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Public Law No: 114-94 (12/04/2015)

[114th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 1311]] FIXING AMERICA'S SURFACE TRANSPORTATION ACT [[Page 129 STAT. 1312]] Public Law 114-94 114th Congress An Act To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. <<NOTE: Dec. 4, 2015 - [H.R. 22]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Fixing America's Surface Transportation Act. 23 USC 101 note.>> SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Fixing America's Surface Transportation Act'' or the ``FAST Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. DIVISION A--SURFACE TRANSPORTATION Sec. 1001. Definitions. Sec. 1002. Reconciliation of funds. Sec. 1003. Effective date. Sec. 1004. References. TITLE I--FEDERAL-AID HIGHWAYS Subtitle A--Authorizations and Programs Sec. 1101. Authorization of appropriations. Sec. 1102. Obligation ceiling. Sec. 1103. Definitions. Sec. 1104. Apportionment. Sec. 1105. Nationally significant freight and highway projects. Sec. 1106. National highway performance program. Sec. 1107. Emergency relief for federally owned roads. Sec. 1108. Railway-highway grade crossings. Sec. 1109. Surface transportation block grant program. Sec. 1110. Highway use tax evasion projects. Sec. 1111. Bundling of bridge projects. Sec. 1112. Construction of ferry boats and ferry terminal facilities. Sec. 1113. Highway safety improvement program. Sec. 1114. Congestion mitigation and air quality improvement program. Sec. 1115. Territorial and Puerto Rico highway program. Sec. 1116. National highway freight program. Sec. 1117. Federal lands and tribal transportation programs. Sec. 1118. Tribal transportation program amendment. Sec. 1119. Federal lands transportation program. Sec. 1120. Federal lands programmatic activities. Sec. 1121. Tribal transportation self-governance program. Sec. 1122. State flexibility for National Highway System modifications. Sec. 1123. Nationally significant Federal lands and tribal projects program. Subtitle B--Planning and Performance Management Sec. 1201. Metropolitan transportation planning. Sec. 1202. Statewide and nonmetropolitan transportation planning. Subtitle C--Acceleration of Project Delivery Sec. 1301. Satisfaction of requirements for certain historic sites. [[Page 129 STAT. 1313]] Sec. 1302. Clarification of transportation environmental authorities. Sec. 1303. Treatment of certain bridges under preservation requirements. Sec. 1304. Efficient environmental reviews for project decisionmaking. Sec. 1305. Integration of planning and environmental review. Sec. 1306. Development of programmatic mitigation plans. Sec. 1307. Technical assistance for States. Sec. 1308. Surface transportation project delivery program. Sec. 1309. Program for eliminating duplication of environmental reviews. Sec. 1310. Application of categorical exclusions for multimodal projects. Sec. 1311. Accelerated decisionmaking in environmental reviews. Sec. 1312. Improving State and Federal agency engagement in environmental reviews. Sec. 1313. Aligning Federal environmental reviews. Sec. 1314. Categorical exclusion for projects of limited Federal assistance. Sec. 1315. Programmatic agreement template. Sec. 1316. Assumption of authorities. Sec. 1317. Modernization of the environmental review process. Sec. 1318. Assessment of progress on accelerating project delivery. Subtitle D--Miscellaneous Sec. 1401. Prohibition on the use of funds for automated traffic enforcement. Sec. 1402. Highway Trust Fund transparency and accountability. Sec. 1403. Additional deposits into Highway Trust Fund. Sec. 1404. Design standards. Sec. 1405. Justification reports for access points on the Interstate System. Sec. 1406. Performance period adjustment. Sec. 1407. Vehicle-to-infrastructure equipment. Sec. 1408. Federal share payable. Sec. 1409. Milk products. Sec. 1410. Interstate weight limits. Sec. 1411. Tolling; HOV facilities; Interstate reconstruction and rehabilitation. Sec. 1412. Projects for public safety relating to idling trains. Sec. 1413. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors. Sec. 1414. Repeat offender criteria. Sec. 1415. Administrative provisions to encourage pollinator habitat and forage on transportation rights-of-way. Sec. 1416. High priority corridors on National Highway System. Sec. 1417. Work zone and guard rail safety training. Sec. 1418. Consolidation of programs. Sec. 1419. Elimination or modification of certain reporting requirements. Sec. 1420. Flexibility for projects. Sec. 1421. Productive and timely expenditure of funds. Sec. 1422. Study on performance of bridges. Sec. 1423. Relinquishment of park-and-ride lot facilities. Sec. 1424. Pilot program. Sec. 1425. Service club, charitable association, or religious service signs. Sec. 1426. Motorcyclist advisory council. Sec. 1427. Highway work zones. Sec. 1428. Use of durable, resilient, and sustainable materials and practices. Sec. 1429. Identification of roadside highway safety hardware devices. Sec. 1430. Use of modeling and simulation technology. Sec. 1431. National Advisory Committee on Travel and Tourism Infrastructure. Sec. 1432. Emergency exemptions. Sec. 1433. Report on Highway Trust Fund administrative expenditures. Sec. 1434. Availability of reports. Sec. 1435. Appalachian development highway system. Sec. 1436. Appalachian regional development program. Sec. 1437. Border State infrastructure. Sec. 1438. Adjustments. Sec. 1439. Elimination of barriers to improve at-risk bridges. Sec. 1440. At-risk project preagreement authority. Sec. 1441. Regional infrastructure accelerator demonstration program. Sec. 1442. Safety for users. Sec. 1443. Sense of Congress. Sec. 1444. Every Day Counts initiative. Sec. 1445. Water infrastructure finance and innovation. Sec. 1446. Technical corrections. TITLE II--INNOVATIVE PROJECT FINANCE Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments. [[Page 129 STAT. 1314]] Sec. 2002. Availability payment concession model. TITLE III--PUBLIC TRANSPORTATION Sec. 3001. Short title. Sec. 3002. Definitions. Sec. 3003. Metropolitan and statewide transportation planning. Sec. 3004. Urbanized area formula grants. Sec. 3005. Fixed guideway capital investment grants. Sec. 3006. Enhanced mobility of seniors and individuals with disabilities. Sec. 3007. Formula grants for rural areas. Sec. 3008. Public transportation innovation. Sec. 3009. Technical assistance and workforce development. Sec. 3010. Private sector participation. Sec. 3011. General provisions. Sec. 3012. Project management oversight. Sec. 3013. Public transportation safety program. Sec. 3014. Apportionments. Sec. 3015. State of good repair grants. Sec. 3016. Authorizations. Sec. 3017. Grants for buses and bus facilities. Sec. 3018. Obligation ceiling. Sec. 3019. Innovative procurement. Sec. 3020. Review of public transportation safety standards. Sec. 3021. Study on evidentiary protection for public transportation safety program information. Sec. 3022. Improved public transportation safety measures. Sec. 3023. Paratransit system under FTA approved coordinated plan. Sec. 3024. Report on potential of Internet of Things. Sec. 3025. Report on parking safety. Sec. 3026. Appointment of directors of Washington Metropolitan Area Transit Authority. Sec. 3027. Effectiveness of public transportation changes and funding. Sec. 3028. Authorization of grants for positive train control. Sec. 3029. Amendment to title 5. Sec. 3030. Technical and conforming changes. TITLE IV--HIGHWAY TRAFFIC SAFETY Sec. 4001. Authorization of appropriations. Sec. 4002. Highway safety programs. Sec. 4003. Highway safety research and development. Sec. 4004. High-visibility enforcement program. Sec. 4005. National priority safety programs. Sec. 4006. Tracking process. Sec. 4007. Stop motorcycle checkpoint funding. Sec. 4008. Marijuana-impaired driving. Sec. 4009. Increasing public awareness of the dangers of drug-impaired driving. Sec. 4010. National priority safety program grant eligibility. Sec. 4011. Data collection. Sec. 4012. Study on the national roadside survey of alcohol and drug use by drivers. Sec. 4013. Barriers to data collection report. Sec. 4014. Technical corrections. Sec. 4015. Effective date for certain programs. TITLE V--MOTOR CARRIER SAFETY Subtitle A--Motor Carrier Safety Grant Consolidation Sec. 5101. Grants to States. Sec. 5102. Performance and registration information systems management. Sec. 5103. Authorization of appropriations. Sec. 5104. Commercial driver's license program implementation. Sec. 5105. Extension of Federal motor carrier safety programs for fiscal year 2016. Sec. 5106. Motor carrier safety assistance program allocation. Sec. 5107. Maintenance of