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H.R. 22Became Law

FAST Act

Fixing America's Surface Transportation Act or the FAST Act

DIVISION A--SURFACE TRANSPORTATION

(Sec. 1002) Directs the Department of Transportation (DOT) to reduce the amount apportioned for a surface transportation program, project, or activity for FY2016 by amounts apportioned or allocated under any extension of the Moving Ahead for Progress in the 21st Century Act (MAP-21) for the period beginning October 1, 2015, and ending upon enactment of this Act.

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorizations and Programs

(Sec. 1101) Reauthorizes through FY2020:

  • certain core federal-aid highway programs;
  • the transportation infrastructure finance and innovation program;
  • the federal lands, tribal transportation, and federal lands transportation and access programs;
  • the territorial and Puerto Rico highway program; and
  • nationally significant freight and highway projects.

Requires the expenditure of at least 10% of amounts made available for federal-aid highways and public transportation programs through small business concerns owned and controlled by socially and economically disadvantaged individuals.

Directs states to compile annual lists of small disadvantaged business enterprises according to minimum uniform criteria established by DOT.

(Sec. 1102) Prescribes obligation ceilings for certain federal-aid highway and highway safety construction programs, with specified exceptions.

Prescribes requirements, including a formula, and restrictions for certain FY2016-FY2020 distributions from the obligation limitation for federal-aid highways.

Directs DOT to redistribute to the states any federal-aid highway program funds that, because of any imposed obligation limitation, will not be allocated or otherwise made available to them for obligation for surface transportation program projects.

(Sec. 1104) Authorizes appropriations through FY2020 for Federal Highway Administration (FHWA) administrative expenses.

Revises and renames the surface transportation program as the surface transportation block grant program (STBGP) (as established by section 1109 of this Act).

Requires DOT to set-aside specified amounts of a state's base apportionment of core program funds for the national highway freight program and metropolitan transportation planning.

Directs DOT also to reserve certain amounts to states for:

  • the national highway performance program for FY2019 and FY2020, and
  • the STBGP through FY2020.

(Sec. 1105) Authorizes DOT to make competitive grants to a state or group of states, a metropolitan planning organization (MPO) that serves an urbanized area with a population of more than than 200,000 individuals, a unit of local government or group of local governments, or other specified entities to furnish financial assistance for nationally significant freight and highway projects.

Requires DOT to reserve out of such grant amounts for each fiscal year:

  • 10% for small projects, and
  • at least 25% for projects in rural areas.

Makes the maximum federal share of project costs 60%.

(Sec. 1106) Revises requirements for the national highway performance program.

Authorizes DOT, upon request, to allow a state to use its apportionment of national highway performance program funds to pay subsidy and administrative costs of Transportation Infrastructure Finance and Innovation Act (TIFIA) program secured loans, loan guarantees, or credit for surface transportation projects for a state, local government, public authority, public-private partnership, or any other legal entity.

Allows a state's apportionment to be obligated for projects:

  • for the reconstruction or rehabilitation of federal-aid highway bridges (non-National Highway System bridges), and
  • to reduce the risk of failure of critical transportation infrastructure.

(Sec. 1107) Revises requirements for the emergency relief fund program.

Treats as an eligible expense for emergency relief program funding the costs of disaster debris removal for projects for the repair or reconstruction of federal-aid highways on tribal transportation facilities, federal lands transportation facilities, or other federally-owned roads that are open to public travel.

(Sec. 1108) Revises and reauthorizes requirements for the set-aside of highway safety improvement program funds for states for the same period for the elimination of hazards and the installation of protective devices at railway-highway crossings.

(Sec. 1109) Establishes in DOT an surface transportation block grant program (STBGP).

Requires states to obligate for each fiscal year specified graduated percentages of apportioned funds in:

  • urbanized areas with a population of over 200,000, and
  • rural areas with a population greater than 5,000.

Directs DOT to reserve certain amounts of the state apportionment of funds for each fiscal year for surface transportation projects or activities or transportation alternatives projects.

Requires states to obligate an amount of reserved funds for each fiscal year equal to the amount apportioned to the state for the surface transportation program for FY2009 for recreational trails projects.

(Sec. 1110) Reduces the amount DOT must deduct from FHWA administrative funds each fiscal year for highway use tax evasion projects.

(Sec. 1111) Prescribes requirements for the bundling of two or more similar projects for the replacement or repair of structurally deficient bridges.

(Sec. 1112) Revises formulae for certain allocations of funds to states for construction of ferry boats and ferry terminal facilities.

Reauthorizes the program through FY2020. Certain funds are made available for the National Ferry Database.

(Sec. 1113) Revises the highway safety improvement program.

Makes eligible as highway safety improvement projects any installation of vehicle-to-infrastructure communication equipment, pedestrian hybrid beacons, roadway improvements that provide separation between pedestrians and motor vehicles, and other types of infrastructure safety projects.

Authorizes states to elect not to collect certain data on unpaved public roads regarding the model inventory of roadways if certain requirements are met.

Eliminates the definition of "state highway safety improvement programs."

Requires DOT to review best practices for implementation of roadway safety infrastructure improvements to reduce the number or severity of commercial motor vehicle accidents.

(Sec. 1114) Revises congestion mitigation and air quality improvement (CMAQ) program requirements.

Authorizes states to obligate the apportionment of CMAQ program funds for projects for the installation of vehicle-to-infrastructure communication equipment in nonattainment or maintenance areas for particulate matter.

Declares that requirements for priority use of congestion mitigation and air quality project funds in PM2.5 nonattainment or maintenance areas shall not apply in any state with a population density of 80 or fewer persons per square mile of land area if certain criteria are met.

Authorizes states or metropolitan planning organizations (MPOs) also to elect to obligate PM2.5 priority funds to the most cost-effective CMAQ projects to reduce emissions from port-related landside nonroad or on-road equipment that operates within a PM2.5 nonattainment or maintenance area.

(Sec. 1115) Increases the authorization of appropriations for the Puerto Rico highway and territorial highway programs.

(Sec. 1116) Revises national freight program requirements.

Renames the national freight network the National Highway Freight Network.

Authorizes the MPO representative in an urbanized area with a population of 500,000 or more to designate a public road within the borders of that area of the state as a critical urban freight corridor. Authorizes the state to do the same for an urbanized area with a population under 500,000.

Requires states that have not met, or made significant progress toward meeting, certain performance targets related to freight movement of the state to report biennially to DOT on actions the state will undertake to achieve the targets.

Prescribes requirements for the use of apportioned funds, including development of intelligent freight transportation systems. The term "intelligent freight transportation system" means:

  • innovative or intelligent technological transportation systems, infrastructure, or facilities; or
  • communications or information processing systems that improve the efficiency or safety of freight movements on the federal-aid highway system.

(Sec. 1117) Revises the federal lands and tribal transportation programs.

Requires entities carrying out a project under the tribal transportation program to report annually to DOT and to the Department of the Interior on specified project data.

Directs DOT to:

  • report to Congress on the quality of transportation safety data collected by states, counties, and Indian tribes for transportation systems and its relevance to improving the collection and sharing of data on crashes on Indian reservations; and
  • identify and evaluate in a separate study any options for improving safety on public roads on Indian reservations.

(Sec. 1118) Revises funding requirements for the tribal transportation program to:

  • reduce from 6% to 5% of authorized program funds the maximum amount that either DOT or Interior may use for certain administrative expenses, and
  • increase from 2% to 3% of such funds the allocation for specified bridge projects.

(Sec. 1119) Extends the federal lands transportation program and its funds allocations to the transportation systems of Interior's Bureau of Land Management.

(Sec. 1120) Authorizes DOT to conduct cooperative research and technology deployment in coordination with federal land management agencies for transportation planning of federal lands and tribal transportation facilities projects.

Requires DOT to combine and use no more than 5% of federal lands transportation program and federal lands access program funds for transportation planning activities for federal lands transportation facilities, federal lands access transportation facilities, and other federally-owned roads open to public travel.

Allows the use of such funds also for:

  • inspections of federally-owned bridges even if not included in the national federal lands transportation facility inventory, and
  • transportation planning activities carried out by federal land management agencies.

(Sec. 1121) Directs DOT to establish a tribal transportation self-governance program via a compact with an Indian tribe, subject to negotiated annual written funding arrangements with the tribe.

Requires any funding agreement to authorize the Indian tribe to plan, conduct, consolidate, administer, and receive full tribal share funding, tribal transit formula funding, and funding to tribes from DOT-administered discretionary and competitive grants for all programs, services, functions, and activities to carry out tribal transportation programs and DOT-administered programs, services, functions, and activities.

(Sec. 1122) Directs DOT to issue guidance on working with state departments of transportation that request assistance from FHWA division offices to:

  • review principal arterials within a state that were added to the National Highway System (NHS) as of October 1, 2012, and
  • identify any necessary functional classification changes to rural and urban principal arterials.

Requires DOT to:

  • review the NHS modification process, and
  • ensure that a state may submit requests to modify the NHS by withdrawing a road from it.

(Sec. 1123) Directs DOT to establish a program to fund construction, reconstruction, or rehabilitation of nationally significant federal lands and tribal transportation projects.

Authorizes appropriations through FY2020.

Subtitle B--Planning and Performance Management

(Sec. 1201) Revises requirements for metropolitan transportation planning.

Prescribes requirements for selection of MPO officials or representatives.

Authorizes MPOs serving a transportation management area to develop a congestion management plan that includes projects and strategies that will be considered in the MPO's transportation improvement program.

Treats the Bi-State MPO Region as:

  • an MPO,
  • a transportation management area, and
  • an urbanized area (comprising a population of 145,000 in California and a population of 65,000 in Nevada).

Prescribes formulae for the suballocation of STBGP and transportation alternatives program funds for a fiscal year for the Bi-State MPO Region.

(Sec. 1202) Revises requirements for statewide and nonmetropolitan transportation planning.

Subtitle C--Acceleration of Project Delivery

(Sec. 1301)Prescribes requirements for DOT in highway and public transportation planning to preserve certain historic sites, especially by aligning, to the maximum extent practicable, specified preservation requirements with the National Environmental Policy Act of 1969 (NEPA) and any avoidance alternative analysis it requires.

(Sec. 1303) Exempts from consideration for parkland, wildlife and waterfowl refuge, and historic site preservation purposes any common post-1945 concrete or steel bridge or culvert already exempt from individual review of its effect on any historic property.

(Sec. 1304) Prescribes procedures for accelerating the project delivery decisionmaking process regarding:

  • environmental review of highway, public transportation, or multimodal projects;
  • coordination among relevant agencies in meeting project deadlines;
  • public availability of the status and progress of projects requiring compliance with NEPA review and other federal, state, or local approval;
  • integration of planning and environmental review of projects between the lead agency (DOT) and participating federal and non-federal agencies;
  • adoption of departmental environmental assessments or environmental impact statements of other operating administrations; and
  • federal coordination of the environmental review and permitting process for transportation projects.

Grants DOT, as federal lead agency in the environmental review process for a highway, public transportation capital, or multimodal project, authority and responsibility to consider and respond to comments received from participating federal and non-federal agencies on matters within their special expertise or jurisdiction.

(Sec. 1305) Revises requirements for the integration of planning and environmental review.

(Sec. 1306) Changes from discretionary to mandatory the authority of federal agencies responsible for the environmental review of a transportation project to give substantial weight to recommendations in the programmatic mitigation plans of states and MPOs.

(Sec. 1307) Requires DOT, upon state request, to give technical assistance to a state assuming responsibility for making categorical exclusion determinations for highway or related projects.

(A "categorical exclusion" under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.)

(Sec. 1308) Revises requirements for termination of a state from the surface transportation project delivery program, increasing from 30 to 120 days the time DOT must give a state to take corrective action.

Authorizes DOT, in cooperation with state officials, to carry out education, training, peer-exchange, and other initiatives to assist states in developing capacity building for environmental review of projects under NEPA.

(Sec. 1309) Directs DOT to establish a pilot program to authorize states to conduct environmental review of projects under state laws instead of NEPA.

(Sec. 1310) Revises requirements for application of categorical exclusions for multimodal projects, including acceleration of decisionmaking in environmental reviews.

(Sec. 1312) Authorizes a public entity receiving DOT financial assistance for one or more projects, or for a program of projects, for a public purpose to request DOT to allow it to furnish funds to federal agencies, including DOT, state agencies, and Indian tribes participating in the environmental planning and review process for the project, projects, or program, but only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes.

(Sec. 1313) Directs DOT, in coordination with federal agencies likely to have substantive review or approval responsibilities under federal law, to develop a coordinated and concurrent environmental review and permitting process for transportation projects, meeting specified criteria, when initiating an environmental impact statement.

(Sec. 1314) Amends MAP-21 to require inflation adjustments to specified dollar amounts indicating the maximum federal assistance to certain federal-aid highway projects which must be categorically excluded from the requirements relating to environmental assessments or environmental impact statements.

(Sec. 1315) Directs DOT to develop a template programmatic agreement with states that provides for efficient procedures for evaluating categorical exclusion determinations.

(Sec. 1316) Directs DOT to:

  • allow states to assume DOT responsibilities for project design, plans, specifications, estimates, contract awards, and inspection of projects, on both a project-specific and programmatic basis; and
  • recommend to Congress legislation to permit the assumption of additional authorities by states, including about real estate acquisition and project design.

(Sec. 1317) Directs DOT to examine ways to modernize and improve the NEPA environmental review process for federal-aid highway projects.

(Sec. 1318) Directs the Government Accountability Office (GAO) to assess progress made under this Act, MAP-21, and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to accelerate the delivery of federal-aid highway and highway safety construction projects and public transportation capital projects by streamlining the environmental review and permitting process.

Subtitle D--Miscellaneous

(Sec. 1401) Prohibits, through FY2020, the use of a state's apportionment of highway safety improvement program funds to purchase, operate, or maintain an automated traffic enforcement system, except any located in school zones.

Defines "automated traffic enforcement system" to mean any camera that captures an image of a vehicle for purposes of traffic law enforcement.

(Sec. 1402) Requires DOT to compile and make available on the DOT public website any data on the amounts of federal-aid highway program funds made available under this title for each fiscal year.

(Sec. 1403) Requires DOT to make available certain additional funds deposited into the HTF Highway Account or Mass Transit Account for federal-aid highway programs.

Reauthorizes appropriations through FY2020.

(Sec. 1404) Requires a design for new construction or rehabilitation of NHS highways to take into account, in addition to other specified criteria, the environment and safety for other modes of transportation, as well as cost savings by utilizing flexibility in current design guidance and regulations.

(Sec. 1405) Requires any requested or required justification report for a project that would add a point of access to, or exit from, the Interstate System to include new or modified freeway-to-crossroad interchanges inside a transportation management area.

(Sec. 1407) Makes eligible for funding under the National Highway Performance Program and the Surface Transportation Program any projects for the installation of vehicle-to-infrastructure communication equipment.

(Sec. 1409) Declares that, for Interstate System (IS) vehicle weight limitation purposes, any vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided, and so are eligible for a special permit.

(Sec. 1410) Exempts certain heavy-duty tow and recovery vehicles traveling on federal highways from federal vehicle weight limitations.

Allows federal truck weight limitations to remain in place on specified highways in Texas and Arkansas.

Directs DOT to waive federal vehicle weight limitations for certain logging vehicles operating on IS highways in Wisconsin and Minnesota.

Prohibits states from enforcing against an emergency vehicle a vehicle weight limit (up to a maximum vehicle weight of 86,000 pounds) of less than:

  • 24,000 pounds on a single steering axle,
  • 33,500 pounds on a single drive axle,
  • 62,000 pounds on a tandem axle, or
  • 52,000 pounds on a tandem rear drive steer axle.

Defines the term "emergency vehicle" to mean a vehicle designed to be used under emergency conditions to:

  • transport personnel and equipment, and
  • support the suppression of fires and mitigation of other hazardous situations.

Allows natural gas vehicles to exceed any vehicle weight limit (up to a maximum vehicle weight of 82,000 pounds) by an amount equal to the difference between:

  • the weight of the vehicle attributable to the vehicle's natural gas tank and fueling system, and
  • the weight of a comparable diesel tank and fueling system.

(Sec. 1411)Revises requirements for the toll roads, bridges, tunnels, and ferries program.

Requires over-the-road buses that serve the public to have access to toll facilities equal to that of public transportation buses.

Defines the term "over-the-road bus" to mean a bus characterized by an elevated passenger deck located over a baggage compartment.

Revises certain exceptions to high occupancy vehicle (HOV) facility requirements.

Authorizes the public authority to allow a public transportation vehicle use of HOV facilities if it provides equal access for all public transportation vehicles and over-the-road buses serving the public.

Authorizes the public authority also to allow use of HOV facilities by:

  • vehicles if a toll is paid and the authority ensures that over-the-road buses serving the public have the same access as public transportation buses, and
  • alternative fuel vehicles and new qualified plug-in electric drive motor vehicles provided certain requirements are met.
Requires a public authority to submit to DOT for approval, within 180 days after a HOV facility is considered degraded, a plan to bring the facility back into compliance with the minimum average operating speed. ("Degraded" means failure of vehicles operating on HOV lanes to maintain minimum average operating speed 90% of the time over a consecutive 180-day period during morning and/or evening weekday peak hour periods.)

Amends the Transportation Equity Act for the 21st Century to revise requirements for the interstate system reconstruction and rehabilitation pilot program. Prescribes requirements for final approval of state applications to collect tolls on highways, bridges, or tunnels for projects for the reconstruction and rehabilitation of interstate highway corridors.

(Sec. 1412) Authorizes payment from the state apportionment of federal-aid highway program funds for projects at railway-highway grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains.

(Sec. 1413) Directs DOT to designate national electric vehicle charging and hydrogen, propane, and natural gas fueling corridors that identify the need for electric vehicle charging, hydrogen fueling, propane fueling, and natural gas fueling infrastructures at strategic locations along major national highways.

Authorizes the General Services Administration (GSA) to install (on a reimbursable basis) battery recharging stations in GSA-owned parking areas for vehicles of GSA employees, tenant federal agencies, and other authorized individuals. Requires the GSA or the federal agency the charge fees to individuals to use such stations.

(Sec. 1414) Revises federal requirements for minimum state penalties for repeat offenders for driving while intoxicated or driving under the influence.

Adds a 24-7 sobriety program to criteria for state repeat offender laws.

Specifies exceptions to the requirement of an ignition interlock device on a vehicle of an individual with restricted driving privileges

(Sec. 1415) Authorizes as an eligible cost for a federal-aid highway construction project the cost of improving habitat and forage for pollinators (i.e., bees, birds, bats, Monarch and other butterflies) on rights-of-way adjacent to such highways.

Requires DOT, in conjunction with willing states, to carry out programs that encourage:

  • integrated vegetation management practices on roadsides and other transportation rights-of-way, including reduced mowing; and
  • the development of habitat and forage for pollinators through planting of native forbs and grasses, including noninvasive, native milkweed species.

(Sec. 1416) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to revise the high priority Raleigh-Norfolk Corridor of the NHS between Raleigh, North Carolina, and Norfolk, Virginia, to include Rocky Mount, Williamston, and Elizabeth City, North Carolina.

Includes Texas State Highway 44 from United States Route 59 at Freer, Texas, to Texas State Highway 358 as part of the high priority Lower Rio Grande Valley Corridor of the NHS in Texas.

Designates as a high priority corridor on the NHS, as part of Interstate Route I-11, the Intermountain West Corridor from the vicinity of Las Vegas, Nevada, extending north along U.S. Route 95, terminating at Interstate Route 80.

Declares as high priority corridors on the NHS as well as segments of the IS:
  • U.S. Route 117/Interstate Route 795 from U.S. Route 70 in Goldsboro, Wayne County, North Carolina, to Interstate Route 40 west of Faison, Sampson County, North Carolina;
  • U.S. Route 70 from its intersection with Interstate Route 40 in Garner, Wake County, North Carolina, to the Port at Morehead City, Carteret County, North Carolina;
  • Sonoran Corridor along State Route 410 connecting Interstate Route 19 and Interstate Route 10 south of the Tucson International Airport;
  • the Central Texas Corridor commencing at the logical terminus of Interstate 10, and generally following portions of U.S. Route 190 eastward passing in the vicinity Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing;
  • Interstate Route 81 in New York from its intersection with Interstate Route 86 to the United States-Canadian border;
  • Interstate Route 70 from Denver, Colorado, to Salt Lake City, Utah;
  • Oregon 99W Newberg-Dundee Bypass Route between Newberg, Oregon, and Dayton, Oregon; and
  • Interstate Route 205 in Oregon from its intersection with Interstate Route 5 to the Columbia River.

Amends the SAFETEA-LU Technical Corrections Act of 2008 to direct DOT to designate as a future Interstate Route 69 Spur, the Audubon Parkway between Henderson, Kentucky, and Owensboro, Kentucky, and as a future Interstate Route 65 and 66 Spur, the William H. Natcher Parkway between Bowling Green, Kentucky, and Owensboro, Kentucky.

(Sec. 1417) Makes eligible for work zone safety training program grants the development, updating, and delivery of training courses on guard rail installation, maintenance, and inspection.

(Sec. 1418) Amends MAP-21 to direct DOT to set-aside for each of FY2016-FY2020 a specified amount of highway safety improvement program funds before making any apportionment for FHWA administrative expenses.

(Sec. 1419) Amends ISTEA to repeal the requirement for annual reports to Congress on continuing studies of the fundamental chemical and physical properties of petroleum asphalts and modified asphalts used in highway construction.

Amends SAFETEA-LU to repeal the requirement for an annual report to Congress on the express lanes demonstration program.

(Sec. 1420) Authorizes DOT to exercise all existing flexibilities under and exceptions to the requirements for federal-aid highway projects and other DOT administered requirements, in whole or in part.

(Sec. 1421) Requires DOT, in cooperation with states, to develop guidance that encourages the use of programmatic approaches to project delivery, expedited procurement techniques, and other best practices for states and the FHWA to facilitate the timely expenditure of federal funds for federal-aid highway projects.

(Sec. 1422) Directs the FHWA to commission the Transportation Research Board of the National Academy of Sciences to study the performance of bridges funded under the innovative bridge research and construction program in meeting program goals.

(Sec. 1423) Authorizes a state transportation agency to relinquish park-and-ride lot facilities, or portions of them, to a local government agency for highway purposes if authorized to do so under state law, and the relinquishment meets certain requirements.

(Sec. 1424) Authorizes the FHWA to establish a pilot program that allows a state to utilize innovative approaches to maintain the right-of-way of federal-aid highways.

(Sec. 1425) Authorizes states to allow on the IS the maintenance of service club, charitable association, or religious service signs of a certain size, provided the state notifies the FHWA.

(Sec. 1426) Requires the FHWA to appoint a Motorcyclist Advisory Council on infrastructure issues of concern to motorcyclists.

(Sec. 1427) Expresses the sense of Congress that the FHWA should do all it can to protect the safety of construction workers in highway work zones.

(Sec. 1428) Directs DOT to encourage the FHWA to use durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies for federal-aid highway projects.

(Sec. 1429) Requires DOT to study methods for evaluating roadside highway safety hardware devices to improve the data collected on the devices.

(Sec. 1430) Expresses the sense of Congress that DOT should utilize modeling and simulation technology to analyze highway and public transportation projects to ensure that they will reduce congestion and be cost effective.

(Sec. 1431) Directs DOT to:

  • establish a National Advisory Committee on Travel and Tourism Infrastructure, and
  • develop and post on the DOT website a national travel and tourism infrastructure strategic plan.

(Sec. 1432) Exempts from further environmental reviews, approvals, licensing, and permit requirements under specified laws any road, highway, or bridge in operation or under construction that is damaged by a declared emergency and reconstructed in the same location with the same dimensions and design as before the emergency.

(Sec. 1433) Directs the GAO to report to Congress on FHWA administrative expenses funded from the HTF for the last three fiscal years.

(Sec. 1434) Directs DOT to make every required report available on its public website.

(Sec. 1435) Amends MAP-21 to reauthorize the federal share of costs for Appalachian development highway system projects through FY2050. Allows the federal share (currently a flat 100%) to be 100% or less, as determined by the state.

(Sec. 1436) Reauthorizes through FY2020 the Appalachian Regional Development Program.

Authorizes the Appalachian Regional Commission to give technical assistance, make grants, and enter into contracts in the Appalachian region for projects to increase affordable access to broadband networks throughout the Appalachian region and for related projects and activities. Authorizes funding.

(Sec. 1437) Authorizes the governor of a state that shares a border with Canada or Mexico to designate up to 5% of its apportionment of STBGP funds for each fiscal year for border infrastructure projects.

(Sec. 1438) Rescinds permanently on July 1, 2020, $7.569 billion of unobligated federal-aid highway funds apportioned among the states, except certain funds for the highway improvement, railway-highway crossings, and certain other highway programs. Prescribes formulae for determining the amounts to be rescinded among the states and within a state.

(Sec. 1439) Authorizes the take of nesting swallows, between April 1 and August 31 of any year, without individual permit requirements, to facilitate bridge construction or repair projects, provided the Department of the Interior promulgates a regulation under the Migratory Bird Treaty Act to allow this.

(Sec. 1440) Allows recipients or subrecipients of federal-aid highway funds to:

  • incur preliminary preconstruction development and engineering costs for an eligible project before receiving project authorization from the state, and
  • request reimbursement of federal funds after project authorization is received.

(Sec. 1441) Directs DOT to establish a regional infrastructure demonstration program to assist entities in developing improved infrastructure priorities and financing strategies for accelerated development of TIFIA-funded projects.

Authorizes appropriations.

(Sec. 1442) Requires DOT to encourage each state and MPO to adopt design standards and best practices for surface transportation projects that provide safety for users of the surface transportation network.

(Sec. 1443) Expresses the sense of Congress that Congress recognizes the valuable contributions made by the U.S. engineering industry to provide critical technical expertise, innovation, and local knowledge to federal and state agencies in order to deliver surface transportation projects to the public.

(Sec. 1444) Directs the FHWA to continue the Every Day Counts initiative to work with states, local transportation agencies, and industry stakeholders to identify and deploy proven innovative best practices and products that accelerate transportation innovation deployment and project delivery as well as improve the environment and roadway safety.

(Sec. 1445) Amends the Water Resources Reform and Development Act of 2004 to repeal the prohibition against the direct or indirect financing of water resources infrastructure projects receiving federal credit assistance with proceeds of any:

  • obligation the interest on which is tax-exempt, or
  • regarding which a qualified tax credit bond or a Build America Bond is allowable.

(Sec. 1446) Makes various technical corrections to federal transportation laws.

TITLE II--INNOVATIVE PROJECT FINANCE

(Sec. 20001) Amends TIFIA to authorize as an eligible transportation infrastructure project cost the capitalizing of a rural projects fund using proceeds of secured loans made to state infrastructure banks to make loans for rural infrastructure projects.

Revises TIFIA program eligibility requirements, adding projects for:

  • public infrastructure near a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility; and
  • capitalization of a rural projects fund.

Requires DOT to make an expedited application process available to entities seeking secured loans under the TIFIA program.

Requires the reservation of $2 million of TIFIA program funds for highway infrastructure projects anticipated not to exceed $75 million.

Revises and reauthorizes through FY2020 the state infrastructure bank program.

(Sec. 2002) Authorizes DOT to make payments to states pursuant to a long-term concession agreements for construction costs incurred on federal-aid highway projects.

TITLE III--PUBLIC TRANSPORTATION

Federal Public Transportation Act of 2015

(Sec. 3003) Revises requirements for metropolitan as well as statewide and nonmetropolitan transportation planning.

Prescribes requirements for selection of MPO representatives or officials.

Authorizes MPOs serving a transportation management area to develop a congestion management plan that includes projects and strategies that will be considered in the MPO's transportation improvement program.

Treats the Bi-State MPO Region (in and around Lake Tahoe, California and Nevada) as:

  • an MPO,
  • a transportation management area, and
  • an urbanized area (comprising a population of 145,000 in California and of 65,000 in Nevada).

(Sec. 3004) Revises requirements for the urbanized area formula public transportation grant program for an urbanized area with a population of at least 200,000.

Allows each public transportation system that is a party to a written agreement with one or more other public transportation systems within the urbanized area to allocate funds for the operating cost of equipment and facilities by a method other than by measuring vehicle revenue hours to follow the terms of the written agreement without regard to measured vehicle revenue hours.

(Sec. 3005) Revises requirements for the fixed guideway capital investment grants program.

Increases the caps on the cost and level of federal assistance for small start new fixed guideway capital projects or corridor-based bus rapid transit projects eligible for financing under fixed guideway capital investment grants.

Eliminates the prerequisite for a new fixed guideway capital project to advance to the engineering phase that it be supported by policies and land use patterns that promote public transportation.

Requires DOT to make necessary benefit, federal investment, and local financial commitment evaluations and ratings of small start projects, upon project sponsor request, upon completion of an environmental assessment under NEPA.

Includes small start projects in programs of interrelated projects (together with new fixed guideway capital projects and core capacity improvement projects, as currently).

Authorizes DOT to award such grants for new fixed guideway capital projects and core capacity improvement projects for both public transportation and intercity passenger rail service. Sets the federal share of project costs at up to 80%.

Authorizes DOT to award up to eight capital investment grants to states and local governments to assist in financing new fixed guideway capital projects or small start projects and core capacity improvement projects. Prescribes requirements for the expedited approval of such projects. Limits grants for such a project to 25% of the net capital project cost.

(Sec. 3006) Requires DOT to collect from, review, and disseminate best practices and other specified information to public transportation agencies for such projects.

Authorizes DOT to award pilot program grants to eligible recipients to assist in financing innovative projects for the transportation of seniors and disabled individuals that improve the coordination of transportation services and non-emergency medical transportation services. Sets the federal share of project costs at up to 80%.

Directs the DOT Interagency Transportation Coordinating Council on Access and Mobility to publish a strategic plan that:

  • outlines federal agency role and responsibilities regarding local transportation coordination, including non-emergency medical transportation, for seniors and individuals with disabilities;
  • addresses certain Council recommendations, including a cost-sharing policy for grantees; and
  • examines and proposes changes to federal laws that will eliminate federal barriers to local transportation coordination.

(Sec. 3007) Revises requirements for the nonurbanized formula grant program.

Requires DOT to apportion specified amounts of rural formula grants each fiscal year for public transportation on Indian reservations.

Prescribes requirements for the allocation of such grants to multiple Indian tribes providing public transportation on tribal lands in a single Tribal Statistical Area.

(Sec. 3008) Replaces the research, development, demonstration, and deployment grant program with a public transportation innovation grant program.

Requires DOT to award grants for projects and activities to advance innovative public transportation research and development.

Requires demonstration, deployment, or evaluation projects in public transportation to seek, among other things, the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology.

Prohibits any DOT grants for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the project makes significant technological advancements in the vehicle.

Requires DOT to enter into a contract or cooperative agreement with, or make a grant to, at least one institution of higher education to operate a facility to assess components for use in low or no emission vehicles.

Establishes a public transportation cooperative research program. Authorizes DOT to make grants to, and cooperative agreements with, the National Academy of Sciences to carry out public transportation research, development, and technology transfer activities.

(Sec. 3009) Revamps the technical assistance and standards development grant program as the technical assistance and workforce development grant program.

Authorizes DOT to establish a competitive grant program to assist the development of innovative activities that address human resource needs to train and develop the public transportation workforce. Sets the federal share of project costs at 50%.

Directs DOT to establish a national transit institute, and award grants to four-year degree-granting institutions of higher education to carry out institute duties, including to develop training and educational programs for federal, state, and local transportation employees, U.S. citizens, and foreign nationals engaged in federally-assisted public transportation work.

(Sec. 3011) Prohibits the use of grants or loans for public transportation to pay incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on the design team.

Revises Buy America requirements for public transportation projects. Allows DOT to waive such requirements when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) whose cost of components and subcomponents produced in the United States for:

  • FY2016 and FY2017, is more than 60% (as under current law) of the cost of all components of the rolling stock;
  • FY2018 and FY2019, is more than 65% of the cost of all such components; and
  • FY2020 and each fiscal year thereafter, is more than 70% of the cost of all components of such stock.

Prescribes requirements for:

  • calculation of the domestic content of certain rolling stock frames or car shells for waiver purposes, and
  • a certification of domestic supply for denied waiver applications.

(Sec. 3012) Directs DOT to prescribe regulations for project management oversight that include:

  • a requirement that oversight be limited to quarterly reviews of recipient compliance with the project management plan unless the recipient requires more frequent oversight because of specified failures, and
  • a process for recipients that require more frequent oversight to return to quarterly reviews.

(Sec. 3013) Revises requirements for the public transportation safety program.

Includes among the contents of the national public transportation safety plan minimum safety standards, meeting specified criteria, for the safe operation of public transportation systems.

Directs DOT to administer state safety oversight programs for rail fixed guideway public transportation systems determined inadequate of enforcing federal safety regulations or incapable of preventing substantial risk of death or personal injury until the state develops a program as meeting certain requirements.

Authorizes DOT to withhold grants to develop state safety oversight programs from states with programs deemed insufficient, including up to 5% of a state's apportionment of formula public transportation grants for urbanized areas with a population under 200,000.

Authorizes DOT also to take certain enforcement action against a recipient that does not comply with federal law regarding the safety of a public transportation system, including withholding up to 25% of a state's apportionment of urbanized area formula public transportation grants.

Requires DOT to issue restrictions and prohibitions if an unsafe condition or practice is determined to exist and be a substantial risk of death or personal injury in a public transportation system.

(Sec. 3014) Revises formulae for the apportionment of formula public transportation grants to states with urbanized areas with a population of at least 200,000 and urbanized areas with a population under 200,000.

Requires a set-aside of $30 million for each fiscal year for passenger ferry grants.

(Sec. 3015) Sets the federal share of costs at 80% for state of good repair capital projects for high intensity fixed guideways and for high intensity motorbuses.

(Sec. 3016) Reauthorizes through FY2020 the research, development demonstration, and deployment program.

Extends:

  • formula grants for public transportation, including allocations for specified projects;
  • technical assistance and standards development and training grants;
  • capital investment grants; and
  • authorization for administrative expenditures.

(Sec. 3017) Allocates certain amounts to states and territories for FY2016-FY2020 for formula bus and bus facilities grants.

Requires DOT to carry out a state pool pilot grant program for eligible recipients or state or local governmental entities in urbanized areas with a population of between 200,000 and 999,999 to support their transit asset management plans.

Revises requirements for competitive grants to eligible recipients for bus and bus facilities capital projects. Authorizes competitive grants for low or no emission bus projects.

(Sec. 3018) Limits obligational ceilings for FY2016-FY2020 for:

  • formula grants for public transportation, including allocations for specified projects; and
  • grants for installation of positive train control systems.

(Sec. 3019) Authorizes states (lead procurement agencies) and grantees of public transportation assistance may enter into a cooperative procurement contracts with one or more vendors for the purchase of rolling stock (railroad cars) and related equipment.

Directs DOT to establish a pilot program for lead nonprofit entities similarly to enter into such contracts for such stock and equipment.

Authorizes grantees to enter into capital leases for:

  • the costs of rolling stock or related equipment, and
  • certain zero emission vehicle components.

(Sec. 3020) Directs DOT to:

  • begin a review of the efficacy of existing safety standards and protocols used in rail fixed guideway public transportation systems, and
  • evaluate the need to establish additional federal minimum public transportation safety standards after conducting the review.

(Sec. 3021) Requires DOT to enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine to evaluate whether it is in the public interest to withhold certain evidentiary public transportation safety program information in federal and state court proceedings.

(Sec. 3022) Directs DOT, after publication of a report required by Sec. 3020, to issue a notice of proposed rulemaking on protecting public transportation operators from the risk of assault.

(Sec. 3023) Declares that any paratransit systems currently coordinating complementary paratransit service for more than 40 fixed route agencies shall be permitted to continue using an existing tiered, distance-based coordinated paratransit fare system if the fare is not increased by a greater percentage than any increase to the fixed route fare for the largest transit agency in the complementary paratransit service area.

(Sec. 3024) Requires DOT to report to Congress on the potential of the Internet of Things to improve transportation services in rural, suburban, and urban areas. (The Internet of Things is the network of physical devices, vehicles, buildings and other items embedded with electronics, software, sensors, actuators, and network connectivity that enable these objects to collect and exchange data.)

(Sec. 3025) Requires DOT to study parking safety at specified alternative transportation facilities and locations.

(Sec. 3026) Grants DOT sole authority to appoint Federal Directors to the Board of Directors of the Washington Metropolitan Area Transit Authority (WMATA).

Directs parties to the WMATA Compact to amend it to reflect such authority.

(Sec. 3027) Directs the GAO to evaluate the impact that MAP-21 changes had on public transportation, including the effectiveness of public transportation agencies to:

  • furnish public transportation to low-income workers in accessing jobs and use reverse commute services; and
  • support services to low-income riders to access jobs, medical services, and other life necessities.

(Sec. 3028) Makes $199 million available from the HTF Mass Transit Account for FY2017 for competitive grants for the installation of PTC systems.

(Sec. 3030) Amends MAP-21 to repeal:

  • the pilot program for expedited new fixed guideway capital project or a core capacity improvement project delivery,
  • the transit cooperative research program,
  • requirements for public transportation facility projects for bicycles, and
  • human resources and training programs in public transportation.

TITLE IV--HIGHWAY TRAFFIC SAFETY

(Sec. 4001) Reauthorizes appropriations from the Highway Trust Fund (HTF) (other than the Mass Transit Account) for FY2016-FY2020 for National Highway Traffic Safety Administration (NHTSA) safety programs, including:

  • the highway safety research and development program,
  • national priority safety programs,
  • the National Driver Register,
  • the High Visibility Enforcement Program, and
  • NHTSA administrative expenses.

(Sec. 4002) Revises highway safety program requirements.

Requires state highway safety programs to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities.

Requires states with installed automated traffic enforcement systems to expend the apportionment of highway safety program funds to conduct a biennial survey of such systems, and make it available on DOT's website.

Directs DOT, in coordination with the Governors Highway Safety Association, to develop procedures to allow states to submit highway safety plans electronically.

Reduces from 60 to 45 the number of days during which DOT must review and approve state highway safety plans it has received.

Revises teen traffic safety requirements.

(Sec. 4003) Revises the highway safety research and development program.

Directs NHTSA (which currently is merely authorized) to carry out collaborative research on in-vehicle alcohol detection technology to prevent alcohol-impaired driving. Directs DOT to obligate up to a certain amount of funds for the period FY2017-FY2020 to related research.

Requires DOT to establish procedures and guidelines to ensure that persons participating in a program or activity that collects data on drug or alcohol use by motor vehicle drivers are informed that the program or activity is voluntary.

Sets the federal share of project costs at 100%.

(Sec. 4004) Directs DOT to establish a high-visibility enforcement program under which at least three high-visibility traffic safety law enforcement campaigns will be carried out for FY2016-FY2020.

Requires each campaign to achieve at least one of the following objectives:

  • reduce alcohol-impaired or drug-impaired driving, and
  • increase the use of seatbelts.

(Sec. 4005) Revises national priority safety programs requirements.

Specifies allocations of national priority safety program funds for occupant protection, state traffic safety information system improvements, impaired driving countermeasures, distracted driving, motorcyclist safety, state graduated driver licensing laws, and nonmotorized safety.

Increases from 75% to 100% the amount of the apportionment of occupant protection grants a state may use for state highway safety programs.

Revises requirements for impaired driving countermeasures incentive grants.

Requires DOT to award separate grants to each state that:

  • adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or driving while intoxicated to receive a restriction on driving privileges, and
  • provides a 24-7 sobriety program.

Prescribes funding requirements.

Directs DOT to award distracted driving incentive grants to states that include distracted driving awareness as part of the state's driver's license examination, and enact and enforce a law that:

  • prohibits drivers (including those under age 18) from texting through a personal wireless communications device (including a cell phone, but not a global navigation satellite [GPS] system receiver) while driving (with specified emergency exceptions),
  • makes a violation a primary offense,
  • establishes a minimum fine, and
  • does not provide an exemption that allows a driver to text through a personal wireless communication device while stopped in traffic.

Revises motorcyclist safety incentive grant requirements.

Requires the allocation of motorcyclist safety grant funds to a state to be in proportion to the state's apportionment of highway safety program funds for FY2009, except that the grant amount may not exceed 25% of the apportionment for FY2009.

Directs DOT to update and give states model language to use in traffic safety education courses, driver's manuals, and other driver training materials instructing motor vehicle operators on the importance of sharing the road safely with motorcyclists.

Revises minimum requirements for state graduated driver licensing incentive grant programs.

Requires DOT to award incentive grants to states with graduated driving licensing laws that require novice drivers under age 18 (currently, under age 21) to comply with a two-stage licensing process before receiving an unrestricted driver's license.

Requires such laws, at a minimum, to include a learner's permit stage that:

  • makes a violation of the prohibition against using a personal wireless communications device while driving (with specified emergency exceptions) a primary offense,
  • requires applicants to pass a vision and knowledge assessment before receiving a learner's permit,
  • requires the driver to be accompanied and supervised at all times while operating the motor vehicle by a licensed driver at least age 21 or by a state-certified driving instructor,
  • requires the driver to complete a state-certified driver education or training course or obtain at least 50 hours of behind-the-wheel training (with at least 10 hours at night), with a licensed driver; and
  • remains in effect until the driver attains age 16 and enters the intermediate stage, or attains 18.

Requires such laws also to include an intermediate permit stage that:

  • begins immediately after successful completion of a driving skills assessment,
  • makes a violation of the prohibition against using a personal wireless communications device while driving (with specified emergency exceptions) a primary offense,
  • restricts driving at night between the hours of 10:00 p.m. and 5:00 a.m. when not supervised by a licensed driver age 21 or older (with specified exceptions) for the first six months of the intermediate stage, and
  • remains in effect until the driver attains age 17.

Directs DOT to award nonmotorized safety grants to states for projects to decrease pedestrian and bicycle fatalities and injuries resulting from crashes with motor vehicles. Sets the federal share of project costs at up to 80%.

(Sec. 4006) Directs DOT to develop a process to identify and mitigate possible systemic issues across state and regional offices by reviewing recommendations identified in triennial state management reviews of state highway safety programs.

(Sec. 4007) Prohibits DOT from providing grants or funds to any state, county, town, township, Indian tribe, municipality, or other local government for use in any program to check helmet usage or create checkpoints for a motorcycle driver or passenger.

(Sec. 4008) Directs DOT to study marijuana-impaired driving.

(Sec. 4009) Directs the NTHSA to identify and carry out additional actions it should undertake to assist state efforts to increase public awareness of the dangers of drug-impaired driving, including the dangers of driving while under the influence of heroin or prescription opioids.

(Sec. 4010) Directs DOT to make available to the public on the DOT website information on states awarded national priority safety program grants.

(Sec. 4011) Amends SAFETEA-LU regarding grants to states for costs of collecting and evaluating traffic stop data based on race of motor vehicle driver and any passenger.

Repeals authority to use grant funds to develop and implement programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers.

Directs DOT to set-aside $7.5 million of highway safety research and development funds for each of FY2017-FY2020 to carry out this grant program.

Authorizes reallocation of such amounts remaining available before the end of the fiscal year to increase the amounts made available to carry out other highway safety research and development activities.

(Sec. 4012) Directs DOT to report to Congress on NTHSA progress toward reviewing and implementing recommendations made in a GAO report on the National Roadside Survey of alcohol and drug use by drivers.

(Sec. 4013) Directs NHTSA to report on any barriers to collecting data on the prevalence of the use of wireless communications devices while driving.

TITLE V--MOTOR CARRIER SAFETY

Subtitle A--Motor Carrier Safety Grant Consolidation

(Sec. 5101) Revises requirements for the motor carrier safety assistance grant program.

Directs DOT to publish approved state multiple-year motor carrier safety improvement plans, and annual updates, on the DOT public website.

Authorizes DOT, in lieu of withdrawing approval of noncompliant state plans, to withhold from such states, for the fiscal year, graduated percentages of grant program funds.

Directs DOT to administer a financial assistance program for discretionary grants to and cooperative agreements with states, local governments, federally-recognized Indian tribes, and other persons to carry out high priority motor carrier safety activities and projects.

Requires DOT to establish a program of discretionary grants to states for the innovative technology deployment of commercial motor vehicle information systems and networks.

Revises requirements for reimbursement of a state, from a related grant, for 80% of the costs of developing and implementing programs to improve commercial motor vehicle safety and enforce commercial motor vehicle regulations, standards, or orders. Replaces this program with commercial motor vehicle operators grants to programs to train individuals in the safe operation of commercial motor vehicles.

Authorizes appropriations from the Highway Trust Fund (HTF) (other than the Mass Transit Account) for FY2017-FY2020 for FMCSA Financial Assistance Programs, including:

  • the motor carrier safety assistance grant program,
  • the high priority activities program,
  • the commercial motor vehicle operators grant program, and
  • the commercial driver's license program implementation grant program (established in this title).

Repeals specified commercial motor vehicle safety programs.

(Sec. 5102) Renames the performance and registration information program as the performance and registration information systems management program.

(Sec. 5103) Reauthorizes appropriations from HTF (other than the Mass Transit Account) for FY2016-FY2020 for FMCSA administrative expenses.

Authorizes DOT to conduct an outreach and education program administered by the FMCSA.

(Sec. 5104) Revises the program of financial assistance grants to states to implement the commercial driver's license program.

Repeals the authorization for grants in a fiscal year to state agencies, local governments, or persons to cover 100% of the costs of priority research, development or testing, demonstration projects, public education, or other special activities relating to commercial driver's licensing and motor vehicle safety.

(Sec. 5105) Reauthorizes appropriations from the HTF (other than the Mass Transit Account) for FY2016 for the motor carrier safety assistance grant program.

Amends SAFETEA-LU to reauthorize through FY2016 appropriations from the HTF (other than the Mass Transit Account) for FMCSA programs, including:

  • the commercial driver's license program improvement grants program,
  • border enforcement grants,
  • the performance and registration information systems management grant program,
  • the commercial vehicle information systems and networks deployment program (also known as the innovative technology deployment program), and
  • safety data improvement grants.

Extends through FY2016 the set-aside of certain funds for:

  • high priority activities and projects to improve commercial motor vehicle safety and compliance with federal commercial motor vehicle safety regulations; and
  • new entrant motor carrier audit grants.

Reauthorizes through FY2016 appropriations from the HTF (other than the Mass Transit Account) for the commercial motor vehicle operators grant program.

(Sec. 5106) Directs DOT to establish a motor carrier safety assistance program formula working group to analyze requirements and factors for a new motor carrier safety assistance program allocation formula based on specified factors.

Prescribes requirements for program funding before development of a new allocation formula.

(Sec. 5107) Directs DOT, if a new allocation formula has not been established for the pertinent fiscal year, to calculate for FY2017 and ensuing fiscal years the maintenance of effort baseline for funding the lead state agency responsible for administering the motor carrier safety assistance plan.

Allows DOT, at state request, beginning when a new allocation formula for the program is established, to waive or modify the baseline maintenance of effort required of the state if a waiver or modification:

  • is equitable due to reasonable circumstances,
  • will ensure the continuation of commercial motor vehicle enforcement activities in the state, and
  • is necessary to ensure that the total amount of state maintenance of effort and matching expenditures required does not exceed a specified sum.

Subtitle B--Federal Motor Carrier Safety Administration Reform

Part I--Regulatory Reform

(Sec. 5201) Revises requirements for a notice to DOT of cancellation of liability insurance for motor carriers, brokers, or freight forwarders. Grants DOT authority to suspend, as an alternative to revoking, the registration of the motor carrier, broker, or freight forwarder because of the lapse and subsequent cancellation of liability insurance.

(Sec. 5202) Prescribes requirements for public participation, particularly participation by segments of the motor carrier industry, in FMCSA rulemaking as well as for an impact analysis of every proposed or final rule.

(Sec. 5303) Requires each FMCSA guidance document to:

  • contain certain information, including point of contact information; and
  • be published on the DOT website.

Directs the FMCSA, at least once every five years, to review its guidance documents to determine whether they are consistent and clear, uniformly and consistently enforced, and still necessary.

Defines "guidance document" to mean a FMCSA document that:

  • presents an interpretation of a FMCSA regulation, or
  • includes a FMCSA enforcement policy.

(Sec. 5204) Directs the FMCSA to publish on the DOT website a summary of all submitted petitions for regulatory action, and respond to petitions within 180 days of publication.

(Sec. 5205) Directs the FMCSA to revise federal safety fitness regulations for motor carriers to incorporate by reference the certification standards for roadside inspectors issued by the Commercial Vehicle Safety Alliance.

(Sec. 5206) Authorizes DOT to grant an exemption from commercial motor vehicle safety regulations for up to five years, with renewals for an additional five years.

Authorizes DOT also to make permanent certain exemptions for:

  • perishable construction products,
  • transport of commercial bee hives, and
  • safe transport of livestock.

Part II--Compliance, Safety, Accountability Reform

(Sec. 5221) Directs the FMCSA to commission the National Research Council of the National Academies to study the the Compliance, Safety, Accountability (CSA) program and the Safety Measurement System (SMS).

Requires the Council, in conducting this study, to analyze:

  • the accuracy with which the Behavior Analysis and Safety Improvement Categories (BASIC) identify high risk carriers and predict future crash risk or other safety indicators for motor carriers and the highest risk carriers; and
  • existing data collection gaps or data sufficiency problems and their impact on the efficacy of the CSA program.

Directs the FMCSA, after submission of a report identifying any deficiency or opportunity for improvement in the CSA program or SMS, to submit a corrective action plan to Congress that identifies how the FMCSA will address those deficiencies or opportunities.

(Sec. 5222) Directs the FMCSA to develop a process for identifying and reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for use by motor carriers to receive recognition, credit, or an improved SMS percentile.

(Sec. 5223) Declares that no information regarding analysis of violations, not-at-fault commercial motor vehicle crashes, alerts, or the relative percentile for each BASIC developed through the CSA program may be made available to the general public until the DOT Inspector General certifies that, among other things, any deficiencies identified in the report containing the results of the correlation study required by this subtitle have been addressed and the corrective action plan has been implemented.

(Sec. 5224) Directs the FMCSA to develop functional specifications to ensure the consistent and accurate input of data into systems and databases relating to the CSA program.

(Sec. 5225) Directs the FMCSA, not later than one year after making the certification required under this subtitle, to task the Motor Carrier Safety Advisory Committee with reviewing the treatment of preventable crashes under the SMS. Requires the Committee to make recommendations to DOT on a process to allow motor carriers and drivers to request the FMCSA to make a determination regarding the preventability of a crash.

Subtitle C--Commercial Motor Vehicle Safety

(Sec. 5301) Directs DOT to revise certain federal regulations prohibiting obstructions to a driver's field of view to exempt from those prohibitions the voluntary mounting on a windshield of vehicle safety technology likely to achieve a level of safety equivalent to or greater than what would be achieved without the exemption.

