of subparagraph 7,,hh7 and inserting 1 or1 and by adding at the end the following new subparagraph3 7,,ii7 section #fjce 7other than a statement described in paragraph 7#a77;,d774 4 7#c7 ,clerical amendment ,the table of sections for subpart ,a of part ,,iii of subchapter ,a of chapter #fa of such ,code is amended by inserting after the item relating to section #fjcd;,a the following new item3 #fjce4 ,basis information to persons acquiring property from decedent 4 7#d7 ,effective date ,the amendments made by this subsection shall take effect on the date of the enactment of this ,act4 7c7 ,penalty for inconsistent reporting 7#a7 ,in general ,subsection 7b7 of section #fffb of the ,internal ,revenue ,code of #aihf is amended by inserting after paragraph 7#g7 the following new paragraph3 7#h7 ,any inconsistent estate basis4 4 7#b7 ,inconsistent basis reporting ,section #fffb of such ,code is amended by adding at the end the following new subsection3 7k7 ,inconsistent estate basis reporting ,for purposes of this section1 there is an inconsistent estate basis if the basis of property 7determined without regard to adjustments to basis during the period the property was held by the taxpayer7 claimed on a return exceeds the basis as determined under section #ajad7;f74 4 7#c7 ,effective date ,the amendments made by this subsection shall apply to returns filed after the date of the enactment of this ,act4 #ebajb4 ,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 #ebajc4 ,clarification of #f-year statute of limitations in case of overstatement of basis 7a7 ,in general ,subparagraph 7,b7 of section #feja7;e77#a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking and at the end of clause 7i71 by redesignating clause 7ii7 as clause 7iii71 and by inserting after clause 7i7 the following new clause3 7ii7 ,an understatement of gross income by reason of an overstatement of unrecovered cost or other basis is an omission from gross income2 and 1 7#b7 by inserting 7other than in the case of an overstatement of unrecovered cost or other basis7 in clause 7iii7 7as so redesignated7 after ,in determining the amount omitted from gross income1 and 7#c7 by inserting amount omitted from after ,determination of in the heading thereof4 7b7 ,effective date ,the amendments made by this section shall apply to-- 7#a7 returns filed after the date of the enactment of this ,act1 and 7#b7 returns filed on or before such date if the period specified in section #feja of the ,internal ,revenue ,code of #aihf 7determined without regard to such amendments7 for assessment of the taxes with respect to which such return relates has not expired as of such date4 #ebajd4 ,additional information on returns relating to mortgage interest 7a7 ,in general ,paragraph 7#b7 of section #fjej;,h7b7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of subparagraph 7,c71 by redesignating subparagraph 7,d7 as subparagraph 7,g71 and by inserting after subparagraph 7,c7 the following new subparagraphs3 7,d7 the amount of outstanding principal on the mortgage as of the beginning of such calendar year1 7,e7 the address of the property securing such mortgage1 7,f7 the date of the origination of such mortgage1 and 4 7b7 ,payee statements ,subsection 7d7 of section #fjej;,h of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of paragraph 7#a71 by striking the period at the end of paragraph 7#b7 and inserting 1 and1 and by inserting after paragraph 7#b7 the following new paragraph3 7#c7 the information required to be included on the return under subparagraphs 7,d71 7,e71 and 7,f7 of subsection 7b77#b74 4 7c7 ,effective date ,the amendments made by this section shall apply to returns and statements the due date for which 7determined without regard to extensions7 is after ,december #ca1 #bjaf4 #ebaje4 ,return due date modifications 7a7 ,new due date for partnership form #ajfe1 ,s corporation form #aabj,s1 and ,c corporation form #aabj 7#a7 ,partnerships 7,a7 ,in general ,section #fjgb of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7f7 ,returns of partnerships ,returns of partnerships under section #fjca made on the basis of the calendar year shall be filed on or before the #aeth day of ,march following the close of the calendar year1 and such returns made on the basis of a fiscal year shall be filed on or before the #aeth day of the third month following the close of the fiscal year4 4 7,b7 ,conforming amendment ,section #fjgb7;a7 of such ,code is amended by striking #fjag1 or #fjca and inserting or #fjag4 7#b7 ,s corporations 7,a7 ,in general ,so much of subsection 7b7 of section #fjgb of the ,internal ,revenue ,code of #aihf as precedes the second sentence thereof is amended to read as follows3 7b7 ,returns of certain corporations ,returns of ,s corporations under sections #fjab and #fjcg made on the basis of the calendar year shall be filed on or before the #cast day of ,march following the close of the calendar year1 and such returns made on the basis of a fiscal year shall be filed on or before the