effort calculation. Subtitle B--Federal Motor Carrier Safety Administration Reform Part I--Regulatory Reform Sec. 5201. Notice of cancellation of insurance. Sec. 5202. Regulations. Sec. 5203. Guidance. [[Page 129 STAT. 1315]] Sec. 5204. Petitions. Sec. 5205. Inspector standards. Sec. 5206. Applications. Part II--Compliance, Safety, Accountability Reform Sec. 5221. Correlation study. Sec. 5222. Beyond compliance. Sec. 5223. Data certification. Sec. 5224. Data improvement. Sec. 5225. Accident review. Subtitle C--Commercial Motor Vehicle Safety Sec. 5301. Windshield technology. Sec. 5302. Prioritizing statutory rulemakings. Sec. 5303. Safety reporting system. Sec. 5304. New entrant safety review program. Sec. 5305. High risk carrier reviews. Sec. 5306. Post-accident report review. Sec. 5307. Implementing safety requirements. Subtitle D--Commercial Motor Vehicle Drivers Sec. 5401. Opportunities for veterans. Sec. 5402. Drug-free commercial drivers. Sec. 5403. Medical certification of veterans for commercial driver's licenses. Sec. 5404. Commercial driver pilot program. Subtitle E--General Provisions Sec. 5501. Delays in goods movement. Sec. 5502. Emergency route working group. Sec. 5503. Household goods consumer protection working group. Sec. 5504. Technology improvements. Sec. 5505. Notification regarding motor carrier registration. Sec. 5506. Report on commercial driver's license skills test delays. Sec. 5507. Electronic logging device requirements. Sec. 5508. Technical corrections. Sec. 5509. Minimum financial responsibility. Sec. 5510. Safety study regarding double-decker motorcoaches. Sec. 5511. GAO review of school bus safety. Sec. 5512. Access to National Driver Register. Sec. 5513. Report on design and implementation of wireless roadside inspection systems. Sec. 5514. Regulation of tow truck operations. Sec. 5515. Study on commercial motor vehicle driver commuting. Sec. 5516. Additional State authority. Sec. 5517. Report on motor carrier financial responsibility. Sec. 5518. Covered farm vehicles. Sec. 5519. Operators of hi-rail vehicles. Sec. 5520. Automobile transporter. Sec. 5521. Ready mix concrete delivery vehicles. Sec. 5522. Transportation of construction materials and equipment. Sec. 5523. Commercial delivery of light- and medium-duty trailers. Sec. 5524. Exemptions from requirements for certain welding trucks used in pipeline industry. Sec. 5525. Report. TITLE VI--INNOVATION Sec. 6001. Short title. Sec. 6002. Authorization of appropriations. Sec. 6003. Technology and innovation deployment program. Sec. 6004. Advanced transportation and congestion management technologies deployment. Sec. 6005. Intelligent transportation system goals. Sec. 6006. Intelligent transportation system purposes. Sec. 6007. Intelligent transportation system program report. Sec. 6008. Intelligent transportation system national architecture and standards. Sec. 6009. Communication systems deployment report. Sec. 6010. Infrastructure development. Sec. 6011. Departmental research programs. Sec. 6012. Research and Innovative Technology Administration. Sec. 6013. Web-based training for emergency responders. [[Page 129 STAT. 1316]] Sec. 6014. Hazardous materials research and development. Sec. 6015. Office of Intermodalism. Sec. 6016. University transportation centers. Sec. 6017. Bureau of Transportation Statistics. Sec. 6018. Port performance freight statistics program. Sec. 6019. Research planning. Sec. 6020. Surface transportation system funding alternatives. Sec. 6021. Future interstate study. Sec. 6022. Highway efficiency. Sec. 6023. Transportation technology policy working group. Sec. 6024. Collaboration and support. Sec. 6025. GAO report. Sec. 6026. Traffic congestion. Sec. 6027. Smart cities transportation planning study. Sec. 6028. Performance management data support program. TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION Sec. 7001. Short title. Subtitle A--Authorizations Sec. 7101. Authorization of appropriations. Subtitle B--Hazardous Material Safety and Improvement Sec. 7201. National emergency and disaster response. Sec. 7202. Motor carrier safety permits. Sec. 7203. Improving the effectiveness of planning and training grants. Sec. 7204. Improving publication of special permits and approvals. Sec. 7205. Enhanced reporting. Sec. 7206. Wetlines. Sec. 7207. GAO study on acceptance of classification examinations. Sec. 7208. Hazardous materials endorsement exemption. Subtitle C--Safe Transportation of Flammable Liquids by Rail Sec. 7301. Community safety grants. Sec. 7302. Real-time emergency response information. Sec. 7303. Emergency response. Sec. 7304. Phase-out of all tank cars used to transport Class 3 flammable liquids. Sec. 7305. Thermal blankets. Sec. 7306. Minimum requirements for top fittings protection for class DOT-117R tank cars. Sec. 7307. Rulemaking on oil spill response plans. Sec. 7308. Modification reporting. Sec. 7309. Report on crude oil characteristics research study. Sec. 7310. Hazardous materials by rail liability study. Sec. 7311. Study and testing of electronically controlled pneumatic brakes. TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION Sec. 8001. Multimodal freight transportation. TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU Sec. 9001. National Surface Transportation and Innovative Finance Bureau. Sec. 9002. Council on Credit and Finance. TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY Sec. 10001. Allocations. Sec. 10002. Recreational boating safety. TITLE XI--RAIL Sec. 11001. Short title. Subtitle A--Authorizations Sec. 11101. Authorization of grants to Amtrak. Sec. 11102. Consolidated rail infrastructure and safety improvements. Sec. 11103. Federal-State partnership for state of good repair. Sec. 11104. Restoration and enhancement grants. Sec. 11105. Authorization of appropriations for Amtrak Office of Inspector General. Sec. 11106. Definitions. [[Page 129 STAT. 1317]] Subtitle B--Amtrak Reforms Sec. 11201. Accounts. Sec. 11202. Amtrak grant process. Sec. 11203. 5-year business line and asset plans. Sec. 11204. State-supported route committee. Sec. 11205. Composition of Amtrak's Board of Directors. Sec. 11206. Route and service planning decisions. Sec. 11207. Food and beverage reform. Sec. 11208. Rolling stock purchases. Sec. 11209. Local products and promotional events. Sec. 11210. Amtrak pilot program for passengers transporting domesticated cats and dogs. Sec. 11211. Right-of-way leveraging. Sec. 11212. Station development. Sec. 11213. Amtrak boarding procedures. Sec. 11214. Amtrak debt. Sec. 11215. Elimination of duplicative reporting. Subtitle C--Intercity Passenger Rail Policy Sec. 11301. Consolidated rail infrastructure and safety improvements. Sec. 11302. Federal-State partnership for state of good repair. Sec. 11303. Restoration and enhancement grants. Sec. 11304. Gulf Coast rail service working group. Sec. 11305. Northeast Corridor Commission. Sec. 11306. Northeast corridor planning. Sec. 11307. Competition. Sec. 11308. Performance-based proposals. Sec. 11309. Large capital project requirements. Sec. 11310. Small business participation study. Sec. 11311. Shared-use study. Sec. 11312. Northeast Corridor through-ticketing and procurement efficiencies. Sec. 11313. Data and analysis. Sec. 11314. Amtrak Inspector General. Sec. 11315. Miscellaneous provisions. Sec. 11316. Technical and conforming amendments. Subtitle D--Safety Sec. 11401. Highway-rail grade crossing safety. Sec. 11402. Private highway-rail grade crossings. Sec. 11403. Study on use of locomotive horns at highway-rail grade crossings. Sec. 11404. Positive train control at grade crossings effectiveness study. Sec. 11405. Bridge inspection reports. Sec. 11406. Speed limit action plans. Sec. 11407. Alerters. Sec. 11408. Signal protection. Sec. 11409. Commuter rail track inspections. Sec. 11410. Post-accident assessment. Sec. 11411. Recording devices. Sec. 11412. Railroad police officers. Sec. 11413. Repair and replacement of damaged track inspection equipment. Sec. 11414. Report on vertical track deflection. Sec. 11415. Rail passenger liability. Subtitle E--Project Delivery Sec. 11501. Short title. Sec. 11502. Treatment of improvements to rail and transit under preservation requirements. Sec. 11503. Efficient environmental reviews. Sec. 11504. Railroad rights-of-way. Subtitle F--Financing Sec. 11601. Short title; references. Sec. 11602. Definitions. Sec. 11603. Eligible applicants. Sec. 11604. Eligible purposes. Sec. 11605. Program administration. Sec. 11606. Loan terms and repayment. Sec. 11607. Credit risk premiums. Sec. 11608. Master credit agreements. Sec. 11609. Priorities and conditions. [[Page 129 STAT. 1318]] Sec. 11610. Savings provisions. Sec. 11611. Report