(Sec. 5302) Directs the FMCSA to prioritize the completion of each outstanding statutory rulemaking before beginning any other rulemaking unless there is a significant need for the other rulemaking and Congress is notified.

(Sec. 5303) Directs GAO to report to Congress on the cost and feasibility of establishing a self-reporting system for commercial motor vehicle drivers or motor carriers regarding en route equipment failures.

(Sec. 5304) Directs DOT to assess the effectiveness of the new operator safety review program and publish the results, including any recommendations, on DOT's website.

(Sec. 5305) Requires DOT to ensure that a review is completed on each motor carrier that demonstrates through performance data for four consecutive months that it poses the highest safety risk.

(Sec. 5306) Directs DOT to convene a working group of state representatives or state law enforcement officials, as well as representatives of industry, labor, safety advocates, and other interested individuals, to review the data elements of post-accident reports for tow-away accidents involving commercial motor vehicles that are reported to the federal government.

(Sec. 5307) Directs DOT to report to Congress regarding each commercial motor vehicle safety rulemaking:

  • with a statutory deadline, an explanation of why the deadline was not met as well as the expected date of completion, and
  • without a statutory deadline, an expected date of completion.

Subtitle D--Commercial Motor Vehicle Drivers

(Sec. 5401) Directs DOT to modify federal minimum standards for safety fitness of commercial motor vehicle operators to:

  • exempt former armed forces or reserve members over age 21 from part or all of a driving test if they had prior armed forces or reserve experience driving vehicles similar to a commercial motor vehicle,
  • allow members to apply for an exemption during the one-year period after the member separated from service, and
  • credit the training and knowledge received by members driving vehicles similar to commercial vehicles during their service for purposes of satisfying minimum standards for training and knowledge for the safe operation of commercial motor vehicles.

(Sec. 5402) Revises the requirement that motor carriers conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for controlled substances or alcohol.

Allows motor carriers to use hair testing as an acceptable alternative to mandatory urinalysis for detecting use of controlled substances by an operator, but only for preemployment testing and random testing (and the latter only if the motor carrier tested the operator at preemployment using the same method).

Requires DOT to permit an exemption from hair testing for operators with established religious beliefs that prohibit the cutting or removal of hair.

Requires DOT to develop requirements for laboratories and testing procedures for controlled substances that include mandatory guidelines that establish, among other things, laboratory protocols and cut-off levels for hair testing to detect the use of such a substance.

Directs the Department of Health and Human Services to issue scientific and technical guidelines for hair testing as a method for detecting the use of controlled substances.

(Sec. 5403) Authorizes a qualified Department of Veterans Affairs physician to perform a medical examination and provide a medical certificate to comply with medical standards and guidelines for the physical qualifications of operators of commercial motor vehicles.

Directs DOT to develop a process for including qualified physicians on the National Registry of Medical Examiners.

(Sec. 5404) Directs DOT to establish a commercial driver pilot program to study the feasibility, benefits, and safety impacts of allowing a covered driver to operate a commercial motor vehicles.

Defines "covered driver" to mean an individual:

  • between 18 and 21,
  • who is a member of the armed forces or reserves, and
  • qualified in a Military Occupational Specialty to operate a commercial motor vehicle or similar vehicle.

Directs DOT to collect and analyze data relating to accidents involving drivers participating in the pilot program.

Prohibits drivers from:

  • transporting passengers or hazardous cargo, or
  • operating a vehicle in special configuration.

Directs DOT to establish a working group to evaluate the pilot program.

Subtitle E--General Provisions

(Sec. 5501) Directs the DOT Inspector General to report to Congress on the average length of time that commercial motor vehicle operators are delayed before the loading and unloading of vehicles and at other points in the pick-up and delivery process.

(Sec. 5502) Directs the DOT to establish a working group to determine best practices for expeditious state approval of special permits for emergency response and recovery vehicles that exceed federal and state truck length or width limits to operate safely on designated emergency routes.

(Sec. 5503) Directs DOT to establish a working group to develop recommendations on how best to convey to consumers information on federal laws about the interstate transportation of household goods by motor carrier.

(Sec. 5504) Directs GAO to conduct an analysis of FMCSA's information technology and data collection and management systems.

(Sec. 5505) Directs DOT to report to Congress on DOT actions to process motor carrier registration applications within 30 days after receipt.

(Sec. 5506) Directs the FMCSA to report to Congress on skills testing delays for commercial driver's license applicants.

(Sec. 5507) Revises electronic logging device requirements.

Permits a motor carrier to require its drivers to comply with federal hours of service requirements by using either a paper record of duty status form or an electronic logging device when transporting a motor home or recreation vehicle trailer in a driveaway-towaway operation (in which an empty or unladen motor vehicle with one or more sets of wheels is being transported between specified business facilities).

(Sec. 5509) Directs DOT to take certain actions before initiating a rulemaking to change the minimum levels of financial responsibility for motor carriers of property and motor carriers of passengers.

(Sec. 5510) Directs DOT to study the safety operations, fire suppression capability, tire loads, and pavement impacts of operating a double-decker motorcoach with rear-attached passenger luggage rack.

(Sec. 5511) Directs GAO to submit to Congress a review of school bus safety.

(Sec. 5512) Authorizes the FMCSA to request the chief driver licensing official of a state to provide driver record information on an individual from the National Driver Register in connection with an FMCSA safety investigation.

(Sec. 5513) Directs DOT to report to Congress regarding the design, development, testing, and implementation of wireless roadside inspection systems.

(Sec. 5514) Waives federal preemption to allow states to regulate tow truck operations performed without the prior consent or authorization of the owner or operator of the towed motor vehicle.

(Currently, states are allowed to regulate only the price of for-hire motor vehicle transportation by a tow truck if the transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.)

(Sec. 5515) Directs the FMCSA to study the safety effects of motor carrier operator commutes exceeding 150 minutes.

(Sec. 5516) Requires South Dakota to be given the opportunity to update designated routes on the federal-aid primary system highways, as long as the update shifts routes to divided highways or does not increase centerline miles more than 5%, and is expected to increase safety performance.

(Sec. 5517) Directs DOT to publish on its website a report on federal minimum financial responsibility requirements for motor carriers transporting property.

(Sec. 5518) Revises requirements exempting certain farm vehicles from federal commercial motor vehicle safety requirements.

(Sec. 5519) Declares that the maximum hours of service for a commercial motor vehicle driver of an internal rail flaw detection vehicle equipped with flange hi-rails (hi-rail vehicle) shall not include time in transportation to or from a duty assignment provided it:

  • does not exceed 2 hours per day or a total of 30 hours per month, and
  • is fully accounted for in the motor carrier records and are made available upon request of the FMCSA or the Federal Railroad Administration (FRA).

(Sec. 5520) Revises federal vehicle length limitations for trucks.

Declares that an automobile transporter shall not be prohibited from transporting cargo or general freight on a backhaul (the return trip of a vehicle transporting cargo or general freight, especially when carrying goods back over all or part of the same route), so long as it complies with federal weight limitations for truck tractors and semitrailer combinations operating on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways and qualifying federal-aid primary system highways.

Prohibits states from prescribing or enforcing a regulation that imposes a vehicle length limitation of less than 80 feet on a stinger-steered automobile transporter with a front overhang of less than 4 feet and a rear overhang of less than 6 feet.

(Sec. 5521) Declares that certain commercial motor vehicle safety reporting and recordkeeping requirements shall not apply to drivers of ready mixed concrete delivery vehicles provided certain requirements are met.

(Sec. 5522) Amends the Motor Carrier Safety Improvement Act of 1999 to exempt from federal maximum driving and on-duty time requirements drivers of trucks transporting construction materials and equipment to or from an active construction site within a 75 (currently, 50) air mile radius of the driver's normal work reporting location.

Authorizes a state, upon notice to DOT, to establish a different air mile radius limitation if the limitation is between 50 and 75 air miles and driver movements are taken place entirely within the state.

(Sec. 5523) Revises federal vehicle length limitations to prohibit states from prescribing or enforcing a regulation that imposes an overall length limitation of less than 82 feet on a towaway trailer transporter combination operating on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways and qualifying federal-aid primary system highways.

Defines "trailer transporter towing unit" as a power unit not used to carry property when operating in a towaway trailer transporter combination.

Defines "towaway trailer transporter combination" as a combination of vehicles consisting of a trailer transporter towing unit and two trailers or semitrailers:

  • with a total weight not exceeding 26,000 pounds; and
  • which carry no property and constitute inventory property of a manufacturer, distributor or dealer of such trailers or semitrailers.

(Sec. 5524) Prescribes requirements to exempt certain welding trucks used in the pipeline industry from specified federal commercial motor vehicle requirements for motor carrier registration, driver qualifications, commercial motor carrier safety, maintenance and repair, and maximum driving hours and on duty time.

(Sec. 5525) Directs DOT to report to Congress on the safety and enforcement impacts of specified sections of this Act.

TITLE VI--INNOVATION

Transportation for Tomorrow Act of 2015

(Sec. 6002) Authorizes appropriations out of the HTF (other than the Mass Transit Account) for FY2016-FY2020 for:

  • the highway research and development program,
  • the technology and innovation deployment program,
  • training and education,
  • the intelligent transportation systems (ITS) program,
  • the university transportation centers program,
  • the Bureau of Transportation Statistics (BTS), and
  • FHWA administration.

(Sec. 6003) Directs DOT to obligate specified funds for FY2016-FY2020 for the accelerated implementation and deployment of pavement technologies program.

Directs DOT to report annually on the cost and benefits from deployment of new technology and innovations that result from the program.

(Sec. 6004) Directs DOT to establish an advanced transportation and congestion management technologies deployment initiative to award grants to a state or local government, transit agency, metropolitan planning organization representing a population over 200,000, or other state or local government subdivisions or a multijurisdictional group or consortia of research institutional or academic institutions.

(Sec. 6005) Revises certain ITS purposes, goals, and reporting requirements.

(Sec. 6010) Prescribes requirements for development of ITS infrastructure.

(Sec. 6011) Establishes the position of Assistant Secretary of Transportation for Research and Technology.

(Sec. 6012) Repeals the authorization and mandate for a Research and Innovative Technology Administration.

(Sec. 6013) Directs DOT to maintain an online course curriculum to train public sector emergency response and preparedness teams in hazardous material (hazmat) transportation.

(Sec. 6014) Authorizes DOT, as part of the hazardous material technical assessment, research and development, and analysis program, to carry out cooperative research on hazmat transport.

(Sec. 6015) Eliminates the Office of Intermodalism of the Research and Innovative Technology Administration [Office of the Assistant Secretary for Research and Technology of DOT].

(Sec. 6016) Revises requirements for the university transportation centers program.

(Sec. 6017) Declares that the BTS shall not be required to obtain the approval of any other officer or employee of:

  • DOT with respect to the collection or analysis of any information, or
  • the U.S. government, before publication, with respect to the substance of any statistical technical reports or press releases lawfully prepared by the BTS.

Grants the BTS a significant role in the disposition and allocation of its authorized budget, including:

  • all hiring, grants, cooperative agreements, and contracts awarded by the BTS; and
  • the disposition and allocation of amounts paid to the BTS for cost-reimbursable projects.

(Sec. 6018) Directs the BTS to establish a port performance statistics program to provide nationally consistent measures of performance of at least the nation's top 25 ports by tonnage, its top 25 ports by 20-foot equivalent unit, and its top 25 ports by dry bulk.

Directs the BTS to collect monthly port performance measures for each specified U.S. port that receives federal assistance or is subject to federal regulation to report annually to the BTS on statistics on capacity and throughput.

(Sec. 6019) Requires the head of each DOT modal administration and joint program office to submit an annual modal research plan for approval to the DOT Assistant Secretary for Research and Technology (Assistant Secretary).

Prohibits DOT from expending funds on research determined by the Assistant Secretary to be duplicative unless:

  • the research is required by an Act of Congress,
  • it was part of a contract funded before enactment of this Act,
  • it updates previously commissioned research, or
  • the Assistant Secretary certifies to Congress that it is necessary.

Directs DOT shall publish annually, on a public website, a comprehensive database of all DOT research projects, including research funded through University Transportation Centers.

Requires DOT to develop a five-year transportation research and development (R&D) strategic plan.

(Sec. 6020) Directs DOT to establish a program to award grants to states to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain the long-term solvency of the HTF.

(Sec. 6021) Directs DOT to enter into an agreement with the Transportation Research Board of the National Academies to study actions needed to upgrade and restore the Dwight D. 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 21st century.

(Sec. 6022) Authorizes DOT to study the impact of pavement durability and sustainability on vehicle fuel consumption, vehicle wear and tear, road conditions, and road repairs.

(Sec. 6023) Authorizes DOT to convene a transportation technology policy interagency working group.

(Sec. 6024) Authorizes DOT to solicit the support of other federal research agencies and national laboratories to assist in the pursuit and resolution of identified research challenges.

(Sec. 6025) Directs GAO to assess the status of autonomous transportation technology policy developed by U.S. public entities.

(Sec. 6026) Authorizes DOT to conduct research on the reduction of traffic congestion.

(Sec. 6027) Authorizes DOT to study digital technologies and information technologies, including shared mobility, data, transportation network companies, and on-demand transportation services to develop best practices for use of such information and technology in the planning of smart cities.

(Sec. 6028) Directs the FHWA to develop data sets and analysis tools to assist MPOs, states, and the FHWA in carrying out performance management analyses of federal-aid highways.

TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

Hazardous Materials Transportation Safety Improvement Act of 2015

Subtitle A--Authorizations

(Sec. 7101) Reauthorizes DOT hazmat transportation safety projects for FY2016-FY2020.

Authorizes DOT to make certain expenditures, including an amount for hazmat training grants, from the Hazardous Materials Emergency Preparedness Fund.

Directs DOT to withhold a specified amount of funds for each fiscal year for competitive community safety grants.

Subtitle B--Hazardous Material Safety and Improvement

(Sec. 7201) Revises requirements for safe hazmat transportation.

Authorizes DOT to waive compliance with federal hazmat transportation safety standards, without prior notice and comment, if DOT determines that:

  • it is in the public interest and not inconsistent with the safety of transporting hazmat, and
  • is necessary for the safe movement of hazmat into, from, and within an area declared a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

(Sec. 7202) Prohibits DOT from denying a non-temporary safety permit to a motor carrier transporting hazmat based on a comprehensive review of the carrier triggered by safety management system scores or out-of-service disqualification standards, unless:

  • the carrier has the opportunity, before the denial, to submit a corrective action plan; and
  • the plan is insufficient to address safety concerns in the course of the review.

(Sec. 7203) Revises requirements for DOT planning and training grants to states and Indian tribes to:

  • carry out hazmat emergency plans, and
  • train public sector employees to respond to hazmat accidents and incidents.

(Sec. 7204) Requires DOT to:

  • publish, and make public on DOT's website, notice of the filing of an application for a new special permit (under current law, application for a special permit) or a modification to an existing special permit authorizing a variance from federal regulations for the transportation of hazmat, and
  • give the public an opportunity to inspect the safety analysis and comment on the application for 15 days.

Decreases from 180 days to 120 days (after the first day of the month following the filing of an application) the deadline by which DOT must issue, renew, or deny a special permit.

Directs DOT periodically, but at least every 120 days, to:

  • publish notice of the final disposition of each application for a new special permit, modification to an existing special permit, or approval during the preceding quarter; and
  • make publicly available on the DOT website notice of the final disposition of any other special permit during the preceding quarter.

(Sec. 7205) Directs DOT to make available biennially on the DOT website (instead of to specified congressional committees) a comprehensive report on hazmat transportation for the preceding two calendar years.

(Sec. 7206) Directs DOT to withdraw a certain proposed rule described in the notice of proposed rulemaking issued on January 27, 2011, entitled "Safety Requirements for External Product Piping (wetlines) on Cargo Tanks Transporting Flammable Liquids."

Declares that nothing in this requirement shall prohibit DOT from issuing standards or regulations regarding the safety of wetlines on cargo tanks transporting flammable liquids after the withdrawal is carried out.

(Sec. 7207) Directs GAO to study the standards, metrics, and protocols that DOT uses to regulate the performance of persons ("third-party labs") approved to recommend hazard classifications for the transportation of new explosives.

(Sec. 7208) Directs DOT to allow states, at their discretion, to waive the requirement for a holder of a Class A commercial driver's license to obtain a hazmat endorsement, as long as certain requirements are met.

Subtitle C--Safe Transportation of Flammable Liquids by Rail

(Sec. 7301) Directs DOT to establish a competitive program for the award of community safety grants to nonprofit organizations for:

  • national outreach and training programs to assist communities in preparing for and responding to accidents and incidents involving the transportation of hazardous materials, including Class 3 flammable liquids by rail; and
  • training state and local personnel responsible for enforcing the safe transportation of hazmat, including Class 3 flammable liquids by rail.

(Sec. 7302) Directs DOT to issue regulations requiring Class I railroads transporting hazmat to:

  • generate accurate, real-time, and electronic train consist information, including emergency response information;
  • grant each applicable fusion center secure access to such information;
  • require each such fusion center to supply that information to state and local first responders, emergency response officials, and law enforcement personnel involved in the response to or investigation of an accident, incident, or public health or safety emergency involving the rail transportation;
  • require each Class I railroad to give advanced notification and information on high-hazard flammable trains to each state emergency response commission; and
  • prescribe requirements for further transmission of such information to specified first responders, officials, and personnel.

(Sec. 7303) Directs GAO to study whether weaknesses exist in the emergency response information carried by train crews transporting hazmat.

(Sec. 7304) Requires the phase-out by specified deadlines of all DOT-111 specification (non-pressurized) railroad tank cars transporting Class 3 flammable liquids not retrofitted to meet DOT-117, DOT-117P, or DOT-117R design specifications established by the May 2015 final rule for the safe transportation of flammable liquids by rail.

(Sec. 7305) Directs DOT to issue regulations to require each tank car built to meet the DOT-117 specification and each non-jacketed tank car modified to meet the DOT-117R specification to be equipped with an insulating blanket with at least one-half inch thick DOT-approved material.

(Sec. 7306) Requires top fittings for DOT-117R tank cars, with specified exceptions, to be located inside a protective housing not less than one-half inch in thickness and constructed of material having a tensile strength not less than 65 kilopound per square inch and meeting certain other specifications.

(Sec. 7307) Directs DOT to notify Congress on the status of a certain rulemaking on oil spill response plans.

(Sec. 7308) Directs DOT to implement a reporting requirement to monitor industry-wide progress toward modifying rail tank cars transporting Class 3 flammable liquids by specified deadlines.

(Sec. 7309) Directs the Department of Energy, in cooperation with DOT, and within 180 days after completion of the comprehensive Crude Oil Characteristics Research Sampling, Analysis, and Experiment Plan study at Sandia National Laboratories, to report to Congress on it and its recommendations.

(Sec. 7310) Directs DOT to initiate a study on the levels and structure of insurance for railroad carriers transporting hazmat.

(Sec. 7311) Directs the GAO to evaluate independently any electronically controlled pneumatic (ECP) brake systems, pilot program data, and DOT research and analysis on the costs, benefits, and effects of such systems.

Directs DOT to enter into an agreement with the National Academy of Sciences to complete testing of ECP brake systems during emergency braking application, including more than 1 scenario involving the uncoupling of a train with 70 or more DOT-117 specification or DOT-117R specification tank cars.

Defines "ECP brake system" as a train power braking system actuated by compressed air and controlled by electronic signals from the locomotive or an Depancreatizing device to the cars in the consist for service and emergency applications in which the brake pipe is used to provide a constant supply of compressed air to the reservoirs on each car but does not convey braking signals to the car.

Requires DOT to incorporate evaluation results fully and update the regulatory impact analysis of the final rule issued on May 8, 2015, entitled "Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains," especially the costs, benefits, and effects of the applicable ECP brake system requirements.

TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

(Sec. 8001) Directs DOT to develop, update every five years, and publish on its website a national freight strategic plan.

Revises requirements for the National Multimodal Freight Network, freight investment plans and transportation investment data and planning tools.

TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

(Sec. 9001) Directs DOT to establish:

  • a National Surface Transportation and Innovative Finance Bureau to promote innovative financing best practices and provide assistance from infrastructure finance programs, the railroad rehabilitation and improvement financing program, and allocations for qualified highway or surface freight transfer facilities; and
  • a Council on Credit and Finance to review and make recommendations on applications for such assistance.

TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

(Sec. 10001) Amends the Dingell-Johnson Sport Fish Restoration Act to reauthorize through FY2021 appropriations from the Sport Fish Restoration and Boating Trust Fund for various fish, boating, and coastal wetlands restoration programs. Revises also amounts allocated from the Fund to various programs, including amounts for programs concerning: (1) coastal wetlands, (2) boating safety, and (3) boating infrastructure.

(Sec. 10002) Sets aside a separate amount each fiscal year through FY2021 for the Coast Guard's administration of the national recreational boating safety program.

TITLE XI--RAIL

Passenger Rail Reform and Investment Act of 2015

Subtitle A--Authorizations

(Sec. 11001) Authorizes appropriations to DOT for FY2016-FY2020 for the National Railroad Passenger Corporation (Amtrak) for:

  • the Northeast Corridor Improvement Fund account,
  • the National Network account,
  • consolidated rail infrastructure and safety improvements grants,
  • federal-state partnership for state of good repair grants,
  • restoration and enhancement grants, and
  • the Office of the Inspector General.

Requires set-asides of specified funds for FY2016-FY2017 to:

  • convene the Gulf Coast rail service working group, and
  • implement the small business participation study.

Authorizes DOT to withhold a specified amount for each fiscal year for:

  • the State-Supported Route Committee, and
  • the Northeast Corridor Commission.

Subtitle B--Amtrak Reforms

(Sec. 11201) Directs DOT to establish an account structure and improvements to accounting methodologies to support the Northeast Corridor and National Network accounts.

(Sec. 11202) Directs Amtrak to establish internal controls to ensure its costs and revenues are allocated to either the Northeast Corridor or the National Network.

Directs DOT to establish substantive and procedural requirements for Northeast Corridor and National Network investment capital grant requests.

(Sec. 11203) Requires Amtrak to submit to Congress and DOT final 5-year business line plans and 5-year capital asset plans.

(Sec. 11204) Directs DOT to establish the State-Supported Route Committee to promote mutual cooperation and planning pertaining to the rail operations of Amtrak and related activities of trains operated by Amtrak on state-supported routes.

(Sec. 11205) Revises requirements for, and increases from 9 to 10 the number of, members of Amtrak's Board of Directors.

(Sec. 11206) Amends the Passenger Rail Investment and Improvement Act of 2008 to revise requirements with respect to methodologies for Amtrak route and service planning decisions an independent entity must develop and recommend for Amtrak to use in the planning of intercity rail passenger transportation routes and services.

(Sec 11207) Directs Amtrak to develop a plan to eliminate the operating loss for food and beverage service on board its trains.

Bars the use of federal funds, beginning five years after enactment of this Act, to cover any such loss on a route operated either by Amtrak or a rail carrier that operates a route in lieu of Amtrak.

(Sec. 11208) Requires Amtrak, before entering into contracts exceeding $100 million to procure rolling stock and locomotives, to submit to DOT and Congress a business case analysis on the utility of such procurements.

(Sec. 11209) Directs Amtrak to establish a pilot program for a state or states that sponsor a state-supported route operated by Amtrak to facilitate:

  • onboard purchase and sale of local food and beverage products, and
  • partnerships with local entities to hold promotional events on trains or in stations.

(Sec. 11210) Directs Amtrak to:

  • develop a pilot program to allow passengers to transport domesticated cats or dogs on certain Amtrak trains, and
  • collect fees for each cat or dog (except service animals) transported by a ticketed passenger.

Bars the use of federal funds to implement this program.

(Sec. 11211) Directs Amtrak to request proposals from qualified persons or entities to utilize right-of-way and real estate owned by Amtrak for telecommunications systems, energy distribution systems, and other appropriate activities. Authorizes Amtrak to enter into an agreement to implement any such proposal or proposals.

(Sec. 11212) Requires Amtrak to report to Congress on options to enhance economic development and accessibility of and around Amtrak stations and terminals.

Directs Amtrak to request proposals from qualified persons, including small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses, to lead, participate, or partner with Amtrak, a station owner, and other entities in enhancing economic development in and around such stations and terminals using these options.

(Sec. 11213) Directs the Amtrak Inspector General to:

  • evaluate Amtrak's boarding procedures for passengers, including those using or transporting nonmotorized transportation, such as bicycles, at its 15 stations through which the most people pass; and
  • make certain comparisons and recommendations to improve such procedures.

(Sec. 11214) Amends the Passenger Rail Investment and Improvement Act of 2008 to extend indefinitely specified authority to restructure long-term Amtrak debt and capital leases. Limits any such restructuring to the extent provided in advance in appropriations Acts.

Prohibits Amtrak from incurring more debt after the enactment of this Act without the express advance approval of DOT (as under current law), unless that debt receives credit assistance (including direct loans and loan guarantees) under the Railroad Revitalization and Regulatory Act of 1976.

(Sec. 11215) Prescribes requirements for elimination of duplicative Amtrak reporting requirements.

Subtitle C--Intercity Passenger Rail Policy

(Sec. 11301) Authorizes DOT to make grants to a state (or group of states), an Interstate Compact, a public agency, a state political subdivision, Amtrak or other rail carrier providing intercity rail passenger transportation, a Class I or Class II railroad, or other specified entities to assist in financing the cost of rail projects to improve the safety, efficiency, or reliability of passenger and freight rail transportation systems.

Authorizes DOT to establish performance measures for grant recipients to assess progress in achieving certain strategic goals and objectives.

Makes at least 25% of appropriations for such grants available for projects in rural areas.

Requires DOT to allocate an appropriate portion for grants to states:

  • for freight rail capital projects in cases where there is no intercity passenger rail service, or
  • where the rail transportation system is not physically connected to rail systems in the continental United States or may not qualify for a grant for transportation-related capital projects.

(Sec. 11302) Directs DOT to develop a federal-state partnership program for issuing competitive grants to a state (or group of states), an Interstate Compact, a public agency, a state political subdivision, or Amtrak for capital projects to replace, rehabilitate, or repair major infrastructure assets for providing intercity passenger rail service.

(Sec. 11303) Directs DOT to develop a program for issuing three-year competitive operating assistance grants to a state (or group of states), an Interstate Compact, a public agency, a state political subdivision, Amtrak, or a rail carrier to initiate, restore, or enhance intercity rail passenger service.

(Sec. 11304) Directs DOT to convene a working group to evaluate the restoration of intercity rail passenger service in the Gulf Coast region between New Orleans, Louisiana, and Orlando, Florida.

(Sec. 11305) Revises the purpose of the Northeast Corridor Commission to require it to promote mutual cooperation and planning pertaining to rail infrastructure investments of the Northeast Corridor.

Revises membership composition of the Commission to include individuals from the Office of the Secretary of Transportation and the Federal Transit Administration.

Requires the Commission to update periodically its statement of goals concerning the future of Northeast Corridor rail infrastructure and operations and to submit it to Congress, along with with annual performance reports and recommendations for improvements for commuter, intercity, and freight rail transportation along the Corridor, as well as a Northeast Corridor capital investment plan.

(Sec. 11306) Directs the Commission to develop:

  • a capital investment plan for the Northeast Corridor main line between Boston, Massachusetts, and the Virginia Avenue interlocking in the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York; and
  • a Northeast Corridor service development plan, updated at least once every 10 years.

Requires Amtrak and each state and public transportation entity that owns infrastructure providing intercity rail passenger transportation on the Northeast Corridor to develop an asset management system and develop, and update as necessary, a Northeast Corridor asset management plan.

(Sec. 11307) Directs DOT to implement a pilot program for the competitive selection of a rail carrier or rail carriers owning infrastructure over which Amtrak operates a long-distance route, a state (or group of states), or state-supported joint powers authority or other sub-state governance entity providing intercity rail passenger transportation over such long-distance routes in lieu of Amtrak to operate three long-distance routes.

(Sec. 11308) Requires DOT to:

  • issue a request for proposals meeting certain performance standards for the financing and construction of a high-speed passenger rail system within specified high-speed rail corridors, and
  • establish a commission for each corridor with one or more proposals that satisfy specified requirements to review and report on the proposals.

Requires DOT then to select any proposal that provides substantial benefits to the public and the national transportation system, is cost-effective, offers significant advantages over existing services, and meets other relevant factors.

(Sec. 11309) Prescribes requirements for the award of large capital project grants in excess of $1 billion.

(Sec. 11310) Directs DOT to study the availability and use of small businesses owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses in publicly funded intercity rail passenger transportation projects.

(Sec. 11311) Directs DOT to study:

  • the shared use of right-of-way by passenger and freight rail systems; and
  • the operational, institutional, and legal structures that would best support improvements to both systems.

(Sec. 11312) Directs the Commission to study the feasibility of and options for permitting through-ticketing between Amtrak service and commuter rail services on the Northeast Corridor.

Directs DOT, in cooperation with the Commission, Amtrak, and commuter rail transportation authorities on the Northeast Corridor, to study the potential benefits of joint procurement by Amtrak and those authorities of common materials, assets, and equipment when spending federal funds.

(Sec. 11313) Directs DOT to conduct a data needs assessment to support development of an intercity passenger rail network.

(Sec. 11314) Grants the Amtrak Inspector General authority to investigate alleged activities meant to defraud the United States.

Directs the Inspector General to initiate an assessment of whether Amtrak's current expenditures or procurements use competitive, market-driven provisions to fulfill the Americans with Disabilities Act of 1990.

Subtitle D--Safety

(Sec. 11401) Directs the FRA to:

  • develop a model of a state-specific highway-rail grade crossing action plan meeting specified requirements,
  • distribute the plan to each state, and
  • promulgate a rule requiring each state and implement its own action plan.

(Sec. 11402) Directs DOT to:

  • determine whether limitations or weaknesses exist regarding the availability and usefulness for safety purposes of data on private highway-rail grade crossings, and
  • evaluate existing engineering practices on such grade crossings.

(Sec. 11403) Requires the GAO to evaluate the final rule issued on August 17, 2006, entitled "Use of Locomotive Horns at Highway-Rail Grade Crossings."

(Sec. 11404) Requires DOT, after certifying that each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation complies with positive train control (PTC) requirements, to study the possible effectiveness of PTC and related technologies on reducing collisions at highway-rail grade crossings.

(Sec. 11405) Amends the Rail Safety Improvement Act of 2008 to authorize a state or local government to request DOT for a public version of any bridge inspection report generated under a track owner's bridge safety management program for a bridge located in its jurisdiction.

(Sec. 11406) Directs each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation to survey its entire system and identify:

  • each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel; and
  • the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel.

Requires each railroad carrier, after completing the survey, to submit for DOT approval an action plan that:

  • identifies each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel as well as the maximum authorized operating speed for passenger trains at that location;
  • describes appropriate actions to enable warning and enforcement of the maximum authorized speed for passenger trains at each identified location;
  • contains milestones and target dates for implementing each appropriate action; and
  • ensures compliance with the maximum authorized speed at each identified location.

Authorizes DOT, however, to exempt from these requirements each segment of track for which operations are governed by a certified PTC system or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk.

(Sec. 11407) Directs DOT to promulgate a rule to require a working alerter in the controlling locomotive of each passenger train in intercity rail passenger transportation or commuter rail passenger transportation. Authorizes an alternative safety measure that would achieve an equivalent or greater level of safety in providing additional signal protection.

(Sec. 11408) Directs DOT to initiate a rulemaking to require that on-track safety regulations, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.

Requires DOT to consider exempting from any final requirements each segment of track for which operations are governed by a certified PTC system or any other safety technology or practice that would achieve an equivalent or greater level of safety in providing additional signal protection.

(Sec. 11409) Directs DOT to 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 is required for other commuter railroad lines.

Authorizes DOT, after this evaluation, to promulgate a rule for high density commuter railroad lines, considering the following regulatory requirements for such lines:

  • at least once every two weeks traverse each main line by vehicle or inspect it on foot, and
  • at least once each month traverse and inspect each siding by vehicle or by foot.

(Sec. 11410) Directs DOT, in cooperation with the NTSB and Amtrak, to conduct a post-accident assessment of the Amtrak Northeast Regional Train #188 crash on May 12, 2015, adhering to specified requirements.

(Sec. 11411) Directs DOT to promulgate regulations to require each railroad carrier that provides regularly scheduled intercity rail passenger or commuter rail passenger transportation to the public to install inward- and outward-facing image recording devices in all controlling locomotive cabs and cab car operating compartments in such passenger trains.

Prohibits the use of an in-cab audio or image recording obtained by a railroad carrier to retaliate against an employee.

(Sec. 11412) Revises authorities of and requirements for railroad police officers. Applies them to officers either directly employed by or contracted by a rail carrier.

Requires such a railroad police officer, who is certified or commissioned as a police officer under the laws of a state, who transfers primary employment or residence from the certifying or commissioning state to another state or jurisdiction to apply within one year after the transfer to be certified or commissioned as a police office under the laws of the state of new primary employment or residence.

Declares that a state may recognize as meeting its basic police officer certification or commissioning requirements for qualification as a rail police officer 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 state.

Requires DOT to revise certain regulations to permit a railroad to designate an individual, 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 property, personnel, passengers, and cargo, to serve in the states in which the railroad owns property.

(Sec. 11413) Authorizes DOT to receive and expend cash, or receive and utilize spare parts and similar items, from non-federal government sources to repair damages to or replace federal government-owned automated track inspection cars and equipment as a result of third-party liability for such damages. Requires any amounts collected to be credited directly to the FRS Railroad Safety and Operations account and remain available until expended for the repair, operation, and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.

Repair and replacement of damaged track inspection equipment.

(Sec. 11414) Requires DOT to report to Congress on FRA research into developing a system that measures vertical track deflection from a moving rail car, including the system's ability to identify poor track support from fouled ballast, deteriorated cross ties, or other conditions.

(Sec. 11415) Declares $295 million (adjusted for inflation) to be the maximum aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident involving Amtrak occurring on May 12, 2015.

Subtitle E--Project Delivery

Track, Railroad, and Infrastructure Network Act or the TRAIN Act

(Sec. 11502) Exempts improvements to, maintenance, rehabilitation, or operation of railroad or rail transit lines that are in use (including bridges or tunnels located on railroad or transit lines on which service has been discontinued or that have been railbanked or otherwise reserved for goods or passenger transportation), or were historically used for the transportation of goods or passengers, from federal policies and requirements for the preservation of public park and recreation lands, wildlife and waterfowl refuges, and historic sites. Allows such improvements, however, regarding stations or bridges or tunnels located on abandoned or unused lines.

(Sec. 11503) Directs DOT to:

  • apply specified project development procedures, to the greatest extent feasible, to any railroad project that requires DOT approval under NEPA, and
  • incorporate aspects of such procedures into agency regulations and procedures in a manner that increases the efficiency of the review of railroad projects.

Requires DOT also to survey FRA use of categorical exclusions in transportation projects since 2005 and publish in the Federal Register a review of the survey that describes:

  • the types of actions categorically excluded; and
  • any actions DOT is considering for new categorical exclusions, including those that would conform to those of other modal administrations.

Directs DOT to publish, one year after enactment of this Act, a notice of proposed rulemaking to propose new and existing categorical exclusions for railroad projects that require DOT approval under NEPA and develop a process for considering new categorical exclusions.

(Sec. 11504) Directs DOT to submit to the Advisory Council on Historic Preservation, one year after enactment of this Act, a proposed exemption, and 180 days later, a final exemption of railroad rights-of-way from review for their effect on historic property consistent with a specified exemption for interstate highways approved on March 10, 2005.

Subtitle F--Financing

Railroad Infrastructure Financing Improvement Act

(Sec. 11603) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct DOT to make direct loans and loan guarantees to joint ventures that include, instead of at least one railroad, at least one railroad, state or local government, interstate compact, or government sponsored authority or corporation (entity).

(Sec. 11604) Requires direct loans and loan guarantees for railroad rehabilitation to:

  • cover pre-construction costs;
  • reimburse planning and design expenses relating to specified activities; and
  • finance economic development during a specified four-year period, including commercial and residential development, and related infrastructure and activities, that incorporate private investment and meet certain other specifications.

Directs DOT to require a non-federal match of at least 25% for transit-oriented development projects.

(Sec. 11605) Divides into 30 days and 60 days the current 90 day deadline for approval or disapproval of a loan or loan guarantee application. Requires DOT to notify direct loan or loan guarantee applicants within 30 days if their applications are incomplete, and within another 60 days to approve or disapprove a resubmitted application.

Authorizes the collection of charges for certain costs additional to the evaluation of applications. Repeals the current formula cap on such a charge.

(Sec. 11606) Allows the term for repayment of a direct loan or loan guarantee to extend from a maximum of 35 years to a maximum of the lesser of:

  • 35 years after the date of substantial completion of the project; or
  • the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established.

Authorizes DOT to allow, for up to one year over the duration of the direct loan, an obligor to add unpaid principal and interest to the outstanding balance 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 a direct loan. Allows also prepayments without penalty.

Authorizes DOT, after notifying the obligor, also to sell to another entity or reoffer into the capital markets a direct loan for the project if the sale or reoffering has a high probability of being made on favorable terms. Prohibits any change to the original terms and conditions of the secured loan without the obligor's prior written consent.

Declares that a direct loan shall not be subordinated to the claims of any holder of project obligations in the event of the obligor's bankruptcy, insolvency, or liquidation. Permits waiver of this prohibition against subordination for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture for an A-rated direct loan that meets specified security and other criteria.

(Sec. 11607) Repeals authority for cohorts of loans.

Allows a direct loan or loan guarantee applicant to propose, and requires DOT to accept as a basis for determining the amount of a credit risk premium any of the following in addition to the value of any tangible asset:

  • the net present value of a future stream of state or local subsidy income or other dedicated revenues to secure the direct loan or loan guarantee;
  • adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source;
  • an investment-grade rating on the direct loan or loan guarantee (which must be from at least two rating agencies if the loan or guarantee exceeds $75 million); or
  • a rating on the direct loan or loan guarantee.

(Sec. 11608) Authorizes DOT to enter into a master credit agreement (to make one or more direct loans or loan guarantees at future dates for a program of related projects secured by a common security pledge) contingent upon prior satisfaction of specified conditions.

(Sec. 11609) Requires DOT, in granting direct loans and loan guarantees, among other priority projects to give priority to those for improving railroad stations and passenger facilities and increasing transit-oriented development.

(Sec. 11611) Directs the GAO to analyze how the Railroad Rehabilitation and Improvement Financing Program can be used to improve passenger rail infrastructure.

DIVISION B--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF 2015

TITLE XXIV[sic]--MOTOR VEHICLE SAFETY

SubtitleA--Vehicle Safety

(Sec. 24101) Reauthorizes through FY2020 the administration of DOT motor vehicle safety requirements and requirements for consumer information, bumper standards, odometers, automobile fuel economy, and theft prevention.

(Sec. 24102) Requires the DOT Inspector General to report periodically to specified congressional committees on whether and what progress has been made to implement the recommendations in the Office of Inspector General Audit Report issued June 18, 2015 (ST-2015-063).

Requires the NHTSA to brief these committees periodically on the actions it has taken to implement those recommendations, and submit a final report on implementation of all of the recommendations within one year after enactment of this Act.

(Sec. 24103) Directs DOT to meet specified requirements to implement current information technology, web design trends, and best practices that will help ensure that motor vehicle safety recall information available to the public on the federal website is readily accessible and easy to use.

Requires the GAO to study the current consumer, dealer, and manufacturer use of the safety recall information made available to the public, including the usability and content of the federal and manufacturers' websites and NHTSA efforts to publicize and educate consumers about safety recall information.

Amends MAP-21 to require DOT to:

  • update periodically the method of conveying recall information to consumers, dealers, and manufacturers, such as through public service announcements; and
  • make available to the public on the Internet detailed guidance for consumers submitting safety complaints.

(Sec. 24104) Directs DOT to prescribe a final rule revising the regulations for manufacturer's recall for a defect relating to motor vehicle safety or a noncompliance with a federal motor vehicle safety standard. Requires any recall to include notification by electronic means in addition to notification by first class mail.

(Sec. 24105) Directs DOT to implement a two-year pilot program of grants to states to evaluate the feasibility and effectiveness of a state process for informing consumers of open motor vehicle recalls at the time of motor vehicle registration in the state.

(Sec. 24106) Extends a manufacturer's recall obligations to filing of a petition in bankruptcy under chapter 7 (Liquidation).

(Sec. 24107) Prescribes owner or requester notification requirements for a dealer to meet in order to obtain reimbursement from a manufacturer fair reimbursement for providing a remedy without charge under the manufacturer's recall.

(Sec. 24108) Extends from 60 days to 180 days the time after receipt of a recall notice for a tire owner or purchaser to present a defective or noncomplying tire to the manufacturer to remedy the defect or noncompliance.

(Sec. 24109) Raechel and Jacqueline Houck Safe Rental Car Act of 2015

Authorizes a rental company that receives a notification (approved by the National Highway Traffic Safety Administration) from the manufacturer of a covered rental vehicle about any equipment defect, or noncompliance with federal motor vehicle safety standards, to rent or sell the vehicle or equipment only if the defect or noncompliance is remedied.

Specifies any rental vehicle: (1) rated at 10,000 pounds gross vehicle weight or less, (2) rented without a driver for an initial term of under 4 months, and (3) that is part of a motor vehicle fleet of 5 or more motor vehicles used for rental purposes by a rental company.

Prescribes a special rule to require rental companies to comply with specified limitations on sale, lease, or rental of a motor vehicle as soon as practicable, but within 24 hours after the earliest receipt of the manufacturer's notification of a defect or noncompliance with vehicle safety standards, whether by electronic means or first class mail. Extends the 24-hour deadline for complying with such limitations to 48 hours if the notification covers more than 5,000 motor vehicles in the rental company's fleet.

Permits a rental company to rent (but not sell or lease) a motor vehicle subject to recall if the defect or noncompliance remedy is not immediately available and the company takes any actions specified in the notice to alter the vehicle temporarily to eliminate the safety risk posed.

Makes these special rules for rental companies inapplicable to junk automobiles.

Prohibits a rental company from knowingly making inoperable any safety devices or elements of design installed on or in a compliant motor vehicle or vehicle equipment unless the company reasonably believes the vehicle or equipment will not be used when the devices or elements are inoperable.

Authorizes the Secretary, upon request, to inspect records of a rental company with respect to a safety investigation. Authorizes the Secretary to require a rental company to keep records or make reports for purposes of compliance with federal motor vehicle safety orders or regulations.

Authorizes the Secretary to study the effectiveness of the amendments made by this Act and of other activities of rental companies.

Amends the Moving Ahead for Progress in the 21st Century Act (MAP-21) to require the mandatory study of the safety of rental trucks during a specified seven-year period to evaluate the completion of safety recall remedies on rental trucks.

Directs the Secretary to solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers.

Declares that nothing in this Act shall: (1) be construed to create or increase any liability for a manufacturer who manufactures or imports a motor vehicle that is subject to defect or noncompliance recall requirements; or (2) supersede or otherwise affect the contractual obligations, if any, between such manufacturer and a rental company.

(Sec. 24110) Increases from $5,000 to $21,000 maximum civil penalties for certain violations of motor vehicle safety, and from $35 million to $105 million the maximum civil penalty for a series of violations.

(Sec. 24111) Authorizes a state, without DOT approval, to allow electronic odometer disclosures meeting certain requirements relating to the transfer of vehicles.

(Sec. 24112) Directs DOT (which currently is merely authorized) to promulgate rules requiring a senior official responsible for safety in any company submitting information to the Secretary in response to a request for information in a safety defect or compliance investigation to make specified certifications.

(Sec. 24113) Requires DOT to report on the feasibility of a technical system that would operate in each new motor vehicle to indicate when it is subject to an open manufacturer's recall.

(Sec. 24114) Changes from discretionary to mandatory the authority of DOT to initiate research into effective ways to minimize the risk of hyperthermia or hypothermia to children or other unattended passengers in rear seating positions.

(Sec. 24115) Directs DOT, within one year after enactment of this Act, to publish a proposed rule that:

  • updates standards pertaining to tire pressure monitoring systems to ensure that such a system installed in a new motor vehicle after the effective date of the updated standards cannot be overridden, reset, or recalibrated in such a way that the system will no longer detect when the inflation pressure in one or more of the vehicle's tires has fallen to or below a significantly underinflated pressure level; and
  • does not contain any provision that has the effect of prohibiting the availability of direct or indirect tire pressure monitoring systems that meet the requirements of the updated standards.

Requires DOT, within two years after enactment of this Act and with sufficient notice and comment opportunity, to issue a final rule based on the proposed rule that:

  • allows a manufacturer to install a tire pressure monitoring system that can be reset or recalibrated to accommodate the repositioning of tire sensor locations on vehicles with split inflation pressure recommendations, tire rotation, or replacement tires or wheels of a different size than the original equipment tires or wheels; and
  • ensures that a tire pressure monitoring system that is reset or recalibrated according to the manufacturer's instructions would illuminate the low tire pressure warning telltale when a tire is significantly underinflated until the tire is no longer significantly underinflated.

(Sec. 24116) Requires a manufacturer required to furnish a report for a defect or noncompliance in a motor vehicle or in an item of original or replacement equipment to include specified information on any specific component or components involved in the recall.

Subtitle B--Research And Development And Vehicle Electronics

Sec. 24201) Directs DOT to report to specified congressional committees on the operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies, especially its accomplishments, its role in integrating and aggregating electronic and emerging technologies expertise across the NHTSA, its role in coordinating with other federal agencies, and its priorities over the next five years.

(Sec. 24202) Directs DOT, in carrying out motor vehicle and highway safety research, development, and testing programs and activities, and in coordination with Department of State, to enter into cooperative agreements and collaborative research and development agreements with foreign governments.

Requires the DOT Inspector General to audit DOT management and oversight of cooperative agreements and collaborative research and development agreements, including any cooperative agreements with foreign governments.

Subtitle C--Miscellaneous Provisions

Part I--Driver Privacy Act of 2015

Driver Privacy Act of 2015

(Sec. 24302) Declares that any data in an event data recorder required to be installed in a passenger motor vehicle (as provided for under Department of Transportation [DOT] regulations concerning the collection, storage, and retrievability of onboard motor vehicle crash event data) is the property of the owner or lessee of the vehicle in which the recorder is installed, regardless of when the vehicle was manufactured.

Prohibits a person, other than the owner or lessee of the motor vehicle, from accessing data recorded or transmitted by such a recorder unless:

  • a court or other judicial or administrative authority authorizes the retrieval of such data subject to admissibility of evidence standards;
  • an owner or lessee consents to such retrieval for any purpose, including vehicle diagnosis, service, or repair;
  • the data is retrieved pursuant to certain authorized investigations or inspections of the National Transportation Safety Board (NTSB) or DOT;
  • the data is retrieved to determine the appropriate emergency medical response to a motor vehicle crash; or
  • the data is retrieved for traffic safety research, and the owner's or lessee's personally identifiable information and the vehicle identification number are not disclosed.

(Sec. 24303) Directs the National Highway Traffic Safety Administration, after completing a study and submitting a report to Congress, to promulgate regulations concerning the amount of time event data recorders installed in passenger motor vehicles may capture and record vehicle-related data to provide accident investigators with pertinent crash-related information.

Part II--Safety Through Informed Consumers Act Of 2015

Safety Through Informed Consumers Act of 2015

(Sec. 24322) Revises passenger motor vehicle information program requirements.

Directs DOT to promulgate a rule to ensure that passenger motor vehicle crash avoidance information is indicated next to crashworthiness information on stickers placed on motor vehicles by their manufacturers.

Part III--Tire Efficiency, Safety, and Registration Act of 2015

Tire Efficiency, Safety, and Registration Act of 2015 or the TESR Act

(Sec. 24332) Requires DOT to promulgate regulations for:

  • tire fuel efficiency minimum performance standards, and
  • tire wet traction minimum performance standards.

(Sec. 34433) Directs DOT to initiate a rulemaking to require independent distributors or dealers of tires to maintain records containing certain information on sales of tires.

(Sec. 34434) Directs DOT to examine the feasibility of requiring all tire manufacturers that must maintain purchaser records and procedures to:

  • include electronic identification on every tire that reflects all of the information currently required in the tire identification number, and
  • ensure that the same type and format of electronic information technology is used on all tires.

(Sec. 34435) Directs DOT to establish a publicly available electronic tire recall database.

Part IV--Alternative Fuel Vehicles

(Sec. 24341) Directs the EPA to revise certain regulations for calculating average fuel economy and average carbon-related exhaust emissions for natural gas dual fuel model type vehicles to accelerate the mandatory application of a combined model type fuel economy determined according to a specified formula starting model years after 2016 instead of starting model years after 2019.

Part V--Motor Vehicle Safety Whistleblower Act

Motor Vehicle Safety Whistleblower Act

(Sec. 24352) Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily give DOT information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury.

Authorizes DOT to pay awards to one or more whistleblowers in an aggregate amount of up to between 10% and 30% of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million.

Denies an award to any whistleblower who:

  • is convicted of a criminal violation related to such administrative or judicial action;
  • contributes to the alleged violation of a requirement under this Act;
  • submits to DOT information based on facts previously submitted by another whistleblower;
  • fails to provide original information to DOT in the appropriate form; or
  • fails to report or attempt to report the information internally through an internal reporting mechanism to the motor vehicle manufacturer, parts supplier, or dealership, unless the whistleblower reasonably believed it would have resulted in retaliation or was already known by the manufacturer, part supplier, or dealership, or unless DOT has good cause to waive this requirement.

Prohibits also an award to any whistleblower who knowingly and intentionally makes false representations. Subjects such a whistleblower to criminal penalties.

Requires nondisclosure of a whistleblower's identity, except in specified circumstances.

Authorizes a whistleblower to appeal DOT determinations in the appropriate U.S. court of appeals.

Subtitle D--Additional Motor Vehicle Provisions

(Sec. 24401) The NHTSA shall publish annually on its website, and file with specified congressional committees, an annual plan for the next year detailing its projected activities, including:

  • its policy priorities,
  • any rulemakings projected to be commenced,
  • any plans to develop guidelines,
  • any plans to restructure NHTSA or to establish or alter working groups,
  • any planned NHTSA projects or initiatives, including its working groups and advisory committees, and
  • any projected dates or timetables associated with any of these items.

(Sec. 24402) Declares that the requirement that a remedy be provided without charge for a defect or noncompliance does not apply if the motor vehicle or replacement equipment was bought by the first purchaser more than 15 (currently, more than 10) calendar years before the notice of a defect or noncompliance is given.