last day of the third month following the close of the fiscal year4 4 7,b7 ,conforming amendments 7i7 ,section #acfb7;b7 of such ,code is amended-- 7,i7 by striking #aeth each place it appears and inserting last1 7,,ii7 by striking #ba_/b each place it appears in the headings and the text and inserting #c1 and 7,,iii7 by striking #b months and #ae days in paragraph 7#d7 and inserting #c months4 7ii7 ,section #acfb7;d77#a77;,c77i7 of such ,code is amended by striking #aeth and inserting last4 7iii7 ,section #acfb7;d77#a77;,c77ii7 of such ,code is amended by striking such #aeth day and inserting the last day of the #c;d month thereof4 7#c7 ,conforming amendments relating to ,c corporations 7,a7 ,section #agj7;a77#b77;,b7 of such ,code is amended by striking third month and inserting #dth month4 7,b7 ,section #efc of such ,code is amended by striking third month each place it appears and inserting #dth month4 7,c7 ,section #aced7;d77#a77;,b77i7 of such ,code is amended by striking #c;d month and inserting #dth month4 7,d7 ,subsection 7a7 and 7c7 of section #fafg of such ,code are each amended by striking third month and inserting #dth month4 7,e7 ,section #fdbe7;a77#a7 of such ,code is amended by striking third month and inserting #dth month4 7,f7 ,section #ffee of such ,code is amended-- 7i7 by striking #crd month each place it appears in subsections 7b77#b77;,a71 7g77#c71 and 7h77#a7 and inserting #dth month1 and 7ii7 in subsection 7g77#d71 by redesignating subparagraph 7,e7 as subparagraph 7,f7 and by inserting after subparagraph 7,d7 the following new subparagraph3 7,e7 ,subsection 7b77#b77;,a7 shall be applied by substituting the last day of the #crd month for the #aeth day of the #dth month4 4 7#d7 ,effective dates 7,a7 ,in general ,except as otherwise provided in this paragraph1 the amendments made by this subsection shall apply to returns for taxable years beginning after ,december #ca1 #bjae4 7,b7 ,conforming amendments relating to ,s corporations ,the amendments made by paragraph 7#b77;,b7 shall apply with respect to elections for taxable years beginning after ,december #ca1 #bjae4 7,c7 ,conforming amendments relating to ,c ,corporations ,the amendments made by paragraph 7#c7 shall apply to taxable years beginning after ,december #ca1 #bjae4 7#e7 ,special rule for certain ,c corporation in #bjbe ,in the case of a taxable year of a ,c ,corporation ending on ,june #cj1 #bjbe1 section #fjgb7;a7 of the ,internal ,revenue ,code of #aihf shall be applied by substituting third month for fourth month4 7b7 ,modification of due dates by regulation ,in the case of returns for any taxable period beginning after ,december #ca1 #bjae1 the ,secretary of the ,treasury or the ,secretary's delegate shall modify appropriate regulations to provide as follows3 7#a7 ,the maximum extension for the returns of partnerships filing ,form #ajfe shall be a #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#b7 ,the maximum extension for the returns of trusts and estates filing ,form #ajda shall be a #e-month period beginning on the due date for filing the return 7without regard to any extensions74 7#c7 ,the maximum extension for the returns of employee benefit plans filing ,form #eejj shall be an automatic #c-month period beginning on the due date for filing the return 7without regard to any extensions74 7#d7 ,the maximum extension for the ,forms #iij 7series7 returns of organizations exempt from income tax shall be an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#e7 ,the maximum extension for the returns of organizations exempt from income tax that are required to file ,form #dgbj returns of excise taxes shall be an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#f7 ,the maximum extension for the returns of trusts required to file ,form #ebbg shall be an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#g7 ,the maximum extension for filing ,form #fjfi1 ,return of ,excise ,tax on ,excess ,contributions to ,black ,lung ,benefit ,trust ,under ,section #diec and ,computation of ,section #aib ,deduction1 shall be an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#h7 ,the maximum extension for a taxpayer required to file ,form #hhgj shall be an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#i7 ,the due date of ,form #cebj-;,a1 ,annual ,information ,return of a ,foreign ,trust with a ,united ,states ,owner1 shall be the #aeth day of the #crd month after the close of the trust's taxable year1 and the maximum extension shall be a #f-month period beginning on such day4 7#aj7 ,the due date of ,fin,c,e,n ,form #aad 7relating to ,report of ,foreign ,bank and ,financial ,accounts7 shall be ,april #ae with a maximum extension for a #f-month period ending on ,october #ae1 and with provision for an extension under rules similar to the rules of #bf ,c4,f4,r4 #a4fjha-e4 ,for any taxpayer required to file such form for the first time1 the ,secretary of the ,treasury may waive any penalty for failure to timely request or file an extension4 7#aa7 ,taxpayers filing ,form #cebj1 ,annual ,return to ,report ,transactions with ,foreign ,trusts and ,receipt of ,certain ,foreign ,gifts1 shall be allowed to extend the time for filing such form separately from the income tax return of the taxpayer1 for an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7c7 ,corporations permitted statutory automatic #f-month extension of income tax returns 7#a7 ,in general ,section #fjha7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking #c months and inserting #f months4 7#b7 ,effective date ,the amendments made by this subsection shall apply to returns for taxable years beginning after ,december #ca1 #bjae4 7#c7 ,special rule for certain ,c corporations in #bjbd ,in the case of any taxable year of a ,c corporation ending on ,december #ca1 #bjbd1 subsections 7a7 and 7b7 of section #fjha of the ,internal ,revenue ,code of #aihf shall each be applied to returns of income taxes under subtitle ,a by substituting #e months for #f months4 #ebajf4 ,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 #ebajg4 ,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 #ebajh4 ,transfers of excess pension assets to retiree health accounts 7a7 ,in ,general ,section #dbj7;b77#d7 of the ,internal ,revenue ,code of #aihf is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbe4 7b7 ,conforming ,,erisa ,amendments 7#a7 ,sections #aja7;e77#c71 #djc7;c77#a71 and #djh7;b77#ac7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajba7;e77#c71 #aajc7;c77#a71 #aajh7;b77#ac77 are each amended by striking ,,map-#ba and inserting ,,drive ,act4 7#b7 ,section #djh7;b77#ac7 of such ,act 7#bi ,u4,s4,c4 #aajh7;b77#ac77 is amended by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbf4 ,b ,fees and receipts #ebbja4 ,extension of deposits of security service fees in the general fund ,section #ddidj7;i77#d7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,k7 #a1gej1jjj1jjj for each of fiscal years #bjbd and #bjbe4 4 #ebbjb4 ,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 #ebbjc4 ,dividends and surplus funds of ,reserve banks ,section #g7;a77#a77;,a7 of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #bhi7;a77#a77;,a77 is amended by striking #f percent and inserting #f percent 7#a4e percent in the case of a stockholder having total consolidated assets of more than #a1jjj1jjj1jjj 7determined as of ,september #cj of the preceding fiscal year774 #ebbjd4 ,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 #ebbje4 ,extension of enterprise guarantee fee ,section #acbg7;f7 of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #dedg7;f77 is amended by striking ,october #a1 #bjba and inserting ,october #a1 #bjbe4 ,c ,outlays #ebcja4 ,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 ,f ,miscellaneous ,,lxi ,federal ,permitting ,improvement #fajja4 ,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 #fajjb7;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 #fajjb7;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 #fajjc7;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 #fajjb7;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 #fajjc7;a74 7#ad7 ,inventory ,the term inventory means the inventory of covered projects established by the ,executive ,director under section #fajjb7;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 #fajjc4 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 #fajjb4 ,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 councilmember 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 ,administrator of the ,environmental ,protection ,agency4 7ix7 ,the ,chairman of the ,federal ,energy ,regulatory ,commission4 7x7 ,the ,chairman of the ,nuclear ,regulatory ,commission4 7xi7 ,the ,secretary of ,homeland ,security4 7xii7 ,the ,secretary of ,housing and ,urban ,development4 7xiii7 ,the ,chairman of the ,advisory ,council on ,historic ,preservation4 7xiv7 ,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 #fajjc7;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 #fajjc7;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 #fajjc4 ,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 #fajjb7;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 #fajja 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 #fajje4 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 #fajjb7;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 #fajjb7;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 #fajjb7;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 #fajjb7;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 agencies1 agree to a different completion date2 and 7,,ii7 the facilitating agency or lead agency1 as applicable1 or the affected cooperating agency provides a written justification for the modification4 7ii7 ,completion date ,a completion date in the permitting timetable may not be modified within #cj days of the completion date4 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 #fajjd4 ,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 #fajjf1 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 #fajje4 ,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 #fajjf4 ,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 #fajjb7;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 #fajjb7;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 #fajjg4 ,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 #fajjh4 ,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 #fajjb7;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 #fajji4 ,funding for governance1 oversight1 and processing of environmental reviews and permits 7a7 ,in general ,the heads of agencies listed in section #fajjb7;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 #fajjb and #fajjc1 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 #fajjb7;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 #fajaj4 ,application ,this title applies to any covered project for which-- 7#a7 a notice is filed under section #fajjc7;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 #fajaa4 ,,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 ,,lxii ,additional provisions #fbjja4 ,hire ,more ,heroes 7a7 ,short title ,this section may be cited as the ,hire ,more ,heroes ,act of #bjae4 7b7 ,employees with health coverage under ,,tricare or the ,veterans ,administration not taken into account in determining employers to which the employer mandate applies under ,patient ,protection and ,affordable ,care ,act ,section #dihj;,h7c77#b7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7,f7 ,exemption for health coverage under ,,tricare or the ,veterans ,administration ,solely for purposes of determining whether an employer is an applicable large employer under this paragraph for any month1 an individual shall not be taken into account as an employee for such month if such individual has medical coverage for such month under-- 7i7 chapter #ee of title #aj1 ,united ,states ,code1 including coverage under the ,,tricare program1 or 7ii7 under a health care program under chapter #ag or #ah of title #ch1 ,united ,states ,code1 as determined by the ,secretary of ,veterans ,affairs1 in coordination with the ,secretary of ,health and ,human ,services and the ,secretary4 4 7c7 ,effective date ,the amendment made by subsection 7b7 shall apply to months beginning after ,december #ca1 #bjac4 ,g ,surface transportation extension #gjjja4 ,short title ,this division may cited as the ,surface ,transportation ,extension ,act of #bjae4 ,,lxxi ,extension of ,federal-aid highway programs #gajja4 ,extension of ,federal-aid highway programs 7a7 ,in general ,section #ajja of the ,highway and ,transportation ,funding ,act of #bjad 7,public ,law #aac-aei2 #abh ,stat4 #ahdj2 #abi ,stat4 #bai7 is amended-- 7#a7 in subsection 7a71 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 7#b7 in subsection 7b77#a7-- 7,a7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 and 7,b7 by striking #cjd_/cfe and inserting #cfe_/cfe2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 and 7ii7 by striking #cjd_/cfe and inserting #cfe_/cfe2 and 7,b7 in paragraph 7#b77;,b71 by striking by this subsection4 7b7 ,obligation ceiling ,section #aajb of ,,map-#ba 7#bc ,u4,s4,c4 #ajd note2 ,public ,law #aab-ada7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 by striking #cc1ebh1bhd1icb and inserting #dj1bef1jjj1jjj2 and 7,b7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 7#b7 in subsection 7b77#ab7-- 7,a7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 and 7,b7 by striking #cjd_/cfe and inserting #cfe_/cfe2 7#c7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 and 7,b7 in paragraph 7#b7-- 7i7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae2 and 7ii7 by striking #cjd_/cfe and inserting #cfe_/cfe2 and 7#d7 in subsection 7f77#a71 in the matter preceding subparagraph 7,a71 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae4 7c7 ,tribal high priority projects program ,section #aabc7;h77#a7 of ,,map-#ba 7#bc ,u4,s4,c4 #bjb note2 ,public ,law #aab-ada7 is amended-- 7#a7 by striking #bd1ihf1cja and inserting #cj1jjj1jjj2 and 7#b7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae4 #gajjb4 ,administrative expenses 7a7 ,authorization of contract authority ,section #ajjb7;a7 of the ,highway and ,transportation ,funding ,act of #bjad 7,public ,law #aac-aei2 #abh ,stat4 #ahdb2 #abi ,stat4 #bbj7 is amended-- 7#a7 by striking #cff1dfe1gec and inserting #ddj1jjj1jjj2 and 7#b7 by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae4 7b7 ,contract authority ,section #ajjb7;b77#b7 of the ,highway and ,transportation ,funding ,act of #bjad 7,public ,law #aac-aei2 #abh ,stat4 #ahdb2 #abi ,stat4 #bbj7 is amended by striking ,july #ca1 #bjae and inserting ,september #cj1 #bjae4 ,,lxxii ,temporary extension of public transportation programs #gbjja4 ,formula grants for rural areas ,section #ecaa7;c77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking ending before and all that follows through ,july #ca1 #bjae12 and 7#b7 in subparagraph 7,b71 by striking ending before and all that follows through ,july #ca1 #bjae14 #gbjjb4 ,apportionment of appropriations for formula grants ,section #eccf7;h77#a7 of title #di1 ,united ,states ,code1 is amended by striking before ,october #a1 #bjad and all that follows through ,july #ca1 #bjae1 and inserting before ,october #a1 #bjae4 #gbjjc4 ,authorizations for public transportation 7a7 ,formula grants ,section #ecch7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking for fiscal year #bjad and all that follows and inserting for fiscal year #bjad1 and #h1eie1jjj1jjj for fiscal year #bjae42 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking #ajg1bgd1eba for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #abh1hjj1jjj for fiscal year #bjae2 7,b7 in subparagraph 7,b71 by striking #bjac and #bjad and #h1cbh1gfg for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #bjac1 #bjad1 and #bjae2 7,c7 in subparagraph 7,c71 by striking #c1gac1eje1gec for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #d1deh1fej1jjj for fiscal year #bjae2 7,d7 in subparagraph 7,d71 by striking #bae1acb1jee for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #beh1cjj1jjj for fiscal year #bjae2 7,e7 in subparagraph 7,e7-- 7i7 by striking #ejf1bbb1dff for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #fjg1hjj1jjj for fiscal year #bjae2 7ii7 by striking #bd1ihf1cja for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #cj1jjj1jjj for fiscal year #bjae2 and 7iii7 by striking #af1feg1ecd for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #bj1jjj1jjj for fiscal year #bjae2 7,f7 in subparagraph 7,f71 by striking #bjac and #bjad and #b1dih1fcj for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #bjac1 #bjad1 and #bjae2 7,g7 in subparagraph 7,g71 by striking #bjac and #bjad and #d1afd1chd for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #bjac1 #bjad1 and #bjae2 7,h7 in subparagraph 7,h71 by striking #bjac and #bjad and #c1bjf1ege for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #bjac1 #bjad1 and #bjae2 7,i7 in subparagraph 7,i71 by striking #a1hjc1ibg1fga for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #b1afe1ijj1jjj for fiscal year #bjae2 7,j7 in subparagraph 7,j71 by striking #cef1cjd1feh for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #dbg1hjj1jjj for fiscal year #bjae2 and 7,k7 in subparagraph 7,k71 by striking #dch1jji1hfc for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #ebe1ijj1jjj for fiscal year #bjae4 7b7 ,research1 development demonstration and deployment projects ,section #ecch7;b7 of title #di1 ,united ,states ,code1 is amended by striking #eh1cja1cgj for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting #gj1jjj1jjj for fiscal year #bjae4 7c7 ,transit cooperative research program ,section #ecch7;c7 of title #di1 ,united ,states ,code1 is amended by striking #e1hcj1acg for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting #g1jjj1jjj for fiscal year #bjae4 7d7 ,technical assistance and standards development ,section #ecch7;d7 of title #di1 ,united ,states ,code1 is amended by striking #e1hcj1acg for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting #g1jjj1jjj for fiscal year #bjae4 7e7 ,human resources and training ,section #ecch7;e7 of title #di1 ,united ,states ,code1 is amended by striking #d1afd1chd for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting #e1jjj1jjj for fiscal year #bjae4 7f7 ,capital investment grants ,section #ecch7;g7 of title #di1 ,united ,states ,code1 is amended by striking #a1eeh1bie1hij for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting #a1ijg1jjj1jjj for fiscal year #bjae4 7g7 ,administration ,section #ecch7;h7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking #hf1fai1agh for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting #ajd1jjj1jjj for fiscal year #bjae2 7#b7 in paragraph 7#b71 by striking #bjac and #bjad and not less than #d1afd1chd for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #bjac1 #bjad1 and #bjae2 and 7#c7 in paragraph 7#c71 by striking #bjac and #bjad and not less than #hcb1hgg for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #bjac1 #bjad1 and #bjae4 #gbjjd4 ,bus and bus facilities formula grants ,section #ecci7;d77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking #bjac and #bjad and #ed1eec1dbe for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #bjac1 #bjad1 and #bjae2 7#b7 by striking and #a1jda1jif for such period2 and 7#c7 by striking and #daf1dch for such period4 ,,lxxiii ,extension of highway safety programs ,a ,extension of ,highway ,safety ,programs #gcaja4 ,extension of ,national ,highway ,traffic ,safety ,administration highway safety programs 7a7 ,extension of programs 7#a7 ,highway safety programs ,section #caaja7;a77#a77;,c7 of ,,map-#ba 7#abf ,stat4 #gcc7 is amended to read as follows3 7,c7 #bce1jjj1jjj for fiscal year #bjae4 4 7#b7 ,highway safety research and development ,section #caaja7;a77#b77;,c7 of ,,map-#ba 7#abf ,stat4 #gcc7 is amended to read as follows3 7,c7 #aac1ejj1jjj for fiscal year #bjae4 4 7#c7 ,national priority