on leveraging RRIF. DIVISION B--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF 2015 TITLE XXIV--MOTOR VEHICLE SAFETY Subtitle A--Vehicle Safety Sec. 24101. Authorization of appropriations. Sec. 24102. Inspector general recommendations. Sec. 24103. Improvements in availability of recall information. Sec. 24104. Recall process. Sec. 24105. Pilot grant program for state notification to consumers of motor vehicle recall status. Sec. 24106. Recall obligations under bankruptcy. Sec. 24107. Dealer requirement to check for open recall. Sec. 24108. Extension of time period for remedy of tire defects. Sec. 24109. Rental car safety. Sec. 24110. Increase in civil penalties for violations of motor vehicle safety. Sec. 24111. Electronic odometer disclosures. Sec. 24112. Corporate responsibility for NHTSA reports. Sec. 24113. Direct vehicle notification of recalls. Sec. 24114. Unattended children warning. Sec. 24115. Tire pressure monitoring system. Sec. 24116. Information regarding components involved in recall. Subtitle B--Research And Development And Vehicle Electronics Sec. 24201. Report on operations of the council for vehicle electronics, vehicle software, and emerging technologies. Sec. 24202. Cooperation with foreign governments. Subtitle C--Miscellaneous Provisions Part I--DRIVER PRIVACY ACT OF 2015 Sec. 24301. Short title. Sec. 24302. Limitations on data retrieval from vehicle event data recorders. Sec. 24303. Vehicle event data recorder study. Part II--SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015 Sec. 24321. Short title. Sec. 24322. Passenger motor vehicle information. Part III--TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015 Sec. 24331. Short title. Sec. 24332. Tire fuel efficiency minimum performance standards. Sec. 24333. Tire registration by independent sellers. Sec. 24334. Tire identification study and report. Sec. 24335. Tire recall database. Part IV--ALTERNATIVE FUEL VEHICLES Sec. 24341. Regulatory parity for natural gas vehicles. Part V--MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT Sec. 24351. Short title. Sec. 24352. Motor vehicle safety whistleblower incentives and protections. Subtitle D--Additional Motor Vehicle Provisions Sec. 24401. Required reporting of NHTSA agenda. Sec. 24402. Application of remedies for defects and noncompliance. Sec. 24403. Retention of safety records by manufacturers. Sec. 24404. Nonapplication of prohibitions relating to noncomplying motor vehicles to vehicles used for testing or evaluation. Sec. 24405. Treatment of low-volume manufacturers. Sec. 24406. Motor vehicle safety guidelines. Sec. 24407. Improvement of data collection on child occupants in vehicle crashes. DIVISION C--FINANCE TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES Subtitle A--Extension of Trust Fund Expenditure Authority and Related Taxes Sec. 31101. Extension of Highway Trust Fund expenditure authority. [[Page 129 STAT. 1319]] Sec. 31102. Extension of highway-related taxes. Subtitle B--Additional Transfers to Highway Trust Fund Sec. 31201. Further additional transfers to trust fund. Sec. 31202. Transfer to Highway Trust Fund of certain motor vehicle safety penalties. Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust Fund. TITLE XXXII--OFFSETS Subtitle A--Tax Provisions Sec. 32101. Revocation or denial of passport in case of certain unpaid taxes. Sec. 32102. Reform of rules relating to qualified tax collection contracts. Sec. 32103. Special compliance personnel program. Sec. 32104. Repeal of modification of automatic extension of return due date for certain employee benefit plans. Subtitle B--Fees and Receipts Sec. 32201. Adjustment for inflation of fees for certain customs services. Sec. 32202. Limitation on surplus funds of Federal reserve banks. Sec. 32203. Dividends of Federal reserve banks. Sec. 32204. Strategic Petroleum Reserve drawdown and sale. Sec. 32205. Repeal. Subtitle C--Outlays Sec. 32301. Interest on overpayment. Subtitle D--Budgetary Effects Sec. 32401. Budgetary effects. DIVISION D--MISCELLANEOUS TITLE XLI--FEDERAL PERMITTING IMPROVEMENT Sec. 41001. Definitions. Sec. 41002. Federal Permitting Improvement Council. Sec. 41003. Permitting process improvement. Sec. 41004. Interstate compacts. Sec. 41005. Coordination of required reviews. Sec. 41006. Delegated State permitting programs. Sec. 41007. Litigation, judicial review, and savings provision. Sec. 41008. Reports. Sec. 41009. Funding for governance, oversight, and processing of environmental reviews and permits. Sec. 41010. Application. Sec. 41011. GAO Report. Sec. 41012. Savings provision. Sec. 41013. Sunset. Sec. 41014. Placement. TITLE XLII--ADDITIONAL PROVISIONS Sec. 42001. GAO report on refunds to registered vendors of kerosene used in noncommercial aviation. TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES Sec. 43001. Payments from Abandoned Mine Reclamation Fund. DIVISION E--EXPORT-IMPORT BANK OF THE UNITED STATES Sec. 50001. Short title. TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY Sec. 51001. Reduction in authorized amount of outstanding loans, guarantees, and insurance. Sec. 51002. Increase in loss reserves. Sec. 51003. Review of fraud controls. Sec. 51004. Office of Ethics. Sec. 51005. Chief Risk Officer. Sec. 51006. Risk Management Committee. Sec. 51007. Independent audit of bank portfolio. [[Page 129 STAT. 1320]] Sec. 51008. Pilot program for reinsurance. TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS Sec. 52001. Increase in small business lending requirements. Sec. 52002. Report on programs for small- and medium-sized businesses. TITLE LIII--MODERNIZATION OF OPERATIONS Sec. 53001. Electronic payments and documents. Sec. 53002. Reauthorization of information technology updating. TITLE LIV--GENERAL PROVISIONS Sec. 54001. Extension of authority. Sec. 54002. Certain updated loan terms and amounts. TITLE LV--OTHER MATTERS Sec. 55001. Prohibition on discrimination based on industry. Sec. 55002. Negotiations to end export credit financing. Sec. 55003. Study of financing for information and communications technology systems. DIVISION F--ENERGY SECURITY Sec. 61001. Emergency preparedness for energy supply disruptions. Sec. 61002. Resolving environmental and grid reliability conflicts. Sec. 61003. Critical electric infrastructure security. Sec. 61004. Strategic Transformer Reserve. Sec. 61005. Energy security valuation. DIVISION G--FINANCIAL SERVICES TITLE LXXI--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES Sec. 71001. Filing requirement for public filing prior to public offering. Sec. 71002. Grace period for change of status of emerging growth companies. Sec. 71003. Simplified disclosure requirements for emerging growth companies. TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION Sec. 72001. Summary page for form 10-K. Sec. 72002. Improvement of regulation S-K. Sec. 72003. Study on modernization and simplification of regulation S-K. TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND COST SAVINGS Sec. 73001. Technical corrections. Sec. 73002. American Eagle Silver Bullion 30th Anniversary. TITLE LXXIV--SBIC ADVISERS RELIEF Sec. 74001. Advisers of SBICs and venture capital funds. Sec. 74002. Advisers of SBICs and private funds. Sec. 74003. Relationship to State law. TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION Sec. 75001. Exception to annual privacy notice requirement under the Gramm-Leach-Bliley Act. TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES Sec. 76001. Exempted transactions. TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY Sec. 77001. Distributions and residual receipts. Sec. 77002. Future refinancings. Sec. 77003. Implementation. TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF Sec. 78001. Reviews of family incomes. TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY Sec. 79001. Authority to administer rental assistance. [[Page 129 STAT. 1321]] Sec. 79002. Reallocation of funds. TITLE LXXX--CHILD SUPPORT ASSISTANCE Sec. 80001. Requests for consumer reports by State or local child support enforcement agencies. TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING Sec. 81001. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units. TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS Sec. 82001. Privately insured credit unions authorized to become members of a Federal home loan bank. Sec. 82002. GAO Report. TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM Sec. 83001. Smaller institutions qualifying for 18-month examination cycle. TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION Sec. 84001. Forward incorporation by reference for Form S-1. TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION Sec. 85001. Registration threshold for savings and loan holding companies. TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS Sec. 86001. Repeal. TITLE LXXXVII--TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF SMALLER INSTITUTIONS Sec. 87001. Date for determining consolidated assets. TITLE LXXXVIII--STATE LICENSING EFFICIENCY Sec. 88001. Short title. Sec. 88002. Background checks. TITLE LXXXIX--HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES Sec. 89001. Short title. Sec. 89002. Designation of rural area. Sec. 89003. Operations in rural areas. DIVISION A--SURFACE TRANSPORTATION SEC. 1001. <<NOTE: 23 USC 101 note.>> DEFINITIONS. In this division, the following definitions apply: (1) Department.--The term ``Department'' means the Department of Transportation. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 1002. RECONCILIATION OF FUNDS. The Secretary shall reduce the amount apportioned or allocated for a program, project, or activity under titles I and VI of this Act in fiscal year 2016 by amounts apportioned or allocated pursuant to any extension Act of MAP-21, including the amendments made by that extension Act, during the period beginning on October 1, 2015, and ending on the date of enactment of this Act. For purposes of making such reductions, funds set aside pursuant to section 133(h) of title 23, United States Code, as amended by [[Page 129 STAT. 1322]] this Act, shall be reduced by the amount set aside pursuant to section 213 of such title, as in effect on the day before the date of enactment of this Act. SEC. 1003. <<NOTE: 5 USC 5313 note.>> EFFECTIVE DATE. Except as otherwise provided, this division, including the amendments made by this division, takes effect on October 1, 2015. SEC. 1004. <<NOTE: 1 USC 1 note.>> REFERENCES. Except as expressly provided otherwise, any reference to ``this Act'' contained in this division shall be treated as referring only to the provisions of this division. TITLE I--FEDERAL-AID HIGHWAYS Subtitle A--Authorizations and Programs SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Federal-aid highway program.--For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, and to carry out section 134 of that title-- (A) $39,727,500,000 for fiscal year 2016; (B) $40,547,805,000 for fiscal year 2017; (C) $41,424,020,075 for fiscal year 2018; (D) $42,358,903,696 for fiscal year 2019; and (E) $43,373,294,311 for fiscal year 2020. (2) Transportation infrastructure finance and innovation program.--For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code-- (A) $275,000,000 for fiscal year 2016; (B) $275,000,000 for fiscal year 2017; (C) $285,000,000 for fiscal year 2018; (D) $300,000,000 for fiscal year 2019; and (E) $300,000,000 for fiscal year 2020. (3) Federal lands and tribal transportation programs.-- (A) Tribal transportation program.--For the tribal transportation program under section 202 of title 23, United States Code-- (i) $465,000,000 for fiscal year 2016; (ii) $475,000,000 for fiscal year 2017; (iii) $485,000,000 for fiscal year 2018; (iv) $495,000,000 for fiscal year 2019; and (v) $505,000,000 for fiscal year 2020. (B) Federal lands transportation program.-- [[Page 129 STAT. 1323]] (i) In general.--For the Federal lands transportation program under section 203 of title 23, United States Code-- (I) $335,000,000 for fiscal year 2016; (II) $345,000,000 for fiscal year 2017; (III) $355,000,000 for fiscal year 2018; (IV) $365,000,000 for fiscal year 2019; and (V) $375,000,000 for fiscal year 2020. (ii) Allocation.--Of the amount made available for a fiscal year under clause (i)-- (I) the amount for the National Park Service is-- (aa) $268,000,000 for fiscal year 2016; (bb) $276,000,000 for fiscal year 2017; (cc) $284,000,000 for fiscal year 2018; (dd) $292,000,000 for fiscal year 2019; and (ee) $300,000,000 for fiscal year 2020. (II) the amount for the United States Fish and Wildlife Service is $30,000,000 for each of fiscal years 2016 through 2020; and (III) the amount for the United States Forest Service is-- (aa) $15,000,000 for fiscal year 2016; (bb) $16,000,000 for fiscal year 2017; (cc) $17,000,000 for fiscal year 2018; (dd) $18,000,000 for fiscal year 2019; and (ee) $19,000,000 for fiscal year 2020. (C) Federal lands access program.--For the Federal lands access program under section 204 of title 23, United States Code-- (i) $250,000,000 for fiscal year 2016; (ii) $255,000,000 for fiscal year 2017; (iii) $260,000,000 for fiscal year 2018; (iv) $265,000,000 for fiscal year 2019; and (v) $270,000,000 for fiscal year 2020. (4) Territorial and puerto rico highway program.--For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, $200,000,000 for each of fiscal years 2016 through 2020. (5) Nationally significant freight and highway projects.-- For nationally significant freight and highway projects under section 117 of title 23, United States Code-- (A) $800,000,000 for fiscal year 2016; (B) $850,000,000 for fiscal year 2017; (C) $900,000,000 for fiscal year 2018; (D) $950,000,000 for fiscal year 2019; and (E) $1,000,000,000 for fiscal year 2020. (b) <<NOTE: 23 USC 101 note.>> Disadvantaged Business Enterprises.-- (1) Findings.--Congress finds that-- (A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally assisted surface transportation markets across the United States; [[Page 129 STAT. 1324]] (B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program; (C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem; (D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and (E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business. (2) Definitions.--In this subsection, the following definitions apply: (A) Small business concern.-- (i) In general.--The term ``small business concern'' means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)). (ii) Exclusions.--The term ``small business concern'' does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $23,980,000, as adjusted annually by the Secretary for inflation. (B) Socially and economically disadvantaged individuals.--The term ``socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. (3) Amounts for small business concerns.--Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, II, III, and VI of this Act and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. (4) Annual listing of disadvantaged business enterprises.-- Each State shall annually-- (A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including [[Page 129 STAT. 1325]] the location of the small business concerns in the State; and (B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by-- (i) women; (ii) socially and economically disadvantaged individuals (other than women); and (iii) individuals who are women and are otherwise socially and economically disadvantaged individuals. (5) Uniform certification.-- (A) In general.--The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection. (B) Inclusions.--The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern-- (i) on-site visits; (ii) personal interviews with personnel; (iii) issuance or inspection of licenses; (iv) analyses of stock ownership; (v) listings of equipment; (vi) analyses of bonding capacity; (vii) listings of work completed; (viii) examination of the resumes of principal owners; (ix) analyses of financial capacity; and (x) analyses of the type of work preferred. (6) Reporting.--The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary-- (A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and (B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program. (7) Compliance with court orders.--Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, III, and VI of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional. (8) Sense of congress on prompt payment of dbe subcontractors.--It is the sense of Congress that-- (A) the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts under laws and regulations administered by the Secretary; and (B) such additional steps should include increasing the Department's ability to track and keep records of complaints and to make that information publicly available. [[Page 129 STAT. 1326]] SEC. 1102. <<NOTE: 23 USC 104 note.>> OBLIGATION CEILING. (a) General Limitation.--Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal- aid highway and highway safety construction programs shall not exceed-- (1) $42,361,000,000 for fiscal year 2016; (2) $43,266,100,000 for fiscal year 2017; (3) $44,234,212,000 for fiscal year 2018; (4) $45,268,596,000 for fiscal year 2019; and (5) $46,365,092,000 for fiscal year 2020. (b) Exceptions.