(Sec. 24403) DOT shall issue a final rule requiring each manufacturer of motor vehicles or motor vehicle equipment to retain all motor vehicle safety records, as required by specified federal regulations, for a period of at least 10 calendar years from the date on which they were generated or acquired by the manufacturer. Applies such a rule, however, only to any record in the manufacturer's possession on the rule's effective date.

(Sec. 24404) Declares that certain prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment shall not apply to the introduction of a motor vehicle in interstate commerce solely for purposes of testing or evaluation by a manufacturer that agrees not to sell or offer it for sale at the conclusion of the testing or evaluation, and that before the enactment of this declaration:

  • has manufactured and distributed motor vehicles into the United States that are certified to comply with all applicable federal motor vehicle safety standards;
  • has submitted to DOT appropriate manufacturer identification information meeting specified criteria; and
  • if applicable, has identified an agent for service of process.

(Sec. 24405) Directs DOT to exempt from Federal Motor Vehicle Safety Standards applicable to motor vehicles (but not those pertaining to motor vehicle equipment) up to 325 replica motor vehicles per year manufactured or imported by a registered low-volume manufacturer (other than an importer) whose annual worldwide production, including by the manufacturer's parent or subsidiary, is not more than 5,000 motor vehicles.

Defines "replica motor vehicle" as one produced by a low-volume manufacturer and that:

  • is intended to resemble the body of another motor vehicle manufactured at least 25 years earlier; and
  • is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights.

Amends the Clean Air Act to exempt form vehicle emission standards, and allow the installation of, a motor vehicle engine (including all engine emission controls) in an exempted specially produced motor vehicle if the motor vehicle engine meets certain requirements and is from a motor vehicle covered by:

  • a certificate of conformity issued by the EPA for the model year in which the exempted specially produced motor vehicle is produced, or
  • an executive order subject to regulations promulgated by the California Air Resources Board for the model year in which the exempted specially produced motor vehicle is produced.

(Sec. 24406) Declares that no DOT motor vehicle safety guidelines shall confer any rights on any person, state, or locality, nor operate to bind DOT or any person to the approach recommended in such guidelines.

Requires DOT, in any enforcement action regarding motor vehicle safety, to allege a violation of a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation.

Prohibits DOT from basing an enforcement action on, or executing a consent order based on, practices alleged to be inconsistent with any such guidelines, unless the practices allegedly violate this subtitle, a motor vehicle safety standard issued under it, or another relevant statute or regulation.

(Sec. 24407) Directs DOT to revise the NHTSA crash investigation data collection system to include the collection of the following data in connection with vehicle crashes whenever a child restraint system was in use in a vehicle involved in a crash:

  • the type or types of child restraint systems in use during the crash in any vehicle involved in the crash, including whether a five-point harness or belt-positioning booster; and
  • if a five-point harness child restraint system was in use during the crash, whether the child restraint system was forward-facing or rear-facing in the vehicle concerned.
DIVISION C--FINANCE

TITLE XXXI[sic]--HIGHWAY TRUST FUND AND RELATED TAXES

Subtitle A--Extension of Trust Fund Expenditure Authority and Related Taxes

(Sec. 31101) Amends the Internal Revenue Code to extend through September 30, 2020, authority for expenditures from, and transfers to: (1) the Highway Trust Fund Highway and Mass Transit Accounts, (2) the Sport Fish Restoration and Boating Trust Fund, and (3) the Leaking Underground Storage Tank Trust Fund.

(Sec. 31102) Extends through September 30, 2022: (1) excise taxes on fuel used by certain buses, certain alcohol fuels, gasoline (other than aviation gasoline) and diesel fuel or kerosene, certain heavy trucks and trailers, and tires, and (2) the Leaking Underground Storage Tank Trust Fund financing rate.

Extends: (1) the tax on the use of certain heavy motor vehicles, (2) the period for claiming floor tax refunds, (3) exemptions from tax of certain sales of petroleum products and use of highway motor vehicles by states and localities, and (4) the authority for transfers of taxes to the Highway Trust Fund and transfers from such Fund of motorboat and small-engine fuel taxes.

Subtitle B--Additional Transfers to Highway Trust Fund

(Sec. 31201) Authorizes additional transfers of funds to the Highway and Mass Transit Accounts in the Highway Trust Fund.

(Sec. 31202) Authorizes the transfer of motor vehicle safety penalties to the Highway Trust Fund.

(Sec. 31203) Authorizes the transfer of amounts in the Leaking Underground Storage Tank Trust Fund to the Highway Account in the Highway Trust Fund.

TITLE XXXII: OFFSETS

Subtitle A--Tax Provisions

(Sec. 32101) Amends the Internal Revenue Code to require the Department of the Treasury, upon receiving certification by the Internal Revenue Service (IRS) that any individual has a seriously delinquent tax debt in excess of $50,000, to transmit the certification and disclose certain tax return information to the Department of State for action with respect to denial, revocation, or limitation of a passport for the individual. Prohibits State, upon receiving such certification, from issuing a passport to such an individual except in emergency circumstances or for humanitarian reasons. Requires State to revoke a passport previously issued to the individual; but to allows permitting a limited passport for return travel to the United States.

Authorizes State to deny a passport application or revoke a passport if the application does not include the applicant's Social Security number, or includes an incorrect or invalid number willfully, intentionally, negligently, or recklessly provided by the applicant.

(Sec. 32102) Directs the IRS to: (1) enter into qualified tax collection contracts to collect outstanding inactive tax receivables; (2) establish a program to hire, train, and employ special compliance personnel to collect taxes using the automated collection system; and (3) report to specified congressional committees on qualified tax collection contracts and the hiring and training of special compliance personnel.

(Sec. 32104) Amends the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 to repeal the requirement that Treasury modify appropriate regulations to set maximum extension for the tax returns of employee benefit plans filing Form 5500 at an automatic three-and-a-half-month period ending on November 15 for calendar year plans.

Subtitle B--Fees and Receipts

(Sec. 32201) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require Treasury to make an annual adjustment for inflation to fees for certain custom services.

Makes collected fees available for reimbursement of customs services and inspections costs, but only to the extent provided in appropriations Acts.

(Sec. 32202) Amends the Federal Reserve Act to limit the amount of surplus funds of federal reserve banks to $10 billion. Requires transfer of any amounts of surplus funds exceeding this limit to the Board of Governors of the Federal Reserve System (Federal Reserve Board) for transfer to the Department of the Treasury for deposit in the general fund of the Treasury.

(Sec. 32203) Prescribes a formula for determining the annual dividend of stockholders of federal reserve banks whose total consolidated assets exceed $10 billion. Requires the dividend to be the smaller of:

  • the current 6% of paid-in capital stock, or
  • the rate equal to the high yield of the 10-year Treasury note auctioned at the last auction held before payment of the dividend.

Reserves the current 6% dividend for a stockholder with total consolidated assets of $10 billion or less.

Requires the Federal Reserve Board to adjust the dollar amounts of total consolidated assets annually for inflation to reflect the change in the Gross Domestic Product Price Index.

(Sec. 32204) Directs DOE to draw down and sell from the Strategic Petroleum Reserve (SPR) the quantity of barrels of crude oil appropriate to maximize the financial return to United States taxpayers for each of FY2016-FY2017.

Specifies the numbers of barrels of crude oil to be drawn down from the SPR during FY2023-FY2025, ranging from 16 million (FY2023) to 25 million barrels (FY2025).

Prohibits DOE from drawing down and selling crude oil in quantities that would limit DOE authority to sell petroleum products in the full quantity authorized for prevention or reduction of the adverse impact of severe domestic energy supply interruptions.

Authorizes DOE to increase the drawdown and sales of crude oil during each of these fiscal years as appropriate to maximize the financial return to United States taxpayers.

Prohibits any drawdown or sales after a total of $6.2 billion has been deposited in the Treasury general fund from sales authorized under this section.

(Sec. 32205) Amends the Bipartisan Budget Act of 2015 to repeal, as of the date of enactment of that Act, its amendment to the Federal Crop Insurance Act requiring the Department of Agriculture (USDA) to renegotiate the Standard Reinsurance Agreement by December 31, 2016, and at least once every five years thereafter.

(The Standard Reinsurance Agreement is an agreement between the USDA and the private companies that administer the federal crop insurance program. It specifies details such as administrative and operating expense reimbursements and risk sharing between the USDA and the companies in the operation of the program. The repealed amendment establishes an 8.9% cap on the overall rate of return for insurance providers under the agreement, which is a decrease from the current negotiated rate of approximately 14.5%.)

Subtitle C--Outlays

(Sec. 32301) Amends the Federal Oil and Gas Royalty Management Act of 1982 to eliminate the payment of interest on overpayments under leases of oil and gas on federal lands.

Subtitle D--Budgetary Effects

(Sec. 32401) Prohibits the budgetary effects of this Act from being entered on either PAYGO scorecard maintained pursuant to the Statutory Pay-As-You-Go Act of 2010.

DIVISION D--MISCELLANEOUS

TITLE XLI[sic]--FEDERAL PERMITTING IMPROVEMENT

Revises the process for federal approval of major infrastructure projects by establishing best practices, requiring coordination of federal agency review of projects, and shortening the period for challenges to final decisions for issuing project permits.

(Sec. 41001) Sets forth definitions of terms used in this title, including the definition of "covered project" as 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 production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, or any other sector as determined by a majority vote of the Federal Infrastructure Permitting Improvement Steering Council established by this Act and that:

  • is subject to the National Environmental Policy Act of 1969 (NEPA);
  • is likely to require a total investment of more than $200 million;
  • does not qualify for abbreviated authorization or environmental review processes under any applicable law; or
  • involves a project the size and complexity of which make it likely to benefit from enhanced oversight and coordination, including a project likely to require authorization from, or environmental review involving, more than two agencies or the preparation of an environmental impact statement under NEPA.

Excludes from coverage by this title: (1) highway or transportation projects, and (2) water resources development projects subject to environmental review.

(Sec. 41002) Establishes the Federal Permitting Improvement Steering Council, to be chaired by an Executive Director appointed by the President.

Requires the Executive Director to:

  • establish an inventory of covered projects that are pending environmental review or authorization by the head of any federal agency;
  • categorize the projects in the inventory based on sector and project type;
  • for each category, identify the types of environmental reviews and authorizations most commonly involved;
  • add a covered project to the inventory after receiving a notice of the initiation of a proposed covered project by a project sponsor; and
  • designate a facilitating agency for each category of covered projects and publish a list of such agencies.

Requires the Council to issue recommendations on an annual basis on best practices relating to the permitting process, including best practices for enhancing early stakeholder engagement, coordination between federal and non-federal governmental entities, information collection, transparency, and training.

Requires the chief environmental review and permitting officer of each agency to: (1) act as an advisor to his or her agency's council members on matters related to environmental review and authorizations; (2) provide technical support; (3) analyze agency environmental review and authorization processes, policies, and authorities; and (4) review and develop training programs for agency staff.

Requires the Office of Management and Budget to designate a federal agency to provide support for projects that are not covered projects and administrative support and staff for the Executive Director.

(Sec. 41003) Allows for the initiation of a covered project by a project sponsor after notice to the Executive Director and the facilitating agency (the agency receiving notice from the project sponsor).

Requires the Executive Director to maintain an online database known as the Permitting Dashboard to track the status of federal environmental reviews and authorizations for covered projects and shall make a specific entry for a project on the Dashboard.

Requires a facilitating or lead agency to establish a Coordinated Project Plan for coordinating public and agency participation in, and completion of, any required federal environmental review and authorization for a covered project. Requires the Plan to include a permitting timetable that sets deadlines for action on any federal environmental review or authorization required for a project. Requires the Executive Director to mediate any disputes relating to the permitting timetables.

Directs the facilitating or lead agencies to provide an expeditious process for project sponsors to consult with each cooperating and participating agency.

(Sec. 41004) This section grants the consent of Congress for three or more contiguous states to enter into an interstate compact establishing regional infrastructure development agencies to facilitate authorization and review of covered projects.

(Sec. 41005) This section requires agencies to complete environmental reviews required under NEPA for covered projects in a timely, coordinated, and environmentally responsible manner.

(Sec. 41006) This section directs federal agencies with statutory authority to authorize a state to issue or administer a permit program to initiate a national process to determine whether best practices developed by the Council are generally applicable to state permitting processes.

(Sec. 41007) Limits the period for challenges to an authorization of a covered project to no more than two years after the date of publication in the Federal Register of the final decision, unless a shorter period is specified in federal law.

(Sec. 41008) Directs the Executive Director to report annually to Congress over a 10-year period on progress under this Act during the previous fiscal year. Requires the report to assess the performance of each participating agency and lead agency. Directs the GAO also to report to Congress on agency progress in making improvements consistent with best practices and agency compliance with performance schedules.

(Sec. 41009) Authorizes specified agencies, after public notice and opportunity for comment, to issue regulations establishing a fee structure for reimbursing the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects. Requires the deposit of such fees into an Environmental Review Improvement Fund for use by the Executive Director solely to administer, implement, and enforce this Act. Requires the regulations to ensure that the use of fees will not impact impartial decision-making with respect to environmental reviews or authorizations.

(Sec. 41010) Applies this Act to any covered project for which: (1) a notice of initiation is filed, or (2) an application or other request for a federal authorization is pending before a federal agency 90 days after enactment of this Act.

(Sec. 41011) Requires the GAO to report to congressional committees whether the provisions of this title could be adapted to streamline the federal permitting process for smaller projects that are not covered projects.

(Sec. 41012) States that nothing in this title amends NEPA.

(Sec. 41013) Requires the termination of this title seven years after its enactment.

TITLE XLII--ADDITIONAL PROVISIONS

(Sec. 42001) Directs the GAO to study and report on payments made to vendors of kerosene used in noncommercial aviation.

TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES

(Sec. 43001) Amends the Surface Mining Control and Reclamation Act of 1977 to require increased and accelerated payments to certified states and Indian tribes to carry out abandoned mine reclamation projects.

DIVISION E--EXPORT-IMPORT BANK OF THE UNITED STATES

Export-Import Bank Reform and Reauthorization Act of 2015

TITLE LI[sic]--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

(Sec. 51001) Amends the Export-Import Bank Act of 1945 to set at $135 billion, for each of FY2015-FY2019, the authorized aggregate amount of loans, guarantees, and insurance the Export-Import Bank may have outstanding at any time.

Declares that, if the rate at which borrowing entities are in default on a payment obligation (default rate) is 2% or more for a quarter, the Bank may not exceed the amount of loans, guarantees, and insurance outstanding on the last day of that quarter until the default rate becomes less than 2%.

(Sec. 51002) Directs the Bank to build to and hold in reserve, to protect against future losses, at least 5% of its aggregate amount of disbursed and outstanding loans, guarantees, and insurance.

(Sec. 51003) Amends the Export-Import Bank Reauthorization Act of 2012 (EIBRA) to require the Government Accountability Office's quadrennial review of the adequacy of the design and effectiveness of the Bank's fraud controls to include review of the Bank's compliance with these controls.

(Sec. 51004) Establishes an Office of Ethics within the Bank to recommend administrative actions to establish or enforce standards of official conduct.

(Sec. 51005) Establishes a Chief Risk Officer of the Bank to oversee all issues relating to risk within the Bank.

(Sec. 51006) Establishes also a Risk Management Committee to:

  • oversee periodic stress testing on the entire Bank portfolio and the monitoring of industry, geographic, and obligor exposure levels; and
  • review all required reports on the Bank's default rate.

(Sec. 51007) Directs the Bank's Inspector General to conduct an audit or evaluation of the Bank's portfolio risk management procedures, including its implementation of the duties assigned to the Chief Risk Officer.

(Sec. 51008) Authorizes the Bank to establish a pilot program for reinsurance under which it may enter into contracts and other arrangements to share risks associated with its provision of guarantees, insurance, or credit, or participation in the extension of credit.

Declares that the aggregate amount of liability the Bank may transfer through risk-sharing under a contract or other arrangement may not exceed $1 billion, nor a total of $10 billion during a fiscal year.

TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS

(Sec. 52001) Directs the Bank to:

  • increase from 20% to 25% of its lending authority the amount made available to finance direct exports by small business concerns, and
  • include in its annual report to Congress a report on its programs for U.S. businesses with less than $250 million in annual sales.

TITLE LIII--MODERNIZATION OF OPERATIONS

(Sec. 53001) Requires the Bank to implement policies to accept electronic payments and transaction documents.

(Sec. 53002) Extends through FY2019 the Bank's authority to use a portion of its surplus to update its information technology systems.

TITLE LIV--GENERAL PROVISIONS

(Sec. 54001) Reauthorizes through FY2019 the Bank, the Sub-Saharan Africa Advisory Committee, and authority for dual use exports (of nonlethal defense articles or services primarily for civilian use).

(Sec. 54002) Limits to $25 million the principal amounts of medium-term financing by the Bank.

Increases from a minimum of $10 million to a minimum of $25 million the amounts of:

  • long-term loans or loan guarantees the Bank shall seek to ensure that U.S. insurance companies have a fair and open competitive opportunity to insure in connection with any transaction for which the loan or guarantee is provided,
  • working capital export loans and guarantees to small businesses, and
  • long-term support for projects to which certain procedures apply regarding the potential beneficial and adverse environmental effects of goods and services for which direct lending and guarantee support is requested.

Declares that, if the long-term support for projects subject to environmental effects consideration is less than $25 million, the minimum threshold shall be the one established pursuant to international agreements, including the Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence, as adopted by the Organisation for Economic Co-operation and Development Council on June 28, 2012, and the risk-management framework ("Equator Principles") adopted by financial institutions for determining, assessing, and managing environmental and social risk in projects.

TITLE LV--OTHER MATTERS

(Sec. 55001) Prohibits the Bank from:

  • denying an application for financing based solely on the industry, sector, or business that the application concerns; or
  • promulgating or implementing policies that discriminate against an application based solely on the industry, sector, or business that the application concerns.

Applies these prohibitions only to applications for Bank financing for projects concerning the exploration, development, production, or export of energy sources and the generation or transmission of electrical power, or combined heat and power, regardless of the energy source involved.

(Sec. 55002) Amends the EIBRA to require the President instead of the Department of the Treasury to initiate and pursue negotiations to end export credit financing.

Directs the President to propose to Congress a strategy to pursue with other major exporting countries, including Organisation for Economic Co-operation and Development (OECD) members and non-OECD members, to eliminate over a 10-year period subsidized export-financing programs, tied aid, export credits, and all other forms of government-supported export subsidies.

(Sec. 55003) Directs the Bank to study the extent to which products it offers are available and used by companies that export information and communications technology services and related goods.

DIVISION F--ENERGY SECURITY

(Sec. 61001) Directs the Department of Energy (DOE) to adopt procedures to:

  • improve communication and coordination between DOE's energy response team, federal partners, and industry;
  • leverage the Energy Information Administration's subject matter expertise within DOE's energy response team to improve supply chain situation assessments;
  • establish company liaisons and direct communication with DOE's energy response team to improve situation assessments;
  • streamline and enhance processes for obtaining temporary regulatory relief to speed up emergency response and recovery;
  • facilitate and increase engagement among states, the oil and natural gas industry, and DOE in developing state and local energy assurance plans;
  • establish routine education and training programs for key government emergency response positions with DOE and states; and
  • involve states and the oil and natural gas industry in comprehensive drill and exercise programs.

Includes among these activities collaborative efforts with state and local government officials and the private sector.

(Sec. 61002) Amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to ensure that any emergency order that may result in conflict with federal, state, or local environmental law or regulations:

  • requires generation, delivery, interchange, or transmission of electricity only during hours necessary to meet the emergency and serve the public interest;
  • be consistent with applicable environmental law; and
  • minimizes any adverse environmental impacts to the maximum extent practical.

Declares that any necessary action or omission in such an emergency that does not comply with federal, state, or local environmental law or regulation shall not be considered a violation of it, or subject the party involved to any related requirement, civil or criminal liability, or a citizen suit.

Requires such emergency orders to expire within 90 days. Authorizes FERC to renew or reissue an order for subsequent periods of no more than 90 days each as necessary to meet the emergency and serve the public interest.

Authorizes a municipality engaged in the transmission or sale of electricity, and not otherwise subject to FERC jurisdiction, to make temporary connections during an emergency with public utilities that are subject to FERC jurisdiction, and construct necessary or appropriate temporary electricity transmission facilities, without becoming subject to FERC jurisdiction by reason of that temporary connection or construction.

(Sec. 61003) Amends the Federal Power Act to authorize DOE, with or without notice, hearing, or report, to issue orders for emergency measures to protect or restore the reliability of either critical electric infrastructure or defense critical electric infrastructure whenever the President issues a written directive or determination identifying an imminent grid security emergency. Requires the President to notify specified congressional committees promptly upon issuing such a directive.

Defines "critical electric infrastructure" to mean a system or asset of the bulk-power system, whether physical or virtual, whose incapacity or destruction would negatively affect national security, economic security, public health or safety, or any combination of such matters.

Defines "defense critical electric infrastructure" to mean any electric infrastructure located in the United States (including the territories) that serves a DOE-designated facility, but is not owned or operated by the facility owner or operator.

Requires DOE to designate any such facilities that are: (1) critical to the defense of the United States, and (2) vulnerable to a disruption of the supply of electric energy provided by an external provider.

Requires DOE, before issuing an order for emergency measures, to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action, to consult with governmental authorities in Canada and Mexico, certain entities, the Electricity Sub-sector Coordinating Council, and other appropriate federal agencies regarding implementation of the emergency measures.

Prescribes: (1) implementation procedures (including expiration and reissuance of emergency orders); and (2) related cost recovery measures affecting owners, operators, or users of the bulk-power system.

Directs DOE, to the extent practicable and consistent with obligations to protect classified information, to provide temporary access to classified information relating to a grid security emergency to key personnel of relevant entities in order to optimize communications between them and federal agencies.

Exempts critical electric infrastructure information from mandatory disclosure under the Freedom of Information Act.

Directs FERC to: (1) designate critical electric infrastructure information, and (2) prescribe regulations and orders prohibiting its unauthorized disclosure but also authorizing appropriate voluntary sharing with federal, state, local, and tribal authorities.

Authorizes DOE also to designate critical electric infrastructure information.

States that critical electric infrastructure information may not be designated as such, however, for longer than five years, and any designation shall be subject to judicial review.

Declares that no cause of action shall lie or be maintained in any federal or state court for sharing or receiving information in accordance with this Act.

Makes DOE the lead Sector-Specific Agency for cybersecurity for the energy sector to:

  • coordinate with the Department of Homeland Security (DHS) and other relevant federal departments and agencies;
  • collaborate with critical electric infrastructure owners and operators as well as independent regulatory agencies and state, local, tribal, and territorial entities;
  • serve as a day-to-day federal interface for the dynamic prioritization and coordination of sector-specific activities;
  • carry out incident management responsibilities;
  • provide, support, or facilitate technical assistance and consultations for the energy sector to identify vulnerabilities and help mitigate incidents; and
  • give DHS annually sector-specific critical electric infrastructure information to support its reporting requirements.

(Sec. 61004) Directs DOE, acting through the Office of Electricity Delivery and Energy Reliability, to submit to Congress a plan to establish a Strategic Transformer Reserve for the storage, in strategically located facilities, of spare large power transformers and emergency mobile substations in sufficient numbers to temporarily replace critically damaged large power transformers and substations that are critical electric infrastructure or serve defense and military installations to mitigate significant impacts to the electric grid resulting from physical attack, cyber attack, electromagnetic pulse attack, geomagnetic disturbances, severe weather, or seismic events.

(Sec. 61005) Directs DOE also to develop and report to specified congressional committees, after public notice and comment, recommended U.S. energy security valuation methods.

Requires the report to:

  • evaluate and define U.S. energy security to reflect modern domestic and global energy markets and the collective needs of the United States and its allies and partners;
  • identify procedures and criteria to ensure that energy-related actions that significantly affect the supply, distribution, or use of energy are evaluated with respect to their potential impact on energy security, consumers and the economy, energy supply diversity and resiliency, well-functioning and competitive energy markets, the U.S. trade balance, and national security objectives; and
  • recommend an implementation strategy meeting specified requirements.

DIVISION G--FINANCIAL SERVICES

TITLE LXXI[sic]--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES

(Sec. 71001) Amends the Securities Act of 1933 to reduce from 21 to 15 the number of days before a "road show" that an emerging growth company (EGC), before its initial public offering (IPO) date, may publicly file a draft registration statement for confidential nonpublic review by the Securities and Exchange Commission (SEC).

(A financial "road show" is an offer [other than a statutory prospectus or a portion of one] that contains a presentation regarding an offering by one or more members of the issuer's management and includes discussion of one or more of the issuer, such management, and the securities being offered. Typically, a road show is a series of meetings across different cities, often before an IPO, in which top executives from a company have the opportunity to talk with current or potential investors.)

(Sec. 71002) Prescribes a grace period during which an issuer that was an EGC at the time it filed a confidential registration statement (or, in lieu of that, a publicly filed registration statement) for SEC review, but ceases to be an EGC, shall continue to be treated as an emerging market growth company for one year or, if earlier, until consummation of its IPO.

(Sec. 71003) Amends the Jumpstart Our Business Startups Act to direct the SEC to prescribe conditions under which a registration statement filed (or submitted for confidential review) by an issuer before its IPO may omit financial disclosure information for historical periods otherwise required.

TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION

(Sec. 72001) Directs the SEC to issue regulations permitting issuers to submit a summary page on annual and transition report form 10-K if each item on that page cross-references electronically or otherwise the material contained in form 10-K to which the item relates.

(Sec. 72002) Directs the SEC to revise regulation S-K (Standard Instructions for Filing Forms under the Securities Act of 1933, the Securities Exchange Act of 1934 and the Energy Policy and Conservation Act of 1975) in order to:

  • reduce the burden on smaller issuers, including emerging growth companies, accelerated filers, and smaller reporting companies (while still providing all material information to investors); and
  • eliminate duplicative, overlapping, outdated, or unnecessary provisions.

(Sec. 72003) Requires the SEC to study ways to: (1) modernize and simplify requirements in regulation S-K, and (2) evaluate information delivery and presentation methods as well as explore methods to discourage repetition and disclosure of immaterial information.

Directs the SEC also to issue a proposed rule to implement any recommendations it makes to Congress based upon the study.

TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND COST SAVINGS

(Sec. 73001) Repeals: (1) the authority of the Secretary of the Treasury to change the design of certain gold bullion coins, and (2) requirements for the protective covering for certain bullion coins.

Repeals the copper content requirements for quarter dollar coins, and requires the silver content to be at least 90%.

Makes technical revisions to the requirements for palladium bullion investment coins.

(Sec. 73002) Requires proof and uncirculated versions of American Eagle silver coins issued during calendar year 2016 to have a smooth edge incused with a designation that notes the 30th anniversary of the first issue of such coins.

TITLE LXXIV--SBIC ADVISERS RELIEF

(Sec. 74001) Amends the Investment Advisers Act of 1940 to exempt specified advisers of small business investment companies (SBICs) from certain: (1) SEC registration requirements with respect to the provision of investment advice relating to venture capital funds, and (2) SEC registration and reporting requirements with respect to assets under management of private funds.

(Sec. 74003) Extends the same exemption to specified SBIC advisers with respect to any state or local law requiring the registration, licensing, or qualifications of investment advisers.

TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION

(Sec. 75001) Amends the Gramm-Leach-Bliley Act to exempt from its annual privacy policy notice requirement any financial institution which: (1) provides nonpublic personal information only in accordance with specified requirements, and (2) has not changed its policies and practices with regard to disclosing nonpublic personal information from those disclosed in the most recent disclosure sent to consumers.

TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES

(Sec.76001) Amends the Securities Act of 1933 to exempt from security registration requirements, and related prohibitions against using interstate commerce and the mails for the sale or delivery of securities after sale, any transaction where:

  • each purchaser is an accredited investor;
  • neither the seller, nor any person acting on the seller's behalf, offers or sells securities by general solicitation or advertising;
  • the seller and prospective purchaser obtain from an issuer meeting certain criteria reasonably current specified information;
  • the transaction is not for the sale of a security whose seller is neither an issuer nor a subsidiary of the issuer;
  • neither the seller, nor any person receiving remuneration for participating in the offer or sale of the securities, is subject to certain legal disqualification (bad actor);
  • the issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not a blank check, blind pool, or shell company with no specific business plan or purpose or has indicated that the issuer's primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person;
  • the transaction does not involve a security that constitutes the whole or part of an unsold allotment to, or a subscription or participation by, a broker or dealer as an underwriter of the security or a redistribution; and
  • the transaction does involve a security of a class authorized and outstanding for at least 90 days before the transaction.

Deems any securities acquired in such exempt transactions to: (1) have been acquired in a transaction not involving any public offering, (2) not be a distribution involving an underwriter, and (2) be restricted securities not subject to certain transaction requirements.

Exempts all transactions under this Act from state regulation of securities offerings.

TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY

(Sec. 77001) Amends the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (LIHPRHA) with respect to a plan of action the Department of Housing and Urban Development (HUD) may approve for extension of the low-income affordability restrictions on any eligible low-income housing.

Entitles the owner of a property subject to a plan of action or use agreement to distribute:

  • annually all surplus cash generated by the property, but only if the owner is in material compliance with the use agreement, including compliance with prevailing physical condition standards established by HUD; and
  • any funds accumulated in a residual receipts account, notwithstanding any conflicting provision in the use agreement, but only if the individual is in material compliance with the use agreement and has completed, or set aside sufficient funds to complete, any capital repairs identified by the most recent third party capital needs assessment.

Requires an owner distributing any such amounts to:

  • continue to operate the property in accordance with the affordability requirements of its use agreement for its remaining useful life;
  • continue to renew or extend any project-based rental assistance contract for at least 20 years, as required by the property's plan of action; and
  • have the option to extend the contract to a 20-year term, if he or she has an existing multi-year project-based rental assistance contract for less than 20 years.

(Sec. 77002) Prohibits the LIHPRHA, or any plan of action or use agreement implementing it, from restricting an owner from obtaining a new loan or refinancing an existing loan secured by a low-income housing project, or from distributing the proceeds of such a loan, except that, in conjunction with such refinancing:

  • the owner shall provide for adequate rehabilitation pursuant to a capital needs assessment to ensure long-term sustainability of the property satisfactory to the lender or bond issuance agency;
  • any resulting budget-based rent increase shall include debt service on the new financing, commercially reasonable debt service coverage, and replacement reserves as required by the lender; and
  • any rent increases resulting from the refinancing transaction for units not covered by a project-based rental subsidy contract shall be limited to 10%, with the following exception.

Prohibits requiring any tenant who occupies a dwelling unit as of the time of the refinancing, and gives the owner proof of income, to pay for rent and utilities, for the duration of the tenancy, any amount exceeding the greater of: (1) 30% of the tenant's income, or (2) the amount the tenant paid for rent and utilities immediately before the refinancing.

(Sec. 77003) Directs HUD to issue any guidance necessary to carry out this Act within 120 days after its enactment.

TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF

(Sec. 78001) Amends the United States Housing Act of 1937 with respect to annual review of low-income families' income for eligibility requirements for certain federal assisted housing programs.

Declares that, after the initial review of any family's fix income, a public housing agency (PHA) or owner may not be required to review its income for any year for which the family certifies, in accordance with specified requirements as HUD shall establish.

Requires the PHA or the owner to review each such family's income at least once every three years.

Requires PHAs also to review the income of a family receiving Section 8 (rental assistance voucher program) assistance at least once every three years (currently, at least annually).

TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY

(Sec. 79001) Amends the McKinney-Vento Homeless Assistance Act to allow (in addition to a state, local government, or public housing agency) a private nonprofit organization to administer permanent housing rental assistance provided through the Continuum of Care Program under the Act.

(Sec. 79002) Requires HUD, at least once (currently, twice) during each fiscal year, to reallocate any housing assistance provided from the Emergency Solutions Grants Program that is unused or returned or that becomes available after the minimum allocation requirements under the Act.

TITLE LXXX--CHILD SUPPORT ASSISTANCE

(Sec. 80001) Amends the Fair Credit Reporting Act, with respect to the permissible purposes of consumer reports, to authorize a consumer reporting agency to furnish a consumer report in response to a request by the head of a state or local child support enforcement agency (or an authorized state or local government official), if the requester certifies that the report is needed for enforcing a child support order, award, agreement, or judgment.

Repeals the requirement for 10 days' prior notice to a consumer whose report is requested.

TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING

(Sec. 81001) Directs HUD to establish a demonstration program under which, in FY2016 through FY2019, it may execute budget-neutral, performance-based agreements (for up to 12 years each) that result in a reduction in energy or water costs with appropriate entities to carry out projects for energy or water conservation improvements at up to 20,000 residential units in multifamily buildings participating in:

  • Section 8 project-based rental assistance programs under the United States Housing Act of 1937, other than Section 8 (voucher program) assistance;
  • supportive housing for the elderly programs under the Housing Act of 1959; or
  • supportive housing for persons with disabilities programs under the Cranston-Gonzalez National Affordable Housing Act.

Prescribes requirements for payment under an agreement, which shall be contingent on documented utility savings, as well as for agreement terms, eligibility, geographical diversity, and funding for the program.

Limits this demonstration program to properties subject to affordability restrictions, which may be through an affordability agreement under a new housing assistance payments contract with HUD, or through an enforceable covenant with the property owner, for at least 15 years after completion of any conservation improvements made under the program.

Requires HUD to submit to specified congressional committees a detailed plan for the implementation of this Act.

Authorizes HUD, for each fiscal year during which an agreement is in effect, to use any appropriated funds for the renewal of contracts under the program.

TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

(Sec. 82001) Amends the Federal Home Loan Bank Act to treat certain privately insured credit unions as insured depository institutions for purposes of determining eligibility for membership in a federal home loan bank.

Declares that a credit union which lacks federal deposit insurance and has applied for membership in a federal home loan bank may be treated as meeting all the eligibility requirements for federal deposit insurance if the supervisor of the chartering state has determined that it meets all federal deposit insurance eligibility requirements.

Deems such a credit union to have met the eligibility criteria for federal home loan bank membership if, six months after its application date, the state supervisor has failed to act upon the application.

Declares that no state law authorizing a conservator or liquidating agent of a credit union to repudiate contracts may apply to any: (1) extension of credit from a federal home loan bank to a credit union which is a member of that bank, or (2) security interest in the assets of the credit union securing such extension of credit.

Declares that if a federal home loan bank makes an advance to a state-chartered credit union that is not federally insured:

  • the bank's interest in any collateral securing that advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally-insured credit union, and
  • the bank has the same right to access such collateral that it would have had if the advance had been made to a federally-insured credit union.

Amends the Federal Deposit Insurance Act to require private deposit insurers of credit unions that are members of a federal home loan bank to submit copies of their audit reports within seven days to the Federal Housing Finance Agency.

(Sec. 82002) Directs the Government Accountability Office to study: (1) the adequacy of insurance reserves held by a private deposit insurer that insures deposits in an insured credit union or any credit union eligible to apply to become one, and (2) such credit unions' compliance with federal regulations governing disclosure of a lack of federal deposit insurance.

TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM

(Sec. 83001) Amends the Federal Deposit Insurance Act to increase from $500 million to $1 billion the asset size of small insured depository institutions eligible for 18-month on-site examination cycles.

Qualifies such an institution also for the 18-month cycle if its total assets are at most $200 million (currently $100 million) and the most recent examination found its composite condition to be good rather than outstanding.

Grants a federal banking agency discretion to increase this assets ceiling amount from $200 million to $1 billion (currently from $100 million to $500 million) if that greater asset size would be consistent with the principles of safety and soundness.

TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION

(Sec. 84001) Directs the SEC to revise Form S-1 so that a smaller reporting company may incorporate by reference in a registration statement filed on that form any documents it files with the SEC after the registration statement's effective date.

TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

(Sec. 85001) Amends the Securities Exchange Act of 1934 to require an issuer that is a savings and loan holding company to register with the SEC if: (1) its assets exceed $10 million, and (2) it has a class of equity security held of record by 2,000 or more persons.

Requires this registration to be terminated after a savings and loan holding company certifies that its holders of record of that class of security have been reduced to fewer than 1,200 persons.

Declares that the duty of a savings and loan holding company to file supplementary and periodic information shall be suspended automatically if the securities of each class to which the registration statement relates (other than any class of asset-backed securities) are held of record by fewer than 1,200 persons.

TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS

(Sec. 86001) Amends the Commodity Exchange Act to repeal the requirement that specified entities agree to indemnify the Commodity Futures Trading Commission (CFTC) for any expenses arising from litigation relating to certain information about swaps cleared by derivatives clearing organizations which is shared with the entities before the CFTC may share the information with them.

Repeals a similar requirement for the same entities with which a swap data repository may share swap data to agree to indemnify the repository and the CFTC for any expenses arising from similar litigation.

Amends the Securities Exchange Act of 1934 to repeal a similar requirement for the same entities (plus the CFTC) with which a securities-based swap data repository may share securities-based swap data to agree to indemnify the repository and the SEC for any expenses arising from similar litigation.

Makes these repeals take effect retroactively to enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

TITLE LXXXVII--TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF SMALLER INSTITUTIONS

(Sec. 87001) Amends the Financial Stability Act of 2010 with respect to the date for determining the consolidated assets of smaller depository institution holding companies supervised by the Board of Governors of the Federal Reserve System.

Exempts from otherwise required capital deductions, pursuant to mandatory minimum leverage and risk-based capital requirements, any debt or equity instruments issued before May 19, 2010, by depository institution holding companies with total consolidated assets of less than $15 billion as of March 31, 2010 (currently as of December 31, 2009).

TITLE LXXXVIII--STATE LICENSING EFFICIENCY

State Licensing Efficiency Act of 2015

(Sec. 88002) Amends the S.A.F.E. Mortgage Licensing Act of 2008 to require the Attorney General to give access to all criminal history information to state officials responsible for regulating, not only state-licensed loan originators (as under current law), but also other financial service providers, to the extent such checks are required under the laws of the state for the licensing of such other financial service providers.

TITLE LXXXIX--HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES

Helping Expand Lending Practices in Rural Communities Act of 2015 or the HELP Rural Communities Act of 2015

(Sec. 89002) Directs the Consumer Financial Protection Bureau (CFPB) to establish an application process under which a person who lives or does business in a state may apply to have the CFPB identify as rural an area it has not already so identified.

Specifies factors for the CFPB to take into consideration when evaluating such an application. Permits the CFPB to disregard any designation of the area as nonrural by another federal agency.

Subjects any application to 90 days of public comment. Requires the CFPB to make a decision on a designation application within 90 days after the end of the public comment period.

(Sec. 89003) Amends the Truth in Lending Act to modify the requirements for a qualified mortgage or an escrow or impound account relating to certain consumer credit transactions secured by a first lien on the consumer's principal dwelling.

Authorizes the CFPB to include as a qualified mortgage, with respect to the presumption that the consumer has a reasonable ability to repay it, a balloon loan extended by any creditor that operates in rural or underserved areas, whether predominantly or not. (Currently the creditor must operate predominantly in rural or underserved areas.)

Authorizes the CFPB also to exempt a creditor, in connection with a consumer credit transaction secured by a first lien on the consumer's principal dwelling, from the requirement to establish an escrow or impound account for the consumer if the creditor operates in rural or underserved areas, whether predominantly or not. (Currently the creditor must operate predominantly in such areas.)

Became Public Law No: 114-94.

Rep. Davis, Rodney [R-IL-13](R-IL)Sponsor
118 cosponsors4 D114 R
118cosponsors3committees260actions379amendments46related bills136subjects
  • Enrolled Bill
  • Engrossed Amendment HouseNov 5, 2015
  • Engrossed Amendment SenateJul 30, 2015
  • Reported to SenateFeb 12, 2015
  • Referred in SenateJan 8, 2015
  • Engrossed in HouseJan 6, 2015
  • Public LawDec 5, 2015
  1. President

    Became Public Law No: 114-94.

  2. BecameLaw36000

    Became Public Law No: 114-94.

  3. President

    Signed by President.

  4. Floor

    Presented to President.

  5. President28000

    Presented to President.

  6. Floor

    Message on Senate action sent to the House.

  7. Floor

    Senate agreed to conference report, under the order of 12/3/2015, having achieved 60 votes in the affirmative, by Yea-Nay Vote. 83 - 16. Record Vote Number: 331.

  8. ResolvingDifferences23000

    Conference report agreed to in Senate: Senate agreed to conference report, under the order of 12/3/2015, having achieved 60 votes in the affirmative, by Yea-Nay Vote. 83 - 16. Record Vote Number: 331.

  9. Floor

    Motion to waive Rule XXVIII relative to section 32205 with respect to the conference report agreed to by Yea-Nay Vote. 77 - 22. Record Vote Number: 330. (consideration: CR S8363-8364)

  10. Floor

    Point of order that section 32205 of the conference report violates the scope of conference under Rule XXVIII raised in Senate.

  11. ResolvingDifferences

    Conference report considered in Senate. (consideration: CR S8357-8366)

  12. ResolvingDifferences

    Conference papers: message on House action held at the desk in Senate.

  13. ResolvingDifferencesH42510

    On agreeing to the conference report Agreed to by the Yeas and Nays: 359 - 65 (Roll no. 673). (consideration: CR H8999)

  14. ResolvingDifferencesH42831

    Motions to reconsider laid on the table Agreed to without objection.

  15. ResolvingDifferences21000

    Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 359 - 65 (Roll no. 673).(consideration: CR H8999)

  16. ResolvingDifferencesH42300

    The previous question was ordered pursuant to the rule. (consideration: CR H8999)

  17. FloorH8D000

    DEBATE - The House proceeded with one hour of debate on the conference report to accompany H.R. 22.

  18. ResolvingDifferencesH40200

    Mr. Shuster brought up conference report H. Rept. 114-357 for consideration pursuant to H. Res. 546. (consideration: CR H8988-9000)

  19. FloorH1L220

    Rule H. Res. 546 passed House.

  20. FloorH1L210

    Rules Committee Resolution H. Res. 546 Reported to House. Rule provides for consideration of the conference report to H.R. 22. Resolution waives all points of order against the conference report and against its consideration. Conference report is considered as read and debatable for one hour. A motion to recommit is allowed if applicable.

  21. ResolvingDifferences

    Conference papers: Senate report and manager's statement held at the desk in Senate.

  22. ResolvingDifferencesH25200

    Conference report H. Rept. 114-357 filed. (text of conference report: CR H8679-8822)

  23. ResolvingDifferences20900

    Conference report filed: Conference report H. Rept. 114-357 filed.(text of conference report: CR H8679-8822)

  24. ResolvingDifferences

    Conference held.

  25. ResolvingDifferences20800

    Conference committee actions: Conference held.

  26. FloorH8D000

    SENATE NOTIFICATION - The Chair announced that the Senate would be notified of the appointment of additional conferees.

  27. ResolvingDifferencesH41800

    The Speaker appointed additional conferees - from the Committee on Ways and Means, for consideration of secs. 31101, 31201, and 31203 of the House amendment, and secs. 51101, 51201, 51203, 52101, 52103-05, 52108, 62001, and 74001 of the Senate amendment, and modifications committed to conference: Brady (TX), Reichert, and Levin. (consideration: CR H8278)

  28. ResolvingDifferencesH41800

    The Speaker appointed additional conferees - from the Committee on Science, Space, and Technology, for consideration of secs. 3008, 3015, 4003, and title VI of the House amendment and secs. 11001, 12001, 12002, 12004, 12102, 21009, 21017, subtitle B of title XXXI, secs. 35105 and 72003 of the Senate amendment, and modifications committed to conference: Smith (TX), Comstock, and Edwards. (consideration: CR H8278)

  29. ResolvingDifferencesH41800

    The Speaker appointed additional conferees - from the Committee on Oversight and Government Reform, for consideration of secs. 5106, 5223, 5504, 5505, 61003, and 61004 of the House amendment and secs. 12004, 21019, 31203, 32401, 32508, 32606, 35203, 35311, and 35312 of the Senate amendment, and modifications committed to conference: Mica, Hurd (TX), and Connolly. (consideration: CR H8278)

  30. ResolvingDifferencesH41800

    The Speaker appointed additional conferees - from the Committee on Natural Resources, for consideration of secs. 1114-16, 1120, 1301, 1302, 1304, 1305, 1307, 1308, 1310-13, 1316, 1317, 10001, and 10002 of the House amendment and secs. 11024-27, 11101-13, 11116-18, 15006, 31103-05, and 73103 of the Senate amendment and modifications committed to conference: Thompson (PA), LaHood, and Grijalva. (consideration: CR H8278)

  31. ResolvingDifferencesH41800

    The Speaker appointed additional conferees - from the Committee on the Judiciary, for consideration of secs. 1313, 24406, and 43001 of the House amendment and secs. 32502 and 35437 of the Senate amendment, and modifications committed to conference: Goodlatte, Marino, and Lofgren. (consideration: CR H8278)

  32. ResolvingDifferencesH41800

    The Speaker appointed additional conferees - from the Committee on Financial Services, for consideration of sec. 32202 and Division G of the House amendment and secs. 52203 and 52205 of the Senate amendment, and modifications committed to conference: Hensarling, Neugebauer, and Waters, Maxine. (consideration: CR H8278)

  33. ResolvingDifferencesH41800

    The Speaker appointed additional conferees - from the Committee on Energy and Commerce, for consideration of secs. 1109, 1201, 1202, 3003, Division B, secs. 31101, 31201, and Division F of the House amendment and secs. 11005, 11006, 11013, 21003, 21004, subtitles B and D of title XXXIV, secs. 51101 and 51201 of the Senate amendment, and modifications committed to conference: Upton, Mullin, and Pallone. (consideration: CR H8278)

  34. ResolvingDifferencesH41800

    The Speaker appointed additional conferees - from the Committee on Armed Services, for consideration of sec. 1111 of the House amendment, and modifications committed to conference: Thornberry, Rogers (AL), and Sanchez, Loretta. (consideration: CR H8278)

  35. Floor

    Message on Senate action sent to the House.

  36. Floor

    Senate appointed conferees Inhofe, Thune, Hatch, Murkowski, Fischer, Barrasso, Cornyn, Boxer, Brown, Nelson, Wyden, Durbin, Schumer. (consideration: CR S7887)

  37. ResolvingDifferences

    Motion by Senator Blumenthal to instruct Senate conferees (rail safety provisions) agreed to in Senate by Voice Vote. (consideration: CR S7887)

  38. ResolvingDifferences

    Motion by Senator Blumenthal to instruct Senate conferees made in Senate. (consideration: CR S7887)

  39. ResolvingDifferences

    Motion by Senator Wicker to instruct Senate conferees (combination length limitations) agreed to in Senate by Yea-Nay Vote. 56 - 31. Record Vote Number: 304. (consideration: CR S7886-7887)

  40. ResolvingDifferences

    Motion by Senator Wicker to instruct Senate conferees made in Senate. (consideration: CR S7886)

  41. Floor

    Senate disagrees to the House amendment to the Senate amendment, agrees to the request for conference, and authorizes the Presiding Officer to appoint conferees.

  42. Floor

    Motion to disagree to the House amendment to the Senate amendment, agree to the request for conference, and authorize the Presiding Officer to appoint conferees agreed to in Senate by Unanimous Consent.

  43. Floor

    Cloture on the motion to disagree to the House amendment to the Senate amendment, agree to the request for conference, and authorize the Presiding Officer to appoint conferees invoked in Senate by Yea-Nay Vote. 82 - 7. Record Vote Number: 303. (consideration: CR S7886)

  44. Floor

    Cloture motion on the motion to disagree to the House amendment to the Senate amendment, agree to the request for conference, and authorize the Presiding Officer to appoint conferees presented in Senate. (consideration: CR S7881; text: CR S7881)

  45. Floor

    Motion to disagree to the House amendment to the Senate amendment, agree to the request for conference, and authorize the Presiding Officer to appoint conferees made in Senate. (consideration: CR S7881)

  46. Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S7881-7887)

  47. Floor

    Message on House action received in Senate and at desk: House amendment to Senate amendment and House requests a conference.

  48. FloorH8D000

    APPOINTMENT OF FURTHER CONFEREES - The Chair announced that further appointments of conferees would occur at a subsequent time.

  49. ResolvingDifferencesH41800

    The Speaker appointed conferees - from the Committee on Transportation and Infrastructure for consideration of the House amendment and the Senate amendment, and modifications committed to conference: Shuster, Duncan of Tennessee, Graves of Missouri, Miller of Michigan, Crawford, Barletta, Farenthold, Gibbs, Denham, Ribble, Perry, Woodall, Katko, Babin, Hardy, Graves of Louisiana, DeFazio, Norton, Nadler, Brown of Florida, Eddie Bernice Johnson of Texas, Cummings, Larsen of Washington, Capuano, Napolitano, Lipinski, Cohen, and Sires. (consideration: CR H8136)

  50. ResolvingDifferencesH41400

    The previous question was ordered without objection. (consideration: CR H8135)

  51. FloorH8D000

    DEBATE - The House proceeded with one hour of debate on the Huffman motion to instruct conferees on H.R. 22. The instructions contained in the motion seek to require the managers on the part of the House to agree to the provisions of the Senate amendment that establish the total amount of funding to be provided for each of fiscal years 2016 through 2021 out of the Highway Trust Fund for surface transportation programs; and insist on section 1414(b) of the House amendment (relating to adjustments to contract authority).

  52. ResolvingDifferencesH40150

    Mr. Huffman moved that the House instruct conferees. (consideration: CR H8134-8135; text: CR H8134)

  53. ResolvingDifferencesH41610

    On motion that the House agree with an amendment to the Senate amendments, insist upon its amendment to the Senate amendments, and request a conference Agreed to by recorded vote: 371 - 54 (Roll No. 624).

  54. ResolvingDifferencesH40150

    Mr. Shuster moved that the House agree with an amendment to the Senate amendments, insist upon its amendment to the Senate amendments, and request a conference. (consideration: CR H8133-8134)

  55. FloorH8D000

    Pursuant to Section 6 of H.Res. 512, the Chair announced that a motion that the House concur in the Senate amendment to the text of H.R. 22 with an amendment is adopted, and a motion that the House concur in the Senate amendment to the title of H.R. 22 is adopted.

  56. FloorH36610

    On motion to agree to the House amendments en gros Agreed to by recorded vote: 363 - 64 (Roll no. 623). (consideration: CR H8132-8133)

  57. FloorH8D000

    Pursuant to H.Res. 512, the Chair put the question on adoption of the amendments en gros.

  58. FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H8132)

  59. FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report House amendments to Senate amendment to H.R.22.

  60. FloorH8D000

    Pursuant to the rule the committee rose.

  61. FloorH32050

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  62. FloorH30000

    Considered as unfinished business. (consideration: CR H8129-8133, H8133-8136)

  63. FloorH32700

    Committee of the Whole House on the state of the Union rises leaving H.R. 22 as unfinished business.