safety programs ,section #caaja7;a77#c77;,c7 of ,,map-#ba 7#abf ,stat4 #gcc7 is amended to read as follows3 7,c7 #bgb1jjj1jjj for fiscal year #bjae4 4 7#d7 ,national driver register ,section #caaja7;a77#d77;,c7 of ,,map-#ba 7#abf ,stat4 #gcc7 is amended to read as follows3 7,c7 #e1jjj1jjj for fiscal year #bjae4 4 7#e7 ,high visibility enforcement program 7,a7 ,authorization of appropriations ,section #caaja7;a77#e77;,c7 of ,,map-#ba 7#abf ,stat4 #gcc7 is amended to read as follows3 7,c7 #bi1jjj1jjj for fiscal year #bjae4 4 7,b7 ,law enforcement campaigns ,section #bjji7;a7 of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note7 is amended-- 7i7 in the first sentence1 by striking and #bjad and in the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting through #bjae2 and 7ii7 in the second sentence1 by striking and #bjad and in the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting #8#8through #bjae''4 7#f7 ,administrative expenses ,section #caaja7;a77#f77;,c7 of ,,map-#ba 7#abf ,stat4 #gcc7 is amended to read as follows3 7,c7 #be1ejj1jjj for fiscal year #bjae4 4 7b7 ,cooperative research and evaluation ,section #djc7;f77#a7 of title #bc1 ,united ,states ,code1 is amended by striking under subsection #djb7;c7 in each fiscal year ending before ,october #a1 #bjad1 and #b1jhb1aib of the total amount available for apportionment to the ,states for highway safety programs under section #djb7;c7 in the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting under section #djb7;c7 in each fiscal year ending before ,october #a1 #bjae14 7c7 ,applicability of title #bc ,section #caaja7;c7 of ,,map-#ba 7#abf ,stat4 #gcc7 is amended by striking fiscal years #bjac and #bjad and for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting each of fiscal years #bjac through #bjae4 #gcajb4 ,extension of ,federal ,motor ,carrier ,safety ,administration programs 7a7 ,motor carrier safety grants ,section #caajd7;a77#aj7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#aj7 #bah1jjj1jjj for fiscal year #bjae4 4 7b7 ,administrative expenses ,section #caajd7;i77#a77;,j7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7,j7 #bei1jjj1jjj for fiscal year #bjae4 4 7c7 ,grant programs 7#a7 ,commercial driver's license program improvement grants ,section #daja7;c77#a7 of ,,safetea-,,lu 7#aai ,stat4 #agae7 is amended by striking each of fiscal years #bjac and #bjad and #bd1ihf1cja for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting each of fiscal years #bjac through #bjae4 7#b7 ,border enforcement grants ,section #daja7;c77#b7 of ,,safetea-,,lu 7#aai ,stat4 #agae7 is amended by striking each of fiscal years #bjac and #bjad and #bf1feb1jee for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting each of fiscal years #bjac through #bjae4 7#c7 ,performance and registration information system management grant program ,section #daja7;c77#c7 of ,,safetea-,,lu 7#aai ,stat4 #agae7 is amended by striking each of fiscal years #bjac and #bjad and #d1afd1chd for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting each of fiscal years #bjac through #bjae4 7#d7 ,commercial vehicle information systems and networks deployment program ,section #daja7;c77#d7 of ,,safetea-,,lu 7#aai ,stat4 #agae7 is amended by striking each of fiscal years #bjac and #bjad and #bj1hba1iah for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting each of fiscal years #bjac through #bjae4 7#e7 ,safety data improvement grants ,section #daja7;c77#e7 of ,,safetea-,,lu 7#aai ,stat4 #agae7 is amended by striking each of fiscal years #bjac and #bjad and #b1dih1fcj for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting each of fiscal years #bjac through #bjae4 7d7 ,high-,priority activities ,section #caajd7k77#b7 of title #di1 ,united ,states ,code1 is amended by striking each of fiscal years #bjjf through #bjad and up to #ab1dic1aea for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting each of fiscal years #bjjf through #bjae4 7e7 ,new entrant audits ,section #caadd7;g77#e77;,b7 of title #di1 ,united ,states ,code1 is amended by striking per fiscal year and up to #bf1feb1jee for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting per fiscal year4 7f7 ,outreach and education ,section #dabg7;e7 of ,,safetea-,,lu 7#aai ,stat4 #agda7 is amended by striking each of fiscal years #bjac and #bjad and #c1cca1ejg to the ,federal ,motor ,carrier ,safety ,administration for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting each of fiscal years #bjac through #bjae4 7g7 ,grant program for commercial motor vehicle operators ,section #dacd7;c7 of ,,safetea-,,lu 7#di ,u4,s4,c4 #cacja note7 is amended by striking each of fiscal years #bjje through #bjad and #hcb1hgg for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae and inserting each of fiscal years #bjje through #bjae4 #gcajc4 ,dingell-,johnson ,sport ,fish ,restoration ,act ,section #d of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;c7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a7 by striking each fiscal