--The limitations under subsection (a) shall not apply to obligations under or for-- (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; (12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years); and (13) section 119 of title 23, United States Code (but, for fiscal years 2016 through 2020, only in an amount equal to $639,000,000 for each of those fiscal years). (c) Distribution of Obligation Authority.--For each of fiscal years 2016 through 2020, the Secretary-- (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for-- (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and [[Page 129 STAT. 1327]] (B) amounts authorized for the Bureau of Transportation Statistics; (2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts-- (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and (B) for which obligation authority was provided in a previous fiscal year; (3) shall determine the proportion that-- (A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (12) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(13) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying-- (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for the fiscal year; and (5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(13) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that-- (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. [[Page 129 STAT. 1328]] (d) Redistribution of Unused Obligation Authority.--Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2016 through 2020-- (1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP-21 (Public Law 112-141)) and 104 of title 23, United States Code. (e) Applicability of Obligation Limitations to Transportation Research Programs.-- (1) In general.--Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under-- (A) chapter 5 of title 23, United States Code; and (B) title VI of this Act. (2) Exception.--Obligation authority made available under paragraph (1) shall-- (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (f) Redistribution of Certain Authorized Funds.-- (1) In general.--Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2016 through 2020, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that-- (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. (2) Ratio.--Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). (3) Availability.--Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. SEC. 1103. DEFINITIONS. Section 101(a) of title 23, United States Code, is amended-- (1) by striking paragraph (29); (2) by redesignating paragraphs (15) through (28) as paragraphs (16) through (29), respectively; and (3) by inserting after paragraph (14) the following: [[Page 129 STAT. 1329]] ``(15) National highway freight network.--The term `National Highway Freight Network' means the National Highway Freight Network established under section 167.''. SEC. 1104. APPORTIONMENT. (a) Administrative Expenses.--Section 104(a)(1) of title 23, United States Code, is amended to read as follows: ``(1) In general.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration-- ``(A) $453,000,000 for fiscal year 2016; ``(B) $459,795,000 for fiscal year 2017; ``(C) $466,691,925 for fiscal year 2018; ``(D) $473,692,304 for fiscal year 2019; and ``(E) $480,797,689 for fiscal year 2020.''. (b) Division Among Programs of State's Share of Base Apportionment.--Section 104(b) of title 23, United States Code, is amended-- (1) by striking ``(b) Division of'' and all that follows before paragraph (1) and inserting the following: ``(b) Division Among Programs of State's Share of Base Apportionment.--The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway freight program, and to carry out section 134 as follows:''; (2) in paragraphs (1), (2), and (3) by striking ``paragraphs (4) and (5)'' each place it appears and inserting ``paragraphs (4), (5), and (6)''; (3) in paragraph (2)-- (A) in the paragraph heading by striking ``Surface transportation program'' and inserting ``Surface transportation block grant program''; and (B) by striking ``surface transportation program'' and inserting ``surface transportation block grant program''; (4) in paragraph (4), in the matter preceding subparagraph (A), by striking ``the amount determined for the State under subsection (c)'' and inserting ``the amount of the base apportionment remaining for the State under subsection (c) after making the set aside in accordance with paragraph (5)''; (5) by redesignating paragraph (5) as paragraph (6); (6) by inserting after paragraph (4) the following: ``(5) National highway freight program.-- ``(A) In general.--For the national highway freight program under section 167, the Secretary shall set aside from the base apportionment determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C). ``(B) Total amount.--The total amount set aside for the national highway freight program for all States shall be-- ``(i) $1,150,000,000 for fiscal year 2016; ``(ii) $1,100,000,000 for fiscal year 2017; ``(iii) $1,200,000,000 for fiscal year 2018; [[Page 129 STAT. 1330]] ``(iv) $1,350,000,000 for fiscal year 2019; and ``(v) $1,500,000,000 for fiscal year 2020. ``(C) State share.--For each fiscal year, the Secretary shall distribute among the States the total set-aside amount for the national highway freight program under subparagraph (B) so that each State receives the amount equal to the proportion that-- ``(i) the total base apportionment determined for the State under subsection (c); bears to ``(ii) the total base apportionments for all States under subsection (c). ``(D) Metropolitan planning.--Of the amount set aside under this paragraph for a State, the Secretary shall use to carry out section 134 an amount determined by multiplying the set-aside amount by the proportion that-- ``(i) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to ``(ii) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of MAP-21 (Public Law 112-141; 126 Stat. 405).''; and (7) in paragraph (6) (as so redesignated), in the matter preceding subparagraph (A), by striking ``the amount determined for the State under subsection (c)'' and inserting ``the amount of the base apportionment remaining for a State under subsection (c) after making the set aside in accordance with paragraph (5)''. (c) Calculation of State Amounts.--Section 104(c) of title 23, United States Code, is amended to read as follows: ``(c) Calculation of Amounts.-- ``(1) State share.--For each of fiscal years 2016 through 2020, the amount for each State shall be determined as follows: ``(A) Initial amounts.--The initial amounts for each State shall be determined by multiplying-- ``(i) each of-- ``(I) the base apportionment; ``(II) supplemental funds reserved under subsection (h)(1) for the national highway performance program; and ``(III) supplemental funds reserved under subsection (h)(2) for the surface transportation block grant program; by ``(ii) the share for each State, which shall be equal to the proportion that-- ``(I) the amount of apportionments that the State received for fiscal year 2015; bears to ``(II) the amount of those apportionments received by all States for that fiscal year. ``(B) Adjustments to amounts.--The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass [[Page 129 STAT. 1331]] Transit Account) in the most recent fiscal year for which data are available. ``(2) State apportionment.--On October 1 of fiscal years 2016 through 2020, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134 in accordance with paragraph (1).''. (d) Supplemental Funds.--Section 104 of title 23, United States Code, is amended by adding at the end the following: ``(h) Supplemental Funds.-- ``(1) Supplemental funds for national highway performance program.-- ``(A) Amount.--Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the national highway performance program under section 119 for that fiscal year an amount equal to-- ``(i) $53,596,122 for fiscal year 2019; and ``(ii) $66,717,816 for fiscal year 2020. ``(B) Treatment of funds.--Funds reserved under subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(1), and shall be in addition to amounts apportioned under that subsection. ``(2) Supplemental funds for surface transportation block grant program.-- ``(A) Amount.--Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the surface transportation block grant program under section 133 for that fiscal year an amount equal to-- ``(i) $835,000,000 for each of fiscal years 2016 and 2017 pursuant to section 133(h), plus-- ``(I) $55,426,310 for fiscal year 2016; and ``(II) $89,289,904 for fiscal year 2017; and ``(ii) $850,000,000 for each of fiscal years 2018 through 2020 pursuant to section 133(h), plus-- ``(I) $118,013,536 for fiscal year 2018; ``(II) $130,688,367 for fiscal year 2019; and ``(III) $170,053,448 for fiscal year 2020. ``(B) Treatment of funds.