  64. FloorH32341

    On motion that the Committee rise Agreed to by voice vote.

  65. FloorH32340

    Mr. Mullin moved that the Committee rise.

  66. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Part B Mullin amendment No. 22.

  67. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Hensarling Part B amendment No. 21.

  68. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte Part B amendment No. 20.

  69. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Part B Gosar amendment No. 19.

  70. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Neugebauer amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Ms. Waters demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  71. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Neugebauer Part B amendment No. 18.

  72. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Burgess amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Ms. Schakowsky demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  73. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Burgess Part B amendment No. 17.

  74. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Mullin amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Ms. Schakowsky demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  75. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Part B Mullin amendment No. 16.

  76. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Schakowsky amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Ms. Schakowsky demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  77. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Schakowsky Part B amendment No. 15.

  78. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Kinzinger Part B amendment No. 14.

  79. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Williams Part B amendment No. 13.

  80. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Part B Foster amendment No. 12.

  81. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Pompeo Part B amendment No. 11.

  82. FloorH8D000

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

  83. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Young (IA) amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Ms. Moore demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  84. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Part B Young (IA) amendment No. 10.

  85. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Westmoreland amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Westmoreland demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  86. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Part B Westmoreland amendment No. 23.

  87. FloorH8D000

    ORDER OF PROCEDURE - Pursuant to the order of the House of today, the Chair announced that it was now in order to consider Part B amendment No. 23.

  88. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Schweikert amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Schweikert demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  89. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Schweikert Part B amendment No. 9.

  90. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Royce amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Ms. Waters demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  91. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Royce Part B amendment No. 8.

  92. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Rothfus amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Rothfus demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  93. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Rothfus Part B amendment No. 7.

  94. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Mulvaney amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Mulvaney demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  95. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Mulvaney Part B amendment No. 6.

  96. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Mulvaney amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Ms. Maxine Waters demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  97. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Mulvaney Part B amendment No. 5.

  98. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Mulvaney amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Mulvaney demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  99. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Mulvaney Part B amendment No. 4 to the Senate amendment to the text.

  100. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Mulvaney amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Ms. Maxine Waters demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  101. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Mulvaney Part B amendment No. 3.

  102. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Mulvaney amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Mulvaney demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  103. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Mulvaney Part B amendment No. 2.

  104. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Mulvaney demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  105. FloorH8D000

    DEBATE - Pursuant to the provisions of H.Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Perry Part B amendment No. 1.

  106. FloorH8D000

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

  107. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Chabot Part A amendment No. 58.

  108. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Herrera-Beutler amendment No. 57.

  109. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 20 minutes of debate on the Shuster en bloc amendment No. 1.

  110. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the DeSantis amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. DeSantis demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  111. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the DeSantis amendment No. 29.

  112. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Newhouse amendment No. 27.

  113. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Reichert amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Reichert demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  114. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Reichert amendment No. 26.

  115. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Schweikert amendment No. 25.

  116. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Schweikert amendment No. 24.

  117. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Ribble amendment No. 23.

  118. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 22.

  119. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Lewis amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Lewis demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  120. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Lewis amendment No. 21.

  121. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Duncan (TN) amendment No. 20, as modified.

  122. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Frankel amendment No. 19.

  123. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Edwards amendment No. 18.

  124. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Russell amendment No. 17.

  125. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Meng amendment No. 16.

  126. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Culberson amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Culberson demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  127. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Culberson amendment No. 14.

  128. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Larsen (WA) amendment No. 13, as modified.

  129. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the King (IA) amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Mr. DeFazio demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  130. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the King (IA) amendment No. 12.

  131. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Heck (WA) Part A amendment.

  132. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Hahn Part A amendment No. 10.

  133. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Aguilar Part A amendment No. 9.

  134. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Denham amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Denham demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  135. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Denham Part A amendment No. 8.

  136. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Hunter amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Hunter demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  137. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Hunter Part A amendment No. 7.

  138. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright Part A amendment No. 6.

  139. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the DeSaulnier amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. DeSaulnier demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  140. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the DeSaulnier Part A amendment No. 5.

  141. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Hunter Part A amendment No. 3.

  142. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 512, the Committee of the Whole proceeded with 10 minutes of debate on the Tim Ryan Part A amendment No. 2.

  143. FloorH32050

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  144. FloorH30000

    Considered as unfinished business. (consideration: CR H7654-7686, H7686-7740)

  145. FloorH8D000

    ORDER OF PROCEDURE - Mr. Shuster asked unanimous consent that during further consideration of the Senate amendments to H.R. 22, pursuant to H.Res. 512, amendment number 1 printed in Part A of House Report 114-326 may be considered out of sequence. Agreed to without objection.

  146. FloorH32700

    Committee of the Whole House on the state of the Union rises leaving H.R. 22 as unfinished business.

  147. FloorH32341

    On motion that the committee rise Agreed to by voice vote.

  148. FloorH32340

    Mr. Shuster moved that the committee rise.

  149. FloorH32050

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  150. FloorH8D000

    Rule provides for consideration of Senate amendments to H.R. 22. Resolution provides for consideration of further amendments to the Senate amendments to H.R. 22.

  151. FloorH30000

    Considered under the provisions of rule H. Res. 512.

  152. FloorH1L220

    Rule H. Res. 512 passed House.

  153. FloorH32700

    Committee of the Whole House on the state of the Union rises leaving H.R. 22 as unfinished business.

  154. FloorH8D000

    Pursuant to the rule the committee rose.

  155. FloorH8D000

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

  156. FloorH8D000

    WITHDRAWAL OF DEMAND FOR RECORDED VOTE - Mr. Rothfus asked unanimous consent to withdraw his demand for a recorded vote on the question of adoption of the Rothfus Part B Amendment No. 40, to the end that the amendment be adopted on the basis of the earlier voice vote. Agreed to without objection.

  157. FloorH32050

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  158. FloorH30000

    Considered as unfinished business. (consideration: CR H7650-7652)

  159. FloorH1L210

    Rules Committee Resolution H. Res. 512 Reported to House. Rule provides for consideration of Senate amendments to H.R. 22. Resolution provides for consideration of further amendments to the Senate amendments to H.R. 22.

  160. FloorH32700

    Committee of the Whole House on the state of the Union rises leaving H.R. 22 as unfinished business.

  161. FloorH32341

    On motion that the Committee rise Agreed to by voice vote.

  162. FloorH32340

    Mr. Shuster moved that the Committee rise.

  163. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Napolitano Part B amendment No. 45.

  164. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the DelBene Part B amendment No. 44.

  165. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Mica Part B amendment No. 43

  166. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceedes with 10 minutes of debate on the Beyer amendment No. 42.

  167. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the DeSaulnier amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. DeSaulnier demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  168. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the DeSaulnier of California Part B amendment No. 41.

  169. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Rothfus amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Mr. Rooney demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  170. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Rothfus Part B Amendment No. 40.

  171. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Rooney amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Rooney demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  172. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Rooney (FL) Part B amendment No. 39.

  173. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Farenthold Part B amendment No. 38.

  174. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Hartzler amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mrs. Hartzler demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  175. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Hartzler Part B amendment No. 37, as modified.

  176. FloorH8D000

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was on the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

  177. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Calvert Part B amendment No. 36.

  178. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Edwards Part B amendment No. 35.

  179. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Radewagen amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mrs. Radewagen demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  180. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Radewagen Part B amendment No. 34.

  181. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Costello (PA) Part B amendment No. 33.

  182. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Brownley (CA) amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Ms. Brownley demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  183. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Brownley (CA) Part B amendment No. 32.

  184. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Takano amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Takano demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  185. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Takano Part B amendment No. 31.

  186. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Lewis Part B amendment No. 30.

  187. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Lynch amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Lynch demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  188. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Lynch Part B amendment No. 29.

  189. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Barletta Part B amendment No. 28.

  190. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Comstock Part B amendment No. 27.

  191. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Duncan (TN) Part B amendment No. 26.

  192. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Rice (NY) Part B amendment No. 24.

  193. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Kirkpatrick Part B amendment No. 23.

  194. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Blumenauer Part B amendment No. 22.

  195. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Sewell (AL) Part B amendment No. 21.

  196. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Sewell (AL) Part B amendment No. 20.

  197. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Welch Part B amendment No. 19.

  198. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the E.B. Johnson Part B amendment No. 18.

  199. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Scott (VA) Part B amendment No. 17.

  200. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the DeSaulnier Part B amendment No. 16.

  201. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Brown (FL) amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Ms. Brown demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  202. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Brown (FL) Part B amendment No. 15.

  203. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Ribble amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Ribble demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  204. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Ribble Part B amendment No. 14.

  205. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Part B Mullin amendment No. 13.

  206. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Hanna Part B amendment No. 12.

  207. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Guinta Part B amendment No. 11.

  208. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Gibson Part B amendment No. 10.

  209. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Gibbs Part B amendment No. 9.

  210. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Fleischmann Part B amendment No. 8.

  211. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Massie Part B amendment No. 7.

  212. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Babin Part B amendment No. 6.

  213. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Gosar amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Mr. DeFazio demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  214. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Gosar Part B amendment No. 5.

  215. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Walden Part B amendment No. 3.

  216. FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Swalwell amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Swalwell demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  217. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Swalwell Part B amendment No. 2.

  218. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 10 minutes of debate on the Shuster Part B amendment No. 1.

  219. FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on the Senate amendment to H.R. 22. Pursuant to the provisions of H. Res. 507, the Senate amendment shall be considered for amendment under the five minute rule and pursuant to H. Res. 507 is amended by the amendment printed in part A of House Report 114-325. No further amendment to the Senate amendment, as amended, shall be in order except for an amendment consisting of the text of Rules Committee print 114-32, which shall be considered as pending.

  220. FloorH32400

    The Speaker designated the Honorable Michael K. Simpson to act as Chairman of the Committee.

  221. FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 507 and Rule XVIII. (consideration: CR H7412-7621; text of Senate amendment as received in House: CR H7418-7517)

  222. FloorH8D000

    Resolution provides for consideration of the Senate amendments to H.R. 22; provides for proceedings during the period from Nov. 6, 2015 through Nov. 13, 2015; and provides for motions to suspend the rules.

  223. Floor

    Message on Senate action sent to the House.

  224. Floor

    Passed Senate with an amendment and an amendment to the Title by Yea-Nay Vote. 65 - 34. Record Vote Number: 260.

  225. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Yea-Nay Vote. 65 - 34. Record Vote Number: 260.

  226. Floor

    Considered by Senate.

  227. Floor

    Cloture on the measure invoked in Senate by Yea-Nay Vote. 65 - 35. Record Vote Number: 259. (consideration: CR S6092; text: CR S6092)

  228. Floor

    Considered by Senate. (consideration: CR S6091-6092)

  229. Floor

    Considered by Senate. (consideration: CR S6046-6055, S6055-6067)

  230. Floor

    Considered by Senate. (consideration: CR S5893, S5907-5919, S5921-5922)

  231. Floor

    Considered by Senate. (consideration: CR S5703-5710)

  232. Floor

    Cloture motion on the measure presented in Senate. (consideration: CR S5672; text: CR S5672)

  233. Floor

    Measure laid before Senate by motion. (consideration: CR S5566-5681)

  234. Floor

    Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 51 - 26. Record Vote Number: 252.

  235. Floor

    Motion to proceed to measure considered in Senate. (consideration: CR S5565-5566)

  236. Floor

    Motion to proceed to measure considered in Senate. (consideration: CR S5478-5513)

  237. Floor

    Motion to proceed to measure considered in Senate. (consideration: CR S5451)

  238. Floor

    Upon reconsideration, cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 62 - 36. Record Vote Number: 251. (consideration: CR S5451; text: CR S5451)

  239. Floor

    Motion by Senator McConnell to reconsider the vote by which the motion to invoke cloture on the motion to proceed to the measure was not invoked (Record Vote No. 250) agreed to in Senate by Voice Vote.

  240. Floor

    Motion to proceed to consideration of the motion to reconsider the vote by which cloture was not invoked on the motion to proceed to the measure (Record Vote No. 250) agreed to in Senate by Voice Vote. (consideration: CR S5451)

  241. Floor

    Motion by Senator McConnell to reconsider the vote by which cloture on the motion to proceed to the measure was not invoked (Record Vote No. 250) entered in Senate.

  242. Floor

    Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 41 - 56. Record Vote Number: 250. (consideration: CR S5188; text: CR S5188)

  243. Floor

    Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S5057)

  244. Floor

    Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S5057; text: CR S5057)

  245. Floor

    Motion to proceed to consideration of measure made in Senate. (consideration: CR S5057)

  246. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 19.

  247. Committee

    Committee on Finance. Reported by Senator Hatch without amendment. With written report No. 114-3.

  248. Committee14000

    Committee on Finance. Reported by Senator Hatch without amendment. With written report No. 114-3.

  249. Committee

    Committee on Finance. Ordered to be reported without amendment favorably.

  250. IntroReferral

    Read twice and referred to the Committee on Finance.

  251. IntroReferral

    Received in the Senate.

  252. FloorH37300

    On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 412 - 0 (Roll no. 7). (text: CR H29)

  253. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  254. Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 412 - 0 (Roll no. 7).(text: CR H29)

  255. FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on H.R. 22.

  256. FloorH30000

    Considered under suspension of the rules. (consideration: CR H29-32)

  257. FloorH30300

    Mr. Ryan (WI) moved to suspend the rules and pass the bill.

  258. IntroReferralH11100

    Referred to the House Committee on Ways and Means.

  259. IntroReferralIntro-H

    Introduced in House

  260. IntroReferral1000

    Introduced in House

Dec 4, 201549

Fixing America's Surface Transportation Act or the FAST Act

DIVISION A--SURFACE TRANSPORTATION

(Sec. 1002) Directs the Department of Transportation (DOT) to reduce the amount apportioned for a surface transportation program, project, or activity for FY2016 by amounts apportioned or allocated under any extension of the Moving Ahead for Progress in the 21st Century Act (MAP-21) for the period beginning October 1, 2015, and ending upon enactment of this Act.

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorizations and Programs

(Sec. 1101) Reauthorizes through FY2020:

  • certain core federal-aid highway programs;
  • the transportation infrastructure finance and innovation program;
  • the federal lands, tribal transportation, and federal lands transportation and access programs;
  • the territorial and Puerto Rico highway program; and
  • nationally significant freight and highway projects.

Requires the expenditure of at least 10% of amounts made available for federal-aid highways and public transportation programs through small business concerns owned and controlled by socially and economically disadvantaged individuals.

Directs states to compile annual lists of small disadvantaged business enterprises according to minimum uniform criteria established by DOT.

(Sec. 1102) Prescribes obligation ceilings for certain federal-aid highway and highway safety construction programs, with specified exceptions.

Prescribes requirements, including a formula, and restrictions for certain FY2016-FY2020 distributions from the obligation limitation for federal-aid highways.

Directs DOT to redistribute to the states any federal-aid highway program funds that, because of any imposed obligation limitation, will not be allocated or otherwise made available to them for obligation for surface transportation program projects.

(Sec. 1104) Authorizes appropriations through FY2020 for Federal Highway Administration (FHWA) administrative expenses.

Revises and renames the surface transportation program as the surface transportation block grant program (STBGP) (as established by section 1109 of this Act).

Requires DOT to set-aside specified amounts of a state's base apportionment of core program funds for the national highway freight program and metropolitan transportation planning.

Directs DOT also to reserve certain amounts to states for:

  • the national highway performance program for FY2019 and FY2020, and
  • the STBGP through FY2020.

(Sec. 1105) Authorizes DOT to make competitive grants to a state or group of states, a metropolitan planning organization (MPO) that serves an urbanized area with a population of more than than 200,000 individuals, a unit of local government or group of local governments, or other specified entities to furnish financial assistance for nationally significant freight and highway projects.

Requires DOT to reserve out of such grant amounts for each fiscal year:

  • 10% for small projects, and
  • at least 25% for projects in rural areas.

Makes the maximum federal share of project costs 60%.

(Sec. 1106) Revises requirements for the national highway performance program.

Authorizes DOT, upon request, to allow a state to use its apportionment of national highway performance program funds to pay subsidy and administrative costs of Transportation Infrastructure Finance and Innovation Act (TIFIA) program secured loans, loan guarantees, or credit for surface transportation projects for a state, local government, public authority, public-private partnership, or any other legal entity.

Allows a state's apportionment to be obligated for projects:

  • for the reconstruction or rehabilitation of federal-aid highway bridges (non-National Highway System bridges), and
  • to reduce the risk of failure of critical transportation infrastructure.

(Sec. 1107) Revises requirements for the emergency relief fund program.

Treats as an eligible expense for emergency relief program funding the costs of disaster debris removal for projects for the repair or reconstruction of federal-aid highways on tribal transportation facilities, federal lands transportation facilities, or other federally-owned roads that are open to public travel.

(Sec. 1108) Revises and reauthorizes requirements for the set-aside of highway safety improvement program funds for states for the same period for the elimination of hazards and the installation of protective devices at railway-highway crossings.

(Sec. 1109) Establishes in DOT an surface transportation block grant program (STBGP).

Requires states to obligate for each fiscal year specified graduated percentages of apportioned funds in:

  • urbanized areas with a population of over 200,000, and
  • rural areas with a population greater than 5,000.

Directs DOT to reserve certain amounts of the state apportionment of funds for each fiscal year for surface transportation projects or activities or transportation alternatives projects.

Requires states to obligate an amount of reserved funds for each fiscal year equal to the amount apportioned to the state for the surface transportation program for FY2009 for recreational trails projects.

(Sec. 1110) Reduces the amount DOT must deduct from FHWA administrative funds each fiscal year for highway use tax evasion projects.

(Sec. 1111) Prescribes requirements for the bundling of two or more similar projects for the replacement or repair of structurally deficient bridges.

(Sec. 1112) Revises formulae for certain allocations of funds to states for construction of ferry boats and ferry terminal facilities.

Reauthorizes the program through FY2020. Certain funds are made available for the National Ferry Database.

(Sec. 1113) Revises the highway safety improvement program.

Makes eligible as highway safety improvement projects any installation of vehicle-to-infrastructure communication equipment, pedestrian hybrid beacons, roadway improvements that provide separation between pedestrians and motor vehicles, and other types of infrastructure safety projects.

Authorizes states to elect not to collect certain data on unpaved public roads regarding the model inventory of roadways if certain requirements are met.

Eliminates the definition of "state highway safety improvement programs."

Requires DOT to review best practices for implementation of roadway safety infrastructure improvements to reduce the number or severity of commercial motor vehicle accidents.

(Sec. 1114) Revises congestion mitigation and air quality improvement (CMAQ) program requirements.

Authorizes states to obligate the apportionment of CMAQ program funds for projects for the installation of vehicle-to-infrastructure communication equipment in nonattainment or maintenance areas for particulate matter.

Declares that requirements for priority use of congestion mitigation and air quality project funds in PM2.5 nonattainment or maintenance areas shall not apply in any state with a population density of 80 or fewer persons per square mile of land area if certain criteria are met.

Authorizes states or metropolitan planning organizations (MPOs) also to elect to obligate PM2.5 priority funds to the most cost-effective CMAQ projects to reduce emissions from port-related landside nonroad or on-road equipment that operates within a PM2.5 nonattainment or maintenance area.

(Sec. 1115) Increases the authorization of appropriations for the Puerto Rico highway and territorial highway programs.

(Sec. 1116) Revises national freight program requirements.

Renames the national freight network the National Highway Freight Network.

Authorizes the MPO representative in an urbanized area with a population of 500,000 or more to designate a public road within the borders of that area of the state as a critical urban freight corridor. Authorizes the state to do the same for an urbanized area with a population under 500,000.

Requires states that have not met, or made significant progress toward meeting, certain performance targets related to freight movement of the state to report biennially to DOT on actions the state will undertake to achieve the targets.

Prescribes requirements for the use of apportioned funds, including development of intelligent freight transportation systems. The term "intelligent freight transportation system" means:

  • innovative or intelligent technological transportation systems, infrastructure, or facilities; or
  • communications or information processing systems that improve the efficiency or safety of freight movements on the federal-aid highway system.

(Sec. 1117) Revises the federal lands and tribal transportation programs.

Requires entities carrying out a project under the tribal transportation program to report annually to DOT and to the Department of the Interior on specified project data.

Directs DOT to:

  • report to Congress on the quality of transportation safety data collected by states, counties, and Indian tribes for transportation systems and its relevance to improving the collection and sharing of data on crashes on Indian reservations; and
  • identify and evaluate in a separate study any options for improving safety on public roads on Indian reservations.

(Sec. 1118) Revises funding requirements for the tribal transportation program to:

  • reduce from 6% to 5% of authorized program funds the maximum amount that either DOT or Interior may use for certain administrative expenses, and
  • increase from 2% to 3% of such funds the allocation for specified bridge projects.

(Sec. 1119) Extends the federal lands transportation program and its funds allocations to the transportation systems of Interior's Bureau of Land Management.

(Sec. 1120) Authorizes DOT to conduct cooperative research and technology deployment in coordination with federal land management agencies for transportation planning of federal lands and tribal transportation facilities projects.

Requires DOT to combine and use no more than 5% of federal lands transportation program and federal lands access program funds for transportation planning activities for federal lands transportation facilities, federal lands access transportation facilities, and other federally-owned roads open to public travel.

Allows the use of such funds also for:

  • inspections of federally-owned bridges even if not included in the national federal lands transportation facility inventory, and
  • transportation planning activities carried out by federal land management agencies.

(Sec. 1121) Directs DOT to establish a tribal transportation self-governance program via a compact with an Indian tribe, subject to negotiated annual written funding arrangements with the tribe.

Requires any funding agreement to authorize the Indian tribe to plan, conduct, consolidate, administer, and receive full tribal share funding, tribal transit formula funding, and funding to tribes from DOT-administered discretionary and competitive grants for all programs, services, functions, and activities to carry out tribal transportation programs and DOT-administered programs, services, functions, and activities.

(Sec. 1122) Directs DOT to issue guidance on working with state departments of transportation that request assistance from FHWA division offices to:

  • review principal arterials within a state that were added to the National Highway System (NHS) as of October 1, 2012, and
  • identify any necessary functional classification changes to rural and urban principal arterials.

Requires DOT to:

  • review the NHS modification process, and
  • ensure that a state may submit requests to modify the NHS by withdrawing a road from it.

(Sec. 1123) Directs DOT to establish a program to fund construction, reconstruction, or rehabilitation of nationally significant federal lands and tribal transportation projects.

Authorizes appropriations through FY2020.

Subtitle B--Planning and Performance Management

(Sec. 1201) Revises requirements for metropolitan transportation planning.

Prescribes requirements for selection of MPO officials or representatives.

Authorizes MPOs serving a transportation management area to develop a congestion management plan that includes projects and strategies that will be considered in the MPO's transportation improvement program.

Treats the Bi-State MPO Region as:

  • an MPO,
  • a transportation management area, and
  • an urbanized area (comprising a population of 145,000 in California and a population of 65,000 in Nevada).

Prescribes formulae for the suballocation of STBGP and transportation alternatives program funds for a fiscal year for the Bi-State MPO Region.

(Sec. 1202) Revises requirements for statewide and nonmetropolitan transportation planning.

Subtitle C--Acceleration of Project Delivery

(Sec. 1301)Prescribes requirements for DOT in highway and public transportation planning to preserve certain historic sites, especially by aligning, to the maximum extent practicable, specified preservation requirements with the National Environmental Policy Act of 1969 (NEPA) and any avoidance alternative analysis it requires.

(Sec. 1303) Exempts from consideration for parkland, wildlife and waterfowl refuge, and historic site preservation purposes any common post-1945 concrete or steel bridge or culvert already exempt from individual review of its effect on any historic property.

(Sec. 1304) Prescribes procedures for accelerating the project delivery decisionmaking process regarding:

  • environmental review of highway, public transportation, or multimodal projects;
  • coordination among relevant agencies in meeting project deadlines;
  • public availability of the status and progress of projects requiring compliance with NEPA review and other federal, state, or local approval;
  • integration of planning and environmental review of projects between the lead agency (DOT) and participating federal and non-federal agencies;
  • adoption of departmental environmental assessments or environmental impact statements of other operating administrations; and
  • federal coordination of the environmental review and permitting process for transportation projects.

Grants DOT, as federal lead agency in the environmental review process for a highway, public transportation capital, or multimodal project, authority and responsibility to consider and respond to comments received from participating federal and non-federal agencies on matters within their special expertise or jurisdiction.

(Sec. 1305) Revises requirements for the integration of planning and environmental review.

(Sec. 1306) Changes from discretionary to mandatory the authority of federal agencies responsible for the environmental review of a transportation project to give substantial weight to recommendations in the programmatic mitigation plans of states and MPOs.

(Sec. 1307) Requires DOT, upon state request, to give technical assistance to a state assuming responsibility for making categorical exclusion determinations for highway or related projects.

(A "categorical exclusion" under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.)

(Sec. 1308) Revises requirements for termination of a state from the surface transportation project delivery program, increasing from 30 to 120 days the time DOT must give a state to take corrective action.

Authorizes DOT, in cooperation with state officials, to carry out education, training, peer-exchange, and other initiatives to assist states in developing capacity building for environmental review of projects under NEPA.

(Sec. 1309) Directs DOT to establish a pilot program to authorize states to conduct environmental review of projects under state laws instead of NEPA.

(Sec. 1310) Revises requirements for application of categorical exclusions for multimodal projects, including acceleration of decisionmaking in environmental reviews.

(Sec. 1312) Authorizes a public entity receiving DOT financial assistance for one or more projects, or for a program of projects, for a public purpose to request DOT to allow it to furnish funds to federal agencies, including DOT, state agencies, and Indian tribes participating in the environmental planning and review process for the project, projects, or program, but only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes.

(Sec. 1313) Directs DOT, in coordination with federal agencies likely to have substantive review or approval responsibilities under federal law, to develop a coordinated and concurrent environmental review and permitting process for transportation projects, meeting specified criteria, when initiating an environmental impact statement.

(Sec. 1314) Amends MAP-21 to require inflation adjustments to specified dollar amounts indicating the maximum federal assistance to certain federal-aid highway projects which must be categorically excluded from the requirements relating to environmental assessments or environmental impact statements.

(Sec. 1315) Directs DOT to develop a template programmatic agreement with states that provides for efficient procedures for evaluating categorical exclusion determinations.

(Sec. 1316) Directs DOT to:

  • allow states to assume DOT responsibilities for project design, plans, specifications, estimates, contract awards, and inspection of projects, on both a project-specific and programmatic basis; and
  • recommend to Congress legislation to permit the assumption of additional authorities by states, including about real estate acquisition and project design.

(Sec. 1317) Directs DOT to examine ways to modernize and improve the NEPA environmental review process for federal-aid highway projects.

(Sec. 1318) Directs the Government Accountability Office (GAO) to assess progress made under this Act, MAP-21, and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to accelerate the delivery of federal-aid highway and highway safety construction projects and public transportation capital projects by streamlining the environmental review and permitting process.

Subtitle D--Miscellaneous

(Sec. 1401) Prohibits, through FY2020, the use of a state's apportionment of highway safety improvement program funds to purchase, operate, or maintain an automated traffic enforcement system, except any located in school zones.

Defines "automated traffic enforcement system" to mean any camera that captures an image of a vehicle for purposes of traffic law enforcement.

(Sec. 1402) Requires DOT to compile and make available on the DOT public website any data on the amounts of federal-aid highway program funds made available under this title for each fiscal year.

(Sec. 1403) Requires DOT to make available certain additional funds deposited into the HTF Highway Account or Mass Transit Account for federal-aid highway programs.

Reauthorizes appropriations through FY2020.

(Sec. 1404) Requires a design for new construction or rehabilitation of NHS highways to take into account, in addition to other specified criteria, the environment and safety for other modes of transportation, as well as cost savings by utilizing flexibility in current design guidance and regulations.

(Sec. 1405) Requires any requested or required justification report for a project that would add a point of access to, or exit from, the Interstate System to include new or modified freeway-to-crossroad interchanges inside a transportation management area.

(Sec. 1407) Makes eligible for funding under the National Highway Performance Program and the Surface Transportation Program any projects for the installation of vehicle-to-infrastructure communication equipment.

(Sec. 1409) Declares that, for Interstate System (IS) vehicle weight limitation purposes, any vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided, and so are eligible for a special permit.

(Sec. 1410) Exempts certain heavy-duty tow and recovery vehicles traveling on federal highways from federal vehicle weight limitations.

Allows federal truck weight limitations to remain in place on specified highways in Texas and Arkansas.

Directs DOT to waive federal vehicle weight limitations for certain logging vehicles operating on IS highways in Wisconsin and Minnesota.

Prohibits states from enforcing against an emergency vehicle a vehicle weight limit (up to a maximum vehicle weight of 86,000 pounds) of less than:

  • 24,000 pounds on a single steering axle,
  • 33,500 pounds on a single drive axle,
  • 62,000 pounds on a tandem axle, or
  • 52,000 pounds on a tandem rear drive steer axle.

Defines the term "emergency vehicle" to mean a vehicle designed to be used under emergency conditions to:

  • transport personnel and equipment, and
  • support the suppression of fires and mitigation of other hazardous situations.

Allows natural gas vehicles to exceed any vehicle weight limit (up to a maximum vehicle weight of 82,000 pounds) by an amount equal to the difference between:

  • the weight of the vehicle attributable to the vehicle's natural gas tank and fueling system, and
  • the weight of a comparable diesel tank and fueling system.

(Sec. 1411)Revises requirements for the toll roads, bridges, tunnels, and ferries program.

Requires over-the-road buses that serve the public to have access to toll facilities equal to that of public transportation buses.

Defines the term "over-the-road bus" to mean a bus characterized by an elevated passenger deck located over a baggage compartment.

Revises certain exceptions to high occupancy vehicle (HOV) facility requirements.

Authorizes the public authority to allow a public transportation vehicle use of HOV facilities if it provides equal access for all public transportation vehicles and over-the-road buses serving the public.

Authorizes the public authority also to allow use of HOV facilities by:

  • vehicles if a toll is paid and the authority ensures that over-the-road buses serving the public have the same access as public transportation buses, and
  • alternative fuel vehicles and new qualified plug-in electric drive motor vehicles provided certain requirements are met.
Requires a public authority to submit to DOT for approval, within 180 days after a HOV facility is considered degraded, a plan to bring the facility back into compliance with the minimum average operating speed. ("Degraded" means failure of vehicles operating on HOV lanes to maintain minimum average operating speed 90% of the time over a consecutive 180-day period during morning and/or evening weekday peak hour periods.)

Amends the Transportation Equity Act for the 21st Century to revise requirements for the interstate system reconstruction and rehabilitation pilot program. Prescribes requirements for final approval of state applications to collect tolls on highways, bridges, or tunnels for projects for the reconstruction and rehabilitation of interstate highway corridors.

(Sec. 1412) Authorizes payment from the state apportionment of federal-aid highway program funds for projects at railway-highway grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains.

(Sec. 1413) Directs DOT to designate national electric vehicle charging and hydrogen, propane, and natural gas fueling corridors that identify the need for electric vehicle charging, hydrogen fueling, propane fueling, and natural gas fueling infrastructures at strategic locations along major national highways.

Authorizes the General Services Administration (GSA) to install (on a reimbursable basis) battery recharging stations in GSA-owned parking areas for vehicles of GSA employees, tenant federal agencies, and other authorized individuals. Requires the GSA or the federal agency the charge fees to individuals to use such stations.

(Sec. 1414) Revises federal requirements for minimum state penalties for repeat offenders for driving while intoxicated or driving under the influence.

Adds a 24-7 sobriety program to criteria for state repeat offender laws.

Specifies exceptions to the requirement of an ignition interlock device on a vehicle of an individual with restricted driving privileges

(Sec. 1415) Authorizes as an eligible cost for a federal-aid highway construction project the cost of improving habitat and forage for pollinators (i.e., bees, birds, bats, Monarch and other butterflies) on rights-of-way adjacent to such highways.

Requires DOT, in conjunction with willing states, to carry out programs that encourage:

  • integrated vegetation management practices on roadsides and other transportation rights-of-way, including reduced mowing; and
  • the development of habitat and forage for pollinators through planting of native forbs and grasses, including noninvasive, native milkweed species.

(Sec. 1416) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to revise the high priority Raleigh-Norfolk Corridor of the NHS between Raleigh, North Carolina, and Norfolk, Virginia, to include Rocky Mount, Williamston, and Elizabeth City, North Carolina.

Includes Texas State Highway 44 from United States Route 59 at Freer, Texas, to Texas State Highway 358 as part of the high priority Lower Rio Grande Valley Corridor of the NHS in Texas.

Designates as a high priority corridor on the NHS, as part of Interstate Route I-11, the Intermountain West Corridor from the vicinity of Las Vegas, Nevada, extending north along U.S. Route 95, terminating at Interstate Route 80.

Declares as high priority corridors on the NHS as well as segments of the IS:
  • U.S. Route 117/Interstate Route 795 from U.S. Route 70 in Goldsboro, Wayne County, North Carolina, to Interstate Route 40 west of Faison, Sampson County, North Carolina;
  • U.S. Route 70 from its intersection with Interstate Route 40 in Garner, Wake County, North Carolina, to the Port at Morehead City, Carteret County, North Carolina;
  • Sonoran Corridor along State Route 410 connecting Interstate Route 19 and Interstate Route 10 south of the Tucson International Airport;
  • the Central Texas Corridor commencing at the logical terminus of Interstate 10, and generally following portions of U.S. Route 190 eastward passing in the vicinity Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing;
  • Interstate Route 81 in New York from its intersection with Interstate Route 86 to the United States-Canadian border;
  • Interstate Route 70 from Denver, Colorado, to Salt Lake City, Utah;
  • Oregon 99W Newberg-Dundee Bypass Route between Newberg, Oregon, and Dayton, Oregon; and
  • Interstate Route 205 in Oregon from its intersection with Interstate Route 5 to the Columbia River.

Amends the SAFETEA-LU Technical Corrections Act of 2008 to direct DOT to designate as a future Interstate Route 69 Spur, the Audubon Parkway between Henderson, Kentucky, and Owensboro, Kentucky, and as a future Interstate Route 65 and 66 Spur, the William H. Natcher Parkway between Bowling Green, Kentucky, and Owensboro, Kentucky.

(Sec. 1417) Makes eligible for work zone safety training program grants the development, updating, and delivery of training courses on guard rail installation, maintenance, and inspection.

(Sec. 1418) Amends MAP-21 to direct DOT to set-aside for each of FY2016-FY2020 a specified amount of highway safety improvement program funds before making any apportionment for FHWA administrative expenses.

(Sec. 1419) Amends ISTEA to repeal the requirement for annual reports to Congress on continuing studies of the fundamental chemical and physical properties of petroleum asphalts and modified asphalts used in highway construction.

Amends SAFETEA-LU to repeal the requirement for an annual report to Congress on the express lanes demonstration program.

(Sec. 1420) Authorizes DOT to exercise all existing flexibilities under and exceptions to the requirements for federal-aid highway projects and other DOT administered requirements, in whole or in part.

(Sec. 1421) Requires DOT, in cooperation with states, to develop guidance that encourages the use of programmatic approaches to project delivery, expedited procurement techniques, and other best practices for states and the FHWA to facilitate the timely expenditure of federal funds for federal-aid highway projects.

(Sec. 1422) Directs the FHWA to commission the Transportation Research Board of the National Academy of Sciences to study the performance of bridges funded under the innovative bridge research and construction program in meeting program goals.

(Sec. 1423) Authorizes a state transportation agency to relinquish park-and-ride lot facilities, or portions of them, to a local government agency for highway purposes if authorized to do so under state law, and the relinquishment meets certain requirements.

(Sec. 1424) Authorizes the FHWA to establish a pilot program that allows a state to utilize innovative approaches to maintain the right-of-way of federal-aid highways.

(Sec. 1425) Authorizes states to allow on the IS the maintenance of service club, charitable association, or religious service signs of a certain size, provided the state notifies the FHWA.

(Sec. 1426) Requires the FHWA to appoint a Motorcyclist Advisory Council on infrastructure issues of concern to motorcyclists.

(Sec. 1427) Expresses the sense of Congress that the FHWA should do all it can to protect the safety of construction workers in highway work zones.

(Sec. 1428) Directs DOT to encourage the FHWA to use durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies for federal-aid highway projects.

(Sec. 1429) Requires DOT to study methods for evaluating roadside highway safety hardware devices to improve the data collected on the devices.

(Sec. 1430) Expresses the sense of Congress that DOT should utilize modeling and simulation technology to analyze highway and public transportation projects to ensure that they will reduce congestion and be cost effective.

(Sec. 1431) Directs DOT to:

  • establish a National Advisory Committee on Travel and Tourism Infrastructure, and
  • develop and post on the DOT website a national travel and tourism infrastructure strategic plan.

(Sec. 1432) Exempts from further environmental reviews, approvals, licensing, and permit requirements under specified laws any road, highway, or bridge in operation or under construction that is damaged by a declared emergency and reconstructed in the same location with the same dimensions and design as before the emergency.

(Sec. 1433) Directs the GAO to report to Congress on FHWA administrative expenses funded from the HTF for the last three fiscal years.

(Sec. 1434) Directs DOT to make every required report available on its public website.

(Sec. 1435) Amends MAP-21 to reauthorize the federal share of costs for Appalachian development highway system projects through FY2050. Allows the federal share (currently a flat 100%) to be 100% or less, as determined by the state.

(Sec. 1436) Reauthorizes through FY2020 the Appalachian Regional Development Program.

Authorizes the Appalachian Regional Commission to give technical assistance, make grants, and enter into contracts in the Appalachian region for projects to increase affordable access to broadband networks throughout the Appalachian region and for related projects and activities. Authorizes funding.

(Sec. 1437) Authorizes the governor of a state that shares a border with Canada or Mexico to designate up to 5% of its apportionment of STBGP funds for each fiscal year for border infrastructure projects.

(Sec. 1438) Rescinds permanently on July 1, 2020, $7.569 billion of unobligated federal-aid highway funds apportioned among the states, except certain funds for the highway improvement, railway-highway crossings, and certain other highway programs. Prescribes formulae for determining the amounts to be rescinded among the states and within a state.

(Sec. 1439) Authorizes the take of nesting swallows, between April 1 and August 31 of any year, without individual permit requirements, to facilitate bridge construction or repair projects, provided the Department of the Interior promulgates a regulation under the Migratory Bird Treaty Act to allow this.

(Sec. 1440) Allows recipients or subrecipients of federal-aid highway funds to:

  • incur preliminary preconstruction development and engineering costs for an eligible project before receiving project authorization from the state, and
  • request reimbursement of federal funds after project authorization is received.

(Sec. 1441) Directs DOT to establish a regional infrastructure demonstration program to assist entities in developing improved infrastructure priorities and financing strategies for accelerated development of TIFIA-funded projects.

Authorizes appropriations.

(Sec. 1442) Requires DOT to encourage each state and MPO to adopt design standards and best practices for surface transportation projects that provide safety for users of the surface transportation network.

(Sec. 1443) Expresses the sense of Congress that Congress recognizes the valuable contributions made by the U.S. engineering industry to provide critical technical expertise, innovation, and local knowledge to federal and state agencies in order to deliver surface transportation projects to the public.

(Sec. 1444) Directs the FHWA to continue the Every Day Counts initiative to work with states, local transportation agencies, and industry stakeholders to identify and deploy proven innovative best practices and products that accelerate transportation innovation deployment and project delivery as well as improve the environment and roadway safety.

(Sec. 1445) Amends the Water Resources Reform and Development Act of 2004 to repeal the prohibition against the direct or indirect financing of water resources infrastructure projects receiving federal credit assistance with proceeds of any:

  • obligation the interest on which is tax-exempt, or
  • regarding which a qualified tax credit bond or a Build America Bond is allowable.

(Sec. 1446) Makes various technical corrections to federal transportation laws.

TITLE II--INNOVATIVE PROJECT FINANCE

(Sec. 20001) Amends TIFIA to authorize as an eligible transportation infrastructure project cost the capitalizing of a rural projects fund using proceeds of secured loans made to state infrastructure banks to make loans for rural infrastructure projects.

Revises TIFIA program eligibility requirements, adding projects for:

  • public infrastructure near a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility; and
  • capitalization of a rural projects fund.

Requires DOT to make an expedited application process available to entities seeking secured loans under the TIFIA program.

Requires the reservation of $2 million of TIFIA program funds for highway infrastructure projects anticipated not to exceed $75 million.

Revises and reauthorizes through FY2020 the state infrastructure bank program.

(Sec. 2002) Authorizes DOT to make payments to states pursuant to a long-term concession agreements for construction costs incurred on federal-aid highway projects.

TITLE III--PUBLIC TRANSPORTATION

Federal Public Transportation Act of 2015

(Sec. 3003) Revises requirements for metropolitan as well as statewide and nonmetropolitan transportation planning.

Prescribes requirements for selection of MPO representatives or officials.

Authorizes MPOs serving a transportation management area to develop a congestion management plan that includes projects and strategies that will be considered in the MPO's transportation improvement program.

Treats the Bi-State MPO Region (in and around Lake Tahoe, California and Nevada) as:

  • an MPO,
  • a transportation management area, and
  • an urbanized area (comprising a population of 145,000 in California and of 65,000 in Nevada).

(Sec. 3004) Revises requirements for the urbanized area formula public transportation grant program for an urbanized area with a population of at least 200,000.

Allows each public transportation system that is a party to a written agreement with one or more other public transportation systems within the urbanized area to allocate funds for the operating cost of equipment and facilities by a method other than by measuring vehicle revenue hours to follow the terms of the written agreement without regard to measured vehicle revenue hours.

(Sec. 3005) Revises requirements for the fixed guideway capital investment grants program.

Increases the caps on the cost and level of federal assistance for small start new fixed guideway capital projects or corridor-based bus rapid transit projects eligible for financing under fixed guideway capital investment grants.

Eliminates the prerequisite for a new fixed guideway capital project to advance to the engineering phase that it be supported by policies and land use patterns that promote public transportation.

Requires DOT to make necessary benefit, federal investment, and local financial commitment evaluations and ratings of small start projects, upon project sponsor request, upon completion of an environmental assessment under NEPA.

Includes small start projects in programs of interrelated projects (together with new fixed guideway capital projects and core capacity improvement projects, as currently).

Authorizes DOT to award such grants for new fixed guideway capital projects and core capacity improvement projects for both public transportation and intercity passenger rail service. Sets the federal share of project costs at up to 80%.

Authorizes DOT to award up to eight capital investment grants to states and local governments to assist in financing new fixed guideway capital projects or small start projects and core capacity improvement projects. Prescribes requirements for the expedited approval of such projects. Limits grants for such a project to 25% of the net capital project cost.

(Sec. 3006) Requires DOT to collect from, review, and disseminate best practices and other specified information to public transportation agencies for such projects.

Authorizes DOT to award pilot program grants to eligible recipients to assist in financing innovative projects for the transportation of seniors and disabled individuals that improve the coordination of transportation services and non-emergency medical transportation services. Sets the federal share of project costs at up to 80%.

Directs the DOT Interagency Transportation Coordinating Council on Access and Mobility to publish a strategic plan that:

  • outlines federal agency role and responsibilities regarding local transportation coordination, including non-emergency medical transportation, for seniors and individuals with disabilities;
  • addresses certain Council recommendations, including a cost-sharing policy for grantees; and
  • examines and proposes changes to federal laws that will eliminate federal barriers to local transportation coordination.

(Sec. 3007) Revises requirements for the nonurbanized formula grant program.

Requires DOT to apportion specified amounts of rural formula grants each fiscal year for public transportation on Indian reservations.

Prescribes requirements for the allocation of such grants to multiple Indian tribes providing public transportation on tribal lands in a single Tribal Statistical Area.

(Sec. 3008) Replaces the research, development, demonstration, and deployment grant program with a public transportation innovation grant program.

Requires DOT to award grants for projects and activities to advance innovative public transportation research and development.

Requires demonstration, deployment, or evaluation projects in public transportation to seek, among other things, the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology.

Prohibits any DOT grants for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the project makes significant technological advancements in the vehicle.

Requires DOT to enter into a contract or cooperative agreement with, or make a grant to, at least one institution of higher education to operate a facility to assess components for use in low or no emission vehicles.

Establishes a public transportation cooperative research program. Authorizes DOT to make grants to, and cooperative agreements with, the National Academy of Sciences to carry out public transportation research, development, and technology transfer activities.

(Sec. 3009) Revamps the technical assistance and standards development grant program as the technical assistance and workforce development grant program.

Authorizes DOT to establish a competitive grant program to assist the development of innovative activities that address human resource needs to train and develop the public transportation workforce. Sets the federal share of project costs at 50%.

Directs DOT to establish a national transit institute, and award grants to four-year degree-granting institutions of higher education to carry out institute duties, including to develop training and educational programs for federal, state, and local transportation employees, U.S. citizens, and foreign nationals engaged in federally-assisted public transportation work.

(Sec. 3011) Prohibits the use of grants or loans for public transportation to pay incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on the design team.

Revises Buy America requirements for public transportation projects. Allows DOT to waive such requirements when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) whose cost of components and subcomponents produced in the United States for:

  • FY2016 and FY2017, is more than 60% (as under current law) of the cost of all components of the rolling stock;
  • FY2018 and FY2019, is more than 65% of the cost of all such components; and
  • FY2020 and each fiscal year thereafter, is more than 70% of the cost of all components of such stock.

Prescribes requirements for:

  • calculation of the domestic content of certain rolling stock frames or car shells for waiver purposes, and
  • a certification of domestic supply for denied waiver applications.

(Sec. 3012) Directs DOT to prescribe regulations for project management oversight that include:

  • a requirement that oversight be limited to quarterly reviews of recipient compliance with the project management plan unless the recipient requires more frequent oversight because of specified failures, and
  • a process for recipients that require more frequent oversight to return to quarterly reviews.

(Sec. 3013) Revises requirements for the public transportation safety program.

Includes among the contents of the national public transportation safety plan minimum safety standards, meeting specified criteria, for the safe operation of public transportation systems.

Directs DOT to administer state safety oversight programs for rail fixed guideway public transportation systems determined inadequate of enforcing federal safety regulations or incapable of preventing substantial risk of death or personal injury until the state develops a program as meeting certain requirements.

Authorizes DOT to withhold grants to develop state safety oversight programs from states with programs deemed insufficient, including up to 5% of a state's apportionment of formula public transportation grants for urbanized areas with a population under 200,000.

Authorizes DOT also to take certain enforcement action against a recipient that does not comply with federal law regarding the safety of a public transportation system, including withholding up to 25% of a state's apportionment of urbanized area formula public transportation grants.

Requires DOT to issue restrictions and prohibitions if an unsafe condition or practice is determined to exist and be a substantial risk of death or personal injury in a public transportation system.

(Sec. 3014) Revises formulae for the apportionment of formula public transportation grants to states with urbanized areas with a population of at least 200,000 and urbanized areas with a population under 200,000.

Requires a set-aside of $30 million for each fiscal year for passenger ferry grants.

(Sec. 3015) Sets the federal share of costs at 80% for state of good repair capital projects for high intensity fixed guideways and for high intensity motorbuses.

(Sec. 3016) Reauthorizes through FY2020 the research, development demonstration, and deployment program.

Extends:

  • formula grants for public transportation, including allocations for specified projects;
  • technical assistance and standards development and training grants;
  • capital investment grants; and
  • authorization for administrative expenditures.

(Sec. 3017) Allocates certain amounts to states and territories for FY2016-FY2020 for formula bus and bus facilities grants.

Requires DOT to carry out a state pool pilot grant program for eligible recipients or state or local governmental entities in urbanized areas with a population of between 200,000 and 999,999 to support their transit asset management plans.

Revises requirements for competitive grants to eligible recipients for bus and bus facilities capital projects. Authorizes competitive grants for low or no emission bus projects.

(Sec. 3018) Limits obligational ceilings for FY2016-FY2020 for:

  • formula grants for public transportation, including allocations for specified projects; and
  • grants for installation of positive train control systems.

(Sec. 3019) Authorizes states (lead procurement agencies) and grantees of public transportation assistance may enter into a cooperative procurement contracts with one or more vendors for the purchase of rolling stock (railroad cars) and related equipment.

Directs DOT to establish a pilot program for lead nonprofit entities similarly to enter into such contracts for such stock and equipment.

Authorizes grantees to enter into capital leases for:

  • the costs of rolling stock or related equipment, and
  • certain zero emission vehicle components.

(Sec. 3020) Directs DOT to:

  • begin a review of the efficacy of existing safety standards and protocols used in rail fixed guideway public transportation systems, and
  • evaluate the need to establish additional federal minimum public transportation safety standards after conducting the review.

(Sec. 3021) Requires DOT to enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine to evaluate whether it is in the public interest to withhold certain evidentiary public transportation safety program information in federal and state court proceedings.

(Sec. 3022) Directs DOT, after publication of a report required by Sec. 3020, to issue a notice of proposed rulemaking on protecting public transportation operators from the risk of assault.

(Sec. 3023) Declares that any paratransit systems currently coordinating complementary paratransit service for more than 40 fixed route agencies shall be permitted to continue using an existing tiered, distance-based coordinated paratransit fare system if the fare is not increased by a greater percentage than any increase to the fixed route fare for the largest transit agency in the complementary paratransit service area.

(Sec. 3024) Requires DOT to report to Congress on the potential of the Internet of Things to improve transportation services in rural, suburban, and urban areas. (The Internet of Things is the network of physical devices, vehicles, buildings and other items embedded with electronics, software, sensors, actuators, and network connectivity that enable these objects to collect and exchange data.)

(Sec. 3025) Requires DOT to study parking safety at specified alternative transportation facilities and locations.

(Sec. 3026) Grants DOT sole authority to appoint Federal Directors to the Board of Directors of the Washington Metropolitan Area Transit Authority (WMATA).

Directs parties to the WMATA Compact to amend it to reflect such authority.

(Sec. 3027) Directs the GAO to evaluate the impact that MAP-21 changes had on public transportation, including the effectiveness of public transportation agencies to:

  • furnish public transportation to low-income workers in accessing jobs and use reverse commute services; and
  • support services to low-income riders to access jobs, medical services, and other life necessities.

(Sec. 3028) Makes $199 million available from the HTF Mass Transit Account for FY2017 for competitive grants for the installation of PTC systems.

(Sec. 3030) Amends MAP-21 to repeal:

  • the pilot program for expedited new fixed guideway capital project or a core capacity improvement project delivery,
  • the transit cooperative research program,
  • requirements for public transportation facility projects for bicycles, and
  • human resources and training programs in public transportation.