year through #bjad and for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting each fiscal year through #bjae2 and 7#b7 in subsection 7b77#a77;,a7 by striking for each fiscal year ending before ,october #a1 #bjad1 and for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting for each fiscal year ending before ,october #a1 #bjae4 ,b ,hazardous ,materials #gcbja4 ,authorization of appropriations 7a7 ,in general ,section #eabh7;a77#c7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#c7 #db1gfb1jjj for fiscal year #bjae4 4 7b7 ,hazardous ,materials ,emergency ,preparedness ,fund ,section #eabh7;b77#b7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,fiscal year #bjae ,from the ,hazardous ,materials ,emergency ,preparedness ,fund established under section #eaaf7;i71 the ,secretary may expend during fiscal year #bjae-- 7,a7 #ahh1jjj to carry out section #eaae2 7,b7 #ba1hjj1jjj to carry out subsections 7a7 and 7b7 of section #eaaf1 of which not less than #ac1fej1jjj shall be available to carry out section #eaaf7;b72 7,c7 #aej1jjj to carry out section #eaaf7;f72 7,d7 #fbe1jjj to publish and distribute the ,emergency ,response ,guidebook under section #eaaf7;i77#c72 and 7,e7 #a1jjj1jjj to carry out section #eaaf7;j74 4 7c7 ,hazardous materials training grants ,section #eabh7;c7 of title #di1 ,united ,states ,code1 is amended by striking each of fiscal years #bjac and #bjad and #c1cca1ejg for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae1 and inserting each of fiscal years #bjac through #bjae4 ,,lxxiv ,revenue provisions #gdjja4 ,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 ,august #a1 #bjae in subsections 7b77#f77;,b71 7c77#a71 and 7e77#c7 and inserting ,october #a1 #bjae1 and 7#b7 by striking ,highway and ,transportation ,funding ,act of #bjae in subsections 7c77#a7 and 7e77#c7 and inserting ,surface ,transportation ,extension ,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 ,highway and ,transportation ,funding ,act of #bjae each place it appears in subsection 7b77#b7 and inserting ,surface ,transportation ,extension ,act of #bjae1 and 7#b7 by striking ,august #a1 #bjae in subsection 7d77#b7 and inserting ,october #a1 #bjae4 7c7 ,leaking ,underground ,storage ,tank ,trust ,fund ,paragraph 7#b7 of section #iejh7;e7 of the ,internal ,revenue ,code of #aihf is amended by striking ,august #a1 #bjae and inserting ,october #a1 #bjae4 7d7 ,effective date ,the amendments made by this section shall take effect on ,august #a1 #bjae4 ,h ,budgetary effects #hjjja4 ,budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go-,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,senate ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 #hjjjb4 ,maintenance of highway trust fund cash balance 7a7 ,definitions ,in this section3 7#a7 ,highway account ,the term ,highway ,account has the meaning given the term in section #iejc7;e77#e77;,b7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,highway trust fund ,the term ,highway ,trust ,fund means the ,highway ,trust ,fund established by section #iejc7;a7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,mass transit account ,the term ,mass ,transit ,account means the ,mass ,transit ,account established by section #iejc7;e77#a7 of the ,internal ,revenue ,code of #aihf4 7b7 ,restriction on obligations ,if the ,secretary1 in consultation with the ,secretary of the ,treasury1 determines under the test or reevaluation described under subsection 7c7 or 7d7 that the projected cash balances of either the ,highway ,account or the ,mass ,transit ,account of the ,highway ,trust ,fund will fall below the levels described in subparagraph 7,a7 or 7,b7 of subsection 7c77#b7 at any time during the fiscal year for which that determination applies1 the ,secretary shall not approve any obligation of funds authorized out of the ,highway ,account or the ,mass ,transit ,account of the ,highway ,trust ,fund during that fiscal year4 7c7 ,cash balance test ,on ,july #ae prior to the beginning of each of fiscal years #bjai through #bjba1 the ,secretary1 in consultation with the ,secretary of the ,treasury1 shall-- 7#a7 based on data available for the midsession review described under section #aajf of title #ca1 ,united ,states ,code1 estimate the projected cash balances of the ,highway ,account and the ,mass ,transit ,account of the ,highway ,trust ,fund for the upcoming fiscal year2 and 7#b7 determine if those cash balances-- 7,a7 are projected to fall below the amount of #d1jjj1jjj1jjj at any time during that upcoming fiscal year in the ,highway ,account of the ,highway ,trust ,fund2 or 7,b7 are projected to fall below the amount of #a1jjj1jjj1jjj at any time during that upcoming fiscal year in the ,mass ,transit ,account of the ,highway ,trust ,fund4 7d7 ,reevaluation ,the ,secretary shall conduct the test described under subsection 7c7 again during a respective fiscal year-- 7#a7 if a law is enacted that provides additional revenues1 deposits1 or transfers to the ,highway ,trust ,fund2 or 7#b7 when the ,president submits to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 updated outlay estimates or revenue projections related to the ,highway ,trust ,fund4 7e7 ,notification ,not later than #ae days after a determination is made under subsection 7c7 or 7d71 the ,secretary shall provide notification of the determination to-- 7#a7 the ,committee on ,environment and ,public ,works of the ,senate2 7#b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7#c7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7#d7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7#e7 ,state transportation departments and designated recipients4 7f7 ,exceptions ,notwithstanding subsection 7b71 the ,secretary shall approve obligations in every fiscal year for-- 7#a7 administrative expenses of the ,federal ,highway ,administration1 including any administrative expenses funded under-- 7,a7 section #ajd7;a7 of title #bc1 ,united ,states ,code2 7,b7 the tribal transportation program under section #bjb7;a77#f71 of title #bc1 ,united ,states ,code2 7,c7 the ,federal lands transportation program under section #bjc of title #bc1 ,united ,states ,code2 and 7,d7 chapter #f of title #bc1 ,united ,states ,code2 7#b7 funds for the national highway performance program under section #aai of title #bc1 ,united ,states ,code1 that are exempt from the limitation on obligations2 7#c7 the emergency relief program under section #abe of title #bc1 ,united ,states ,code2 7#d7 the administrative expenses of the ,national ,highway ,traffic ,safety ,administration in carrying out chapter #d of title #bc1 ,united ,states ,code2 7#e7 the highway safety programs under section #djb of title #bc1 ,united ,states ,code1 and national priority safety programs under section #dje of title #bc1 ,united ,states ,code2 7#f7 the high visibility enforcement program under section #bjji of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note2 ,public ,law #aji-ei72 7#g7 the highway safety research and development program under section #djc of title #bc1 ,united ,states ,code2 7#h7 the national driver register under chapter #cjc of title #di1 ,united ,states ,code2 7#i7 the motor carrier safety assistance program under section #caajb of title #di1 ,united ,states ,code2 7#aj7 the administrative expenses of the ,federal ,motor ,carrier ,safety ,administration under section #caaaj of title #di1 ,united ,states ,code2 and 7#aa7 the administrative expenses of the ,federal ,transit ,administration funded under section #ecch7;h7 of title #di1 ,united ,states ,code1 to carry out section #ecbi of title #di1 ,united ,states ,code4 #hjjjc4 ,prohibition on rescissions of certain contract authority ,for purposes of the enforcement of a point of order established under the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fba et seq471 the determination of levels under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj et seq47 or the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #ica et seq471 and the enforcement of a point of order established under or the determination of levels under a concurrent resolution on the budget1 the rescission of contract authority that is provided under this ,act or an amendment made by this ,act for fiscal year #bjai1 #bjbj1 or #bjba shall not be counted4 ,i ,export-,import ,bank of the ,united ,states #ijjja4 ,short title ,this division may be cited as the ,export-,import ,bank ,reform and ,reauthorization ,act of #bjae4 ,,xci ,taxpayer protection provisions and increased accountability #iajja4 ,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 #iajjb4 ,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 #iajjc4 ,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 #iajjd4 ,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 #iajje4 ,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 #iajjf4 ,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 #iajjg4 ,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 #iajje4 7b7 ,report ,not later than one 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 #iajjh4 ,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 one 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 ,,xcii ,promotion of small business exports #ibjja4 ,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 #ibjjb4 ,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 ,,xciii ,modernization of operations #icjja4 ,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 #icjjb4 ,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 ,,xciv ,general provisions #idjja4 ,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 #idjjb4 ,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 ,,xcv ,other matters #iejja4 ,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 #iejjb4 ,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 #iejjc4 ,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 ,amend the title so as to read3 ,an ,act to authorize funds for ,federal-aid highways1 highway safety programs1 and transit programs1 and for other purposes44 ,secretary