--Funds reserved under subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(2), and shall be in addition to amounts apportioned under that subsection. ``(i) Base Apportionment Defined.--In this section, the term `base apportionment' means-- ``(1) the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement [[Page 129 STAT. 1332]] program under section 149, the national highway freight program under section 167, and to carry out section 134; minus ``(2) supplemental funds reserved under subsection (h) for the national highway performance program and the surface transportation block grant program.''. (e) Conforming Amendments.-- (1) Section 104(d)(1)(A) of title 23, United States Code, is amended by striking ``subsection (b)(5)'' each place it appears and inserting ``paragraphs (5)(D) and (6) of subsection (b)''. (2) Section 120(c)(3) of title 23, United States Code, is amended-- (A) in subparagraph (A) in the matter preceding clause (i), by striking ``or (5)'' and inserting ``(5)(D), or (6)''; and (B) in subparagraph (C)(i) by striking ``and (5)'' and inserting ``(5)(D), and (6)''. (3) Section 135(i) of title 23, United States Code, is amended by striking ``section 104(b)(5)'' and inserting ``paragraphs (5)(D) and (6) of section 104(b)''. (4) Section 136(b) of title 23, United States Code, is amended in the first sentence by striking ``paragraphs (1) through (5) of section 104(b)'' and inserting ``paragraphs (1) through (6) of section 104(b)''. (5) Section 141(b)(2) of title 23, United States Code, is amended by striking ``paragraphs (1) through (5) of section 104(b)'' and inserting ``paragraphs (1) through (6) of section 104(b)''. (6) Section 505(a) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking ``through (4)'' and inserting ``through (5)''. SEC. 1105. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS. (a) In General.--Title 23, United States Code, is amended by inserting after section 116 the following: ``Sec. 117. <<NOTE: 23 USC 117.>> Nationally significant freight and highway projects ``(a) Establishment.-- ``(1) In general.--There is established a nationally significant freight and highway projects program to provide financial assistance for projects of national or regional significance. ``(2) Goals.--The goals of the program shall be to-- ``(A) improve the safety, efficiency, and reliability of the movement of freight and people; ``(B) generate national or regional economic benefits and an increase in the global economic competitiveness of the United States; ``(C) reduce highway congestion and bottlenecks; ``(D) improve connectivity between modes of freight transportation; ``(E) enhance the resiliency of critical highway infrastructure and help protect the environment; ``(F) improve roadways vital to national energy security; and ``(G) address the impact of population growth on the movement of people and freight. ``(b) Grant Authority.-- [[Page 129 STAT. 1333]] ``(1) In general.--In carrying out the program established in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section. ``(2) Grant amount.--Except as otherwise provided, each grant made under this section shall be in an amount that is at least $25,000,000. ``(c) Eligible Applicants.-- ``(1) In general.--The Secretary may make a grant under this section to the following: ``(A) A State or a group of States. ``(B) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals. ``(C) A unit of local government or a group of local governments. ``(D) A political subdivision of a State or local government. ``(E) A special purpose district or public authority with a transportation function, including a port authority. ``(F) A Federal land management agency that applies jointly with a State or group of States. ``(G) A tribal government or a consortium of tribal governments. ``(H) A multistate or multijurisdictional group of entities described in this paragraph. ``(2) Applications.--To be eligible for a grant under this section, an entity specified in paragraph (1) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate. ``(d) Eligible Projects.-- ``(1) In general.--Except as provided in subsection (e), the Secretary may make a grant under this section only for a project that-- ``(A) is-- ``(i) a highway freight project carried out on the National Highway Freight Network established under section 167; ``(ii) a highway or bridge project carried out on the National Highway System, including-- ``(I) a project to add capacity to the Interstate System to improve mobility; or ``(II) a project in a national scenic area; ``(iii) a freight project that is-- ``(I) a freight intermodal or freight rail project; or ``(II) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility; or ``(iv) a railway-highway grade crossing or grade separation project; and ``(B) has eligible project costs that are reasonably anticipated to equal or exceed the lesser of-- ``(i) $100,000,000; or [[Page 129 STAT. 1334]] ``(ii) in the case of a project-- ``(I) located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or ``(II) located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State with the largest apportionment under this chapter in the most recently completed fiscal year. ``(2) Limitation.-- ``(A) In general.--Not more than $500,000,000 of the amounts made available for grants under this section for fiscal years 2016 through 2020, in the aggregate, may be used to make grants for projects described in paragraph (1)(A)(iii) and such a project may only receive a grant under this section if-- ``(i) the project will make a significant improvement to freight movements on the National Highway Freight Network; and ``(ii) the Federal share of the project funds only elements of the project that provide public benefits. ``(B) Exclusions.--The limitation under subparagraph (A)-- ``(i) shall not apply to a railway-highway grade crossing or grade separation project; and ``(ii) with respect to a multimodal project, shall apply only to the non-highway portion or portions of the project. ``(e) Small Projects.-- ``(1) In general.--The Secretary shall reserve 10 percent of the amounts made available for grants under this section each fiscal year to make grants for projects described in subsection (d)(1)(A) that do not satisfy the minimum threshold under subsection (d)(1)(B). ``(2) Grant amount.--Each grant made under this subsection shall be in an amount that is at least $5,000,000. ``(3) Project selection considerations.--In addition to other applicable requirements, in making grants under this subsection the Secretary shall consider-- ``(A) the cost effectiveness of the proposed project; and ``(B) the effect of the proposed project on mobility in the State and region in which the project is carried out. ``(f) Eligible Project Costs.--Grant amounts received for a project under this section may be used for-- ``(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and ``(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance. ``(g) Project Requirements.--The Secretary may select a project described under this section (other than subsection (e)) [[Page 129 STAT. 1335]] for funding under this section only if the Secretary determines that-- ``(1) the project will generate national or regional economic, mobility, or safety benefits; ``(2) the project will be cost effective; ``(3) the project will contribute to the accomplishment of 1 or more of the national goals described under section 150 of this title; ``(4) the project is based on the results of preliminary engineering; ``(5) with respect to related non-Federal financial commitments-- ``(A) 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and ``(B) contingency amounts are available to cover unanticipated cost increases; ``(6) the project cannot be easily and efficiently completed without other Federal funding or financial assistance available to the project sponsor; and ``(7) the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project. ``(h) Additional Considerations.--In making a grant under this section, the Secretary shall consider-- ``(1) utilization of nontraditional financing, innovative design and construction techniques, or innovative technologies; ``(2) utilization of non-Federal contributions; and ``(3) contributions to geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities. ``(i) Rural Areas.-- ``(1) In general.--The Secretary shall reserve not less than 25 percent of the amounts made available for grants under this section, including the amounts made available under subsection (e), each fiscal year to make grants for projects located in rural areas. ``(2) Excess funding.--In any fiscal year in which qualified applications for grants under this subsection will not allow for the amount reserved under paragraph (1) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under this section. ``(3) Rural area defined.