TITLE IV--HIGHWAY TRAFFIC SAFETY

(Sec. 4001) Reauthorizes appropriations from the Highway Trust Fund (HTF) (other than the Mass Transit Account) for FY2016-FY2020 for National Highway Traffic Safety Administration (NHTSA) safety programs, including:

  • the highway safety research and development program,
  • national priority safety programs,
  • the National Driver Register,
  • the High Visibility Enforcement Program, and
  • NHTSA administrative expenses.

(Sec. 4002) Revises highway safety program requirements.

Requires state highway safety programs to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities.

Requires states with installed automated traffic enforcement systems to expend the apportionment of highway safety program funds to conduct a biennial survey of such systems, and make it available on DOT's website.

Directs DOT, in coordination with the Governors Highway Safety Association, to develop procedures to allow states to submit highway safety plans electronically.

Reduces from 60 to 45 the number of days during which DOT must review and approve state highway safety plans it has received.

Revises teen traffic safety requirements.

(Sec. 4003) Revises the highway safety research and development program.

Directs NHTSA (which currently is merely authorized) to carry out collaborative research on in-vehicle alcohol detection technology to prevent alcohol-impaired driving. Directs DOT to obligate up to a certain amount of funds for the period FY2017-FY2020 to related research.

Requires DOT to establish procedures and guidelines to ensure that persons participating in a program or activity that collects data on drug or alcohol use by motor vehicle drivers are informed that the program or activity is voluntary.

Sets the federal share of project costs at 100%.

(Sec. 4004) Directs DOT to establish a high-visibility enforcement program under which at least three high-visibility traffic safety law enforcement campaigns will be carried out for FY2016-FY2020.

Requires each campaign to achieve at least one of the following objectives:

  • reduce alcohol-impaired or drug-impaired driving, and
  • increase the use of seatbelts.

(Sec. 4005) Revises national priority safety programs requirements.

Specifies allocations of national priority safety program funds for occupant protection, state traffic safety information system improvements, impaired driving countermeasures, distracted driving, motorcyclist safety, state graduated driver licensing laws, and nonmotorized safety.

Increases from 75% to 100% the amount of the apportionment of occupant protection grants a state may use for state highway safety programs.

Revises requirements for impaired driving countermeasures incentive grants.

Requires DOT to award separate grants to each state that:

  • adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or driving while intoxicated to receive a restriction on driving privileges, and
  • provides a 24-7 sobriety program.

Prescribes funding requirements.

Directs DOT to award distracted driving incentive grants to states that include distracted driving awareness as part of the state's driver's license examination, and enact and enforce a law that:

  • prohibits drivers (including those under age 18) from texting through a personal wireless communications device (including a cell phone, but not a global navigation satellite [GPS] system receiver) while driving (with specified emergency exceptions),
  • makes a violation a primary offense,
  • establishes a minimum fine, and
  • does not provide an exemption that allows a driver to text through a personal wireless communication device while stopped in traffic.

Revises motorcyclist safety incentive grant requirements.

Requires the allocation of motorcyclist safety grant funds to a state to be in proportion to the state's apportionment of highway safety program funds for FY2009, except that the grant amount may not exceed 25% of the apportionment for FY2009.

Directs DOT to update and give states model language to use in traffic safety education courses, driver's manuals, and other driver training materials instructing motor vehicle operators on the importance of sharing the road safely with motorcyclists.

Revises minimum requirements for state graduated driver licensing incentive grant programs.

Requires DOT to award incentive grants to states with graduated driving licensing laws that require novice drivers under age 18 (currently, under age 21) to comply with a two-stage licensing process before receiving an unrestricted driver's license.

Requires such laws, at a minimum, to include a learner's permit stage that:

  • makes a violation of the prohibition against using a personal wireless communications device while driving (with specified emergency exceptions) a primary offense,
  • requires applicants to pass a vision and knowledge assessment before receiving a learner's permit,
  • requires the driver to be accompanied and supervised at all times while operating the motor vehicle by a licensed driver at least age 21 or by a state-certified driving instructor,
  • requires the driver to complete a state-certified driver education or training course or obtain at least 50 hours of behind-the-wheel training (with at least 10 hours at night), with a licensed driver; and
  • remains in effect until the driver attains age 16 and enters the intermediate stage, or attains 18.

Requires such laws also to include an intermediate permit stage that:

  • begins immediately after successful completion of a driving skills assessment,
  • makes a violation of the prohibition against using a personal wireless communications device while driving (with specified emergency exceptions) a primary offense,
  • restricts driving at night between the hours of 10:00 p.m. and 5:00 a.m. when not supervised by a licensed driver age 21 or older (with specified exceptions) for the first six months of the intermediate stage, and
  • remains in effect until the driver attains age 17.

Directs DOT to award nonmotorized safety grants to states for projects to decrease pedestrian and bicycle fatalities and injuries resulting from crashes with motor vehicles. Sets the federal share of project costs at up to 80%.

(Sec. 4006) Directs DOT to develop a process to identify and mitigate possible systemic issues across state and regional offices by reviewing recommendations identified in triennial state management reviews of state highway safety programs.

(Sec. 4007) Prohibits DOT from providing grants or funds to any state, county, town, township, Indian tribe, municipality, or other local government for use in any program to check helmet usage or create checkpoints for a motorcycle driver or passenger.

(Sec. 4008) Directs DOT to study marijuana-impaired driving.

(Sec. 4009) Directs the NTHSA to identify and carry out additional actions it should undertake to assist state efforts to increase public awareness of the dangers of drug-impaired driving, including the dangers of driving while under the influence of heroin or prescription opioids.

(Sec. 4010) Directs DOT to make available to the public on the DOT website information on states awarded national priority safety program grants.

(Sec. 4011) Amends SAFETEA-LU regarding grants to states for costs of collecting and evaluating traffic stop data based on race of motor vehicle driver and any passenger.

Repeals authority to use grant funds to develop and implement programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers.

Directs DOT to set-aside $7.5 million of highway safety research and development funds for each of FY2017-FY2020 to carry out this grant program.

Authorizes reallocation of such amounts remaining available before the end of the fiscal year to increase the amounts made available to carry out other highway safety research and development activities.

(Sec. 4012) Directs DOT to report to Congress on NTHSA progress toward reviewing and implementing recommendations made in a GAO report on the National Roadside Survey of alcohol and drug use by drivers.

(Sec. 4013) Directs NHTSA to report on any barriers to collecting data on the prevalence of the use of wireless communications devices while driving.

TITLE V--MOTOR CARRIER SAFETY

Subtitle A--Motor Carrier Safety Grant Consolidation

(Sec. 5101) Revises requirements for the motor carrier safety assistance grant program.

Directs DOT to publish approved state multiple-year motor carrier safety improvement plans, and annual updates, on the DOT public website.

Authorizes DOT, in lieu of withdrawing approval of noncompliant state plans, to withhold from such states, for the fiscal year, graduated percentages of grant program funds.

Directs DOT to administer a financial assistance program for discretionary grants to and cooperative agreements with states, local governments, federally-recognized Indian tribes, and other persons to carry out high priority motor carrier safety activities and projects.

Requires DOT to establish a program of discretionary grants to states for the innovative technology deployment of commercial motor vehicle information systems and networks.

Revises requirements for reimbursement of a state, from a related grant, for 80% of the costs of developing and implementing programs to improve commercial motor vehicle safety and enforce commercial motor vehicle regulations, standards, or orders. Replaces this program with commercial motor vehicle operators grants to programs to train individuals in the safe operation of commercial motor vehicles.

Authorizes appropriations from the Highway Trust Fund (HTF) (other than the Mass Transit Account) for FY2017-FY2020 for FMCSA Financial Assistance Programs, including:

  • the motor carrier safety assistance grant program,
  • the high priority activities program,
  • the commercial motor vehicle operators grant program, and
  • the commercial driver's license program implementation grant program (established in this title).

Repeals specified commercial motor vehicle safety programs.

(Sec. 5102) Renames the performance and registration information program as the performance and registration information systems management program.

(Sec. 5103) Reauthorizes appropriations from HTF (other than the Mass Transit Account) for FY2016-FY2020 for FMCSA administrative expenses.

Authorizes DOT to conduct an outreach and education program administered by the FMCSA.

(Sec. 5104) Revises the program of financial assistance grants to states to implement the commercial driver's license program.

Repeals the authorization for grants in a fiscal year to state agencies, local governments, or persons to cover 100% of the costs of priority research, development or testing, demonstration projects, public education, or other special activities relating to commercial driver's licensing and motor vehicle safety.

(Sec. 5105) Reauthorizes appropriations from the HTF (other than the Mass Transit Account) for FY2016 for the motor carrier safety assistance grant program.

Amends SAFETEA-LU to reauthorize through FY2016 appropriations from the HTF (other than the Mass Transit Account) for FMCSA programs, including:

  • the commercial driver's license program improvement grants program,
  • border enforcement grants,
  • the performance and registration information systems management grant program,
  • the commercial vehicle information systems and networks deployment program (also known as the innovative technology deployment program), and
  • safety data improvement grants.

Extends through FY2016 the set-aside of certain funds for:

  • high priority activities and projects to improve commercial motor vehicle safety and compliance with federal commercial motor vehicle safety regulations; and
  • new entrant motor carrier audit grants.

Reauthorizes through FY2016 appropriations from the HTF (other than the Mass Transit Account) for the commercial motor vehicle operators grant program.

(Sec. 5106) Directs DOT to establish a motor carrier safety assistance program formula working group to analyze requirements and factors for a new motor carrier safety assistance program allocation formula based on specified factors.

Prescribes requirements for program funding before development of a new allocation formula.

(Sec. 5107) Directs DOT, if a new allocation formula has not been established for the pertinent fiscal year, to calculate for FY2017 and ensuing fiscal years the maintenance of effort baseline for funding the lead state agency responsible for administering the motor carrier safety assistance plan.

Allows DOT, at state request, beginning when a new allocation formula for the program is established, to waive or modify the baseline maintenance of effort required of the state if a waiver or modification:

  • is equitable due to reasonable circumstances,
  • will ensure the continuation of commercial motor vehicle enforcement activities in the state, and
  • is necessary to ensure that the total amount of state maintenance of effort and matching expenditures required does not exceed a specified sum.

Subtitle B--Federal Motor Carrier Safety Administration Reform

Part I--Regulatory Reform

(Sec. 5201) Revises requirements for a notice to DOT of cancellation of liability insurance for motor carriers, brokers, or freight forwarders. Grants DOT authority to suspend, as an alternative to revoking, the registration of the motor carrier, broker, or freight forwarder because of the lapse and subsequent cancellation of liability insurance.

(Sec. 5202) Prescribes requirements for public participation, particularly participation by segments of the motor carrier industry, in FMCSA rulemaking as well as for an impact analysis of every proposed or final rule.

(Sec. 5303) Requires each FMCSA guidance document to:

  • contain certain information, including point of contact information; and
  • be published on the DOT website.

Directs the FMCSA, at least once every five years, to review its guidance documents to determine whether they are consistent and clear, uniformly and consistently enforced, and still necessary.

Defines "guidance document" to mean a FMCSA document that:

  • presents an interpretation of a FMCSA regulation, or
  • includes a FMCSA enforcement policy.

(Sec. 5204) Directs the FMCSA to publish on the DOT website a summary of all submitted petitions for regulatory action, and respond to petitions within 180 days of publication.

(Sec. 5205) Directs the FMCSA to revise federal safety fitness regulations for motor carriers to incorporate by reference the certification standards for roadside inspectors issued by the Commercial Vehicle Safety Alliance.

(Sec. 5206) Authorizes DOT to grant an exemption from commercial motor vehicle safety regulations for up to five years, with renewals for an additional five years.

Authorizes DOT also to make permanent certain exemptions for:

  • perishable construction products,
  • transport of commercial bee hives, and
  • safe transport of livestock.

Part II--Compliance, Safety, Accountability Reform

(Sec. 5221) Directs the FMCSA to commission the National Research Council of the National Academies to study the the Compliance, Safety, Accountability (CSA) program and the Safety Measurement System (SMS).

Requires the Council, in conducting this study, to analyze:

  • the accuracy with which the Behavior Analysis and Safety Improvement Categories (BASIC) identify high risk carriers and predict future crash risk or other safety indicators for motor carriers and the highest risk carriers; and
  • existing data collection gaps or data sufficiency problems and their impact on the efficacy of the CSA program.

Directs the FMCSA, after submission of a report identifying any deficiency or opportunity for improvement in the CSA program or SMS, to submit a corrective action plan to Congress that identifies how the FMCSA will address those deficiencies or opportunities.

(Sec. 5222) Directs the FMCSA to develop a process for identifying and reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for use by motor carriers to receive recognition, credit, or an improved SMS percentile.

(Sec. 5223) Declares that no information regarding analysis of violations, not-at-fault commercial motor vehicle crashes, alerts, or the relative percentile for each BASIC developed through the CSA program may be made available to the general public until the DOT Inspector General certifies that, among other things, any deficiencies identified in the report containing the results of the correlation study required by this subtitle have been addressed and the corrective action plan has been implemented.

(Sec. 5224) Directs the FMCSA to develop functional specifications to ensure the consistent and accurate input of data into systems and databases relating to the CSA program.

(Sec. 5225) Directs the FMCSA, not later than one year after making the certification required under this subtitle, to task the Motor Carrier Safety Advisory Committee with reviewing the treatment of preventable crashes under the SMS. Requires the Committee to make recommendations to DOT on a process to allow motor carriers and drivers to request the FMCSA to make a determination regarding the preventability of a crash.

Subtitle C--Commercial Motor Vehicle Safety

(Sec. 5301) Directs DOT to revise certain federal regulations prohibiting obstructions to a driver's field of view to exempt from those prohibitions the voluntary mounting on a windshield of vehicle safety technology likely to achieve a level of safety equivalent to or greater than what would be achieved without the exemption.

(Sec. 5302) Directs the FMCSA to prioritize the completion of each outstanding statutory rulemaking before beginning any other rulemaking unless there is a significant need for the other rulemaking and Congress is notified.

(Sec. 5303) Directs GAO to report to Congress on the cost and feasibility of establishing a self-reporting system for commercial motor vehicle drivers or motor carriers regarding en route equipment failures.

(Sec. 5304) Directs DOT to assess the effectiveness of the new operator safety review program and publish the results, including any recommendations, on DOT's website.

(Sec. 5305) Requires DOT to ensure that a review is completed on each motor carrier that demonstrates through performance data for four consecutive months that it poses the highest safety risk.

(Sec. 5306) Directs DOT to convene a working group of state representatives or state law enforcement officials, as well as representatives of industry, labor, safety advocates, and other interested individuals, to review the data elements of post-accident reports for tow-away accidents involving commercial motor vehicles that are reported to the federal government.

(Sec. 5307) Directs DOT to report to Congress regarding each commercial motor vehicle safety rulemaking:

  • with a statutory deadline, an explanation of why the deadline was not met as well as the expected date of completion, and
  • without a statutory deadline, an expected date of completion.

Subtitle D--Commercial Motor Vehicle Drivers

(Sec. 5401) Directs DOT to modify federal minimum standards for safety fitness of commercial motor vehicle operators to:

  • exempt former armed forces or reserve members over age 21 from part or all of a driving test if they had prior armed forces or reserve experience driving vehicles similar to a commercial motor vehicle,
  • allow members to apply for an exemption during the one-year period after the member separated from service, and
  • credit the training and knowledge received by members driving vehicles similar to commercial vehicles during their service for purposes of satisfying minimum standards for training and knowledge for the safe operation of commercial motor vehicles.

(Sec. 5402) Revises the requirement that motor carriers conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for controlled substances or alcohol.

Allows motor carriers to use hair testing as an acceptable alternative to mandatory urinalysis for detecting use of controlled substances by an operator, but only for preemployment testing and random testing (and the latter only if the motor carrier tested the operator at preemployment using the same method).

Requires DOT to permit an exemption from hair testing for operators with established religious beliefs that prohibit the cutting or removal of hair.

Requires DOT to develop requirements for laboratories and testing procedures for controlled substances that include mandatory guidelines that establish, among other things, laboratory protocols and cut-off levels for hair testing to detect the use of such a substance.

Directs the Department of Health and Human Services to issue scientific and technical guidelines for hair testing as a method for detecting the use of controlled substances.

(Sec. 5403) Authorizes a qualified Department of Veterans Affairs physician to perform a medical examination and provide a medical certificate to comply with medical standards and guidelines for the physical qualifications of operators of commercial motor vehicles.

Directs DOT to develop a process for including qualified physicians on the National Registry of Medical Examiners.

(Sec. 5404) Directs DOT to establish a commercial driver pilot program to study the feasibility, benefits, and safety impacts of allowing a covered driver to operate a commercial motor vehicles.

Defines "covered driver" to mean an individual:

  • between 18 and 21,
  • who is a member of the armed forces or reserves, and
  • qualified in a Military Occupational Specialty to operate a commercial motor vehicle or similar vehicle.

Directs DOT to collect and analyze data relating to accidents involving drivers participating in the pilot program.

Prohibits drivers from:

  • transporting passengers or hazardous cargo, or
  • operating a vehicle in special configuration.

Directs DOT to establish a working group to evaluate the pilot program.

Subtitle E--General Provisions

(Sec. 5501) Directs the DOT Inspector General to report to Congress on the average length of time that commercial motor vehicle operators are delayed before the loading and unloading of vehicles and at other points in the pick-up and delivery process.

(Sec. 5502) Directs the DOT to establish a working group to determine best practices for expeditious state approval of special permits for emergency response and recovery vehicles that exceed federal and state truck length or width limits to operate safely on designated emergency routes.

(Sec. 5503) Directs DOT to establish a working group to develop recommendations on how best to convey to consumers information on federal laws about the interstate transportation of household goods by motor carrier.

(Sec. 5504) Directs GAO to conduct an analysis of FMCSA's information technology and data collection and management systems.

(Sec. 5505) Directs DOT to report to Congress on DOT actions to process motor carrier registration applications within 30 days after receipt.

(Sec. 5506) Directs the FMCSA to report to Congress on skills testing delays for commercial driver's license applicants.

(Sec. 5507) Revises electronic logging device requirements.

Permits a motor carrier to require its drivers to comply with federal hours of service requirements by using either a paper record of duty status form or an electronic logging device when transporting a motor home or recreation vehicle trailer in a driveaway-towaway operation (in which an empty or unladen motor vehicle with one or more sets of wheels is being transported between specified business facilities).

(Sec. 5509) Directs DOT to take certain actions before initiating a rulemaking to change the minimum levels of financial responsibility for motor carriers of property and motor carriers of passengers.

(Sec. 5510) Directs DOT to study the safety operations, fire suppression capability, tire loads, and pavement impacts of operating a double-decker motorcoach with rear-attached passenger luggage rack.

(Sec. 5511) Directs GAO to submit to Congress a review of school bus safety.

(Sec. 5512) Authorizes the FMCSA to request the chief driver licensing official of a state to provide driver record information on an individual from the National Driver Register in connection with an FMCSA safety investigation.

(Sec. 5513) Directs DOT to report to Congress regarding the design, development, testing, and implementation of wireless roadside inspection systems.

(Sec. 5514) Waives federal preemption to allow states to regulate tow truck operations performed without the prior consent or authorization of the owner or operator of the towed motor vehicle.

(Currently, states are allowed to regulate only the price of for-hire motor vehicle transportation by a tow truck if the transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.)

(Sec. 5515) Directs the FMCSA to study the safety effects of motor carrier operator commutes exceeding 150 minutes.

(Sec. 5516) Requires South Dakota to be given the opportunity to update designated routes on the federal-aid primary system highways, as long as the update shifts routes to divided highways or does not increase centerline miles more than 5%, and is expected to increase safety performance.

(Sec. 5517) Directs DOT to publish on its website a report on federal minimum financial responsibility requirements for motor carriers transporting property.

(Sec. 5518) Revises requirements exempting certain farm vehicles from federal commercial motor vehicle safety requirements.

(Sec. 5519) Declares that the maximum hours of service for a commercial motor vehicle driver of an internal rail flaw detection vehicle equipped with flange hi-rails (hi-rail vehicle) shall not include time in transportation to or from a duty assignment provided it:

  • does not exceed 2 hours per day or a total of 30 hours per month, and
  • is fully accounted for in the motor carrier records and are made available upon request of the FMCSA or the Federal Railroad Administration (FRA).

(Sec. 5520) Revises federal vehicle length limitations for trucks.

Declares that an automobile transporter shall not be prohibited from transporting cargo or general freight on a backhaul (the return trip of a vehicle transporting cargo or general freight, especially when carrying goods back over all or part of the same route), so long as it complies with federal weight limitations for truck tractors and semitrailer combinations operating on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways and qualifying federal-aid primary system highways.

Prohibits states from prescribing or enforcing a regulation that imposes a vehicle length limitation of less than 80 feet on a stinger-steered automobile transporter with a front overhang of less than 4 feet and a rear overhang of less than 6 feet.

(Sec. 5521) Declares that certain commercial motor vehicle safety reporting and recordkeeping requirements shall not apply to drivers of ready mixed concrete delivery vehicles provided certain requirements are met.

(Sec. 5522) Amends the Motor Carrier Safety Improvement Act of 1999 to exempt from federal maximum driving and on-duty time requirements drivers of trucks transporting construction materials and equipment to or from an active construction site within a 75 (currently, 50) air mile radius of the driver's normal work reporting location.

Authorizes a state, upon notice to DOT, to establish a different air mile radius limitation if the limitation is between 50 and 75 air miles and driver movements are taken place entirely within the state.

(Sec. 5523) Revises federal vehicle length limitations to prohibit states from prescribing or enforcing a regulation that imposes an overall length limitation of less than 82 feet on a towaway trailer transporter combination operating on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways and qualifying federal-aid primary system highways.

Defines "trailer transporter towing unit" as a power unit not used to carry property when operating in a towaway trailer transporter combination.

Defines "towaway trailer transporter combination" as a combination of vehicles consisting of a trailer transporter towing unit and two trailers or semitrailers:

  • with a total weight not exceeding 26,000 pounds; and
  • which carry no property and constitute inventory property of a manufacturer, distributor or dealer of such trailers or semitrailers.

(Sec. 5524) Prescribes requirements to exempt certain welding trucks used in the pipeline industry from specified federal commercial motor vehicle requirements for motor carrier registration, driver qualifications, commercial motor carrier safety, maintenance and repair, and maximum driving hours and on duty time.

(Sec. 5525) Directs DOT to report to Congress on the safety and enforcement impacts of specified sections of this Act.

TITLE VI--INNOVATION

Transportation for Tomorrow Act of 2015

(Sec. 6002) Authorizes appropriations out of the HTF (other than the Mass Transit Account) for FY2016-FY2020 for:

  • the highway research and development program,
  • the technology and innovation deployment program,
  • training and education,
  • the intelligent transportation systems (ITS) program,
  • the university transportation centers program,
  • the Bureau of Transportation Statistics (BTS), and
  • FHWA administration.

(Sec. 6003) Directs DOT to obligate specified funds for FY2016-FY2020 for the accelerated implementation and deployment of pavement technologies program.

Directs DOT to report annually on the cost and benefits from deployment of new technology and innovations that result from the program.

(Sec. 6004) Directs DOT to establish an advanced transportation and congestion management technologies deployment initiative to award grants to a state or local government, transit agency, metropolitan planning organization representing a population over 200,000, or other state or local government subdivisions or a multijurisdictional group or consortia of research institutional or academic institutions.

(Sec. 6005) Revises certain ITS purposes, goals, and reporting requirements.

(Sec. 6010) Prescribes requirements for development of ITS infrastructure.

(Sec. 6011) Establishes the position of Assistant Secretary of Transportation for Research and Technology.

(Sec. 6012) Repeals the authorization and mandate for a Research and Innovative Technology Administration.

(Sec. 6013) Directs DOT to maintain an online course curriculum to train public sector emergency response and preparedness teams in hazardous material (hazmat) transportation.

(Sec. 6014) Authorizes DOT, as part of the hazardous material technical assessment, research and development, and analysis program, to carry out cooperative research on hazmat transport.

(Sec. 6015) Eliminates the Office of Intermodalism of the Research and Innovative Technology Administration [Office of the Assistant Secretary for Research and Technology of DOT].

(Sec. 6016) Revises requirements for the university transportation centers program.

(Sec. 6017) Declares that the BTS shall not be required to obtain the approval of any other officer or employee of:

  • DOT with respect to the collection or analysis of any information, or
  • the U.S. government, before publication, with respect to the substance of any statistical technical reports or press releases lawfully prepared by the BTS.

Grants the BTS a significant role in the disposition and allocation of its authorized budget, including:

  • all hiring, grants, cooperative agreements, and contracts awarded by the BTS; and
  • the disposition and allocation of amounts paid to the BTS for cost-reimbursable projects.

(Sec. 6018) Directs the BTS to establish a port performance statistics program to provide nationally consistent measures of performance of at least the nation's top 25 ports by tonnage, its top 25 ports by 20-foot equivalent unit, and its top 25 ports by dry bulk.

Directs the BTS to collect monthly port performance measures for each specified U.S. port that receives federal assistance or is subject to federal regulation to report annually to the BTS on statistics on capacity and throughput.

(Sec. 6019) Requires the head of each DOT modal administration and joint program office to submit an annual modal research plan for approval to the DOT Assistant Secretary for Research and Technology (Assistant Secretary).

Prohibits DOT from expending funds on research determined by the Assistant Secretary to be duplicative unless:

  • the research is required by an Act of Congress,
  • it was part of a contract funded before enactment of this Act,
  • it updates previously commissioned research, or
  • the Assistant Secretary certifies to Congress that it is necessary.

Directs DOT shall publish annually, on a public website, a comprehensive database of all DOT research projects, including research funded through University Transportation Centers.

Requires DOT to develop a five-year transportation research and development (R&D) strategic plan.

(Sec. 6020) Directs DOT to establish a program to award grants to states to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain the long-term solvency of the HTF.

(Sec. 6021) Directs DOT to enter into an agreement with the Transportation Research Board of the National Academies to study actions needed to upgrade and restore the Dwight D. 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 21st century.

(Sec. 6022) Authorizes DOT to study the impact of pavement durability and sustainability on vehicle fuel consumption, vehicle wear and tear, road conditions, and road repairs.

(Sec. 6023) Authorizes DOT to convene a transportation technology policy interagency working group.

(Sec. 6024) Authorizes DOT to solicit the support of other federal research agencies and national laboratories to assist in the pursuit and resolution of identified research challenges.

(Sec. 6025) Directs GAO to assess the status of autonomous transportation technology policy developed by U.S. public entities.

(Sec. 6026) Authorizes DOT to conduct research on the reduction of traffic congestion.

(Sec. 6027) Authorizes DOT to study digital technologies and information technologies, including shared mobility, data, transportation network companies, and on-demand transportation services to develop best practices for use of such information and technology in the planning of smart cities.

(Sec. 6028) Directs the FHWA to develop data sets and analysis tools to assist MPOs, states, and the FHWA in carrying out performance management analyses of federal-aid highways.

TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

Hazardous Materials Transportation Safety Improvement Act of 2015

Subtitle A--Authorizations

(Sec. 7101) Reauthorizes DOT hazmat transportation safety projects for FY2016-FY2020.

Authorizes DOT to make certain expenditures, including an amount for hazmat training grants, from the Hazardous Materials Emergency Preparedness Fund.

Directs DOT to withhold a specified amount of funds for each fiscal year for competitive community safety grants.

Subtitle B--Hazardous Material Safety and Improvement

(Sec. 7201) Revises requirements for safe hazmat transportation.

Authorizes DOT to waive compliance with federal hazmat transportation safety standards, without prior notice and comment, if DOT determines that:

  • it is in the public interest and not inconsistent with the safety of transporting hazmat, and
  • is necessary for the safe movement of hazmat into, from, and within an area declared a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

(Sec. 7202) Prohibits DOT from denying a non-temporary safety permit to a motor carrier transporting hazmat based on a comprehensive review of the carrier triggered by safety management system scores or out-of-service disqualification standards, unless:

  • the carrier has the opportunity, before the denial, to submit a corrective action plan; and
  • the plan is insufficient to address safety concerns in the course of the review.

(Sec. 7203) Revises requirements for DOT planning and training grants to states and Indian tribes to:

  • carry out hazmat emergency plans, and
  • train public sector employees to respond to hazmat accidents and incidents.

(Sec. 7204) Requires DOT to:

  • publish, and make public on DOT's website, notice of the filing of an application for a new special permit (under current law, application for a special permit) or a modification to an existing special permit authorizing a variance from federal regulations for the transportation of hazmat, and
  • give the public an opportunity to inspect the safety analysis and comment on the application for 15 days.

Decreases from 180 days to 120 days (after the first day of the month following the filing of an application) the deadline by which DOT must issue, renew, or deny a special permit.

Directs DOT periodically, but at least every 120 days, to:

  • publish notice of the final disposition of each application for a new special permit, modification to an existing special permit, or approval during the preceding quarter; and
  • make publicly available on the DOT website notice of the final disposition of any other special permit during the preceding quarter.

(Sec. 7205) Directs DOT to make available biennially on the DOT website (instead of to specified congressional committees) a comprehensive report on hazmat transportation for the preceding two calendar years.

(Sec. 7206) Directs DOT to withdraw a certain proposed rule described in the notice of proposed rulemaking issued on January 27, 2011, entitled "Safety Requirements for External Product Piping (wetlines) on Cargo Tanks Transporting Flammable Liquids."

Declares that nothing in this requirement shall prohibit DOT from issuing standards or regulations regarding the safety of wetlines on cargo tanks transporting flammable liquids after the withdrawal is carried out.

(Sec. 7207) Directs GAO to study the standards, metrics, and protocols that DOT uses to regulate the performance of persons ("third-party labs") approved to recommend hazard classifications for the transportation of new explosives.

(Sec. 7208) Directs DOT to allow states, at their discretion, to waive the requirement for a holder of a Class A commercial driver's license to obtain a hazmat endorsement, as long as certain requirements are met.

Subtitle C--Safe Transportation of Flammable Liquids by Rail

(Sec. 7301) Directs DOT to establish a competitive program for the award of community safety grants to nonprofit organizations for:

  • national outreach and training programs to assist communities in preparing for and responding to accidents and incidents involving the transportation of hazardous materials, including Class 3 flammable liquids by rail; and
  • training state and local personnel responsible for enforcing the safe transportation of hazmat, including Class 3 flammable liquids by rail.

(Sec. 7302) Directs DOT to issue regulations requiring Class I railroads transporting hazmat to:

  • generate accurate, real-time, and electronic train consist information, including emergency response information;
  • grant each applicable fusion center secure access to such information;
  • require each such fusion center to supply that information to state and local first responders, emergency response officials, and law enforcement personnel involved in the response to or investigation of an accident, incident, or public health or safety emergency involving the rail transportation;
  • require each Class I railroad to give advanced notification and information on high-hazard flammable trains to each state emergency response commission; and
  • prescribe requirements for further transmission of such information to specified first responders, officials, and personnel.

(Sec. 7303) Directs GAO to study whether weaknesses exist in the emergency response information carried by train crews transporting hazmat.

(Sec. 7304) Requires the phase-out by specified deadlines of all DOT-111 specification (non-pressurized) railroad tank cars transporting Class 3 flammable liquids not retrofitted to meet DOT-117, DOT-117P, or DOT-117R design specifications established by the May 2015 final rule for the safe transportation of flammable liquids by rail.

(Sec. 7305) Directs DOT to issue regulations to require each tank car built to meet the DOT-117 specification and each non-jacketed tank car modified to meet the DOT-117R specification to be equipped with an insulating blanket with at least one-half inch thick DOT-approved material.

(Sec. 7306) Requires top fittings for DOT-117R tank cars, with specified exceptions, to be located inside a protective housing not less than one-half inch in thickness and constructed of material having a tensile strength not less than 65 kilopound per square inch and meeting certain other specifications.

(Sec. 7307) Directs DOT to notify Congress on the status of a certain rulemaking on oil spill response plans.

(Sec. 7308) Directs DOT to implement a reporting requirement to monitor industry-wide progress toward modifying rail tank cars transporting Class 3 flammable liquids by specified deadlines.

(Sec. 7309) Directs the Department of Energy, in cooperation with DOT, and within 180 days after completion of the comprehensive Crude Oil Characteristics Research Sampling, Analysis, and Experiment Plan study at Sandia National Laboratories, to report to Congress on it and its recommendations.

(Sec. 7310) Directs DOT to initiate a study on the levels and structure of insurance for railroad carriers transporting hazmat.

(Sec. 7311) Directs the GAO to evaluate independently any electronically controlled pneumatic (ECP) brake systems, pilot program data, and DOT research and analysis on the costs, benefits, and effects of such systems.

Directs DOT to enter into an agreement with the National Academy of Sciences to complete testing of ECP brake systems during emergency braking application, including more than 1 scenario involving the uncoupling of a train with 70 or more DOT-117 specification or DOT-117R specification tank cars.

Defines "ECP brake system" as a train power braking system actuated by compressed air and controlled by electronic signals from the locomotive or an Depancreatizing device to the cars in the consist for service and emergency applications in which the brake pipe is used to provide a constant supply of compressed air to the reservoirs on each car but does not convey braking signals to the car.

Requires DOT to incorporate evaluation results fully and update the regulatory impact analysis of the final rule issued on May 8, 2015, entitled "Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains," especially the costs, benefits, and effects of the applicable ECP brake system requirements.

TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

(Sec. 8001) Directs DOT to develop, update every five years, and publish on its website a national freight strategic plan.

Revises requirements for the National Multimodal Freight Network, freight investment plans and transportation investment data and planning tools.

TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

(Sec. 9001) Directs DOT to establish:

  • a National Surface Transportation and Innovative Finance Bureau to promote innovative financing best practices and provide assistance from infrastructure finance programs, the railroad rehabilitation and improvement financing program, and allocations for qualified highway or surface freight transfer facilities; and
  • a Council on Credit and Finance to review and make recommendations on applications for such assistance.

TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

(Sec. 10001) Amends the Dingell-Johnson Sport Fish Restoration Act to reauthorize through FY2021 appropriations from the Sport Fish Restoration and Boating Trust Fund for various fish, boating, and coastal wetlands restoration programs. Revises also amounts allocated from the Fund to various programs, including amounts for programs concerning: (1) coastal wetlands, (2) boating safety, and (3) boating infrastructure.

(Sec. 10002) Sets aside a separate amount each fiscal year through FY2021 for the Coast Guard's administration of the national recreational boating safety program.

TITLE XI--RAIL

Passenger Rail Reform and Investment Act of 2015

Subtitle A--Authorizations

(Sec. 11001) Authorizes appropriations to DOT for FY2016-FY2020 for the National Railroad Passenger Corporation (Amtrak) for:

  • the Northeast Corridor Improvement Fund account,
  • the National Network account,
  • consolidated rail infrastructure and safety improvements grants,
  • federal-state partnership for state of good repair grants,
  • restoration and enhancement grants, and
  • the Office of the Inspector General.

Requires set-asides of specified funds for FY2016-FY2017 to:

  • convene the Gulf Coast rail service working group, and
  • implement the small business participation study.

Authorizes DOT to withhold a specified amount for each fiscal year for:

  • the State-Supported Route Committee, and
  • the Northeast Corridor Commission.

Subtitle B--Amtrak Reforms

(Sec. 11201) Directs DOT to establish an account structure and improvements to accounting methodologies to support the Northeast Corridor and National Network accounts.

(Sec. 11202) Directs Amtrak to establish internal controls to ensure its costs and revenues are allocated to either the Northeast Corridor or the National Network.

Directs DOT to establish substantive and procedural requirements for Northeast Corridor and National Network investment capital grant requests.

(Sec. 11203) Requires Amtrak to submit to Congress and DOT final 5-year business line plans and 5-year capital asset plans.

(Sec. 11204) Directs DOT to establish the State-Supported Route Committee to promote mutual cooperation and planning pertaining to the rail operations of Amtrak and related activities of trains operated by Amtrak on state-supported routes.

(Sec. 11205) Revises requirements for, and increases from 9 to 10 the number of, members of Amtrak's Board of Directors.

(Sec. 11206) Amends the Passenger Rail Investment and Improvement Act of 2008 to revise requirements with respect to methodologies for Amtrak route and service planning decisions an independent entity must develop and recommend for Amtrak to use in the planning of intercity rail passenger transportation routes and services.

(Sec 11207) Directs Amtrak to develop a plan to eliminate the operating loss for food and beverage service on board its trains.

Bars the use of federal funds, beginning five years after enactment of this Act, to cover any such loss on a route operated either by Amtrak or a rail carrier that operates a route in lieu of Amtrak.

(Sec. 11208) Requires Amtrak, before entering into contracts exceeding $100 million to procure rolling stock and locomotives, to submit to DOT and Congress a business case analysis on the utility of such procurements.

(Sec. 11209) Directs Amtrak to establish a pilot program for a state or states that sponsor a state-supported route operated by Amtrak to facilitate:

  • onboard purchase and sale of local food and beverage products, and
  • partnerships with local entities to hold promotional events on trains or in stations.

(Sec. 11210) Directs Amtrak to:

  • develop a pilot program to allow passengers to transport domesticated cats or dogs on certain Amtrak trains, and
  • collect fees for each cat or dog (except service animals) transported by a ticketed passenger.

Bars the use of federal funds to implement this program.

(Sec. 11211) Directs Amtrak to request proposals from qualified persons or entities to utilize right-of-way and real estate owned by Amtrak for telecommunications systems, energy distribution systems, and other appropriate activities. Authorizes Amtrak to enter into an agreement to implement any such proposal or proposals.

(Sec. 11212) Requires Amtrak to report to Congress on options to enhance economic development and accessibility of and around Amtrak stations and terminals.

Directs Amtrak to request proposals from qualified persons, including small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses, to lead, participate, or partner with Amtrak, a station owner, and other entities in enhancing economic development in and around such stations and terminals using these options.

(Sec. 11213) Directs the Amtrak Inspector General to:

  • evaluate Amtrak's boarding procedures for passengers, including those using or transporting nonmotorized transportation, such as bicycles, at its 15 stations through which the most people pass; and
  • make certain comparisons and recommendations to improve such procedures.

(Sec. 11214) Amends the Passenger Rail Investment and Improvement Act of 2008 to extend indefinitely specified authority to restructure long-term Amtrak debt and capital leases. Limits any such restructuring to the extent provided in advance in appropriations Acts.

Prohibits Amtrak from incurring more debt after the enactment of this Act without the express advance approval of DOT (as under current law), unless that debt receives credit assistance (including direct loans and loan guarantees) under the Railroad Revitalization and Regulatory Act of 1976.

(Sec. 11215) Prescribes requirements for elimination of duplicative Amtrak reporting requirements.

Subtitle C--Intercity Passenger Rail Policy

(Sec. 11301) Authorizes DOT to make grants to a state (or group of states), an Interstate Compact, a public agency, a state political subdivision, Amtrak or other rail carrier providing intercity rail passenger transportation, a Class I or Class II railroad, or other specified entities to assist in financing the cost of rail projects to improve the safety, efficiency, or reliability of passenger and freight rail transportation systems.

Authorizes DOT to establish performance measures for grant recipients to assess progress in achieving certain strategic goals and objectives.

Makes at least 25% of appropriations for such grants available for projects in rural areas.

Requires DOT to allocate an appropriate portion for grants to states:

  • for freight rail capital projects in cases where there is no intercity passenger rail service, or
  • where the rail transportation system is not physically connected to rail systems in the continental United States or may not qualify for a grant for transportation-related capital projects.

(Sec. 11302) Directs DOT to develop a federal-state partnership program for issuing competitive grants to a state (or group of states), an Interstate Compact, a public agency, a state political subdivision, or Amtrak for capital projects to replace, rehabilitate, or repair major infrastructure assets for providing intercity passenger rail service.

(Sec. 11303) Directs DOT to develop a program for issuing three-year competitive operating assistance grants to a state (or group of states), an Interstate Compact, a public agency, a state political subdivision, Amtrak, or a rail carrier to initiate, restore, or enhance intercity rail passenger service.

(Sec. 11304) Directs DOT to convene a working group to evaluate the restoration of intercity rail passenger service in the Gulf Coast region between New Orleans, Louisiana, and Orlando, Florida.

(Sec. 11305) Revises the purpose of the Northeast Corridor Commission to require it to promote mutual cooperation and planning pertaining to rail infrastructure investments of the Northeast Corridor.

Revises membership composition of the Commission to include individuals from the Office of the Secretary of Transportation and the Federal Transit Administration.

Requires the Commission to update periodically its statement of goals concerning the future of Northeast Corridor rail infrastructure and operations and to submit it to Congress, along with with annual performance reports and recommendations for improvements for commuter, intercity, and freight rail transportation along the Corridor, as well as a Northeast Corridor capital investment plan.

(Sec. 11306) Directs the Commission to develop:

  • a capital investment plan for the Northeast Corridor main line between Boston, Massachusetts, and the Virginia Avenue interlocking in the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York; and
  • a Northeast Corridor service development plan, updated at least once every 10 years.

Requires Amtrak and each state and public transportation entity that owns infrastructure providing intercity rail passenger transportation on the Northeast Corridor to develop an asset management system and develop, and update as necessary, a Northeast Corridor asset management plan.

(Sec. 11307) Directs DOT to implement a pilot program for the competitive selection of a rail carrier or rail carriers owning infrastructure over which Amtrak operates a long-distance route, a state (or group of states), or state-supported joint powers authority or other sub-state governance entity providing intercity rail passenger transportation over such long-distance routes in lieu of Amtrak to operate three long-distance routes.

(Sec. 11308) Requires DOT to:

  • issue a request for proposals meeting certain performance standards for the financing and construction of a high-speed passenger rail system within specified high-speed rail corridors, and
  • establish a commission for each corridor with one or more proposals that satisfy specified requirements to review and report on the proposals.

Requires DOT then to select any proposal that provides substantial benefits to the public and the national transportation system, is cost-effective, offers significant advantages over existing services, and meets other relevant factors.

(Sec. 11309) Prescribes requirements for the award of large capital project grants in excess of $1 billion.

(Sec. 11310) Directs DOT to study the availability and use of small businesses owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses in publicly funded intercity rail passenger transportation projects.

(Sec. 11311) Directs DOT to study:

  • the shared use of right-of-way by passenger and freight rail systems; and
  • the operational, institutional, and legal structures that would best support improvements to both systems.

(Sec. 11312) Directs the Commission to study the feasibility of and options for permitting through-ticketing between Amtrak service and commuter rail services on the Northeast Corridor.

Directs DOT, in cooperation with the Commission, Amtrak, and commuter rail transportation authorities on the Northeast Corridor, to study the potential benefits of joint procurement by Amtrak and those authorities of common materials, assets, and equipment when spending federal funds.

(Sec. 11313) Directs DOT to conduct a data needs assessment to support development of an intercity passenger rail network.

(Sec. 11314) Grants the Amtrak Inspector General authority to investigate alleged activities meant to defraud the United States.

Directs the Inspector General to initiate an assessment of whether Amtrak's current expenditures or procurements use competitive, market-driven provisions to fulfill the Americans with Disabilities Act of 1990.

Subtitle D--Safety

(Sec. 11401) Directs the FRA to:

  • develop a model of a state-specific highway-rail grade crossing action plan meeting specified requirements,
  • distribute the plan to each state, and
  • promulgate a rule requiring each state and implement its own action plan.

(Sec. 11402) Directs DOT to:

  • determine whether limitations or weaknesses exist regarding the availability and usefulness for safety purposes of data on private highway-rail grade crossings, and
  • evaluate existing engineering practices on such grade crossings.

(Sec. 11403) Requires the GAO to evaluate the final rule issued on August 17, 2006, entitled "Use of Locomotive Horns at Highway-Rail Grade Crossings."

(Sec. 11404) Requires DOT, after certifying that each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation complies with positive train control (PTC) requirements, to study the possible effectiveness of PTC and related technologies on reducing collisions at highway-rail grade crossings.

(Sec. 11405) Amends the Rail Safety Improvement Act of 2008 to authorize a state or local government to request DOT for a public version of any bridge inspection report generated under a track owner's bridge safety management program for a bridge located in its jurisdiction.

(Sec. 11406) Directs each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation to survey its entire system and identify:

  • each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel; and
  • the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel.

Requires each railroad carrier, after completing the survey, to submit for DOT approval an action plan that:

  • identifies each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel as well as the maximum authorized operating speed for passenger trains at that location;
  • describes appropriate actions to enable warning and enforcement of the maximum authorized speed for passenger trains at each identified location;
  • contains milestones and target dates for implementing each appropriate action; and
  • ensures compliance with the maximum authorized speed at each identified location.

Authorizes DOT, however, to exempt from these requirements each segment of track for which operations are governed by a certified PTC system or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk.

(Sec. 11407) Directs DOT to promulgate a rule to require a working alerter in the controlling locomotive of each passenger train in intercity rail passenger transportation or commuter rail passenger transportation. Authorizes an alternative safety measure that would achieve an equivalent or greater level of safety in providing additional signal protection.

(Sec. 11408) Directs DOT to initiate a rulemaking to require that on-track safety regulations, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.

Requires DOT to consider exempting from any final requirements each segment of track for which operations are governed by a certified PTC system or any other safety technology or practice that would achieve an equivalent or greater level of safety in providing additional signal protection.

(Sec. 11409) Directs DOT to 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 is required for other commuter railroad lines.

Authorizes DOT, after this evaluation, to promulgate a rule for high density commuter railroad lines, considering the following regulatory requirements for such lines:

  • at least once every two weeks traverse each main line by vehicle or inspect it on foot, and
  • at least once each month traverse and inspect each siding by vehicle or by foot.

(Sec. 11410) Directs DOT, in cooperation with the NTSB and Amtrak, to conduct a post-accident assessment of the Amtrak Northeast Regional Train #188 crash on May 12, 2015, adhering to specified requirements.

(Sec. 11411) Directs DOT to promulgate regulations to require each railroad carrier that provides regularly scheduled intercity rail passenger or commuter rail passenger transportation to the public to install inward- and outward-facing image recording devices in all controlling locomotive cabs and cab car operating compartments in such passenger trains.

Prohibits the use of an in-cab audio or image recording obtained by a railroad carrier to retaliate against an employee.

(Sec. 11412) Revises authorities of and requirements for railroad police officers. Applies them to officers either directly employed by or contracted by a rail carrier.

Requires such a railroad police officer, who is certified or commissioned as a police officer under the laws of a state, who transfers primary employment or residence from the certifying or commissioning state to another state or jurisdiction to apply within one year after the transfer to be certified or commissioned as a police office under the laws of the state of new primary employment or residence.

Declares that a state may recognize as meeting its basic police officer certification or commissioning requirements for qualification as a rail police officer 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 state.

Requires DOT to revise certain regulations to permit a railroad to designate an individual, 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 property, personnel, passengers, and cargo, to serve in the states in which the railroad owns property.

(Sec. 11413) Authorizes DOT to receive and expend cash, or receive and utilize spare parts and similar items, from non-federal government sources to repair damages to or replace federal government-owned automated track inspection cars and equipment as a result of third-party liability for such damages. Requires any amounts collected to be credited directly to the FRS Railroad Safety and Operations account and remain available until expended for the repair, operation, and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.

Repair and replacement of damaged track inspection equipment.

(Sec. 11414) Requires DOT to report to Congress on FRA research into developing a system that measures vertical track deflection from a moving rail car, including the system's ability to identify poor track support from fouled ballast, deteriorated cross ties, or other conditions.

(Sec. 11415) Declares $295 million (adjusted for inflation) to be the maximum aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident involving Amtrak occurring on May 12, 2015.

Subtitle E--Project Delivery

Track, Railroad, and Infrastructure Network Act or the TRAIN Act

(Sec. 11502) Exempts improvements to, maintenance, rehabilitation, or operation of railroad or rail transit lines that are in use (including bridges or tunnels located on railroad or transit lines on which service has been discontinued or that have been railbanked or otherwise reserved for goods or passenger transportation), or were historically used for the transportation of goods or passengers, from federal policies and requirements for the preservation of public park and recreation lands, wildlife and waterfowl refuges, and historic sites. Allows such improvements, however, regarding stations or bridges or tunnels located on abandoned or unused lines.

(Sec. 11503) Directs DOT to:

  • apply specified project development procedures, to the greatest extent feasible, to any railroad project that requires DOT approval under NEPA, and
  • incorporate aspects of such procedures into agency regulations and procedures in a manner that increases the efficiency of the review of railroad projects.

Requires DOT also to survey FRA use of categorical exclusions in transportation projects since 2005 and publish in the Federal Register a review of the survey that describes:

  • the types of actions categorically excluded; and
  • any actions DOT is considering for new categorical exclusions, including those that would conform to those of other modal administrations.

Directs DOT to publish, one year after enactment of this Act, a notice of proposed rulemaking to propose new and existing categorical exclusions for railroad projects that require DOT approval under NEPA and develop a process for considering new categorical exclusions.

(Sec. 11504) Directs DOT to submit to the Advisory Council on Historic Preservation, one year after enactment of this Act, a proposed exemption, and 180 days later, a final exemption of railroad rights-of-way from review for their effect on historic property consistent with a specified exemption for interstate highways approved on March 10, 2005.

Subtitle F--Financing

Railroad Infrastructure Financing Improvement Act

(Sec. 11603) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct DOT to make direct loans and loan guarantees to joint ventures that include, instead of at least one railroad, at least one railroad, state or local government, interstate compact, or government sponsored authority or corporation (entity).

(Sec. 11604) Requires direct loans and loan guarantees for railroad rehabilitation to:

  • cover pre-construction costs;
  • reimburse planning and design expenses relating to specified activities; and
  • finance economic development during a specified four-year period, including commercial and residential development, and related infrastructure and activities, that incorporate private investment and meet certain other specifications.

Directs DOT to require a non-federal match of at least 25% for transit-oriented development projects.

(Sec. 11605) Divides into 30 days and 60 days the current 90 day deadline for approval or disapproval of a loan or loan guarantee application. Requires DOT to notify direct loan or loan guarantee applicants within 30 days if their applications are incomplete, and within another 60 days to approve or disapprove a resubmitted application.

Authorizes the collection of charges for certain costs additional to the evaluation of applications. Repeals the current formula cap on such a charge.

(Sec. 11606) Allows the term for repayment of a direct loan or loan guarantee to extend from a maximum of 35 years to a maximum of the lesser of:

  • 35 years after the date of substantial completion of the project; or
  • the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established.

Authorizes DOT to allow, for up to one year over the duration of the direct loan, an obligor to add unpaid principal and interest to the outstanding balance 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 a direct loan. Allows also prepayments without penalty.

Authorizes DOT, after notifying the obligor, also to sell to another entity or reoffer into the capital markets a direct loan for the project if the sale or reoffering has a high probability of being made on favorable terms. Prohibits any change to the original terms and conditions of the secured loan without the obligor's prior written consent.

Declares that a direct loan shall not be subordinated to the claims of any holder of project obligations in the event of the obligor's bankruptcy, insolvency, or liquidation. Permits waiver of this prohibition against subordination for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture for an A-rated direct loan that meets specified security and other criteria.

(Sec. 11607) Repeals authority for cohorts of loans.

Allows a direct loan or loan guarantee applicant to propose, and requires DOT to accept as a basis for determining the amount of a credit risk premium any of the following in addition to the value of any tangible asset:

  • the net present value of a future stream of state or local subsidy income or other dedicated revenues to secure the direct loan or loan guarantee;
  • adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source;
  • an investment-grade rating on the direct loan or loan guarantee (which must be from at least two rating agencies if the loan or guarantee exceeds $75 million); or
  • a rating on the direct loan or loan guarantee.

(Sec. 11608) Authorizes DOT to enter into a master credit agreement (to make one or more direct loans or loan guarantees at future dates for a program of related projects secured by a common security pledge) contingent upon prior satisfaction of specified conditions.

(Sec. 11609) Requires DOT, in granting direct loans and loan guarantees, among other priority projects to give priority to those for improving railroad stations and passenger facilities and increasing transit-oriented development.

(Sec. 11611) Directs the GAO to analyze how the Railroad Rehabilitation and Improvement Financing Program can be used to improve passenger rail infrastructure.

DIVISION B--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF 2015

TITLE XXIV[sic]--MOTOR VEHICLE SAFETY

SubtitleA--Vehicle Safety

(Sec. 24101) Reauthorizes through FY2020 the administration of DOT motor vehicle safety requirements and requirements for consumer information, bumper standards, odometers, automobile fuel economy, and theft prevention.

(Sec. 24102) Requires the DOT Inspector General to report periodically to specified congressional committees on whether and what progress has been made to implement the recommendations in the Office of Inspector General Audit Report issued June 18, 2015 (ST-2015-063).

Requires the NHTSA to brief these committees periodically on the actions it has taken to implement those recommendations, and submit a final report on implementation of all of the recommendations within one year after enactment of this Act.

(Sec. 24103) Directs DOT to meet specified requirements to implement current information technology, web design trends, and best practices that will help ensure that motor vehicle safety recall information available to the public on the federal website is readily accessible and easy to use.

Requires the GAO to study the current consumer, dealer, and manufacturer use of the safety recall information made available to the public, including the usability and content of the federal and manufacturers' websites and NHTSA efforts to publicize and educate consumers about safety recall information.

Amends MAP-21 to require DOT to:

  • update periodically the method of conveying recall information to consumers, dealers, and manufacturers, such as through public service announcements; and
  • make available to the public on the Internet detailed guidance for consumers submitting safety complaints.

(Sec. 24104) Directs DOT to prescribe a final rule revising the regulations for manufacturer's recall for a defect relating to motor vehicle safety or a noncompliance with a federal motor vehicle safety standard. Requires any recall to include notification by electronic means in addition to notification by first class mail.

(Sec. 24105) Directs DOT to implement a two-year pilot program of grants to states to evaluate the feasibility and effectiveness of a state process for informing consumers of open motor vehicle recalls at the time of motor vehicle registration in the state.

(Sec. 24106) Extends a manufacturer's recall obligations to filing of a petition in bankruptcy under chapter 7 (Liquidation).

(Sec. 24107) Prescribes owner or requester notification requirements for a dealer to meet in order to obtain reimbursement from a manufacturer fair reimbursement for providing a remedy without charge under the manufacturer's recall.

(Sec. 24108) Extends from 60 days to 180 days the time after receipt of a recall notice for a tire owner or purchaser to present a defective or noncomplying tire to the manufacturer to remedy the defect or noncompliance.

(Sec. 24109) Raechel and Jacqueline Houck Safe Rental Car Act of 2015

Authorizes a rental company that receives a notification (approved by the National Highway Traffic Safety Administration) from the manufacturer of a covered rental vehicle about any equipment defect, or noncompliance with federal motor vehicle safety standards, to rent or sell the vehicle or equipment only if the defect or noncompliance is remedied.

Specifies any rental vehicle: (1) rated at 10,000 pounds gross vehicle weight or less, (2) rented without a driver for an initial term of under 4 months, and (3) that is part of a motor vehicle fleet of 5 or more motor vehicles used for rental purposes by a rental company.

Prescribes a special rule to require rental companies to comply with specified limitations on sale, lease, or rental of a motor vehicle as soon as practicable, but within 24 hours after the earliest receipt of the manufacturer's notification of a defect or noncompliance with vehicle safety standards, whether by electronic means or first class mail. Extends the 24-hour deadline for complying with such limitations to 48 hours if the notification covers more than 5,000 motor vehicles in the rental company's fleet.

Permits a rental company to rent (but not sell or lease) a motor vehicle subject to recall if the defect or noncompliance remedy is not immediately available and the company takes any actions specified in the notice to alter the vehicle temporarily to eliminate the safety risk posed.

Makes these special rules for rental companies inapplicable to junk automobiles.

Prohibits a rental company from knowingly making inoperable any safety devices or elements of design installed on or in a compliant motor vehicle or vehicle equipment unless the company reasonably believes the vehicle or equipment will not be used when the devices or elements are inoperable.

Authorizes the Secretary, upon request, to inspect records of a rental company with respect to a safety investigation. Authorizes the Secretary to require a rental company to keep records or make reports for purposes of compliance with federal motor vehicle safety orders or regulations.

Authorizes the Secretary to study the effectiveness of the amendments made by this Act and of other activities of rental companies.

Amends the Moving Ahead for Progress in the 21st Century Act (MAP-21) to require the mandatory study of the safety of rental trucks during a specified seven-year period to evaluate the completion of safety recall remedies on rental trucks.

Directs the Secretary to solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers.

Declares that nothing in this Act shall: (1) be construed to create or increase any liability for a manufacturer who manufactures or imports a motor vehicle that is subject to defect or noncompliance recall requirements; or (2) supersede or otherwise affect the contractual obligations, if any, between such manufacturer and a rental company.

(Sec. 24110) Increases from $5,000 to $21,000 maximum civil penalties for certain violations of motor vehicle safety, and from $35 million to $105 million the maximum civil penalty for a series of violations.

(Sec. 24111) Authorizes a state, without DOT approval, to allow electronic odometer disclosures meeting certain requirements relating to the transfer of vehicles.

(Sec. 24112) Directs DOT (which currently is merely authorized) to promulgate rules requiring a senior official responsible for safety in any company submitting information to the Secretary in response to a request for information in a safety defect or compliance investigation to make specified certifications.

(Sec. 24113) Requires DOT to report on the feasibility of a technical system that would operate in each new motor vehicle to indicate when it is subject to an open manufacturer's recall.

(Sec. 24114) Changes from discretionary to mandatory the authority of DOT to initiate research into effective ways to minimize the risk of hyperthermia or hypothermia to children or other unattended passengers in rear seating positions.

(Sec. 24115) Directs DOT, within one year after enactment of this Act, to publish a proposed rule that:

  • updates standards pertaining to tire pressure monitoring systems to ensure that such a system installed in a new motor vehicle after the effective date of the updated standards cannot be overridden, reset, or recalibrated in such a way that the system will no longer detect when the inflation pressure in one or more of the vehicle's tires has fallen to or below a significantly underinflated pressure level; and
  • does not contain any provision that has the effect of prohibiting the availability of direct or indirect tire pressure monitoring systems that meet the requirements of the updated standards.

Requires DOT, within two years after enactment of this Act and with sufficient notice and comment opportunity, to issue a final rule based on the proposed rule that:

  • allows a manufacturer to install a tire pressure monitoring system that can be reset or recalibrated to accommodate the repositioning of tire sensor locations on vehicles with split inflation pressure recommendations, tire rotation, or replacement tires or wheels of a different size than the original equipment tires or wheels; and
  • ensures that a tire pressure monitoring system that is reset or recalibrated according to the manufacturer's instructions would illuminate the low tire pressure warning telltale when a tire is significantly underinflated until the tire is no longer significantly underinflated.

(Sec. 24116) Requires a manufacturer required to furnish a report for a defect or noncompliance in a motor vehicle or in an item of original or replacement equipment to include specified information on any specific component or components involved in the recall.

Subtitle B--Research And Development And Vehicle Electronics

Sec. 24201) Directs DOT to report to specified congressional committees on the operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies, especially its accomplishments, its role in integrating and aggregating electronic and emerging technologies expertise across the NHTSA, its role in coordinating with other federal agencies, and its priorities over the next five years.

(Sec. 24202) Directs DOT, in carrying out motor vehicle and highway safety research, development, and testing programs and activities, and in coordination with Department of State, to enter into cooperative agreements and collaborative research and development agreements with foreign governments.

Requires the DOT Inspector General to audit DOT management and oversight of cooperative agreements and collaborative research and development agreements, including any cooperative agreements with foreign governments.

Subtitle C--Miscellaneous Provisions

Part I--Driver Privacy Act of 2015

Driver Privacy Act of 2015

(Sec. 24302) Declares that any data in an event data recorder required to be installed in a passenger motor vehicle (as provided for under Department of Transportation [DOT] regulations concerning the collection, storage, and retrievability of onboard motor vehicle crash event data) is the property of the owner or lessee of the vehicle in which the recorder is installed, regardless of when the vehicle was manufactured.

Prohibits a person, other than the owner or lessee of the motor vehicle, from accessing data recorded or transmitted by such a recorder unless:

  • a court or other judicial or administrative authority authorizes the retrieval of such data subject to admissibility of evidence standards;
  • an owner or lessee consents to such retrieval for any purpose, including vehicle diagnosis, service, or repair;
  • the data is retrieved pursuant to certain authorized investigations or inspections of the National Transportation Safety Board (NTSB) or DOT;
  • the data is retrieved to determine the appropriate emergency medical response to a motor vehicle crash; or
  • the data is retrieved for traffic safety research, and the owner's or lessee's personally identifiable information and the vehicle identification number are not disclosed.

(Sec. 24303) Directs the National Highway Traffic Safety Administration, after completing a study and submitting a report to Congress, to promulgate regulations concerning the amount of time event data recorders installed in passenger motor vehicles may capture and record vehicle-related data to provide accident investigators with pertinent crash-related information.

Part II--Safety Through Informed Consumers Act Of 2015

Safety Through Informed Consumers Act of 2015

(Sec. 24322) Revises passenger motor vehicle information program requirements.

Directs DOT to promulgate a rule to ensure that passenger motor vehicle crash avoidance information is indicated next to crashworthiness information on stickers placed on motor vehicles by their manufacturers.

Part III--Tire Efficiency, Safety, and Registration Act of 2015

Tire Efficiency, Safety, and Registration Act of 2015 or the TESR Act

(Sec. 24332) Requires DOT to promulgate regulations for:

  • tire fuel efficiency minimum performance standards, and
  • tire wet traction minimum performance standards.

(Sec. 34433) Directs DOT to initiate a rulemaking to require independent distributors or dealers of tires to maintain records containing certain information on sales of tires.

(Sec. 34434) Directs DOT to examine the feasibility of requiring all tire manufacturers that must maintain purchaser records and procedures to:

  • include electronic identification on every tire that reflects all of the information currently required in the tire identification number, and
  • ensure that the same type and format of electronic information technology is used on all tires.

(Sec. 34435) Directs DOT to establish a publicly available electronic tire recall database.

Part IV--Alternative Fuel Vehicles

(Sec. 24341) Directs the EPA to revise certain regulations for calculating average fuel economy and average carbon-related exhaust emissions for natural gas dual fuel model type vehicles to accelerate the mandatory application of a combined model type fuel economy determined according to a specified formula starting model years after 2016 instead of starting model years after 2019.

Part V--Motor Vehicle Safety Whistleblower Act

Motor Vehicle Safety Whistleblower Act

(Sec. 24352) Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily give DOT information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury.

Authorizes DOT to pay awards to one or more whistleblowers in an aggregate amount of up to between 10% and 30% of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million.

Denies an award to any whistleblower who:

  • is convicted of a criminal violation related to such administrative or judicial action;
  • contributes to the alleged violation of a requirement under this Act;
  • submits to DOT information based on facts previously submitted by another whistleblower;
  • fails to provide original information to DOT in the appropriate form; or
  • fails to report or attempt to report the information internally through an internal reporting mechanism to the motor vehicle manufacturer, parts supplier, or dealership, unless the whistleblower reasonably believed it would have resulted in retaliation or was already known by the manufacturer, part supplier, or dealership, or unless DOT has good cause to waive this requirement.

Prohibits also an award to any whistleblower who knowingly and intentionally makes false representations. Subjects such a whistleblower to criminal penalties.

Requires nondisclosure of a whistleblower's identity, except in specified circumstances.

Authorizes a whistleblower to appeal DOT determinations in the appropriate U.S. court of appeals.

Subtitle D--Additional Motor Vehicle Provisions

(Sec. 24401) The NHTSA shall publish annually on its website, and file with specified congressional committees, an annual plan for the next year detailing its projected activities, including:

  • its policy priorities,
  • any rulemakings projected to be commenced,
  • any plans to develop guidelines,
  • any plans to restructure NHTSA or to establish or alter working groups,
  • any planned NHTSA projects or initiatives, including its working groups and advisory committees, and
  • any projected dates or timetables associated with any of these items.

(Sec. 24402) Declares that the requirement that a remedy be provided without charge for a defect or noncompliance does not apply if the motor vehicle or replacement equipment was bought by the first purchaser more than 15 (currently, more than 10) calendar years before the notice of a defect or noncompliance is given.

(Sec. 24403) DOT shall issue a final rule requiring each manufacturer of motor vehicles or motor vehicle equipment to retain all motor vehicle safety records, as required by specified federal regulations, for a period of at least 10 calendar years from the date on which they were generated or acquired by the manufacturer. Applies such a rule, however, only to any record in the manufacturer's possession on the rule's effective date.

(Sec. 24404) Declares that certain prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment shall not apply to the introduction of a motor vehicle in interstate commerce solely for purposes of testing or evaluation by a manufacturer that agrees not to sell or offer it for sale at the conclusion of the testing or evaluation, and that before the enactment of this declaration:

  • has manufactured and distributed motor vehicles into the United States that are certified to comply with all applicable federal motor vehicle safety standards;
  • has submitted to DOT appropriate manufacturer identification information meeting specified criteria; and
  • if applicable, has identified an agent for service of process.

(Sec. 24405) Directs DOT to exempt from Federal Motor Vehicle Safety Standards applicable to motor vehicles (but not those pertaining to motor vehicle equipment) up to 325 replica motor vehicles per year manufactured or imported by a registered low-volume manufacturer (other than an importer) whose annual worldwide production, including by the manufacturer's parent or subsidiary, is not more than 5,000 motor vehicles.

Defines "replica motor vehicle" as one produced by a low-volume manufacturer and that:

  • is intended to resemble the body of another motor vehicle manufactured at least 25 years earlier; and
  • is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights.

Amends the Clean Air Act to exempt form vehicle emission standards, and allow the installation of, a motor vehicle engine (including all engine emission controls) in an exempted specially produced motor vehicle if the motor vehicle engine meets certain requirements and is from a motor vehicle covered by:

  • a certificate of conformity issued by the EPA for the model year in which the exempted specially produced motor vehicle is produced, or
  • an executive order subject to regulations promulgated by the California Air Resources Board for the model year in which the exempted specially produced motor vehicle is produced.

(Sec. 24406) Declares that no DOT motor vehicle safety guidelines shall confer any rights on any person, state, or locality, nor operate to bind DOT or any person to the approach recommended in such guidelines.

Requires DOT, in any enforcement action regarding motor vehicle safety, to allege a violation of a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation.

Prohibits DOT from basing an enforcement action on, or executing a consent order based on, practices alleged to be inconsistent with any such guidelines, unless the practices allegedly violate this subtitle, a motor vehicle safety standard issued under it, or another relevant statute or regulation.

(Sec. 24407) Directs DOT to revise the NHTSA crash investigation data collection system to include the collection of the following data in connection with vehicle crashes whenever a child restraint system was in use in a vehicle involved in a crash:

  • the type or types of child restraint systems in use during the crash in any vehicle involved in the crash, including whether a five-point harness or belt-positioning booster; and
  • if a five-point harness child restraint system was in use during the crash, whether the child restraint system was forward-facing or rear-facing in the vehicle concerned.
DIVISION C--FINANCE

TITLE XXXI[sic]--HIGHWAY TRUST FUND AND RELATED TAXES

Subtitle A--Extension of Trust Fund Expenditure Authority and Related Taxes

(Sec. 31101) Amends the Internal Revenue Code to extend through September 30, 2020, authority for expenditures from, and transfers to: (1) the Highway Trust Fund Highway and Mass Transit Accounts, (2) the Sport Fish Restoration and Boating Trust Fund, and (3) the Leaking Underground Storage Tank Trust Fund.

(Sec. 31102) Extends through September 30, 2022: (1) excise taxes on fuel used by certain buses, certain alcohol fuels, gasoline (other than aviation gasoline) and diesel fuel or kerosene, certain heavy trucks and trailers, and tires, and (2) the Leaking Underground Storage Tank Trust Fund financing rate.

Extends: (1) the tax on the use of certain heavy motor vehicles, (2) the period for claiming floor tax refunds, (3) exemptions from tax of certain sales of petroleum products and use of highway motor vehicles by states and localities, and (4) the authority for transfers of taxes to the Highway Trust Fund and transfers from such Fund of motorboat and small-engine fuel taxes.

Subtitle B--Additional Transfers to Highway Trust Fund

(Sec. 31201) Authorizes additional transfers of funds to the Highway and Mass Transit Accounts in the Highway Trust Fund.

(Sec. 31202) Authorizes the transfer of motor vehicle safety penalties to the Highway Trust Fund.

(Sec. 31203) Authorizes the transfer of amounts in the Leaking Underground Storage Tank Trust Fund to the Highway Account in the Highway Trust Fund.

TITLE XXXII: OFFSETS

Subtitle A--Tax Provisions

(Sec. 32101) Amends the Internal Revenue Code to require the Department of the Treasury, upon receiving certification by the Internal Revenue Service (IRS) that any individual has a seriously delinquent tax debt in excess of $50,000, to transmit the certification and disclose certain tax return information to the Department of State for action with respect to denial, revocation, or limitation of a passport for the individual. Prohibits State, upon receiving such certification, from issuing a passport to such an individual except in emergency circumstances or for humanitarian reasons. Requires State to revoke a passport previously issued to the individual; but to allows permitting a limited passport for return travel to the United States.

Authorizes State to deny a passport application or revoke a passport if the application does not include the applicant's Social Security number, or includes an incorrect or invalid number willfully, intentionally, negligently, or recklessly provided by the applicant.

(Sec. 32102) Directs the IRS to: (1) enter into qualified tax collection contracts to collect outstanding inactive tax receivables; (2) establish a program to hire, train, and employ special compliance personnel to collect taxes using the automated collection system; and (3) report to specified congressional committees on qualified tax collection contracts and the hiring and training of special compliance personnel.

(Sec. 32104) Amends the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 to repeal the requirement that Treasury modify appropriate regulations to set maximum extension for the tax returns of employee benefit plans filing Form 5500 at an automatic three-and-a-half-month period ending on November 15 for calendar year plans.

Subtitle B--Fees and Receipts

(Sec. 32201) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require Treasury to make an annual adjustment for inflation to fees for certain custom services.

Makes collected fees available for reimbursement of customs services and inspections costs, but only to the extent provided in appropriations Acts.

(Sec. 32202) Amends the Federal Reserve Act to limit the amount of surplus funds of federal reserve banks to $10 billion. Requires transfer of any amounts of surplus funds exceeding this limit to the Board of Governors of the Federal Reserve System (Federal Reserve Board) for transfer to the Department of the Treasury for deposit in the general fund of the Treasury.

(Sec. 32203) Prescribes a formula for determining the annual dividend of stockholders of federal reserve banks whose total consolidated assets exceed $10 billion. Requires the dividend to be the smaller of:

  • the current 6% of paid-in capital stock, or
  • the rate equal to the high yield of the 10-year Treasury note auctioned at the last auction held before payment of the dividend.

Reserves the current 6% dividend for a stockholder with total consolidated assets of $10 billion or less.

Requires the Federal Reserve Board to adjust the dollar amounts of total consolidated assets annually for inflation to reflect the change in the Gross Domestic Product Price Index.

(Sec. 32204) Directs DOE to draw down and sell from the Strategic Petroleum Reserve (SPR) the quantity of barrels of crude oil appropriate to maximize the financial return to United States taxpayers for each of FY2016-FY2017.

Specifies the numbers of barrels of crude oil to be drawn down from the SPR during FY2023-FY2025, ranging from 16 million (FY2023) to 25 million barrels (FY2025).

Prohibits DOE from drawing down and selling crude oil in quantities that would limit DOE authority to sell petroleum products in the full quantity authorized for prevention or reduction of the adverse impact of severe domestic energy supply interruptions.

Authorizes DOE to increase the drawdown and sales of crude oil during each of these fiscal years as appropriate to maximize the financial return to United States taxpayers.

Prohibits any drawdown or sales after a total of $6.2 billion has been deposited in the Treasury general fund from sales authorized under this section.

(Sec. 32205) Amends the Bipartisan Budget Act of 2015 to repeal, as of the date of enactment of that Act, its amendment to the Federal Crop Insurance Act requiring the Department of Agriculture (USDA) to renegotiate the Standard Reinsurance Agreement by December 31, 2016, and at least once every five years thereafter.

(The Standard Reinsurance Agreement is an agreement between the USDA and the private companies that administer the federal crop insurance program. It specifies details such as administrative and operating expense reimbursements and risk sharing between the USDA and the companies in the operation of the program. The repealed amendment establishes an 8.9% cap on the overall rate of return for insurance providers under the agreement, which is a decrease from the current negotiated rate of approximately 14.5%.)

Subtitle C--Outlays

(Sec. 32301) Amends the Federal Oil and Gas Royalty Management Act of 1982 to eliminate the payment of interest on overpayments under leases of oil and gas on federal lands.

Subtitle D--Budgetary Effects

(Sec. 32401) Prohibits the budgetary effects of this Act from being entered on either PAYGO scorecard maintained pursuant to the Statutory Pay-As-You-Go Act of 2010.

DIVISION D--MISCELLANEOUS

TITLE XLI[sic]--FEDERAL PERMITTING IMPROVEMENT

Revises the process for federal approval of major infrastructure projects by establishing best practices, requiring coordination of federal agency review of projects, and shortening the period for challenges to final decisions for issuing project permits.

(Sec. 41001) Sets forth definitions of terms used in this title, including the definition of "covered project" as 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 production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, or any other sector as determined by a majority vote of the Federal Infrastructure Permitting Improvement Steering Council established by this Act and that:

  • is subject to the National Environmental Policy Act of 1969 (NEPA);
  • is likely to require a total investment of more than $200 million;
  • does not qualify for abbreviated authorization or environmental review processes under any applicable law; or
  • involves a project the size and complexity of which make it likely to benefit from enhanced oversight and coordination, including a project likely to require authorization from, or environmental review involving, more than two agencies or the preparation of an environmental impact statement under NEPA.

Excludes from coverage by this title: (1) highway or transportation projects, and (2) water resources development projects subject to environmental review.

(Sec. 41002) Establishes the Federal Permitting Improvement Steering Council, to be chaired by an Executive Director appointed by the President.

Requires the Executive Director to:

  • establish an inventory of covered projects that are pending environmental review or authorization by the head of any federal agency;
  • categorize the projects in the inventory based on sector and project type;
  • for each category, identify the types of environmental reviews and authorizations most commonly involved;
  • add a covered project to the inventory after receiving a notice of the initiation of a proposed covered project by a project sponsor; and
  • designate a facilitating agency for each category of covered projects and publish a list of such agencies.

Requires the Council to issue recommendations on an annual basis on best practices relating to the permitting process, including best practices for enhancing early stakeholder engagement, coordination between federal and non-federal governmental entities, information collection, transparency, and training.

Requires the chief environmental review and permitting officer of each agency to: (1) act as an advisor to his or her agency's council members on matters related to environmental review and authorizations; (2) provide technical support; (3) analyze agency environmental review and authorization processes, policies, and authorities; and (4) review and develop training programs for agency staff.

Requires the Office of Management and Budget to designate a federal agency to provide support for projects that are not covered projects and administrative support and staff for the Executive Director.

(Sec. 41003) Allows for the initiation of a covered project by a project sponsor after notice to the Executive Director and the facilitating agency (the agency receiving notice from the project sponsor).

Requires the Executive Director to maintain an online database known as the Permitting Dashboard to track the status of federal environmental reviews and authorizations for covered projects and shall make a specific entry for a project on the Dashboard.

Requires a facilitating or lead agency to establish a Coordinated Project Plan for coordinating public and agency participation in, and completion of, any required federal environmental review and authorization for a covered project. Requires the Plan to include a permitting timetable that sets deadlines for action on any federal environmental review or authorization required for a project. Requires the Executive Director to mediate any disputes relating to the permitting timetables.

Directs the facilitating or lead agencies to provide an expeditious process for project sponsors to consult with each cooperating and participating agency.

(Sec. 41004) This section grants the consent of Congress for three or more contiguous states to enter into an interstate compact establishing regional infrastructure development agencies to facilitate authorization and review of covered projects.

(Sec. 41005) This section requires agencies to complete environmental reviews required under NEPA for covered projects in a timely, coordinated, and environmentally responsible manner.

(Sec. 41006) This section directs federal agencies with statutory authority to authorize a state to issue or administer a permit program to initiate a national process to determine whether best practices developed by the Council are generally applicable to state permitting processes.

(Sec. 41007) Limits the period for challenges to an authorization of a covered project to no more than two years after the date of publication in the Federal Register of the final decision, unless a shorter period is specified in federal law.

(Sec. 41008) Directs the Executive Director to report annually to Congress over a 10-year period on progress under this Act during the previous fiscal year. Requires the report to assess the performance of each participating agency and lead agency. Directs the GAO also to report to Congress on agency progress in making improvements consistent with best practices and agency compliance with performance schedules.

(Sec. 41009) Authorizes specified agencies, after public notice and opportunity for comment, to issue regulations establishing a fee structure for reimbursing the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects. Requires the deposit of such fees into an Environmental Review Improvement Fund for use by the Executive Director solely to administer, implement, and enforce this Act. Requires the regulations to ensure that the use of fees will not impact impartial decision-making with respect to environmental reviews or authorizations.

(Sec. 41010) Applies this Act to any covered project for which: (1) a notice of initiation is filed, or (2) an application or other request for a federal authorization is pending before a federal agency 90 days after enactment of this Act.

(Sec. 41011) Requires the GAO to report to congressional committees whether the provisions of this title could be adapted to streamline the federal permitting process for smaller projects that are not covered projects.

(Sec. 41012) States that nothing in this title amends NEPA.

(Sec. 41013) Requires the termination of this title seven years after its enactment.

TITLE XLII--ADDITIONAL PROVISIONS

(Sec. 42001) Directs the GAO to study and report on payments made to vendors of kerosene used in noncommercial aviation.

TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES

(Sec. 43001) Amends the Surface Mining Control and Reclamation Act of 1977 to require increased and accelerated payments to certified states and Indian tribes to carry out abandoned mine reclamation projects.

DIVISION E--EXPORT-IMPORT BANK OF THE UNITED STATES

Export-Import Bank Reform and Reauthorization Act of 2015

TITLE LI[sic]--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

(Sec. 51001) Amends the Export-Import Bank Act of 1945 to set at $135 billion, for each of FY2015-FY2019, the authorized aggregate amount of loans, guarantees, and insurance the Export-Import Bank may have outstanding at any time.

Declares that, if the rate at which borrowing entities are in default on a payment obligation (default rate) is 2% or more for a quarter, the Bank may not exceed the amount of loans, guarantees, and insurance outstanding on the last day of that quarter until the default rate becomes less than 2%.

(Sec. 51002) Directs the Bank to build to and hold in reserve, to protect against future losses, at least 5% of its aggregate amount of disbursed and outstanding loans, guarantees, and insurance.

(Sec. 51003) Amends the Export-Import Bank Reauthorization Act of 2012 (EIBRA) to require the Government Accountability Office's quadrennial review of the adequacy of the design and effectiveness of the Bank's fraud controls to include review of the Bank's compliance with these controls.

(Sec. 51004) Establishes an Office of Ethics within the Bank to recommend administrative actions to establish or enforce standards of official conduct.

(Sec. 51005) Establishes a Chief Risk Officer of the Bank to oversee all issues relating to risk within the Bank.

(Sec. 51006) Establishes also a Risk Management Committee to:

  • oversee periodic stress testing on the entire Bank portfolio and the monitoring of industry, geographic, and obligor exposure levels; and
  • review all required reports on the Bank's default rate.

(Sec. 51007) Directs the Bank's Inspector General to conduct an audit or evaluation of the Bank's portfolio risk management procedures, including its implementation of the duties assigned to the Chief Risk Officer.

(Sec. 51008) Authorizes the Bank to establish a pilot program for reinsurance under which it may enter into contracts and other arrangements to share risks associated with its provision of guarantees, insurance, or credit, or participation in the extension of credit.

Declares that the aggregate amount of liability the Bank may transfer through risk-sharing under a contract or other arrangement may not exceed $1 billion, nor a total of $10 billion during a fiscal year.

TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS

(Sec. 52001) Directs the Bank to:

  • increase from 20% to 25% of its lending authority the amount made available to finance direct exports by small business concerns, and
  • include in its annual report to Congress a report on its programs for U.S. businesses with less than $250 million in annual sales.

TITLE LIII--MODERNIZATION OF OPERATIONS

(Sec. 53001) Requires the Bank to implement policies to accept electronic payments and transaction documents.

(Sec. 53002) Extends through FY2019 the Bank's authority to use a portion of its surplus to update its information technology systems.

TITLE LIV--GENERAL PROVISIONS

(Sec. 54001) Reauthorizes through FY2019 the Bank, the Sub-Saharan Africa Advisory Committee, and authority for dual use exports (of nonlethal defense articles or services primarily for civilian use).

(Sec. 54002) Limits to $25 million the principal amounts of medium-term financing by the Bank.

Increases from a minimum of $10 million to a minimum of $25 million the amounts of:

  • long-term loans or loan guarantees the Bank shall seek to ensure that U.S. insurance companies have a fair and open competitive opportunity to insure in connection with any transaction for which the loan or guarantee is provided,
  • working capital export loans and guarantees to small businesses, and
  • long-term support for projects to which certain procedures apply regarding the potential beneficial and adverse environmental effects of goods and services for which direct lending and guarantee support is requested.

Declares that, if the long-term support for projects subject to environmental effects consideration is less than $25 million, the minimum threshold shall be the one established pursuant to international agreements, including the Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence, as adopted by the Organisation for Economic Co-operation and Development Council on June 28, 2012, and the risk-management framework ("Equator Principles") adopted by financial institutions for determining, assessing, and managing environmental and social risk in projects.

TITLE LV--OTHER MATTERS

(Sec. 55001) Prohibits the Bank from:

  • denying an application for financing based solely on the industry, sector, or business that the application concerns; or
  • promulgating or implementing policies that discriminate against an application based solely on the industry, sector, or business that the application concerns.

Applies these prohibitions only to applications for Bank financing for projects concerning the exploration, development, production, or export of energy sources and the generation or transmission of electrical power, or combined heat and power, regardless of the energy source involved.

(Sec. 55002) Amends the EIBRA to require the President instead of the Department of the Treasury to initiate and pursue negotiations to end export credit financing.

Directs the President to propose to Congress a strategy to pursue with other major exporting countries, including Organisation for Economic Co-operation and Development (OECD) members and non-OECD members, to eliminate over a 10-year period subsidized export-financing programs, tied aid, export credits, and all other forms of government-supported export subsidies.

(Sec. 55003) Directs the Bank to study the extent to which products it offers are available and used by companies that export information and communications technology services and related goods.

DIVISION F--ENERGY SECURITY

(Sec. 61001) Directs the Department of Energy (DOE) to adopt procedures to:

  • improve communication and coordination between DOE's energy response team, federal partners, and industry;
  • leverage the Energy Information Administration's subject matter expertise within DOE's energy response team to improve supply chain situation assessments;
  • establish company liaisons and direct communication with DOE's energy response team to improve situation assessments;
  • streamline and enhance processes for obtaining temporary regulatory relief to speed up emergency response and recovery;
  • facilitate and increase engagement among states, the oil and natural gas industry, and DOE in developing state and local energy assurance plans;
  • establish routine education and training programs for key government emergency response positions with DOE and states; and
  • involve states and the oil and natural gas industry in comprehensive drill and exercise programs.

Includes among these activities collaborative efforts with state and local government officials and the private sector.

(Sec. 61002) Amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to ensure that any emergency order that may result in conflict with federal, state, or local environmental law or regulations:

  • requires generation, delivery, interchange, or transmission of electricity only during hours necessary to meet the emergency and serve the public interest;
  • be consistent with applicable environmental law; and
  • minimizes any adverse environmental impacts to the maximum extent practical.

Declares that any necessary action or omission in such an emergency that does not comply with federal, state, or local environmental law or regulation shall not be considered a violation of it, or subject the party involved to any related requirement, civil or criminal liability, or a citizen suit.

Requires such emergency orders to expire within 90 days. Authorizes FERC to renew or reissue an order for subsequent periods of no more than 90 days each as necessary to meet the emergency and serve the public interest.

Authorizes a municipality engaged in the transmission or sale of electricity, and not otherwise subject to FERC jurisdiction, to make temporary connections during an emergency with public utilities that are subject to FERC jurisdiction, and construct necessary or appropriate temporary electricity transmission facilities, without becoming subject to FERC jurisdiction by reason of that temporary connection or construction.

(Sec. 61003) Amends the Federal Power Act to authorize DOE, with or without notice, hearing, or report, to issue orders for emergency measures to protect or restore the reliability of either critical electric infrastructure or defense critical electric infrastructure whenever the President issues a written directive or determination identifying an imminent grid security emergency. Requires the President to notify specified congressional committees promptly upon issuing such a directive.

Defines "critical electric infrastructure" to mean a system or asset of the bulk-power system, whether physical or virtual, whose incapacity or destruction would negatively affect national security, economic security, public health or safety, or any combination of such matters.

Defines "defense critical electric infrastructure" to mean any electric infrastructure located in the United States (including the territories) that serves a DOE-designated facility, but is not owned or operated by the facility owner or operator.

Requires DOE to designate any such facilities that are: (1) critical to the defense of the United States, and (2) vulnerable to a disruption of the supply of electric energy provided by an external provider.

Requires DOE, before issuing an order for emergency measures, to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action, to consult with governmental authorities in Canada and Mexico, certain entities, the Electricity Sub-sector Coordinating Council, and other appropriate federal agencies regarding implementation of the emergency measures.

Prescribes: (1) implementation procedures (including expiration and reissuance of emergency orders); and (2) related cost recovery measures affecting owners, operators, or users of the bulk-power system.

Directs DOE, to the extent practicable and consistent with obligations to protect classified information, to provide temporary access to classified information relating to a grid security emergency to key personnel of relevant entities in order to optimize communications between them and federal agencies.

Exempts critical electric infrastructure information from mandatory disclosure under the Freedom of Information Act.

Directs FERC to: (1) designate critical electric infrastructure information, and (2) prescribe regulations and orders prohibiting its unauthorized disclosure but also authorizing appropriate voluntary sharing with federal, state, local, and tribal authorities.

Authorizes DOE also to designate critical electric infrastructure information.

States that critical electric infrastructure information may not be designated as such, however, for longer than five years, and any designation shall be subject to judicial review.

Declares that no cause of action shall lie or be maintained in any federal or state court for sharing or receiving information in accordance with this Act.

Makes DOE the lead Sector-Specific Agency for cybersecurity for the energy sector to:

  • coordinate with the Department of Homeland Security (DHS) and other relevant federal departments and agencies;
  • collaborate with critical electric infrastructure owners and operators as well as independent regulatory agencies and state, local, tribal, and territorial entities;
  • serve as a day-to-day federal interface for the dynamic prioritization and coordination of sector-specific activities;
  • carry out incident management responsibilities;
  • provide, support, or facilitate technical assistance and consultations for the energy sector to identify vulnerabilities and help mitigate incidents; and
  • give DHS annually sector-specific critical electric infrastructure information to support its reporting requirements.

(Sec. 61004) Directs DOE, acting through the Office of Electricity Delivery and Energy Reliability, to submit to Congress a plan to establish a Strategic Transformer Reserve for the storage, in strategically located facilities, of spare large power transformers and emergency mobile substations in sufficient numbers to temporarily replace critically damaged large power transformers and substations that are critical electric infrastructure or serve defense and military installations to mitigate significant impacts to the electric grid resulting from physical attack, cyber attack, electromagnetic pulse attack, geomagnetic disturbances, severe weather, or seismic events.

(Sec. 61005) Directs DOE also to develop and report to specified congressional committees, after public notice and comment, recommended U.S. energy security valuation methods.

Requires the report to:

  • evaluate and define U.S. energy security to reflect modern domestic and global energy markets and the collective needs of the United States and its allies and partners;
  • identify procedures and criteria to ensure that energy-related actions that significantly affect the supply, distribution, or use of energy are evaluated with respect to their potential impact on energy security, consumers and the economy, energy supply diversity and resiliency, well-functioning and competitive energy markets, the U.S. trade balance, and national security objectives; and
  • recommend an implementation strategy meeting specified requirements.

DIVISION G--FINANCIAL SERVICES

TITLE LXXI[sic]--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES

(Sec. 71001) Amends the Securities Act of 1933 to reduce from 21 to 15 the number of days before a "road show" that an emerging growth company (EGC), before its initial public offering (IPO) date, may publicly file a draft registration statement for confidential nonpublic review by the Securities and Exchange Commission (SEC).

(A financial "road show" is an offer [other than a statutory prospectus or a portion of one] that contains a presentation regarding an offering by one or more members of the issuer's management and includes discussion of one or more of the issuer, such management, and the securities being offered. Typically, a road show is a series of meetings across different cities, often before an IPO, in which top executives from a company have the opportunity to talk with current or potential investors.)

(Sec. 71002) Prescribes a grace period during which an issuer that was an EGC at the time it filed a confidential registration statement (or, in lieu of that, a publicly filed registration statement) for SEC review, but ceases to be an EGC, shall continue to be treated as an emerging market growth company for one year or, if earlier, until consummation of its IPO.

(Sec. 71003) Amends the Jumpstart Our Business Startups Act to direct the SEC to prescribe conditions under which a registration statement filed (or submitted for confidential review) by an issuer before its IPO may omit financial disclosure information for historical periods otherwise required.

TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION

(Sec. 72001) Directs the SEC to issue regulations permitting issuers to submit a summary page on annual and transition report form 10-K if each item on that page cross-references electronically or otherwise the material contained in form 10-K to which the item relates.

(Sec. 72002) Directs the SEC to revise regulation S-K (Standard Instructions for Filing Forms under the Securities Act of 1933, the Securities Exchange Act of 1934 and the Energy Policy and Conservation Act of 1975) in order to:

  • reduce the burden on smaller issuers, including emerging growth companies, accelerated filers, and smaller reporting companies (while still providing all material information to investors); and
  • eliminate duplicative, overlapping, outdated, or unnecessary provisions.

(Sec. 72003) Requires the SEC to study ways to: (1) modernize and simplify requirements in regulation S-K, and (2) evaluate information delivery and presentation methods as well as explore methods to discourage repetition and disclosure of immaterial information.

Directs the SEC also to issue a proposed rule to implement any recommendations it makes to Congress based upon the study.

TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND COST SAVINGS

(Sec. 73001) Repeals: (1) the authority of the Secretary of the Treasury to change the design of certain gold bullion coins, and (2) requirements for the protective covering for certain bullion coins.

Repeals the copper content requirements for quarter dollar coins, and requires the silver content to be at least 90%.

Makes technical revisions to the requirements for palladium bullion investment coins.

(Sec. 73002) Requires proof and uncirculated versions of American Eagle silver coins issued during calendar year 2016 to have a smooth edge incused with a designation that notes the 30th anniversary of the first issue of such coins.

TITLE LXXIV--SBIC ADVISERS RELIEF

(Sec. 74001) Amends the Investment Advisers Act of 1940 to exempt specified advisers of small business investment companies (SBICs) from certain: (1) SEC registration requirements with respect to the provision of investment advice relating to venture capital funds, and (2) SEC registration and reporting requirements with respect to assets under management of private funds.

(Sec. 74003) Extends the same exemption to specified SBIC advisers with respect to any state or local law requiring the registration, licensing, or qualifications of investment advisers.

TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION

(Sec. 75001) Amends the Gramm-Leach-Bliley Act to exempt from its annual privacy policy notice requirement any financial institution which: (1) provides nonpublic personal information only in accordance with specified requirements, and (2) has not changed its policies and practices with regard to disclosing nonpublic personal information from those disclosed in the most recent disclosure sent to consumers.

TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES

(Sec.76001) Amends the Securities Act of 1933 to exempt from security registration requirements, and related prohibitions against using interstate commerce and the mails for the sale or delivery of securities after sale, any transaction where:

  • each purchaser is an accredited investor;
  • neither the seller, nor any person acting on the seller's behalf, offers or sells securities by general solicitation or advertising;
  • the seller and prospective purchaser obtain from an issuer meeting certain criteria reasonably current specified information;
  • the transaction is not for the sale of a security whose seller is neither an issuer nor a subsidiary of the issuer;
  • neither the seller, nor any person receiving remuneration for participating in the offer or sale of the securities, is subject to certain legal disqualification (bad actor);
  • the issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not a blank check, blind pool, or shell company with no specific business plan or purpose or has indicated that the issuer's primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person;
  • the transaction does not involve a security that constitutes the whole or part of an unsold allotment to, or a subscription or participation by, a broker or dealer as an underwriter of the security or a redistribution; and
  • the transaction does involve a security of a class authorized and outstanding for at least 90 days before the transaction.

Deems any securities acquired in such exempt transactions to: (1) have been acquired in a transaction not involving any public offering, (2) not be a distribution involving an underwriter, and (2) be restricted securities not subject to certain transaction requirements.

Exempts all transactions under this Act from state regulation of securities offerings.

TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY

(Sec. 77001) Amends the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (LIHPRHA) with respect to a plan of action the Department of Housing and Urban Development (HUD) may approve for extension of the low-income affordability restrictions on any eligible low-income housing.

Entitles the owner of a property subject to a plan of action or use agreement to distribute:

  • annually all surplus cash generated by the property, but only if the owner is in material compliance with the use agreement, including compliance with prevailing physical condition standards established by HUD; and
  • any funds accumulated in a residual receipts account, notwithstanding any conflicting provision in the use agreement, but only if the individual is in material compliance with the use agreement and has completed, or set aside sufficient funds to complete, any capital repairs identified by the most recent third party capital needs assessment.

Requires an owner distributing any such amounts to:

  • continue to operate the property in accordance with the affordability requirements of its use agreement for its remaining useful life;
  • continue to renew or extend any project-based rental assistance contract for at least 20 years, as required by the property's plan of action; and
  • have the option to extend the contract to a 20-year term, if he or she has an existing multi-year project-based rental assistance contract for less than 20 years.

(Sec. 77002) Prohibits the LIHPRHA, or any plan of action or use agreement implementing it, from restricting an owner from obtaining a new loan or refinancing an existing loan secured by a low-income housing project, or from distributing the proceeds of such a loan, except that, in conjunction with such refinancing:

  • the owner shall provide for adequate rehabilitation pursuant to a capital needs assessment to ensure long-term sustainability of the property satisfactory to the lender or bond issuance agency;
  • any resulting budget-based rent increase shall include debt service on the new financing, commercially reasonable debt service coverage, and replacement reserves as required by the lender; and
  • any rent increases resulting from the refinancing transaction for units not covered by a project-based rental subsidy contract shall be limited to 10%, with the following exception.

Prohibits requiring any tenant who occupies a dwelling unit as of the time of the refinancing, and gives the owner proof of income, to pay for rent and utilities, for the duration of the tenancy, any amount exceeding the greater of: (1) 30% of the tenant's income, or (2) the amount the tenant paid for rent and utilities immediately before the refinancing.

(Sec. 77003) Directs HUD to issue any guidance necessary to carry out this Act within 120 days after its enactment.

TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF

(Sec. 78001) Amends the United States Housing Act of 1937 with respect to annual review of low-income families' income for eligibility requirements for certain federal assisted housing programs.

Declares that, after the initial review of any family's fix income, a public housing agency (PHA) or owner may not be required to review its income for any year for which the family certifies, in accordance with specified requirements as HUD shall establish.

Requires the PHA or the owner to review each such family's income at least once every three years.

Requires PHAs also to review the income of a family receiving Section 8 (rental assistance voucher program) assistance at least once every three years (currently, at least annually).

TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY

(Sec. 79001) Amends the McKinney-Vento Homeless Assistance Act to allow (in addition to a state, local government, or public housing agency) a private nonprofit organization to administer permanent housing rental assistance provided through the Continuum of Care Program under the Act.

(Sec. 79002) Requires HUD, at least once (currently, twice) during each fiscal year, to reallocate any housing assistance provided from the Emergency Solutions Grants Program that is unused or returned or that becomes available after the minimum allocation requirements under the Act.

TITLE LXXX--CHILD SUPPORT ASSISTANCE

(Sec. 80001) Amends the Fair Credit Reporting Act, with respect to the permissible purposes of consumer reports, to authorize a consumer reporting agency to furnish a consumer report in response to a request by the head of a state or local child support enforcement agency (or an authorized state or local government official), if the requester certifies that the report is needed for enforcing a child support order, award, agreement, or judgment.

Repeals the requirement for 10 days' prior notice to a consumer whose report is requested.

TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING

(Sec. 81001) Directs HUD to establish a demonstration program under which, in FY2016 through FY2019, it may execute budget-neutral, performance-based agreements (for up to 12 years each) that result in a reduction in energy or water costs with appropriate entities to carry out projects for energy or water conservation improvements at up to 20,000 residential units in multifamily buildings participating in:

  • Section 8 project-based rental assistance programs under the United States Housing Act of 1937, other than Section 8 (voucher program) assistance;
  • supportive housing for the elderly programs under the Housing Act of 1959; or
  • supportive housing for persons with disabilities programs under the Cranston-Gonzalez National Affordable Housing Act.

Prescribes requirements for payment under an agreement, which shall be contingent on documented utility savings, as well as for agreement terms, eligibility, geographical diversity, and funding for the program.

Limits this demonstration program to properties subject to affordability restrictions, which may be through an affordability agreement under a new housing assistance payments contract with HUD, or through an enforceable covenant with the property owner, for at least 15 years after completion of any conservation improvements made under the program.

Requires HUD to submit to specified congressional committees a detailed plan for the implementation of this Act.

Authorizes HUD, for each fiscal year during which an agreement is in effect, to use any appropriated funds for the renewal of contracts under the program.

TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

(Sec. 82001) Amends the Federal Home Loan Bank Act to treat certain privately insured credit unions as insured depository institutions for purposes of determining eligibility for membership in a federal home loan bank.

Declares that a credit union which lacks federal deposit insurance and has applied for membership in a federal home loan bank may be treated as meeting all the eligibility requirements for federal deposit insurance if the supervisor of the chartering state has determined that it meets all federal deposit insurance eligibility requirements.

Deems such a credit union to have met the eligibility criteria for federal home loan bank membership if, six months after its application date, the state supervisor has failed to act upon the application.

Declares that no state law authorizing a conservator or liquidating agent of a credit union to repudiate contracts may apply to any: (1) extension of credit from a federal home loan bank to a credit union which is a member of that bank, or (2) security interest in the assets of the credit union securing such extension of credit.

Declares that if a federal home loan bank makes an advance to a state-chartered credit union that is not federally insured:

  • the bank's interest in any collateral securing that advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally-insured credit union, and
  • the bank has the same right to access such collateral that it would have had if the advance had been made to a federally-insured credit union.

Amends the Federal Deposit Insurance Act to require private deposit insurers of credit unions that are members of a federal home loan bank to submit copies of their audit reports within seven days to the Federal Housing Finance Agency.

(Sec. 82002) Directs the Government Accountability Office to study: (1) the adequacy of insurance reserves held by a private deposit insurer that insures deposits in an insured credit union or any credit union eligible to apply to become one, and (2) such credit unions' compliance with federal regulations governing disclosure of a lack of federal deposit insurance.

TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM

(Sec. 83001) Amends the Federal Deposit Insurance Act to increase from $500 million to $1 billion the asset size of small insured depository institutions eligible for 18-month on-site examination cycles.

Qualifies such an institution also for the 18-month cycle if its total assets are at most $200 million (currently $100 million) and the most recent examination found its composite condition to be good rather than outstanding.

Grants a federal banking agency discretion to increase this assets ceiling amount from $200 million to $1 billion (currently from $100 million to $500 million) if that greater asset size would be consistent with the principles of safety and soundness.

TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION

(Sec. 84001) Directs the SEC to revise Form S-1 so that a smaller reporting company may incorporate by reference in a registration statement filed on that form any documents it files with the SEC after the registration statement's effective date.

TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

(Sec. 85001) Amends the Securities Exchange Act of 1934 to require an issuer that is a savings and loan holding company to register with the SEC if: (1) its assets exceed $10 million, and (2) it has a class of equity security held of record by 2,000 or more persons.

Requires this registration to be terminated after a savings and loan holding company certifies that its holders of record of that class of security have been reduced to fewer than 1,200 persons.

Declares that the duty of a savings and loan holding company to file supplementary and periodic information shall be suspended automatically if the securities of each class to which the registration statement relates (other than any class of asset-backed securities) are held of record by fewer than 1,200 persons.

TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS

(Sec. 86001) Amends the Commodity Exchange Act to repeal the requirement that specified entities agree to indemnify the Commodity Futures Trading Commission (CFTC) for any expenses arising from litigation relating to certain information about swaps cleared by derivatives clearing organizations which is shared with the entities before the CFTC may share the information with them.

Repeals a similar requirement for the same entities with which a swap data repository may share swap data to agree to indemnify the repository and the CFTC for any expenses arising from similar litigation.

Amends the Securities Exchange Act of 1934 to repeal a similar requirement for the same entities (plus the CFTC) with which a securities-based swap data repository may share securities-based swap data to agree to indemnify the repository and the SEC for any expenses arising from similar litigation.

Makes these repeals take effect retroactively to enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

TITLE LXXXVII--TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF SMALLER INSTITUTIONS

(Sec. 87001) Amends the Financial Stability Act of 2010 with respect to the date for determining the consolidated assets of smaller depository institution holding companies supervised by the Board of Governors of the Federal Reserve System.

Exempts from otherwise required capital deductions, pursuant to mandatory minimum leverage and risk-based capital requirements, any debt or equity instruments issued before May 19, 2010, by depository institution holding companies with total consolidated assets of less than $15 billion as of March 31, 2010 (currently as of December 31, 2009).

TITLE LXXXVIII--STATE LICENSING EFFICIENCY

State Licensing Efficiency Act of 2015

(Sec. 88002) Amends the S.A.F.E. Mortgage Licensing Act of 2008 to require the Attorney General to give access to all criminal history information to state officials responsible for regulating, not only state-licensed loan originators (as under current law), but also other financial service providers, to the extent such checks are required under the laws of the state for the licensing of such other financial service providers.

TITLE LXXXIX--HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES

Helping Expand Lending Practices in Rural Communities Act of 2015 or the HELP Rural Communities Act of 2015

(Sec. 89002) Directs the Consumer Financial Protection Bureau (CFPB) to establish an application process under which a person who lives or does business in a state may apply to have the CFPB identify as rural an area it has not already so identified.

Specifies factors for the CFPB to take into consideration when evaluating such an application. Permits the CFPB to disregard any designation of the area as nonrural by another federal agency.

Subjects any application to 90 days of public comment. Requires the CFPB to make a decision on a designation application within 90 days after the end of the public comment period.

(Sec. 89003) Amends the Truth in Lending Act to modify the requirements for a qualified mortgage or an escrow or impound account relating to certain consumer credit transactions secured by a first lien on the consumer's principal dwelling.

Authorizes the CFPB to include as a qualified mortgage, with respect to the presumption that the consumer has a reasonable ability to repay it, a balloon loan extended by any creditor that operates in rural or underserved areas, whether predominantly or not. (Currently the creditor must operate predominantly in rural or underserved areas.)

Authorizes the CFPB also to exempt a creditor, in connection with a consumer credit transaction secured by a first lien on the consumer's principal dwelling, from the requirement to establish an escrow or impound account for the consumer if the creditor operates in rural or underserved areas, whether predominantly or not. (Currently the creditor must operate predominantly in such areas.)

Jul 30, 201535

Developing a Reliable and Innovative Vision for the Economy Act or the DRIVE Act

DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION PROGRAMS

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorizations and Programs

(Sec. 11001) Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Mass Transit Account) for FY2016-FY2021 for:

  • certain core Federal-aid highway programs;
  • the transportation infrastructure finance and innovation program;
  • the federal lands, tribal transportation, and lands access programs;
  • the territorial and Puerto Rico highway program;
  • the major projects program;
  • the highway research and development program;
  • the technology and innovation deployment program;
  • training and education;
  • the intelligent transportation systems (ITS) program; and
  • the university transportation centers program.

Authorizes appropriations out of the general fund of the Treasury for the Bureau of Transportation Statistics.

Requires the expenditure of 10% of amounts made available for federal-aid highways and public transportation programs on small business concerns owned and controlled by socially and economically disadvantaged individuals.

Requires states to compile annual lists of small disadvantaged business enterprises according to minimum uniform criteria established by the Department of Transportation (DOT).

(Sec. 11002) Prescribes obligation ceilings for certain federal-aid highway and highway safety construction programs, with specified exceptions.

Prescribes requirements, including a formula, and restrictions for certain FY2016-FY2021 distributions from the obligation limitation for federal-aid highways. Requires DOT to redistribute to the states any federal-aid highway program funds that, because of any obligation limitation imposed, will not be allocated or otherwise made available to them for obligation for surface transportation program projects.

(Sec. 11003) Authorizes appropriations for Federal Highway Administration (FHWA) administrative expenses.

(Sec. 11004) Revises formulae for the allocation of surface transportation program (STP) funds to states in urbanized areas with populations of over 200,000 and other areas of 5,000 or more.

Requires states to obligate a specified portion of their STP apportionments for projects for the replacement or rehabilitation of off-National Highway System (NHS) bridges (including a specified amount for off-NHS bridges located on non-federal-aid highways).

Authorizes the governor of a state that shares a border with Canada or Mexico to designate at least 5% of its apportionment of STP funds for each fiscal year for border infrastructure projects.

(Sec. 11005) Revises requirements for metropolitan transportation planning.

Prescribes requirements for selection of metropolitan planning organization (MPO) officials or representatives.

Treats the Lake Tahoe Region as:

  • an MPO,
  • a transportation management area, and
  • an urbanized area (comprised of a population of 145,000 in California and a population of 65,000 in Nevada).

Prescribes formulae for the suballocation of STP and transportation alternatives program funds for a fiscal year for those areas.

(Sec. 11006) Revises requirements for statewide and nonmetropolitan transportation planning.

(Sec. 11007) Reduces the amount of FHWA administrative funds DOT must deduct each fiscal year for highway use tax evasion projects.

(Sec. 11008) Prescribes requirements for the bundling of two or more similar projects for the replacement or repair of structurally deficient bridges.

(Sec. 11009) Authorizes DOT, upon state request, to exercise all existing flexibilities and exceptions to federal-aid highway requirements for certain rural road and rural bridge projects.

(Sec. 11010) Revises formulae for certain allocations of funds to states for construction of ferry boats and ferry terminal facilities.

Authorizes appropriations for FY2016-FY2021.

Makes certain funds available for the National Ferry Database.

(Sec. 11011) Revises the highway safety improvement program. Makes eligible as highway safety improvement projects any installation of vehicle-to-infrastructure communication equipment, pedestrian hybrid beacons, roadway improvements that provide separation between pedestrians and motor vehicles, and other types of infrastructure safety projects.

(Sec. 11012) Authorizes a state to 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 certain circumstances prevail.

(Sec. 11013) Revises congestion mitigation and air quality improvement (CMAQ) program requirements. Requires states and MPOs to use PM2.5 priority funding on the most cost-effective CMAQ projects and programs proven to reduce directly emitted fine particulate matter.

Authorizes a state or MPO also to elect to obligate PM2.5 priority funds to the most cost-effective CMAQ projects to reduce emissions from port-related landside nonroad or on-road equipment that operates within a PM2.5 nonattainment or maintenance area.

(Sec.11014) Revises and makes permanent the reservation of $850 million of program funds for transportation enhancements apportioned to a state for each fiscal year for surface transportation alternatives, recreational trails program, and safe routes to school program projects.

Directs DOT to develop regulations and guidance that encourages the use of programmatic approaches to environmental reviews, expedited procurement techniques, and other best practices for small, low-impact infrastructure projects.

(Sec. 11015) Amends the Moving Ahead for Progress in the 21st Century Act (MAP-21) to extend through FY2021 the availability of a specified amount of FHWA administrative funds for:

  • certain safety-related activities, and
  • operation of certain safety-related clearinghouses.

(Sec. 11016) Directs DOT to issue guidance on working with state departments of transportation that request assistance from FHWA division offices to:

  • review principal arterials within a state that were added to the NHS as of October 1, 2012, and
  • identify any necessary functional classification changes to rural and urban principal arterials.

Directs DOT to:

  • review the NHS modification process, and
  • ensure that a state may submit requests to modify the NHS by withdrawing a road from it.

(Sec. 11017) Revises the toll roads, bridges, tunnels, and ferries program.

Requires private motorcoaches that serve the public to have access to toll facilities equal to that of public transportation buses.

(Sec. 11018) Revises certain exceptions to high occupancy vehicle (HOV) facility requirements.

Authorizes a state agency that levies a toll on vehicles for use of HOV facilities to:

  • designate classes of vehicles exempt from the toll, and
  • charge different toll rates for different classes of vehicles.

Permits state agencies to allow alternative fuel vehicles and new qualified plug-in electric drive motor vehicles to use HOV facilities provided certain requirements are met.

Adds a requirement that a state agency submit to DOT for approval a plan to bring a degraded facility back into compliance with the minimum average operating speed within 180 days after a HOV facility is considered degraded. ("Degraded" means failure of vehicles operating on HOV lanes to maintain minimum average operating speed 90% of the time over a consecutive 180-day period during morning and/or evening weekday peak hour periods.)

(Sec. 11019) Amends the Transportation Equity Act for the 21st Century to revise Interstate System (IS) reconstruction and rehabilitation pilot program eligibility requirements.

Limits to maintenance of toll facilities the use, during the pilot program, of a state's apportionment of national highway performance program funds.

(Sec. 11020) Revises the emergency relief fund program.

Treats as an eligible expense for emergency relief program funding the costs of disaster debris removal for projects for the repair or reconstruction of federal-aid highways on tribal transportation facilities, federal lands transportation facilities, or other federally-owned roads that are open to public travel.

(Sec. 11021) Prescribes requirements for DOT to close or restrict loads on bridges owned by federal agencies or tribal governments.

(Sec. 11022) Directs DOT to designate national electric vehicle charging and natural gas fueling corridors that identify the need for electric vehicle infrastructure and natural gas fueling infrastructure at strategic locations along major national highways.

(Sec. 11023) Permits state asset management plans for the NHS under the national highway performance program to include a designation of a critical infrastructure network of facilities. Authorizes states to use the apportionment of national highway performance program funds for projects to reduce the risk of failure of such facilities.

(Sec. 11024) Revises funding requirements for the tribal transportation program to:

  • reduce from 6% to 5% of authorized program funds the maximum amount that either DOT or the Department of the Interior may use for certain administrative expenses, and
  • increase from 2% to 3% of such funds the allocation for specified bridge projects.

(Sec. 11025) Directs DOT to establish a nationally significant federal lands and tribal projects program to fund construction, reconstruction, or rehabilitation of nationally significant federal lands and tribal transportation projects.

Authorizes appropriations for FY2016-FY2021.

(Sec. 11026) Revises requirements for federal lands and tribal transportation programs.

Authorizes DOT to conduct cooperative research and technology deployment in coordination with federal land management agencies for transportation planning of federal lands and tribal transportation facilities projects.

Requires DOT to combine and use no more than 5% of federal lands transportation program and federal lands access program funds for transportation planning activities for federal lands transportation facilities, federal lands access transportation facilities, and other federally-owned roads open to public travel.

Authorizes use of such funds also for:

  • inspections on federally-owned bridges even if not included in the national federal lands transportation facility inventory, and
  • transportation planning activities carried out by federal land management agencies.

Subtitle B--Acceleration of Project Delivery

(Sec. 11101) Amends MAP-21 to require specified inflationary adjustments to certain dollar amount limitations in federal-aid highway projects of limited federal assistance categorical excluded from the requirements relating to environmental assessments or environmental impact statements.

(A "categorical exclusion" under the National Environmental Policy Act of 1969 [NEPA] is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.)

(Sec. 11102) Directs DOT to develop a template programmatic agreement with states that provides for efficient procedures for evaluating categorical exclusion determinations that normally do not require any further NEPA approvals by the FHWA.

(Sec. 11103) Grants DOT, as federal lead agency in the environmental review process for a highway project, public transportation capital project, or multimodal project, authority and responsibility to consider and respond to comments received from participating federal and non-federal agencies on matters within the special expertise or jurisdiction of those agencies.

(Sec. 11104) Prescribes procedures for accelerating the project delivery decisionmaking process with respect to:

  • environmental review of highway, public transportation, or multimodal projects;
  • coordination among relevant agencies in meeting project deadlines;
  • public availability of the status of reviews, approvals, and permits for projects;
  • integration of planning and environmental review of projects between the lead agency (DOT) and participating federal and non-federal agencies; and
  • adoption of departmental environmental assessments or impact statements or other NEPA documents.

(Sec. 11111) Requires DOT, upon state request, to provide technical assistance to a state assuming responsibility for making categorical exclusion determinations for highway or related projects.

(Sec. 11112) Revises requirements for termination of a state from the surface transportation project delivery program.

(Sec. 11113) Revises requirements for application of categorical exclusions for multimodal projects.

(Sec. 11114) Directs DOT to examine ways to modernize and improve the NEPA environmental review process for federal-aid highway projects.

(Sec. 11115) Authorizes states to allow the erection of service club, charitable association, or religious service signs of a certain size on the Interstate System (IS), provided the state notifies the FHWA.

(Sec. 11116) Prescribes requirements for DOT to preserve certain historic sites, especially by aligning, to the maximum extent practicable, specified preservation requirements with NEPA and any avoidance alternative analysis it requires.

(Sec. 11117) Exempts from consideration for parkland, wildlife and waterfowl refuge, and historic site preservation purposes any common post-1945 concrete or steel bridge or culvert already exempt from individual review of its effect on any historic property.

(Sec. 11118) Authorizes the take of nesting swallows, between April 1 and August 31 of any year, without individual permit requirements to facilitate bridge construction or repair projects, provided the Department of the Interior promulgates a regulation under the Migratory Bird Treaty Act to allow it.

(Sec. 1119) Authorizes a recipient or subrecipient of federal-aid highway funds to: (1) incur preliminary preconstruction development and engineering costs for an eligible project before receiving project authorization from the state, and (2) request reimbursement of federal funds after the project authorization is received.

Subtitle C--Miscellaneous

(Sec. 11201) Permits an increase in the federal share of costs for federal-aid highway projects of up to 5% of what a state has contributed in qualified revenues for such project costs, if the state has contributed at least 5% of total project costs.

Defines "qualified revenues" to mean any amounts:

  • collected by a state for the registration of a passenger vehicle operating solely on fuels not subject to federal tax; and
  • that do not exceed, for such a vehicle, an annual amount paid for federal motor fuels taxes on fuel used by an average car fueled solely by gasoline.

Requires a DOT report to Congress on the most efficient and equitable means of taxing motor vehicle fuels not subject to a federal tax.

(Sec. 11203) Exempts from federal vehicle weight limitations on the IS, by an amount determines according to a specified formula, the operation of natural gas vehicles (maximum gross vehicle weight of 82,000 pounds) and emergency vehicles (maximum gross vehicle weight of 86,000 pounds).

Permits the continued operation on any IS-designated segment of U.S. Route 63 between the exits for highways 14 and 75 in Arkansas of any trucks that could operate legally on the segment at the posted speed limit before that designation. Permits the continued operation during daylight hours of any truck that can only travel on the segment below the posted speed limit if it could operate legally on the segment before IS designation.

(Sec. 11204) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to revise the high priority Raleigh-Norfolk Corridor of the NHS between Raleigh, North Carolina, and Norfolk, Virginia, to include Rocky Mount, Williamston, and Elizabeth City, North Carolina.

Includes Texas State Highway 44 from United States Route 59 at Freer, Texas, to Texas State Highway 358 as part of the high priority Lower Rio Grande Valley Corridor of the NHS in Texas.

Designates as a high priority corridor on the NHS, as part of Interstate Route I-11, the Intermountain West Corridor from the vicinity of Las Vegas, Nevada, extending north along U.S. Route 95, terminating at Interstate Route 80.

Declares as high priority corridors on the NHS as well as segments of the IS: (1) U.S. Route 117/Interstate Route 795 from U.S. Route 70 in Goldsboro, Wayne County, North Carolina, to Interstate Route 40 west of Faison, Sampson County, North Carolina; (2) U.S. Route 70 from its intersection with Interstate Route 40 in Garner, Wake County, North Carolina, to the Port at Morehead City, Carteret County, North Carolina; and (3) the Central Texas Corridor commencing at the logical terminus of Interstate 10, and generally following portions of U.S. Route 190 eastward passing in the vicinity Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing.

(Sec. 11205) Declares that "state repeat intoxicated driver law," with respect to federal requirements for minimum state penalties for repeat offenders for driving while intoxicated or driving under the influence, means any combination of state laws.

(Sec. 11206) Makes eligible for funding under the National Highway Performance Program and the Surface Transportation Program any projects for the installation of vehicle-to-infrastructure communication equipment.

(Sec. 11207) Allows a state transportation agency to relinquish park-and-ride lot facilities, or portions of them, to a local government agency for highway purposes if authorized to do so under state law.

(Sec. 11208) Directs DOT to:

  • establish a nationwide toll credit monitoring and tracking system, and
  • a toll credit marketplace pilot program in which eligible states may use proceeds from the transfer or sale of credits to fund the nonfederal share of surface transportation projects.

(Sec. 11209) Directs DOT to establish a regional infrastructure demonstration program to assist entities in developing improved infrastructure priorities and financing strategies for accelerated development of projects funded under the Transportation Infrastructure Finance and Innovation Act program.

Authorizes appropriations.

(Sec. 11210) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to declare State Route 410, the Sonoran Corridor connecting Interstate 19 to Interstate 10 south of the Tucson International Airport, a high priority corridor on the NHS.

TITLE II--TRANSPORTATION INNOVATION

Subtitle A--Research

(Sec. 12001) Revises requirements for the highway and bridge infrastructure research and development program and the Technology and Innovation Deployment Program.

Directs DOT to use at least 50% of program funds to make competitive innovative grants to, and enter into cooperative agreements and contracts with, states, other federal agencies, local governments, MPOs, institutions of higher education, private sector, and nonprofit organizations to carry out demonstration programs to accelerate the deployment and adoption of transportation research activities.

(Sec. 12002) Directs DOT to establish a competitive grant program to accelerate the deployment of the Intelligent Transportation System (ITS) program and ITS-enabled operational strategies to enhance mobility of people and goods on the surface transportation system.

(Sec. 12003) Directs DOT to enter into an agreement with the Transportation Research Board of the National Academies to study actions needed to upgrade and restore the Dwight D. 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 21st century and for the next 50 years.

(Sec. 12004) Directs DOT to:

  • promote the research of user-based alternative revenue mechanisms that preserve a user fee structure to maintain the long-term solvency of the HTF, and
  • establish a Surface Transportation Revenue Alternatives Advisory Council.

Authorizes DOT to provide grants to states or other appropriate entities to conduct such research.

Subtitle B--Data

(Sec. 12101) Requires any entity carrying out a project under the tribal transportation program to report annually to DOT and to Interior specified project data.

(Sec. 12102) Directs the FHWA to develop data sets and analysis tools to assist MPOs, states, and the FHWA in carrying out performance management analyses of federal-aid highways.

Subtitle C--Transparency and Best Practices

(Sec. 12201) Directs the FHWA to continue the Every Day Counts initiative to work with states, local transportation agencies, and industry stakeholders to identify and deploy proven innovative best practices and products that accelerate transportation innovation deployment and project delivery as well as improve the environment and roadway safety.

(Sec. 12202) Directs DOT, in coordination with the heads of federal agencies responsible for the review and approval of federal-aid highway projects, to measure and report on progress toward aligning federal reviews of such projects and improvement of project delivery.

(Sec. 12203) Directs DOT establish a competitive grant program to reward states, local governments, tribal organizations, and MPOs for implementation of policies and procedures that support performance-based management or use innovative technologies and best practices that improve the performance of the surface transportation system.

Authorizes appropriations for FY2016-FY2021.

(Sec. 12204) Directs DOT to compile and make available on the DOT public website any data on the amounts of federal-aid highway program funds made available under this Act for each fiscal year.

(Sec. 12205) Directs the Government Accountability Office (GAO) to make updated reports to Congress every five years on FHWA administrative expenses funded from the HTF during the three most recent fiscal years.

(Sec. 12206) Directs DOT to make every required report available on its public website.

(Sec. 12208) Requires the design for new construction or rehabilitation of NHS highways to take into account, in addition to other specified criteria, the environment and safety for other modes of transportation.

Directs DOT to establish standards to ensure that the design of federal surface transportation projects provide for safety for both motorized and nonmotorized users of the transportation network.

TITLE III--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 1998 AMENDMENTS

(Sec. 13001) Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) of 1998 to authorize as an eligible project cost the capitalizing of a rural projects fund using proceeds of secured loans made to state infrastructure banks to make loans for rural infrastructure projects.

Revises TIFIA program eligibility requirements, adding projects for public infrastructure near a fixed guideway transit facility, acquisition of plant and wildlife habitat, and capitalization of a rural projects fund by a state infrastructure bank.

Requires the reservation of $2 million of TIFIA program funds for highway infrastructure projects not exceeding $75 million.

Revises and makes permanent the state infrastructure bank program.

TITLE IV--TECHNICAL CORRECTIONS

(Sec. 14001) Makes various technical corrections to federal transportation laws.

TITLE V--MISCELLANEOUS

(Sec. 15001) Amends MAP-21 to require that the federal share, through FY2050, of the cost of constructing highways and access roads on the Appalachian development highway system may be lower than 100% (under current law shall be 100%).

(Sec. 15002) Revises and reauthorizes through FY2021 the Appalachian Regional Development Program.

Authorizes the Appalachian Regional Commission to provide technical assistance, make grants, and enter into contracts in the Appalachian region for projects to increase affordable access to broadband networks throughout the Appalachian region and for related projects and activities.

(Sec. 15003) Amends the Water Infrastructure Finance and Innovation Act to repeal the prohibition against the direct or indirect financing of water resources infrastructure projects receiving federal credit assistance with proceeds of any:

  • obligation the interest on which is tax exempt, or
  • with respect to which credit is allowable under a qualified tax credit bond or a Build America Bond.

(Sec. 15004) Authorizes as an eligible project cost for the construction of a federal-aid highway the enhancement of habitat and forage for pollinators (i.e., bees, birds, bats, Monarch and other butterflies) on rights-of-way adjacent to such highways.

Directs DOT, in conjunction with willing states, to carry out programs that encourage:

  • integrated vegetation management practices on roadsides and other transportation rights-of-way, including reduced mowing; and
  • the development of habitat and forage for pollinators through planting of native forbs and grasses, including noninvasive, native milkweed species.

Authorizes federal funds for the provision of habitat, forage, and migratory way stations for Monarch butterflies, other native pollinators, and honey bees that is related to a federally-funded highway project.

(Sec. 15005) Directs the FHWA to commission the Transportation Research Board of the National Academy of Sciences to study the performance of bridges receiving funding under the innovative bridge research and construction program in meeting that program's goals.

(Sec. 15006) Amends the Dingell-Johnson Sport Fish Restoration Act to extend through FY2021 the authorization of appropriations, and the current requirements for their distribution, for fish restoration and management projects.

Extends the set-aside for administrative expenses for carrying out such projects.

DIVISION B--PUBLIC TRANSPORTATION

TITLE XXI--FEDERAL PUBLIC TRANSPORTATION ACT

Federal Public Transportation Act of 2015

(Sec. 21003) Revises requirements for metropolitan transportation planning and statewide and nonmetropolitan transportation planning.

Prescribes requirements for the selection of representatives or officials to metropolitan planning organizations (MPOs).

Treats the Lake Tahoe region as an MPO, a transportation management area, and an urbanized area with specified populations in California and Nevada.

(Sec. 21005) Revises the urbanized area formula public transportation grant program for an urbanized area with a population under 200,000.

Authorizes DOT to make grants to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, for public transportation systems that operate a number of buses in a specified range in general public demand response service.

Allows each public transportation system that is a party to a written agreement on funds allocation with one or more other public transportation systems within the urbanized area to follow the terms of the agreement without regard to measured vehicle revenue hours if the agreement allocates such funds by a method other than by measuring vehicle revenue hours.

Authorizes DOT to award such grants to finance the operating cost of equipment and facilities to recipients for public transportation in an area with a population of at least 200,000. Authorizes such grant for a maximum of 2 years of targeted assistance to such an area with a three-month unemployment rate:

  • greater than 7%, and
  • at least 2 percentage points greater than the lowest 3-month unemployment rate for the area during the preceding 5-year period.

(Sec. 21006) Revises requirements for the fixed guideway capital investment grants program.

Eliminates the use of new fixed guideway grants for consideration of policies and land use patterns that promote public transportation.

Includes small start projects in programs of interrelated projects (together with new fixed guideway capital projects and core capacity improvement projects, as currently).

Authorizes DOT to award such grants for new fixed guideway capital projects and core capacity improvement projects for both public transportation and intercity passenger rail service.

Prescribes the federal share of project costs at up to 80%.

Authorizes DOT to award up to 10 capital investment grants to states and local governments to assist in financing new fixed guideway capital projects or small start projects and core capacity improvement projects. Prescribes requirements for the expedited approval of such projects. Sets 25% of the net capital project cost as the federal share under the grant.

(Sec. 21007) Directs the DOT Interagency Transportation Coordinating Council on Access and Mobility to publish a strategic plan that

  • outlines federal agency role and responsibilities with respect to local transportation coordination, including non-emergency medical transportation, for seniors and individuals with disabilities; and
  • addresses certain Council recommendations, including a cost-sharing policy for grantees.

Authorizes DOT to award grants to eligible recipients to assist in financing innovative projects for the transportation of seniors and disabled individuals that improve the coordination of transportation services and non-emergency medical transportation services.

Prescribes the federal share of project costs at up to 80%.

(Sec. 21008) Revises the nonurbanized formula grant program.

Directs DOT to apportion specified amounts of rural formula grants each fiscal year for public transportation on Indian reservations.

Prescribes requirements for the allocation of such grants to multiple Indian tribes providing public transportation on tribal lands in a single Tribal Statistical Area.

(Sec. 21009) Requires demonstration, deployment, or evaluation projects in public transportation to seek, among other things, the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology.

Prohibits DOT from making grants for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the project makes significant technological advancements in the vehicle.

Directs DOT to enter into a contract or cooperative agreement with, or make a grant to, up to two institutions of higher education to operate a facility to assess low or no emission vehicle components for use in low or no emission vehicles.

Directs DOT to establish a public transportation cooperative research program with an independent governing board. Authorizes DOT to make grants to, and cooperative agreements with, the National Academy of Sciences to carry out public transportation research, development, and technology transfer activities.

Repeals the transit cooperative research program.

(Sec. 21011) Authorizes states (lead procurement agencies) and grantees of public transportation assistance to enter into a cooperative procurement contracts with one or more vendors for the purchase of rolling stock (railroad cars) and related equipment.

Directs DOT to establish a pilot program for lead nonprofit entities similarly to enter into such contracts for such stock and equipment.

Directs DOT to carry out an incentive program for grantees to enter into capital leases for:

  • the costs of rolling stock or related equipment, and
  • certain zero emission vehicle components.

(Sec. 21012) Revises requirements for the innovative public transportation workforce development grant program.

(Sec. 21013) Revises Buy America requirements for public transportation projects. Authorizes DOT to waive such requirements when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) whose cost of components and subcomponents produced in the United States for:

  • FY2016 and FY2017, is more than 60% (as under current law) of the cost of all components of the rolling stock;
  • FY2018 and FY2019, is more than 65% of the cost of all such components; and
  • FY2020 and each fiscal year thereafter, is more than 70% of the cost of all components of such stock.

Prescribes requirements for: (1) calculation of the domestic content of certain rolling stock frames or car shells for waiver purposes, and (2) a certification of domestic supply for denied waiver applications.

(Sec. 21014) Directs DOT to prescribe regulations for project management oversight that include:

  • a requirement that oversight be limited to quarterly reviews of recipient compliance with the project management plan unless DOT finds that the recipient requires more frequent oversight because specified failures, and
  • a process for recipients that require more frequent oversight to return to quarterly reviews.

(Sec. 21015) Revises the public transportation safety program.

Revises contents of the national public transportation safety plan to include, among other things, minimum safety standards for the safe operation of public transportation systems.

Requires review of the efficacy of existing safety standards and protocols used in rail fixed guideway public transportation systems. Requires DOT to evaluate the need to establish federal minimum public transportation safety standards after conducting the review.

(Sec. 21016) Revises the formula for the apportionment of state of good repair grants to states for high intensity fixed guideways.

(Sec. 21017) Authorizes appropriations from the Highway Trust Fund (HTF) Mass Transit Account for FY2016-FY2021 for:

  • formula grants for public transportation, including allocations for specified projects;
  • the research, development demonstration, and deployment program;
  • technical assistance and standards development grants;
  • human resources and training grants;
  • public transportation emergency relief program;
  • capital investment grants; and
  • administration.

(Sec. 21018) Allocates certain amounts to states and territories for FY2016-FY2021 for formula bus and bus facilities grants.

Authorizes DOT to award competitive grants to recipients, states, or local governments for:

  • bus and bus facilities capital projects, and
  • low or no emission bus projects.

(Sec. 21019) Raises the salary of the Federal Transit Administrator from Level III to Level II of the Executive Schedule.

(Sec. 21020) Repeals requirements for public transportation facility projects for bicycles.

Sets aside a specified amount for each fiscal year for passenger ferry grants.

DIVISION C--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF 2015

Comprehensive Transportation and Consumer Protection Act of 2015

TITLE XXXI--OFFICE OF THE SECRETARY

Subtitle A--Accelerating Project Delivery

(Sec. 31101) Prohibits any person designated to serve as the acting head of a DOT administration from continuing to perform the functions and duties of the office if specified time limitations would prevent the person from continuing to serve in a formal acting capacity.

(Sec. 31102) Establishes in the DOT Office of the Secretary an Interagency Infrastructure Permitting Improvement Center, including an Infrastructure Permitting Steering Committee, to support modernization efforts at federal agencies and interagency pilots for innovative approaches to the permitting and review of infrastructure projects.

Directs DOT to establish performance measures and targets regarding progress made toward aligning federal reviews of such projects, as well as reducing permitting time and improving project delivery.

(Sec. 31103) Prescribes procedures for accelerating the project delivery decisionmaking process with respect to the environmental review of multimodal and transportation projects.

(Sec. 31104) Directs DOT to develop a coordinated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact statement under NEPA.

(Sec. 31105) Revises requirements for application of categorical exclusions for multimodal projects.

(A "categorical exclusion" under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.)

(Sec. 31106) Directs DOT to establish an online platform and issue reporting standards to make available to the public the status and progress with respect to project compliance with NEPA requirements.

(Sec. 31107) Revises and reauthorizes the state infrastructure bank program for FY2016-FY2021.

(Sec. 31108) Authorizes $199 million from the Highway Trust Fund Mass Transit Account for FY2016 for grants to assist in financing the installation of positive train control systems.

Subtitle B--Research

(Sec. 31202) Requires the head of each DOT modal administration and joint program office to submit an annual modal research plan for approval to the DOT Assistant Secretary for Research and Technology (Assistant Secretary).

Prohibits DOT from expending funds on research that has not previously been approved as part of an approved modal research plan unless:

  • such research is required by an Act of Congress,
  • it was part of a contract funded before enactment of this Act, or
  • DOT certifies to Congress that it is necessary before the approval of a plan.

(Sec. 31203) Directs DOT to publish annually, on a public website, a comprehensive prospectus on all DOT research projects, including research funded through University Transportation Centers.

Requires DOT to develop a five-year transportation research and development (R&D) strategic plan.

(Sec. 31204) Requires DOT to appoint a career federal employee to serve as Research Ombudsman to address complaints about specific research projects.

(Sec. 31205) Directs DOT to study digital technologies and information technologies, including shared mobility, data, transportation network companies, and on-demand transportation services to provide best practices for use of such information and technology in the planning of smart cities.

(Sec. 31206) Declares that the DOT Bureau of Transportation Statistics (BTS) shall not be required to obtain the approval of any other officer or employee of:

  • DOT with respect to the collection or analysis of any information, or
  • the U.S. government, before publication, with respect to the substance of any statistical technical reports or press releases lawfully prepared by the Bureau.

Grants the Bureau a significant role in the disposition and allocation of its authorized budget, including:

  • all hiring, grants, cooperative agreements, and contracts awarded by the Bureau; and
  • the disposition and allocation of amounts paid to the Bureau for cost-reimbursable projects.

(Sec. 31207) Eliminates the Office of the Assistant Secretary for Research and Technology of the Research and Innovative Technology Administration. Makes the Secretary of Transportation (currently, Administrator of the Research and Innovative Technology Administration) responsible for coordination and review of DOT R&D programs and activities.

(Sec. 31208) Eliminates the Office of Intermodalism of the Research and Innovative Technology Administration [Office of the Assistant Secretary for Research and Technology of DOT].

Subtitle C--Port Performance Act

Port Performance Act

(Sec. 31303) Directs the BTS to establish a port performance statistics program to provide nationally consistent measures of performance of at least the nation's top 25 ports by tonnage, its top 25 ports by 20-foot equivalent unit, and its top 25 ports by dry bulk.

Directs the BTS to collect monthly port performance measures for each specified U.S. port that receives federal assistance, or is subject to federal regulation to report annually to the BTS on statistics on capacity and throughput.

TITLE XXXII--COMMERCIAL MOTOR VEHICLE AND DRIVER PROGRAMS

Subtitle A--Compliance, Safety, and Accountability Reform

(Sec. 32001) Directs the Federal Motor Carrier Safety Administration (FMCSA) to commission the National Research Council of the National Academies to study the Safety Measurement System (SMS) and the Compliance, Safety, Accountability (CSA) program.

Requires the Council, in conducting this study, to analyze:

  • the accuracy with which the Behavior Analysis and Safety Improvement Categories (BASIC) safety measures used by the SMS identify high risk drivers and carriers and predict future crash risk or other safety indicators for individual drivers, motor carriers, and the highest risk carriers; and
  • existing data collection gaps or data sufficiency problems and their impact on the efficacy of the CSA program.

Directs the FMCSA, after submission of a report identifying any deficiency or opportunity for improvement in the CSA program or SMS, to submit a corrective action plan to Congress that identifies how FMCSA will address such concerns.

(Sec. 32002) Requires the FMCSA to incorporate a safety improvement metrics methodology into the CSA program or establish a third-party process to allow recognition, improved score, approved tools, programs, and systems that exceed regulatory requirements or are used to enhance safety performance.

(Sec. 32003) Declares that none of the analysis of violation information, enforcement prioritization, not-at-fault crashes, alerts, or the relative percentile for each BASIC developed through the CSA program may be made available to the general public (but state violation and inspection information may be presented) until the DOT Inspector General certifies that, among other things, any deficiencies identified in the correlation study required by this subtitle have been addressed and the corrective action plan has been implemented.

(Sec. 32004) Directs the FMCSA to develop functional specifications to ensure the consistent and accurate input of data into systems and databases relating to the CSA program.

(Sec. 32005) Requires the FMCSA also to initiate a demonstration program that allows motor carriers and drivers to request a review of crashes and the removal of crash data for use in the FMCSA safety measurement system of crashes, and removal from any weighting or carrier safety analysis, if the commercial motor vehicle was operated legally and another motorist in connection with the crash is found to have committed certain driving offenses.

Authorizes the FMCSA to establish a fee system in which a motor carrier is charged a fee for each review of a crash the carrier requests.

(Sec. 32006) Directs DOT to convene a working group of state representatives or state law enforcement officials, as well as representatives of industry, labor, safety advocates, and other interested individuals, to review the data elements of post-accident reports, for tow-away accidents involving commercial motor vehicles, that are reported to the federal government.

(Sec. 32007) Directs the FMCSA to establish a program to recognize publicly motor carriers and drivers whose safety records and programs exceed compliance with FMCSA safety regulations and demonstrate clear and outstanding safety practices.

(Sec. 32008) Requires DOT, after completion of the Inspector General's certification process, and the establishment of the Safety Fitness Determination program, to ensure that a review is completed on each motor carrier that demonstrates through performance data for four consecutive months that it poses the highest safety risk.

Subtitle B--Transparency and Accountability

(Sec. 32201) Directs the FMCSA to establish procedures for application for, and review of, the exemption from federal hours of service requirements for commercial motor vehicle drivers. Limits exemptions to a five-year period, with an additional renewal period of five years.

Requires the FMCSA to make specified limited exemptions permanent.

(Sec. 32202) Directs the FMCSA to revise federal safety fitness regulations for motor carriers to incorporate by reference the certification standards for roadside inspectors issued by the Commercial Vehicle Safety Alliance.

(Sec. 32203) Directs the GAO to analyze FMCSA information technology and data collection and management systems.

Subtitle C--Trucking Rules Updated by Comprehensive and Key Safety Reform

(Sec. 32301) Directs FMCSA to report to Congress on the status of a final rule for:

  • the minimum entry-level training requirements for individuals operating a commercial motor vehicle,
  • motor carrier safety fitness determinations,
  • visibility of agricultural equipment,
  • regulations to require that commercial motor vehicle drivers subject to federal hours of service and record of duty status requirements be equipped with an electronic control module to limit the maximum speed of a vehicle, and
  • outstanding commercial motor vehicle safety regulations required by law and incomplete for more than two years.

(Sec. 32302) shall prioritize the use of FMCSA resources for the completion of each outstanding statutory requirement for a rulemaking before beginning any new rulemaking unless there is a significant need to move forward with a new rulemaking.

(Sec. 32303) Requires each FMCSA guidance document (other than a regulatory action) and interpretation to:

  • provide certain information, including point of contact information; and
  • be published on the DOT website.

Directs the FMCSA to review, at least once every five years, its guidance and enforcement policies to determine whether they are consistent and clear.

(Sec. 32304) Directs FMCSA to publish on the DOT website all submitted petitions for regulatory action.

(Sec. 32305) Prescribes requirements for public participation in FMCSA rulemaking as well as for an impact analysis of every proposed or final rule.

Subtitle D--State Authorities

(Sec. 32401) Directs the FMCSA to establish a working group to determine best practices for expeditious state approval of special permits for emergency response and recovery vehicles.

(Sec. 32402) Grants any state affected by the length restrictions of the Intermodal Surface Transportation Efficiency Act of 1991 on commercial motor vehicles with two or more cargo-carrying units on federal and federal-aid highways the option to update the routes in the final list as long as the update shifts routes to divided highways or does not increase centerline miles by more than 5% and the change is expected to increase safety performance.

(Sec. 32403) Authorizes the FMCSA to establish a six-year pilot program to study the feasibility of allowing licensed drivers between the ages of 18 and 21 to operate commercial motor vehicles.

Allows states (including the District of Columbia) to enter into an interstate compact with contiguous states to allow such drivers to operate such vehicles across state lines.

Subtitle E--Motor Carrier Safety Grant Consolidation

(Sec. 32502) Revises requirements for the motor carrier safety assistance grant program.

Directs DOT to publish approved state multiple-year motor carrier safety improvement plans, and annual updates, on the DOT public website.

Authorizes DOT, in lieu of withdrawing approval of noncompliant state plans, to withhold from such states, for the fiscal year, graduated percentages of grant program funds.

Directs DOT to administer a financial assistance program for discretionary grants to and cooperative agreements with states, local governments, federally-recognized Indian tribes, and other persons to carry out high priority motor carrier safety activities and projects.

Requires DOT to establish an innovative technology deployment discretionary program of grants to states for the innovative technology deployment of commercial motor vehicle information systems and networks.

Directs DOT to administer a commercial motor vehicle operators grant program to train individuals in the safe operation of commercial motor vehicles.

Authorizes appropriations from the Highway Trust Fund (HTF) for FY2017-FY2021 for FMCSA Financial Assistance Programs, including:

  • the motor carrier safety assistance grant program,
  • the high priority activities financial assistance grant program,
  • the commercial motor vehicle operators grant program, and
  • the commercial driver's license program implementation financial assistance grant program (established in this title).

Repeals specified commercial motor vehicle safety programs.

(Sec. 32503) Directs the DOT Office of Inspector General to report to Congress on its assessment of the new operator safety review program, including its effectiveness in reducing commercial motor vehicle crashes, fatalities, and injuries, and in improving commercial motor vehicle safety.

(Sec. 32504) Renames the performance and registration information program as the performance and registration information systems management program.

(Sec. 32505) Authorizes appropriations from HTF (other than the Mass Transit Account) for FY2016-FY2021 for FMCSA administrative expenses.

Authorizes DOT to establish a motor carrier safety facility working capital fund for modernization and construction of motor carrier safety facilities and associated activities.

Authorizes DOT to conduct an outreach and education program to be administered by the FMCSA.

(Sec. 32506) Revises the program of financial assistance grants to states to implement the commercial driver's license program.

Repeals the requirement that grants in a fiscal year to state agencies, local governments, or persons be for 100% of the costs of priority research, development or testing, demonstration projects, public education, or other special activities relating to commercial driver's licensing and motor vehicle safety.

(Sec. 32507) Extends the authorization of appropriations from the HTF (other than the Mass Transit Account) for FY2016 for the motor carrier safety assistance grant program.

Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to extend through FY2016 the authorization of appropriations from the HTF for FMCSA programs, including:

  • the commercial driver's license program improvement grants program,
  • border enforcement grants,
  • the performance and registration information systems management grant program,
  • the commercial vehicle information systems and networks deployment program (also known as the innovative technology deployment program), and
  • safety data improvement grants.

Extends through FY2016 the set-aside of certain funds for:

  • high priority activities and projects to improve commercial motor vehicle safety and compliance with federal commercial motor vehicle safety regulations; and
  • new entrant motor carrier audit grants.

Extends through FY2016 the authorization of appropriations from the HTF (other than the Mass Transit Account) for the commercial motor vehicle operators grant program.

(Sec. 32508) Directs DOT to establish a motor carrier safety assistance program formula working group to analyze requirements and factors for a new motor carrier safety assistance program allocation formula based on specified factors.

Prescribes requirements for program funding prior to development of a new allocation formula.

(Sec. 32509) Prescribes requirements for maintenance of effort funding for the lead state agency responsible for administering the motor carrier safety assistance plan for FY2017 and ensuing fiscal years if a new allocation formula has not been established for the pertinent fiscal year.

Subtitle F--Miscellaneous Provisions

(Sec. 32601) Directs DOT to revise certain federal regulations prohibiting obstructions to a driver's field of view to exempt from those prohibitions the voluntary mounting on a windshield of vehicle safety technology likely to achieve a level of safety equivalent to or greater than what would be achieved without the exemption.

(Sec. 32602) Revises electronic logging devices requirements.

Permits motor carriers to require its drivers to comply with federal hours of service requirements by using either a paper record of duty status form or an electronic logging device when transporting a motor home or recreation vehicle trailer in a driveaway-towaway operation (in which an empty or unladen motor vehicle with one or more sets of wheels is being transported between specified business facilities).

(Sec. 32603) Revises requirements for a notice to DOT of cancellation of liability insurance for motor carriers, brokers, or freight forwarders. Grants DOT authority to suspend, as an alternative to revoking, the registration of the motor carrier, broker, or freight forwarder because of the lapse and subsequent cancellation of liability insurance.

(Sec. 32604) Authorizes the FMCSA to request the chief driver licensing official of a state to provide driver record information on an individual from the National Driver Register in connection with an FMCSA safety investigation.

(Sec. 32605) Directs the FMCSA to study the effects of motor carrier operator commutes exceeding 150 minutes commuting time on safety and commercial motor vehicle driver fatigue.

(Sec. 32606) Directs DOT to establish a working group to develop recommendations on how to best convey to inexperienced consumers the information they need to know with respect to federal laws on the interstate transportation of household goods by motor carrier.

(Sec. 32607) Amends SAFETEA-LU to exempt commuter vanpool operations from federal motor carrier safety regulations for commercial motor vehicles which transport between 9 and 15 passengers (including the driver).

(Sec. 32608) Directs DOT to report to Congress regarding the design, development, testing, and implementation of wireless roadside inspection systems.

(Sec. 32609) Prohibits DOT from revising, by rulemaking or other means, federal driver hours of service regulations for motor carriers of passengers until it conducts a study that accounts for operational differences in crash data for drivers in intercity motorcoach service and interstate property carrier operations and between segments of the intercity motorcoach industry.

(Sec. 32610) Directs GAO to review:

  • existing federal and state rules and guidance concerning school bus transportation of elementary and secondary school students engaging in home-to-school transport or other transport as a routine part of kindergarten through grade 12 education,
  • any correlation between public or private school bus fleet operators whose vehicles are involved in an accident and specified failures or violations,
  • a regulatory framework comparison of public and private school bus operations, and
  • recommendations on best practices for safe school bus transportation.

(Sec. 32611) Drug Free Commercial Driver Act of 2015

Revises the requirement that motor carriers conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for controlled substances or alcohol.

Allows motor carriers to use hair testing as an acceptable alternative to mandatory urinalysis for detecting use of controlled substances by an operator, but only for preemployment testing and random testing (and the latter only if the motor carrier tested the operator at preemployment using the same method).

Requires DOT to develop requirements for laboratories and testing procedures for controlled substances that include mandatory guidelines that establish, among other things, laboratory protocols and cut-off levels for hair testing to detect the use of such a substance.

Directs the Department of Health and Human Services to issue scientific and technical guidelines for hair testing as a method for detecting the use of controlled substances.

TITLE XXXIII--HAZARDOUS MATERIALS

(Sec. 33101) Directs DOT to exempt from the requirement to obtain a hazardous material (hazmat) endorsement all class A commercial driver's license holders who are custom harvesters, agricultural retailers, agricultural business employees, agricultural cooperative employees, or agricultural producers who operate a service vehicle with a fuel tank containing 3,785 liters (1,000) gallons or less of diesel fuel if the tank is clearly marked with a placard reading "Diesel Fuel."

(Sec. 33102) Changes the mandatory biennial DOT report to specified congressional committees on hazmat transportation to a mandatory biennial report posted on the DOT website.

(Sec. 33103) Directs DOT to revise the form for reporting a rail equipment accident or incident to require additional data concerning rail cars carrying crude oil or ethanol involved in a reportable rail equipment accident or incident.

Requires the DOT Inspector General to evaluate:

  • the accuracy of information in the Incident Reports Database; and
  • the consistency and accuracy of data involving accidents or incidents reportable to both the Pipeline and Hazardous Materials Safety Administration and the Federal Railroad Administration, including whether the Incident Reports Database uses a searchable identifier.

(Sec. 33104) Revises requirements for the safe hazmat transportation.

Authorizes DOT to prescribe standards for the safe movement of hazmat into, from, and within a federally declared disaster area or a national emergency.

(Sec. 33105) Authorizes appropriations to DOT for regulation of hazmat transportation for FY2016-FY2021.

Authorizes DOT to make certain expenditures from the Hazardous Materials Emergency Preparedness Fund, in particular for hazmat training grants.

TITLE XXXIV--HIGHWAY AND MOTOR VEHICLE SAFETY

Subtitle A--Highway Traffic Safety

PART I--Highway Safety

(Sec. 34101) Authorizes appropriations from the Highway Trust Fund (HTF) (other than the Mass Transit Account) for FY2016-FY2021 for National Highway Traffic Safety Administration (NHTSA) safety programs, including:

  • the highway safety research and development program,
  • national priority safety programs,
  • the National Driver Register,
  • the High Visibility Enforcement Program, and
  • NHTSA administrative expenses.

(Sec. 34102) Authorizes a state to provide highway safety and national priority safety program funds to state political subdivisions, including Indian tribal governments.

Reduces from 60 to 45 the number of days during which DOT must review and approve state highway safety plans it has received.

(Sec. 34103) Revises requirements for impaired driving countermeasures incentive grants.

Requires DOT to award separate grants to each state that:

  • adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or driving while intoxicated to receive a restriction on driving privileges, and
  • provides a 24-7 sobriety program.

Prescribes funding requirements.

(Sec. 34104) Adds a 24-7 sobriety program to criteria for state repeat offender laws.

(Sec. 34105) Directs DOT to report to Congress on NTHSA progress toward reviewing and implementing recommendations made in a GAO report on the National Roadside Survey of alcohol and drug use by drivers.

(Sec. 34106) Directs NTHSA to identify and carry out additional actions it should undertake to assist state efforts to increase public awareness of the dangers of drug-impaired driving, including the dangers of driving while under the influence of heroin or prescription opioids.

(Sec. 34107) Directs DOT to revise the NTHSA crash investigation data collection system to include certain data about vehicle crashes whenever a child restraint system was in use in a vehicle involved in a crash.

PART II--Stop Motorcycle Checkpoint Funding Act

Stop Motorcycle Checkpoint Funding Act

(Sec. 34122) Prohibits DOT from providing grants or funds to a state, county, town, or township, Indian tribe, municipal, or other local government for use in any program to check helmet usage or create checkpoints for motorcycle drivers or passengers.

PART II--Improving Driver Safety Act of 2015

Improving Driver Safety Act of 2015

(Sec. 34132) Revises distracted driving incentive grant program eligibility requirements to require DOT to award such grants to states that:

  • include distracted driving issues as part of their driver's license examination,
  • do not make an exception that allows a driver to use a personal wireless communications device for texting while stopped in traffic, and
  • prohibits the use of such a device for drivers with a learner's permit or intermediate license.

Authorizes DOT to use up to 50% of amounts available for grants to states that:

  • in FY2017 certify that they have enacted a basic text messaging statute for drivers of all ages, make violation of the statute a primary offense or secondary enforcement action, and are otherwise ineligible for a grant; and
  • in FY2018 meet the aforementioned requirements, impose fines for violations, and have a statute that prohibits a driver younger than 18 from using a personal wireless communications device while driving.

Authorizes states to use grant funds for:

  • enforcement of distracted driving laws, and
  • highway safety program projects.

(Sec. 34133) Directs NHTSA to report to Congress on any legal and technical barriers to capturing data on the prevalence of the use of wireless communications devices while driving, including recommendations on how to address those barriers.

(Sec. 34134) Revises criteria for state graduated driver licensing incentive grants.

PART IV--Technical and Conforming Amendments

(Sec. 34141) Makes technical corrections to the Motor Vehicle and Highway Safety Improvement Act of 2012.

Subtitle B--Vehicle Safety

(Sec. 34201) Authorizes appropriations for FY2016-FY2021 to DOT for motor vehicle and driver programs. Authorizes additional appropriations to DOT for that period if it certifies to Congress that NHTSA has implemented all the recommendations in the Office of Inspector General Audit Report issued June 18, 2015 (ST-2015-063).

(Sec. 34202) Directs the DOT Inspector General to report to Congress on whether and what progress has been made to implement such recommendations.

(Sec. 34203) Directs DOT to implement current information technology, web design trends, and best practices to ensure that motor vehicle safety recall information is readily accessible to the public on the federal website.

Directs GAO to study the current use of safety recall information by consumers, dealers, and manufacturers, including the usability and content of the federal and manufacturers' websites and NHTSA efforts to publicize and educate consumers about safety recall information.

Directs DOT to:

  • make available to the public on the internet detailed guidance for consumers submitting motor vehicle safety complaints; and
  • study the feasibility of searching multiple vehicle identification numbers at a time to retrieve motor vehicle safety recall information, and of making that search mechanism publicly available.

(Sec. 34204) Directs DOT to prescribe a final rule revising federal regulations for motor vehicle manufacturer notifications to vehicle owners of motor vehicle or equipment safety defects or noncompliance with federal motor vehicle safety standards in order to permit notification by electronic means.

Directs DOT periodically to analyze vehicle safety recall completion rates to assess potential actions by NHTSA to improve them.

Requires the DOT Inspector General to audit NHTSA's management of vehicle safety recalls.

(Sec. 34205) Directs DOT to implement a two-year pilot grant 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.

(Sec. 34206) Declares that a manufacturer's filing of a petition in bankruptcy under chapter 7 (Liquidation) of the federal bankruptcy code does not negate the manufacturer's duty to comply with specified prohibitions and requirements for the manufacturing, selling, and importing of motor vehicles and equipment.

(Sec. 34207) Revises the requirement that a manufacturer pay fair reimbursement to a dealer providing a remedy without charge to defective or noncompliant motor vehicles or equipment to subject it to the double condition that:

  • the dealer notify the vehicle owner of any open recall at the time the remedy is provided; and
  • the notification requirement be specified in a franchise, operating, or other agreement between the dealer and the manufacturer.

Defines "open recall" to mean a recall for which a notification by a manufacturer has been provided and the defect or noncompliance has not been remedied.

(Sec. 34208) Increases from 60 to 180 the number of days within which a tire owner or purchaser must present a defective or noncompliant tire to the manufacturer for remedy after:

  • receiving the notice of defect or noncompliance; or
  • receiving notice that a replacement tire is available, if the manufacturer decides to replace the tire.

(Sec. 34209) Raechel and Jacqueline Houck Safe Rental Car Act of 2015

Authorizes a rental company that receives a notification (approved by NHTSA) from the manufacturer of a covered rental vehicle about any equipment defect, or noncompliance with federal motor vehicle safety standards, to rent or sell the vehicle or equipment only if the defect or noncompliance is remedied.

Specifies any rental vehicle:

  • rated at 10,000 pounds gross vehicle weight or less,
  • rented without a driver for an initial term of under 4 months, and
  • that is part of a motor vehicle fleet of 5 or more motor vehicles used for rental purposes by a rental company.

Prescribes a special rule to require rental companies to comply with specified limitations on sale, lease, or rental of a motor vehicle as soon as practicable, but within 24 hours after the earliest receipt of the manufacturer's notification of a defect or noncompliance with vehicle safety standards, whether by electronic means or first class mail. Extends the 24-hour deadline for complying with such limitations to 48 hours if the notification covers more than 5,000 motor vehicles in the rental company's fleet.

Permits a rental company to rent (but not sell or lease) a motor vehicle subject to recall if the defect or noncompliance remedy is not immediately available and the company takes any actions specified in the notice to alter the vehicle temporarily to eliminate the safety risk posed.

Makes these special rules for rental companies inapplicable to junk automobiles.

Prohibits a rental company from knowingly making inoperable any safety devices or elements of design installed on or in a compliant motor vehicle or vehicle equipment unless the company reasonably believes the vehicle or equipment will not be used when the devices or elements are inoperable.

Authorizes DOT, upon request, to inspect records of a rental company with respect to a safety investigation. Authorizes DOT to require a rental company to keep records or make reports for purposes of compliance with federal motor vehicle safety orders or regulations.

Authorizes DOT to study the effectiveness of the amendments made by this Act and of other activities of rental companies.

Amends MAP-21 to require the mandatory study of the safety of rental trucks during a specified seven-year period to evaluate the completion of safety recall remedies on rental trucks.

Directs DOT to solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers.

Declares that nothing in this Act shall:

  • be construed to create or increase any liability for a manufacturer who manufactures or imports a motor vehicle that is subject to defect or noncompliance recall requirements; or
  • supersede or otherwise affect the contractual obligations, if any, between such manufacturer and a rental company.
(Sec. 34210) Increases from $5,000 to $21,000 for each violation, and from $35,000 to $105 million for a related series of violations, the maximum civil penalties for violations of federal motor vehicle safety requirements.

(Sec. 34211) Authorizes a state, without DOT approval, to allow electronic written disclosures or notices and related matters with respect to odometer disclosures required when ownership of a motor vehicle is transferred, provided certain requirements are met.

(Sec. 34212) Requires DOT (which, currently, is merely authorized) to issue a final rule requiring the senior official responsible for safety in a company to certify certain information submitted in response to a request for information in a NHTSA safety defect or compliance investigation.

(Sec. 32213) Directs DOT to issue a report on the feasibility of a technical system that would operate in each new motor vehicle to indicate when it is subject to an open recall.

(Sec. 34214) Amends MAP-21 to require DOT (which, currently, is merely authorized) to initiate research into effective ways to minimize the risk of hyperthermia or hypothermia to children or other unattended passengers in rear seating positions.

(Sec. 34215) Directs DOT to propose a rule updating standards for the installation of tire pressure monitoring systems in new motor vehicles to ensure that they cannot be overridden, reset, or recalibrated to a level other than a safe pressure level.

Subtitle C--Research and Development and Vehicle Electronics

(Sec. 34301) Directs DOT to report to Congress regarding operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies.

(Sec. 34302) Authorizes DOT, in conducting motor vehicle safety research and development, to enter, in coordination with the Department of State, into cooperative agreements and collaborative research and development agreements with foreign governments.

Subtitle D--Miscellaneous Provisions

PART I--Driver Privacy Act of 2015

Driver Privacy Act of 2015

(Sec. 34402) Declares that any data in an event data recorder required to be installed in a passenger motor vehicle (as provided for under DOT regulations concerning the collection, storage, and retrievability of onboard motor vehicle crash event data) is the property of the owner or lessee of the vehicle in which the recorder is installed, regardless of when the vehicle was manufactured.

Prohibits a person, other than the owner or lessee of the motor vehicle, from accessing data recorded or transmitted by such a recorder unless:

  • a court or other judicial or administrative authority authorizes the retrieval of such data subject to admissibility of evidence standards;
  • an owner or lessee consents to such retrieval for any purpose, including vehicle diagnosis, service, or repair;
  • the data is retrieved pursuant to certain authorized investigations or inspections of the National Transportation Safety Board or DOT;
  • the data is retrieved to determine the appropriate emergency medical response to a motor vehicle crash; or
  • the data is retrieved for traffic safety research, and the owner's or lessee's personally identifiable information and the vehicle identification number are not disclosed.

(Sec. 34403) Directs NHTSA, after completing a study and submitting a report to Congress, to promulgate regulations concerning the amount of time event data recorders installed in passenger motor vehicles may capture and record vehicle-related data to provide accident investigators with pertinent crash-related information.

PART II--Safety Through Informed Consumers Act of 2015

Safety Through Informed Consumers Act of 2015

(Sec. 34422) Revises passenger motor vehicle information program requirements.

Directs DOT to promulgate a rule to ensure that passenger motor vehicle crash avoidance information is indicated next to crashworthiness information on stickers placed on motor vehicles by their manufacturers.

PART III--Tire Efficiency, Safety, and Registration Act of 2015

Tire Efficiency, Safety, and Registration Act of 2015 or the TESR Act

(Sec. 34432) Requires DOT to promulgate regulations for:

  • tire fuel efficiency minimum performance standards, and
  • tire wet traction minimum performance standards.

(Sec. 34433) Directs DOT to initiate a rulemaking to require independent distributors or dealers of tires to maintain records containing certain information on sales of tires.

(Sec. 34434) Directs DOT to establish a publicly available electronic tire recall database.

TITLE XXXV--RAILROAD REFORM, ENHANCEMENT, AND EFFICIENCY

Railroad Reform, Enhancement, and Efficiency Act

(Sec. 35002) Revises definitions related to the National Railroad Passenger Corporation (Amtrak).

Delineates the Northeast Corridor main line as between Boston, Massachusetts, and the Virginia Avenue interlocking in the District of Columbia, and the facilities and services used to operate and maintain that line.

Subtitle A--Authorization of Appropriations

(Sec. 35101) Authorizes appropriations to DOT for FY2016-FY2019 for grants to Amtrak for:

  • national infrastructure and safety investments,
  • a Northeast Corridor investment account,
  • a state-supported account (for intercity rail services and routes not included in the national rail passenger transportation system),
  • a long-distance account,
  • an other national network activities account, and
  • intercity passenger rail service capital investments.

(Sec. 35103) Authorizes FY2016-FY2019 appropriations to:

  • National Transportation Safety Board for railroad accident investigations; and
  • the Amtrak Office of the Inspector General.

(Sec. 35105) Requires the rail cooperative research program to include research to improve the overall safety of intercity passenger and freight rail operations.

Allocates $5 million (as under current law) for any fiscal year beyond FY2013 for railroad research and development programs.

Subtitle B--Amtrak Reform

(Sec. 35201) Directs Amtrak to establish internal controls to ensure its costs, revenues, and other compensation are allocated to its Northeast Corridor train services or infrastructure, its state-supported routes, its long-distance routes, and its other national network activities.

Directs DOT to establish substantive and procedural requirements for Northeast Corridor, state-supported, long-distance, and other national network investment capital grant requests.

Directs Amtrak to establish:

  • a Northeast Corridor investment account for capital improvement projects, and
  • a state-supported account,
  • a long-distance account, and
  • an other national network activities account for Amtrak capital expenses and operating costs.

(Sec. 35202) Directs Amtrak to submit to Congress and DOT:

  • final five-year business line plans for Northeast Corridor train services, Amtrak-operated state-supported routes and long-distance routes, and Amtrak ancillary services; and
  • five-year asset plans for Amtrak infrastructure and equipment.

(Sec. 35203) Directs DOT to establish the State-Supported Route Committee to promote mutual cooperation and planning pertaining to the rail operations of Amtrak and related activities of trains operated by Amtrak on state-supported routes.

Requires Amtrak to provide to each state that sponsors a state-supported route a monthly invoice of the cost of operating it, including fixed costs and third-party costs.

(Sec. 35204) Amends the Passenger Rail Investment and Improvement Act of 2008 to revise requirements with respect to methodologies for Amtrak route and service planning decisions an independent entity obtained by Amtrak must develop and recommend for Amtrak to use in the planning of intercity rail passenger transportation routes and services. Requires Amtrak to obtain the services of such an independent entity as a condition of receiving a grant.

(Sec. 35205) Revises alternate passenger rail service pilot program requirements.

Directs DOT to promulgate a rule to implement a pilot program for competitive selection of rail carriers meeting specified criteria to provide intercity rail passenger transportation over a long-distance route in lieu of Amtrak for an operations period of four years (renewable twice).

Requires the Surface Transportation Board, if there is a dispute between Amtrak and a rail carrier awarded the right to provide rail service over a route in which Amtrak is to grant access to its reservation system, stations, and facilities, to issue an order requiring Amtrak to provide such facilities and services to those carriers if certain requirements are met.

(Sec. 35206) Requires Amtrak, before entering into contracts exceeding $100 million to procure rolling stock, to submit to DOT and Congress a business case analysis on the utility of such procurements.

(Sec. 35207) Directs Amtrak to develop a plan to eliminate the operating loss for food and beverage service on board its trains.

Bars the use of federal funds, beginning four years after enactment of this Act, to cover any such loss on a route operated either by Amtrak or by an alternative passenger rail service provider in lieu of Amtrak.

(Sec. 35208) Directs Amtrak to establish a pilot program for a state or states that sponsor a state-supported route operated by Amtrak to facilitate:

  • onboard purchase and sale of local food and beverage products, and
  • partnerships with local entities to hold promotional events on trains or in stations.

(Sec. 35209) Directs Amtrak to request proposals from qualified persons or entities to utilize right-of-way and real estate owned by Amtrak for telecommunications systems, energy distribution systems, and other appropriate activities. Authorizes Amtrak to enter into an agreement to implement any such proposal or proposals.

(Sec. 35210) Requires Amtrak to report to Congress on options to enhance economic development and accessibility of and around Amtrak stations and terminals.

Directs Amtrak to request proposals from qualified persons, including small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses, to lead, participate, or partner with Amtrak, a station owner, and other entities in enhancing economic development in and around such stations and terminals using these options.

(Sec. 35211) Amends the Passenger Rail Investment and Improvement Act of 2008 to extend indefinitely specified authority to restructure long-term Amtrak debt and capital leases. Limits any such restructuring to the extent provided in advance in appropriations Acts.

Prohibits Amtrak from incurring more debt after the enactment of this Act without the express advance approval of DOT (as under current law), unless that debt receives credit assistance (including direct loans and loan guarantees) under the Railroad Revitalization and Regulatory Act of 1976.

(Sec. 35212) Directs Amtrak to:

  • develop a pilot program to allow passengers to transport domesticated cats or dogs on certain Amtrak trains, and
  • collect fees for each cat or dog (except service animals) transported by a ticketed passenger.

Bars the use of federal funds to implement this program.

(Sec. 3513) Revises requirements for the composition and terms of members of the Amtrak Board of Directors. Specifies the regions each of the seven additional members must come from.

(Sec. 35214) Directs the Amtrak Inspector General to:

  • evaluate Amtrak's boarding procedures for passengers, including those using or transporting nonmotorized transportation, such as wheelchairs and bicycles, at its 15 stations through which the most people pass; and
  • make certain comparisons and recommendations to improve such procedures.

Subtitle C--Intercity Passenger Rail Policy

(Sec. 35301) Directs DOT to develop a program for issuing three-year competitive operating assistance grants to a state (or group of states), an Interstate Compact, a public agency responsible for intercity rail passenger transportation or commuter rail passenger transportation, a state political subdivision, Amtrak, or a rail carrier to initiate, restore, or enhance intercity rail passenger service.

Requires a grant applicant to submit to DOT:

  • a capital and mobilization plan, and
  • an operating plan.

(Sec. 35302) Directs DOT to develop a federal-state partnership program for issuing competitive grants to the aforementioned entities for capital projects to replace, rehabilitate, or repair major infrastructure assets for providing intercity passenger rail service.

Makes eligible for a grant any projects that are on:

  • a state rail plan, or
  • the Northeast Corridor Capital Investment Plan.

(Sec. 35303) Prescribes requirements for the award of large capital project grants in excess of $1 billion.

(Sec. 35304) Directs DOT to study the availability and use of small businesses owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses in publicly funded intercity passenger rail service projects.

(Sec. 35305) Directs DOT to convene a working group to evaluate the restoration of intercity rail passenger service in the Gulf Coast region between New Orleans, Louisiana, and Orlando, Florida.

(Sec. 35306) Directs DOT to convene a working group to review:

  • the potential operation of state-supported routes by rail passenger carriers other than Amtrak, and
  • their role in establishing an integrated intercity passenger rail network in the United States.

(Sec. 35307) Directs DOT to study:

  • the shared use of right-of-way by passenger and freight rail systems, and
  • the operational, institutional, and legal structures that would best support improvements to both systems.

(Sec. 35308) Revises the purpose of the Northeast Corridor Infrastructure and Operations Advisory Commission to require it to promote mutual cooperation and planning pertaining to rail infrastructure investments of the Northeast Corridor.

Revises membership composition of the Commission to include individuals from the Office of the Secretary of Transportation and the Federal Transit Administration.

Requires the Commission to update periodically its statement of goals concerning the future of Northeast Corridor rail infrastructure and operations and to submit it to Congress, along with with annual performance reports and recommendations for improvements for commuter, intercity, and freight rail transportation along the Corridor, as well as a Northeast Corridor capital investment plan.

Directs the Commission to develop:

  • a capital investment plan for the Northeast Corridor main line between Boston, Massachusetts, and the Virginia Avenue interlocking in the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York; and
  • a Northeast Corridor service development plan, updated at least once every 10 years.

Requires Amtrak and each state and public transportation entity that owns infrastructure providing intercity rail passenger transportation on the Northeast Corridor to develop, and update as necessary, a Northeast Corridor asset management plan.

(Sec. 35309) Directs the Commission to study the feasibility of and options for permitting through-ticketing between Amtrak service and commuter rail services on the Northeast Corridor.

Directs DOT, in cooperation with the Commission, Amtrak, and commuter rail transportation authorities on the Northeast Corridor, to study the potential benefits of joint procurement by Amtrak and those authorities of common materials, assets, and equipment when spending federal funds.

(Sec. 35310) Directs DOT to conduct a data needs assessment to support development of an intercity passenger rail network.

(Sec. 35311) Requires DOT to:

  • issue a request for proposals meeting certain performance standards for the financing and construction of intercity passenger rail systems along specified Corridors, and
  • establish a commission for each corridor with one or more proposals that satisfy specified requirements to review and report on the proposals.

Requires DOT then to select any proposal that provides substantial benefits to the public and the national transportation system, is cost-effective, offers significant advantages over existing services, and meets other relevant factors.

(Sec. 35312) Grants the Amtrak Inspector General authority to investigate alleged violations to defraud the United States.

Directs the Inspector General to initiate an assessment of whether Amtrak's current expenditures or procurements use competitive, market-driven provisions to fulfill the Americans with Disabilities Act of 1990.

Subtitle D--Rail Safety

PART I--Safety Improvement

(Sec. 35401) Directs DOT to develop and distribute to each state a model state-specific highway-rail grade crossing action plan that includes:

  • methodologies for identifying and evaluating highway-rail grade crossing safety risks, and
  • best practices to reduce the risk of highway-rail grade crossing accidents or incidents and to alleviate crossing blockage due to idling trains.

Directs DOT to promulgate a rule to require each state to develop and implement a state highway-rail grade crossing action plan that identifies:

  • highway-rail grade crossings that have experienced recent highway-rail grade crossing accidents or incidents, or are at high risk for accidents or incidents; and
  • specific strategies for improving safety at highway-rail grade crossings, including highway-rail grade crossing closures or grade separations.

(Sec. 35402) Requires each rail passenger carrier to submit to DOT, for approval, a speed limit action plan that:

  • identifies each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve or bridge and the maximum operating speed for passenger trains at that curve or bridge, and
  • describes appropriate actions taken to enable warning and enforcement of maximum speed for passenger trains at such locations.

Authorizes DOT to exempt from such requirements each segment of track governed by a positive train control system or other safety technology that would achieve equivalent or greater level of safety in reducing derailment risk.

(Sec. 35403) Directs DOT to promulgate regulations to require each railroad carrier providing intercity or commuter rail passenger transportation to install signs to warn train crews before the train approaches a location identified as having a high risk of overspeed derailment.

Authorizes DOT to exempt from such requirements each segment of track governed by a positive train control system or other safety technology that would achieve equivalent or greater level of safety in reducing derailment risk.

(Sec. 35404) Directs DOT to promulgate a rule to require a working alerter in the controlling locomotive of each intercity or commuter rail passenger train.

Declares that DOT may require or allow a technology or practice in lieu of a working alerter if it would achieve an equivalent or greater level of safety in enhancing locomotive control.

(Sec. 35405) Directs DOT to promulgate regulations to require on-track safety regulations to include implementation of redundant signal protection, such as shunting or other practices and technologies, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.

(Sec. 35406) Revises requirements for technology implementation plans under the railroad safety risk reduction program.

Directs DOT to ensure that each railroad carrier required to submit a technology implementation plan, until its implementation of a positive train control system, to prioritize technologies and practices to mitigate the risk of overspeed derailments.

(Sec. 35407) Directs DOT to 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 lines.

Requires DOT, if it is necessary to promulgate a rule, to consider the following regulatory requirements for high density commuter railroad lines:

  • at least once every two weeks traverse each main line by vehicle or inspect each main line on foot; and
  • at least once each month, traverse and inspect each siding by vehicle or by foot.

(Sec. 35408) Directs DOT to study whether limitations or weaknesses exist in the emergency response information carried by train crews transporting hazardous materials.

(Sec. 35409) Directs DOT to study private highway-rail grade crossings.

(Sec. 35410) Grants DOT authority to receive and expend cash, or receive and utilize spare parts and similar items, from non-government sources to repair and replace damaged government-owned automated track inspection cars and equipment as a result of damage caused by third-parties.

(Sec. 35411) Prescribes requirements regarding railroad police officers commissioned in one state and transferred to another state.

(Sec. 35412) Directs the Federal Railroad Administration (FRA) to report quarterly to Congress on Metro-North Commuter Railroad progress in implementing FRA directives and recommendations issued in its March 2014 report to Congress titled "Operation Deep Dive Metro-North Commuter Railroad Safety Assessment."

(Sec. 35413) Directs DOT, in cooperation with the National Transportation Safety Board and Amtrak, to conduct a post-accident assessment of the Amtrak Northeast Regional Train #188 crash on May 12, 2015.

(Sec. 35415) Directs GAO to evaluate the effectiveness of FRA's final rule on the use of locomotive horns at highway-rail grade crossings.

(Sec. 35416) Amends the Rail Safety Improvement Act of 2008 to require the FRA to maintain, and provide upon request to appropriate state and local government transportation officials, copies of the most recent bridge inspection reports by track owners.

PART II--Consolidated Rail Infrastructure and Safety Improvements

(Sec. 35421) Authorizes DOT to make grants to a state, a group of states, an Interstate Compact, a public agency providing intercity rail passenger, commuter rail passenger, or freight rail transportation service, and other specified entities to assist in financing the cost of rail projects to improve the safety, efficiency, or reliability of passenger and freight rail transportation systems.

Authorizes DOT to establish performance measures for grant recipients to assess progress in achieving certain strategic goals and objectives.

Makes at least 25% of appropriations for such grants available for projects in rural areas.

PART III--Hazardous Materials by Rail Safety and Other Safety Enhancements

(Sec. 35431) Directs DOT to promulgate regulations to:

  • require Class I railroads transporting hazardous materials (hazmat) to generate accurate, real-time, and electronic train consist information; and
  • enter into a memorandum of understanding with fusion centers to provide them with secure and confidential access to such information for each train transporting hazmat.

(Sec. 35432) Directs DOT to promulgate regulations to require each new tank car to meet the DOT-117 specification and each non-jacketed tank car modified to meet the DOT-117R specification to:

  • be equipped with a thermal insulating blanket (applied between the outer surface of a tank car tank meeting certain thermal conductivity criteria); or
  • have sufficient thermal resistance so that there will be no release of any lading within the tank car, except release through the pressure relief device, when subjected to a pool fire for 200 minutes and a torch fire for 30 minutes.

(Sec. 35433) Directs DOT to issue a notice of proposed rulemaking to require each railroad carrier transporting a Class 3 flammable liquid to maintain a comprehensive oil spill response plan.

(Sec. 35434) Directs DOT to initiate a study on the levels and structure of insurance for a railroad carrier transporting hazmat.

(Sec. 35435) Directs GAO to complete an independent evaluation of electronically-controlled pneumatic (ECP) brake systems.

Directs DOT to enter into an agreement with the National Cooperative Rail Research Program Board to complete testing of ECP brake systems during emergency braking.

Directs DOT to complete a regulatory impact analysis of the effects of the applicable ECP brake system requirements, incorporating the evaluation and testing results, and if such requirements exceed their costs, determine whether they are justified.

(Sec. 35436) Directs DOT to promulgate regulations to require each carrier providing intercity or commuter rail passenger transportation to install inward-and-outward-facing audio- and image-recording devices in all controlling locomotive cabs and cab car operating compartments in such passenger trains.

(Sec. 35437) Increases from $200 million to $295 million, inflation-adjusted every 5 years, the aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single rail accident or incident.

(Sec. 35438) Directs DOT to 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 regulation.

Directs DOT to collect data from shippers and tank car owners (including tank car facilities) on the total number of tank cars built or modified to meet the DOT-117 and DOT-117R specifications, as well as the total number of tank cars used in high-hazard flammable train service that have not been modified.

(Sec. 35439) Directs the Department of Energy (DOE), within 180 days after the research completion of the comprehensive Crude Oil Characteristics Research Sampling, Analysis, and Experiment (SAE) plan study at Sandia National Laboratories, in cooperation with DOT, to report to Congress:

  • the results of the SAE plan study, and
  • recommendations for regulations that should be prescribed by DOT or DOE as well as statutes enacted by Congress to improve the safe transport of crude oil.

PART IV--Positive Train Control

(Sec. 35441) Directs DOT, in coordination with the Federal Communications Commission (FCC), to assess spectrum needs and availability for implementing positive train control systems.

(Sec. 35442) Revises positive train control (PTC) systems implementation requirements.

Requires each Class I railroad carrier and entity providing regularly scheduled intercity or commuter rail passenger transportation to develop and submit to DOT its plan for implementing a positive train control (PTC) system by December 31, 2015, (currently, 2018) on certain of its tracks.

Permits such a carrier or other entity to submit to DOT for approval an updated PTC implementation plan that includes an updated schedule and certain milestones or metrics that demonstrate that the railroad carrier or entity will implement a PTC system as soon as practicable, if the updated plan will not introduce operational challenges or risks to full, successful, and safe implementation.

Authorizes DOT to assess civil penalties for violations of these requirements.

(Sec. 35443) Exempts Class I railroad carriers or other entities with PTC systems that have been certified and implemented on its tracks from certain federal rail operating restrictions that would otherwise apply in the event of a PTC system component failure.

Requires DOT to amend federal regulations relating to equipping locomotives for small Class II and Class III railroads operating in PTC territory to extend each deadline under the regulations by three years.

(Sec. 35444) Directs DOT, after it certifies that each carrier and entity is in compliance with PTC requirements, to enter into an agreement with the National Cooperative Rail Research Board to study the possible effectiveness of PTC and related technologies on reducing collisions at highway-rail grade crossings.

Subtitle E--Project Delivery

Track, Railroad, and Infrastructure Network Act

(Sec. 35502) Exempts improvements to, maintenance, rehabilitation, or operation of railroad or rail transit lines (but not stations) that are in use or were historically used for the transportation of goods or passengers from federal policies and requirements for the preservation of public park and recreation lands, wildlife and waterfowl refuges, and historic sites. Permits such activities without the necessity to: (1) demonstrate there is no feasible and prudent alternative to the use of such land, and (2) plan to minimize harm to a historic site.

Requires DOT to take into consideration any avoidance, minimization, and mitigation or enhancement measures incorporated into a transportation program or project before finding that the program or project will have no adverse effect on an historic site, and as a result a de minimus impact on the site's preservation.

(Sec. 35503) Requires DOT to apply specified environmental project development procedures to any rail project that requires its approval.

Any DOT operating administration may apply any categorical exclusion under NEPA, a Record of Decision, a Finding of No Significant Impact, and associated evaluations, determinations, or findings demonstrating compliance with any environmental review or historic preservation law designated by another DOT operating administration.

(Sec. 35504) Authorizes DOT to assist a recipient of federal rail program assistance in acquiring rights-of-ways and adjacent real property interests before or during the completion of the environmental reviews for any federally-assisted rail project that may use such property interests if certain conditions are met.

(Sec. 35505) Directs DOT to submit to the Advisory Council on Historic Preservation, for its consideration, any proposed exemption of railroad rights-of-way from review for their effect on historic property.

Subtitle F--Financing

Railroad Infrastructure Financing Improvement Act

(Sec. 35603) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to revise Railroad Rehabilitation and Improvement Financing program requirements.

Directs DOT to make direct loans and loan guarantees to joint ventures that include, instead of at least one railroad, at least one railroad, state or local government, interstate compact, or government sponsored authority or corporation (entity).

(Sec. 35604) Requires direct loans and loan guarantees also to be used to reimburse planning and design expenses relating to projects to acquire or rehabilitate intermodal or rail equipment or facilities or develop new intermodal or railroad facilities, as well as pre-construction costs.

(Sec. 35605) Directs DOT to notify direct loan or loan guarantee applicants if their applications are incomplete, and within another 60 days approve or disapprove a resubmitted application.

Directs DOT to post on its website a monthly report that includes certain terms and timetables information for each application.

Authorizes DOT to collect charges from each applicant, obligor, or loan party for certain costs additional to the evaluation of applications. The current formula cap on such a charge is repealed.

(Sec. 35606) Revises the term for repayment of a direct loan or loan guarantee from a maximum of 35 years to a maximum of the lesser of:

  • 35 years after substantial completion of the project; or
  • the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established.

Authorizes DOT to allow an obligor, for up to one year beyond the regular duration of a direct loan, to add unpaid principal and interest to the outstanding balance 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 a direct loan. Allows prepayments without penalty.

Grants DOT authority to sell direct loans into the capital markets.

(Sec. 35607) Repeals authority for cohorts of loans.

Authorizes a direct loan or loan guarantee applicant to propose, and DOT may accept as collateral, as a basis for determining the amount of a credit risk premium any of the following in lieu of the value of any tangible asset:

  • the net present value of a future stream of state or local subsidy income or other dedicated revenues to secure the direct loan or loan guarantee;
  • adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source; or
  • an investment-grade rating on the direct loan or loan guarantee.

(Sec. 35608) Authorizes DOT, before issuing a direct loan or guarantee, to enter into a master credit agreement (to make one or more direct loans or loan guarantees at future dates for a program of related projects secured by a common security pledge) that is contingent on the satisfaction of all of the conditions for the provision of a direct loan or loan guarantee and other applicable requirements.

(Sec. 35609) Requires DOT, in granting applications for such loans and guarantees, to give priority to projects:

  • for the installation of a positive train control, and
  • that improve railroad stations and passenger facilities and increase transit-oriented development.

DIVISION D--FREIGHT AND MAJOR PROJECTS

TITLE XLI--FREIGHT POLICY

(Sec. 41003) Directs DOT to establish a national multimodal freight network to:

  • assist states in strategically directing resources toward improved system performance for the efficient movement of freight on transportation networks,
  • inform freight transportation planning,
  • assist in the prioritization of federal investment, and
  • assess and support federal investments to achieve specified national multimodal freight policy goals.

Declares that the national multimodal freight network shall consist of all connectors, corridors, and facilities in all freight transportation modes most critical to the current and future movement of freight.

Directs DOT to designate a primary freight system within one year after enactment of this Act, and redesignate it every five years.

Authorizes a state to designate freight transportation infrastructure or facilities within the state borders as a critical rural freight corridor if the road or facility is a rural principal arterial roadway or facility providing access or service to energy exploration, development, installation, or production areas, and meets certain other requirements.

TITLE XLII--PLANNING

(Sec. 42001) Directs DOT to develop, update every five years, and post on its website a national freight strategic plan.

(Sec. 42002) Requires each state to establish a freight advisory committee.

(Sec. 42003) Requires each state to develop, and update every five years, a freight investment plan.

(Sec. 42004) Directs DOT to develop transportation investment data and planning tools to support an outcome-oriented, performance-based approach for proposed freight-related and other transportation projects.

TITLE XLIII--FORMULA FREIGHT PROGRAM

(Sec. 43001) Revises national freight program requirements.

Renames the national freight network as the national highway freight network.

Authorizes each state to increase the number of miles designated as part of the primary highway freight system in that state by up to 10% of the miles already designated if the additional miles meet certain criteria.

Authorizes the representative MPO in an urbanized area with a population of 500,000 or more to designate a public road within the borders of that area of the state as a critical urban freight corridor. Authorizes a state to do the same for an urbanized area with a population under 500,000.

Prescribes requirements for the use of apportioned funds, including development of intelligent freight transportation systems. Defines "intelligent freight transportation system" to mean:

  • an innovative or intelligent technological transportation system, infrastructure, or facilities; and
  • a communications or information processing system used singly or in combination for dedicated intelligent freight lanes that improve the efficiency or safety of freight on the federal-aid highway system.

Directs FHWA to determine the need for establishing operating standards for such systems.

Requires states that have not met or made progress toward meeting certain performance targets related to freight movement of the state to submit biennially to FHWA a freight performance improvement plan.

Directs the FHWA to report to Congress:

  • a study of freight projects identified in state freight plans, and
  • an evaluation of multimodal freight projects included in such plans.

TITLE XLIV--GRANTS

(Sec. 44002) Directs FHWA to establish a competitive grant program for major, critical high-cost surface transportation infrastructure projects.

Directs DOT to establish a competitive grant program of assistance for capital investments in major freight transportation infrastructure projects.

Authorizes appropriations for FY2016-FY2021.

DIVISION E--FINANCE

Transportation Funding Act of 2015

TITLE LI--HIGHWAY TRUST FUND AND RELATED TAXES

Subtitle A--Extension of Trust Fund Expenditure Authority and Related Taxes

(Sec. 51101) Amends the Internal Revenue Code to extend until October 1, 2021, the authority for expenditures from: (1) the Highway and Mass Transit Accounts of the Highway Trust Fund, (2) the Sport Fish Restoration and Boating Trust Fund, and (3) the Leaking Underground Storage Tank Trust Fund.

(Sec. 51102) Extends through FY2023 the increased excise tax rates on motor fuels and petroleum products for funding the Highway Trust Fund.

Subtitle B--Additional Transfers to Highway Trust Fund

(Sec. 51201) Appropriates additional funds to the Highway and Mass Transit Accounts of the Highway Trust Fund.

(Sec. 51202) Authorizes the transfer to the Highway Trust Fund of civil penalties related to motor vehicle safety.

(Sec. 51203) Appropriates additional funds from the Leaking Underground Storage Tank Trust Fund to the Highway Account of the Highway Trust Fund.

TITLE LII--OFFSETS

Subtitle A--Tax Provisions

(Sec. 52101) Amends the Internal Revenue Code to require that: (1) the value of the basis in any property acquired from a decedent be consistent with the basis as determined for estate tax purposes; and (2) executors of estates disclose to the Department of the Treasury and to recipients of any interest in an estate information identifying the value of each interest received.

(Sec. 52102) Authorizes the Department of State to: (1) deny, revoke, or limit a passport to any individual upon receiving certification from Treasury that such individual has a seriously delinquent tax debt in excess of $50,000; and (2) deny the issuance of a passport for which no social security number is provided or for which an incorrect or invalid number is provided.

(Sec. 52103) Makes the six-year limitation on assessments of additional tax applicable to understatements of gross income due to an overstatement of unrecovered costs or other basis.

(Sec. 52014) Requires tax information returns reporting mortgage interest received in a trade or business to include: (1) the outstanding principal on the mortgage, (2) the address of the property that secures the mortgage, and (3) the date of the origination of such mortgage.

(Sec. 52105) Modifies tax return due dates for partnerships, S corporations, and C corporations. Extends from three to six months the automatic extension for corporate income tax returns.

(Sec. 52106) Requires Treasury to enter into qualified tax collection contracts to collect all outstanding inactive tax receivables, with specified exceptions, and to report to Congress on such contracts. Allows taxpayers affected by a federally-declared disaster to request relief from immediate collection measures by contractors.

(Sec. 52107) Requires Treasury to establish an account for carrying out a program for hiring, training, and employing IRS special compliance personnel who collect taxes using an automated collection system or an equivalent replacement system.

(Sec. 52108) Extends through 2025 the authority for transfers of excess pension assets of a defined benefit plan to a retiree health benefits account.

Subtitle B--Fees and Receipts

(Sec. 52201) Extends through FY2024 and FY2025 the authority for depositing fees imposed to provide civil aviation security services into the General Fund of the Treasury.

(Sec. 52202) Directs Treasury to make annual cost-of-living adjustments to fees for certain customs services, beginning on October 1, 2015.

(Sec. 52203) Amends the Federal Reserve Act to limit dividend payments to stockholders of a federal reserve bank who have total consolidated assets of more than $1 billion.

(Sec. 52204) Amends the Energy Policy and Conservation Act to direct the Department of Energy to draw down and sell from the Strategic Petroleum Reserve specified amounts of crude oil in FY2016-FY2025. Imposes limits on such authority, including a prohibition on drawdowns and sales that would result in less than 90 days of emergency reserves.

(Sec. 52205) Amends the Housing and Community Development Act of 1992 to extend through FY2025 the fee that the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation must charge to guarantee timely payments of principal and interest on securities, notes, and other obligations backed by certain residential mortgages.

Subtitle C--Outlays

(Sec. 52301) Eliminates the payment of interest to lessees of oil and gas leases on overpayments of royalties.

DIVISION F--MISCELLANEOUS

TITLE LXI--FEDERAL PERMITTING IMPROVEMENT

(Sec. 61001) Sets forth definitions of terms used in this title, including the definition of "covered project" as any construction activity that requires authorization or environmental review by a federal agency involving construction of infrastructure for renewable or conventional energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, or any other sector that: (1) is subject to the National Environmental Policy Act (NEPA), (2) is likely to require a total investment of more than $200 million, (3) does not qualify for abbreviated authorization or environmental review processes, and (4) would benefit from enhanced oversight and coordination due to its size and complexity.

(Sec. 61002) Establishes the Federal Permitting Improvement Steering Council to be chaired by an Executive Director who is appointed by the President. Requires the Executive Director to establish an inventory of covered projects for which the environmental review or authorization of the head of any federal agency is pending.

Requires: (1) the Council to issue annual recommendations on best practices for covered projects; and (2) agency chief environmental review and permitting officers to advise agency council members on matters related to environmental reviews and authorizations, provide technical support and recommendations, and provide training programs for agency staff that support and conduct environmental reviews or authorizations.

Directs the Office of Management and Budget to designate a federal agency to provide support for the Executive Director to carry out duties required by this Act.

(Sec. 61003) Requires a project sponsor of a covered project to submit to the Executive Director and the facilitating agency a notice of the initiation of a proposed covered project.

Requires: (1) the Executive Director to maintain an online database to be known as the Permitting Dashboard to track the status of federal environmental reviews and authorizations for covered projects; (2) the facilitating or lead agency to establish a concise plan for coordinating public and agency participation in, and completion of, any required federal environmental review and authorization and a permitting timetable that includes intermediate and final completion dates for a covered project; (3) coordination of the federal environmental review and authorization process with state, local, or tribal agencies responsible for conducting any separate review or authorization process; and (4) early consultation with project sponsors to provide such sponsors with pertinent information about a covered project.

(Sec. 61004) Grants the consent of Congress for three or more contiguous states to enter into an interstate compact establishing regional infrastructure development agencies to facilitate authorization and review of covered projects.

(Sec. 61005) Requires each agency with principal responsibility for review and authorization of a covered project (lead agency) to: (1) carry out obligations concurrently and in conjunction with environmental reviews and authorizations conducted by other agencies; (2) incorporate state documents prepared for covered projects in documentation required to complete an environmental review; (3) determine, as early as practicable during the environmental review, the range of reasonable alternatives to be considered for a covered project; (4) establish a comment period of not less than 45 and not more than 60 days after the date of a notice in the Federal Register announcing the availability of an environmental impact statement; and (5) work cooperatively with each cooperating and participating agency to identify and resolve issues that could delay completion of an environmental review or an authorization required for a covered project.

(Sec. 61006) Requires a federal agency that delegates authority to a state to issue or administer a permit program to initiate a national process to determine the applicability of best practices to the permitting process and to make model recommendations to state permitting programs.

(Sec. 61007) Establishes a limitation period for judicial challenges to an authorization of a covered project to two years after the date of publication in the Federal Register of the final record of decision or approval or denial. Requires challenges relating to an environmental review under NEPA to be filed by a party that submitted a comment during the environmental review or a party that lacked a reasonable opportunity to submit a comment.

Requires a court, in granting a temporary restraining order or preliminary injunction against a project sponsor or agency, to consider the effects on public health, safety, and the environment, the potential for significant job losses, and other economic harm and not to presume that the such harms are reparable.

(Sec. 61008) Requires the Executive Director to submit annual reports to Congress, over a 10-year period, on the progress accomplished under this title and the performance of each participating agency.

(Sec. 61009) Authorizes the heads of specified agencies to issue regulations establishing a fee structure for project proponents to reimburse the federal government for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects. Requires such fee structure to: (1) be developed in consultation with affected project proponents, industries, and other stakeholders; (2) exclude parties for which the fee would impose an undue financial burden or is otherwise inappropriate; and (3) be established to ensure that the aggregate amount of fees for a fiscal year is estimated to not exceed 20% of the total estimated costs for the resources allocated for the conduct of the the environmental reviews and authorizations. Prohibits such regulations from affecting impartial decision-making with respect to environmental reviews and authorizations, either substantively or procedurally.

Requires all fees to be deposited into a separate fund known as the Environmental Review Improvement Fund.

(Sec. 61010) Makes this title applicable to any covered project for which: (1) a notice is filed by a project sponsor of the initiation of a covered project, or (2) an application or other request for an authorization is pending before an agency 90 days after the enactment of this Act.

(Sec. 61011) Directs the Government Accountability Office to submit to Congress an analysis of whether the provisions of this title could be adopted to streamline the federal permitting process for smaller projects that are not covered projects.

TITLE LXII--ADDITIONAL PROVISIONS

Hire More Heroes Act of 2015

(Sec. 62001) Amends the Internal Revenue Code to allow an employer, for purposes of determining whether such employer is an applicable large employer under the Patient Protection and Affordable Care Act and thus required to provide minimum essential health care coverage to its full-time employees, to exclude employees who have health care coverage under a program administered by the Department of Defense, including TRICARE, or by the Department of Veterans Affairs.

DIVISION G--SURFACE TRANSPORTATION EXTENSION

Surface Transportation Extension Act of 2015

TITLE LXXI--EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS

(Sec. 71001) Amends the Highway and Transportation Funding Act of 2014 to authorize appropriations for, and continue from July 31, 2015, through September 30, 2015, specified federal-aid highway programs under:

  • the Moving Ahead for Progress in the 21st Century Act (MAP-21),
  • the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Technical Corrections Act of 2008,
  • SAFETEA-LU,
  • the Transportation Equity Act for the 21st Century (TEA-21),
  • the National Highway System Designation Act of 1995,
  • the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and
  • other specified law.

Subjects funding for such programs generally to the same manner of distribution, administration, limitation, and availability for obligation, though at a specified pro rata of the total amount, as funds authorized for appropriation out of the Highway Trust Fund (HTF) for such programs and activities for FY2014.

Amends MAP-21 to authorize appropriations out of the general fund of the Treasury for the Tribal High Priority Projects program for the same period.

Prescribes an obligation ceiling of $40.256 billion for federal-aid highway and highway safety construction programs for the same period.

(Sec. 71002) Authorizes appropriations from the HTF (other than the Mass Transit Account) for administrative expenses of the federal-aid highway program for the same period.

TITLE LXXII--TEMPORARY EXTENSION OF PUBLIC TRANSPORTATION PROGRAMS

(Sec. 72001) Extends for the same period the apportionment of nonurbanized (rural) area formula grants for public transportation on Indian reservations.

(Sec. 72002) Extends the apportionment of urbanized area formula grants for passenger ferry projects for the same period.

(Sec. 72003) Extends for the same period the authorization of appropriations from the HTF Mass Transit Account for:

  • formula grants for public transportation, including allocations for specified projects;
  • research, development, demonstration, and deployment projects;
  • the transit cooperative research program;
  • technical assistance and standards development grants;
  • human resources and training grants;
  • capital investment grants; and
  • administrative expenses.

(Sec. 72004) Allocates, for the same period, a certain amount to states and territories for formula bus and bus facilities grants.

TITLE LXXIII--EXTENSION OF HIGHWAY SAFETY PROGRAMS

Subtitle A--Extension of Highway Safety Programs

(Sec. 73101) Amends MAP-21 to extend for the same period the authorization of appropriations for National Highway Traffic Safety Administration (NHTSA) safety programs, including:

  • highway safety research and development,
  • national priority safety programs,
  • the National Driver Register,
  • the High Visibility Enforcement Program, and
  • NHTSA administrative expenses.

Amends SAFETEA-LU to extend for the same period high-visibility traffic safety law enforcement campaigns under the High Visibility Enforcement Program.

Sets aside a specified amount of the total apportionment to states for highway safety programs for a cooperative program to research and evaluate priority highway safety countermeasures for the same period.

(Sec. 73102) Extends for the same period the authorization of appropriations for Federal Motor Carrier Safety Administration (FMCSA) programs, including:

  • motor carrier safety grants,
  • FMCSA administrative expenses,
  • commercial driver's license program improvement grants,
  • border enforcement grants,
  • performance and registration information system management grants,
  • commercial vehicle information systems and networks deployment grants,
  • safety data improvement grants,
  • a set-aside for high priority activities that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations,
  • a set-aside for new entrant motor carrier audit grants,
  • FMCSA outreach and education, and
  • the commercial motor vehicle operators grant program.

(Sec. 73103) Amends the Dingell-Johnson Sport Fish Restoration Act to continue, for the same period, the authorized distribution of funds for coastal wetlands, recreational boating safety, projects under the Clean Vessel Act of 19921, boating infrastructure projects, and the National Outreach and Communications Program.

Subtitle B--Hazardous Materials

(Sec. 73201) Authorizes appropriations for the same period for hazardous materials (hazmat) transportation safety projects.

Authorizes DOT to make certain expenditures, including an amount for hazmat training grants, from the Hazardous Materials Emergency Preparedness Fund for the same period.

TITLE LXXIV--REVENUE PROVISIONS

(Sec. 74001) Amends the Internal Revenue Code to extend through the same period the authority for expenditures from:

  • the HTF Highway and Mass Transit Accounts,
  • the Sport Fish Restoration and Boating Trust Fund, and
  • the Leaking Underground Storage Tank Trust Fund.

DIVISION H--BUDGETARY EFFECTS

(Sec. 80001) Declares that the budgetary effects of this Act shall be determined by the latest statement titled "Budgetary Effects of PAYGO Legislation," provided the statement has been submitted before the vote on passage.

(Sec. 80002) Prohibits DOT from approving any obligation of funds out of the Highway Account or the Mass Transit Account of the HTF for a fiscal year if the projected cash balances of either Accounts will fall below specified levels during that fiscal year.

Prescribes a test for determining the cash balance in either account, and specifies exceptions to the prohibition.

(Sec. 80003) Prohibits the rescission of contract authority provided under this Act for FY2019-FY2021 from being counted for purposes of enforcing a point of order established:

  • under the Congressional Budget Act of 1974, the determination levels under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), or the Statutory Pay-As-You-Go Act of 2010; or
  • under, or determining levels under, a concurrent resolution on the budget.

DIVISION I--EXPORT-IMPORT BANK OF THE UNITED STATES

Export-Import Bank Reform and Reauthorization Act of 2015

TITLE XCI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

(Sec. 91001) Amends the Export-Import Bank Act of 1945 to set at $135 billion, for each of FY2015-FY2019, the authorized aggregate amount of loans, guarantees, and insurance the Export-Import Bank may have outstanding at any time.

Prohibits the Bank, until the rate subsides to less than 2%, from exceeding the amount of loans, guarantees, and insurance outstanding on the last day of any quarter for which the rate at which borrowing entities are in default on a payment obligation (default rate) is 2% or more.

(Sec. 91002) Directs the Bank to build to and hold in reserve, to protect against future losses, at least 5% of its aggregate amount of disbursed and outstanding loans, guarantees, and insurance.

(Sec. 91003) Amends the Export-Import Bank Reauthorization Act of 2012 (EIBRA) to require the Government Accountability Office's quadrennial review of the adequacy of the design and effectiveness of the Bank's fraud controls to include review of the Bank's compliance with these controls.

(Sec. 91004) Establishes an Office of Ethics within the Bank to recommend administrative actions to establish or enforce standards of official conduct.

(Sec. 91005) Establishes a Chief Risk Officer of the Bank to oversee all issues relating to risk within the Bank.

(Sec. 91006) Establishes a Risk Management Committee to:

  • oversee periodic stress testing on the entire Bank portfolio and the monitoring of industry, geographic, and obligor exposure levels; and
  • review all required reports on the Bank's default rate.

(Sec. 91007) Directs the Bank's Inspector General to conduct an audit or evaluation of the Bank's portfolio risk management procedures, including its implementation of the duties assigned to the Chief Risk Officer.

(Sec. 91008) Authorizes the Bank to establish a pilot program under which it may enter into contracts and other arrangements to share risks associated with its provision of guarantees, insurance, or credit, or participation in the extension of credit.

Prohibits the aggregate amount of liability the Bank may transfer through risk-sharing under a contract or other arrangement from exceeding $1 billion, or a total of $10 billion during a fiscal year.

TITLE XCII--PROMOTION OF SMALL BUSINESS EXPORTS

(Sec. 92001) Directs the Bank to:

  • increase from 20% to 25% of its lending authority the amount made available to finance direct exports by small business concerns, and
  • include in its annual report to Congress a report on its programs for U.S. businesses with less than $250 million in annual sales.

TITLE XCIII--MODERNIZATION OF OPERATIONS

(Sec. 93001) Directs the Bank to implement policies to accept electronic payments and transaction documents.

(Sec. 93002) Extends through FY2019 the Bank's authority to use a portion of its surplus to update its information technology systems.

TITLE XCIV--GENERAL PROVISIONS

(Sec. 94001) Reauthorizes through FY2019 the Bank, the Sub-Saharan Africa Advisory Committee, and authority for dual use exports (of nonlethal defense articles or services primarily for civilian use).

(Sec. 94002) Limits to $25 million the principal amounts of medium-term financing by the Bank.

Increases from a minimum of $10 million to a minimum of $25 million the amounts of:

  • long-term loans or loan guarantees the Bank shall seek to ensure that U.S. insurance companies have a fair and open competitive opportunity to insure in connection with any transaction for which the loan or guarantee is provided,
  • working capital export loans and guarantees to small businesses, and
  • long-term support for projects to which certain procedures apply regarding the potential beneficial and adverse environmental effects of goods and services for which direct lending and guarantee support is requested.

Changes this minimum threshold, if the long-term support for projects subject to environmental effects consideration is less than $25 million, to the threshold established pursuant to international agreements, including the Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence, as adopted by the Organisation for Economic Co-operation and Development Council on June 28, 2012, and the risk-management framework ("Equator Principles") adopted by financial institutions for determining, assessing, and managing environmental and social risk in projects.

TITLE XCV--OTHER MATTERS

(Sec. 95001) Prohibits the Bank from:

  • denying an application for financing based solely on the industry, sector, or business that the application concerns; or
  • promulgating or implementing policies that discriminate against an application based solely on the industry, sector, or business that the application concerns.

Applies these prohibitions only to applications for Bank financing for projects concerning the exploration, development, production, or export of energy sources and the generation or transmission of electrical power, or combined heat and power, regardless of the energy source involved.

(Sec. 95002) Amends the EIBRA to require the President instead of the Department of the Treasury to initiate and pursue negotiations to end export credit financing.

Requires the President to propose to Congress a strategy to pursue with other major exporting countries, including Organization for Economic Co-operation and Development (OECD) members and non-OECD members, to eliminate over a 10-year period subsidized export-financing programs, tied aid, export credits, and all other forms of government-supported export subsidies.

(Sec. 95003) Directs the Bank to study the extent to which products it offers are available and used by companies that export information and communications technology services and related goods.

Feb 12, 201580

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Hire More Heroes Act of 2015

This bill amends the Internal Revenue Code to add a provision to exempt any employee with coverage under a health care program administered by the Department of Defense, including the TRICARE program, or by the Veterans Administration, from classification as an eligible employee of an applicable large employer for purposes of the employer mandate under the Patient Protection and Affordable Care Act to provide such employees with minimum essential health care coverage.

Jan 6, 2015

Hire More Heroes Act of 2015

This bill amends the Internal Revenue Code to add a provision to exempt any employee with coverage under a health care program administered by the Department of Defense, including the TRICARE program, or by the Veterans Administration, from classification as an eligible employee of an applicable large employer for purposes of the employer mandate under the Patient Protection and Affordable Care Act to provide such employees with minimum essential health care coverage.

Jan 6, 201581

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Hire More Heroes Act of 2015

This bill amends the Internal Revenue Code to add a provision to exempt any employee with coverage under a health care program administered by the Department of Defense, including the TRICARE program, or by the Veterans Administration, from classification as an eligible employee of an applicable large employer for purposes of the employer mandate under the Patient Protection and Affordable Care Act to provide such employees with minimum essential health care coverage.