--In this subsection, the term `rural area' means an area that is outside an urbanized area with a population of over 200,000. ``(j) Federal Share.-- ``(1) In general.--The Federal share of the cost of a project assisted with a grant under this section may not exceed 60 percent. ``(2) Maximum federal involvement.--Federal assistance other than a grant under this section may be used to satisfy the non- Federal share of the cost of a project for which such a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost. ``(3) Federal land management agencies.--Notwithstanding any other provision of law, any Federal funds other [[Page 129 STAT. 1336]] than those made available under this title or title 49 may be used to pay the non-Federal share of the cost of a project carried out under this section by a Federal land management agency, as described under subsection (c)(1)(F). ``(k) Treatment of Freight Projects.--Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project is located on a Federal-aid highway. ``(l) TIFIA Program.--At the request of an eligible applicant under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded. ``(m) Congressional Notification.-- ``(1) Notification.-- ``(A) In general.--At least 60 days before making a grant for a project under this section, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the proposed grant. The notification shall include an evaluation and justification for the project and the amount of the proposed grant award. ``(B) Multimodal projects.--In addition to the notice required under subparagraph (A), the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate before making a grant for a project described in subsection (d)(1)(A)(iii). ``(2) Congressional disapproval.--The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1). ``(n) Reports.-- ``(1) Annual report.--The Secretary shall make available on the Web site of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under this section during that fiscal year. ``(2) Comptroller general.-- ``(A) Assessment.--The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section. ``(B) Report.--Not later than 1 year after the initial awarding of grants under this section, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes-- ``(i) the adequacy and fairness of the process by which each project was selected, if applicable; and ``(ii) the justification and criteria used for the selection of each project, if applicable.''. [[Page 129 STAT. 1337]] (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, <<NOTE: 23 USC prec. 101.>> is amended by inserting after the item relating to section 116 the following: ``117. Nationally significant freight and highway projects.''. (c) Repeal.--Section 1301 of SAFETEA-LU (23 U.S.C. 101 note), and the item relating to that section in the table of contents in section 1(b) of such Act, are repealed. SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. Section 119 of title 23, United States Code, is amended by adding at the end the following: ``(h) TIFIA Program.--Upon Secretarial approval of credit assistance under chapter 6, the Secretary, at the request of a State, may allow the State to use funds apportioned under section 104(b)(1) to pay subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section. ``(i) Additional Funding Eligibility for Certain Bridges.-- ``(1) In general.--Funds apportioned to a State to carry out the national highway performance program may be obligated for a project for the reconstruction, resurfacing, restoration, rehabilitation, or preservation of a bridge not on the National Highway System, if the bridge is on a Federal-aid highway. ``(2) Limitation.--A State required to make obligations under subsection (f) shall ensure such requirements are satisfied in order to use the flexibility under paragraph (1). ``(j) Critical Infrastructure.-- ``(1) Critical infrastructure defined.--In this subsection, the term `critical infrastructure' means those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security, national or regional energy security, national or regional public health or safety, or any combination of those matters. ``(2) Consideration.--The asset management plan of a State may include consideration of critical infrastructure from among those facilities in the State that are eligible under subsection (c). ``(3) Risk reduction.--A State may use funds apportioned under this section for projects intended to reduce the risk of failure of critical infrastructure in the State.''. SEC. 1107. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS. (a) Eligibility.--Section 125(d)(3) of title 23, United States Code, is amended-- (1) in subparagraph (A) by striking ``or'' at the end; (2) in subparagraph (B) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) projects eligible for assistance under this section located on tribal transportation facilities, Federal lands transportation facilities, or other federally owned roads that are open to public travel (as defined in subsection (e)(1)).''. (b) Definitions.--Section 125(e) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following: [[Page 129 STAT. 1338]] ``(1) Definitions.--In this subsection, the following definitions apply: ``(A) Open to public travel.--The term `open to public travel' means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road-- ``(i) is maintained; ``(ii) is open to the general public; and ``(iii) can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration. ``(B) Standard passenger vehicle.--The term `standard passenger vehicle' means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground.''. SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS. Section 130(e)(1) of title 23, United States Code, is amended to read as follows: ``(1) In general.-- ``(A) Set aside.--Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, for the elimination of hazards and the installation of protective devices at railway- highway crossings at least-- ``(i) $225,000,000 for fiscal year 2016; ``(ii) $230,000,000 for fiscal year 2017; ``(iii) $235,000,000 for fiscal year 2018; ``(iv) $240,000,000 for fiscal year 2019; and ``(v) $245,000,000 for fiscal year 2020. ``(B) Installation of protective devices.--At least \1/2\ of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective devices at railway-highway crossings. ``(C) Obligation availability.--Sums set aside each fiscal year under subparagraph (A) shall be available for obligation in the same manner as funds apportioned under section 104(b)(1).''. SEC. 1109. <<NOTE: 23 USC 133 note.>> SURFACE TRANSPORTATION BLOCK GRANT PROGRAM. (a) Findings.--Congress finds that-- (1) the benefits of the surface transportation block grant program accrue principally to the residents of each State and municipality where the funds are obligated; (2) decisions about how funds should be obligated are best determined by the States and municipalities to respond to unique local circumstances and implement the most efficient solutions; and (3) reforms of the program to promote flexibility will enhance State and local control over transportation decisions. (b) Surface Transportation Block Grant Program.--Section 133 of title 23, United States Code, is amended-- (1) by striking subsections (a), (b), (c), and (d) and inserting the following: [[Page 129 STAT. 1339]] ``(a) Establishment.--The Secretary shall establish a surface transportation block grant program in accordance with this section to provide flexible funding to address State and local transportation needs. ``(b) Eligible Projects.--Funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program may be obligated for the following: ``(1) Construction of-- ``(A) highways, bridges, tunnels, including designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40; ``(B) ferry boats and terminal facilities eligible for funding under section 129(c); ``(C) transit capital projects eligible for assistance under chapter 53 of title 49; ``(D) infrastructure-based intelligent transportation systems capital improvements; ``(E) truck parking facilities eligible for funding under section 1401 of MAP-21 (23 U.S.C. 137 note); and ``(F) border infrastructure projects eligible for funding under section 1303 of SAFETEA-LU (23 U.S.C. 101 note). ``(2) Operational improvements and capital and operating costs for traffic monitoring, management, and control facilities and programs. ``(3) Environmental measures eligible under sections 119(g), 328, and 329 and transportation control measures listed in section 108(f)(1)(A) (other than clause (xvi) of that section) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)). ``(4) Highway and transit safety infrastructure improvements and programs, including railway-highway grade crossings. ``(5) Fringe and corridor parking facilities and programs in accordance with section 137 and carpool projects in accordance with section 146. ``(6) Recreational trails projects eligible for funding under section 206, pedestrian and bicycle projects in accordance with section 217 (including modifications to comply with accessibility requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and the safe routes to school program under section 1404 of SAFETEA-LU (23 U.S.C. 402 note). ``(7) Planning, design, or construction of boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways. ``(8) Development and implementation of a State asset management plan for the National Highway System and a performance-based management program for other public roads. ``(9) Protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) for bridges (including approaches to bridges and other elevated structures) and tunnels on public roads, and inspection and evaluation of bridges and tunnels and other highway assets. ``(10) Surface transportation planning programs, highway and transit research and development and technology transfer programs, and workforce development, training, and education under chapter 5 of this title. [[Page 129 STAT. 1340]] ``(11) Surface transportation infrastructure modifications to facilitate direct intermodal interchange, transfer, and access into and out of a port terminal. ``(12) Projects and strategies designed to support congestion pricing, including electronic toll collection and travel demand management strategies and programs. ``(13) At the request of a State, and upon Secretarial approval of credit assistance under chapter 6, subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section. ``(14) The creation and operation by a State of an office to assist in the design, implementation, and oversight of public- private partnerships eligible to receive funding under this title and chapter 53 of title 49, and the payment of a stipend to unsuccessful private bidders to offset their proposal development costs, if necessary to encourage robust competition in public-private partnership procurements. ``(15) Any type of project eligible under this section as in effect on the day before the date of enactment of the FAST Act, including projects described under section 101(a)(29) as in effect on such day. ``(c) Location of Projects.--A surface transportation block grant project may not be undertaken on a road functionally classified as a local road or a rural minor collector unless the road was on a Federal- aid highway system on January 1, 1991, except-- ``(1) for a bridge or tunnel project (other than the construction of a new bridge or tunnel at a new location); ``(2) for a project described in paragraphs (4) through (11) of subsection (b); ``(3) for a project described in section 101(a)(29), as in effect on the day before the date of enactment of the FAST Act; and ``(4) as approved by the Secretary. ``(d) Allocations of Apportioned Funds to Areas Based on Population.-- ``(1) Calculation.--Of the funds apportioned to a State under section 104(b)(2) (after the reservation of funds under subsection (h))-- ``(A) the percentage specified in paragraph (6) for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State-- ``(i) in urbanized areas of the State with an urbanized area population of over 200,000; ``(ii) in areas of the State other than urban areas with a population greater than 5,000; and ``(iii) in other areas of the State; and ``(B) the remainder may be obligated in any area of the State. ``(2) Metropolitan areas.--Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area. ``(3) Consultation with regional transportation planning organizations.--For purposes of paragraph (1)(A)(iii), before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall [[Page 129 STAT. 1341]] consult with the regional transportation planning organizations that represent the area, if any. ``(4) Distribution among urbanized areas of over 200,000 population.-- ``(A) In general.--Except as provided in subparagraph (B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas. ``(B) Other factors.--The State may obligate the funds described in subparagraph (A) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request. ``(5) Applicability of planning requirements.--Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135. ``(6) Percentage.--The percentage referred to in paragraph (1)(A) is-- ``(A) for fiscal year 2016, 51 percent; ``(B) for fiscal year 2017, 52 percent; ``(C) for fiscal year 2018, 53 percent; ``(D) for fiscal year 2019, 54 percent; and ``(E) for fiscal year 2020, 55 percent.''; (2) by striking the section heading and inserting ``Surface transportation block grant program''; (3) by striking subsection (e); (4) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively; (5) in subsection (e)(1), as redesignated by this subsection-- (A) by striking ``104(b)(3)'' and inserting ``104(b)(2)''; and (B) by striking ``fiscal years 2011 through 2014'' and inserting ``fiscal years 2016 through 2020''; (6) in subsection (g)(1), as redesignated by this subsection, by striking ``under subsection (d)(1)(A)(iii) for each of fiscal years 2013 through 2014'' and inserting ``under subsection (d)(1)(A)(ii) for each of fiscal years 2016 through 2020''; and (7) by adding at the end the following: ``(h) STP Set-Aside.-- ``(1) Reservation of funds.--Of the funds apportioned to a State under section 104(b)(2) for each fiscal year, the Secretary shall reserve an amount such that-- ``(A) the Secretary reserves a total under this subsection of-- ``(i) $835,000,000 for each of fiscal years 2016 and 2017; and ``(ii) $850,000,000 for each of fiscal years 2018 through 2020; and ``(B) the State's share of that total is determined by multiplying the amount under subparagraph (A) by the ratio that-- ``(i) the amount apportioned to the State for the transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of MAP-21; bears to [[Page 129 STAT. 1342]] ``(ii) the total amount of funds apportioned to all States for the transportation enhancements program for fiscal year 2009. ``(2) Allocation within a state.--Funds reserved for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))-- ``(A) for each fiscal year, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 50 percent; and ``(B) the following provisions shall not apply: ``(i) Paragraph (3) of subsection (d). ``(ii) Subsection (e). ``(3) Eligible projects.--Funds reserved under this subsection may be obligated for projects or activities described in section 101(a)(29) or 213, as such provisions were in effect on the day before the date of enactment of the FAST Act. ``(4) Access to funds.-- ``(A) In general.--A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under such process in consultation with the relevant State. ``(B) Eligible entity defined.--In this paragraph, the term `eligible entity' means-- ``(i) a local government; ``(ii) a regional transportation authority; ``(iii) a transit agency; ``(iv) a natural resource or public land agency; ``(v) a school district, local education agency, or school; ``(vi) a tribal government; ``(vii) a nonprofit entity responsible for the administration of local transportation safety programs; and ``(viii) any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection. ``(5) Continuation of certain recreational trails projects.--For each fiscal year, a State shall-- ``(A) obligate an amount of funds reserved under this section equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2), as in effect on the day before the date of enactment of MAP-21, for projects relating to recreational trails under section 206; ``(B) return 1 percent of those funds to the Secretary for the administration of that program; and ``(C) comply with the provisions of the administration of the recreational trails program under section 206, [[Page 129 STAT. 1343]] including the use of apportioned funds described in subsection (d)(3)(A) of that section. ``(6) State flexibility.-- ``(A) Recreational trails.--A State may opt out of the recreational trails program under paragraph (5) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year. ``(B) Large urbanized areas.--A metropolitan planning area may use not to exceed 50 percent of the funds reserved under this subsection for an urbanized area described in subsection (d)(1)(A)(i) for any purpose eligible under subsection (b). ``(7) Annual reports.-- ``(A) In general.--Each State or metropolitan planning organization responsible for carrying out the requirements of this subsection shall submit to the Secretary an annual report that describes-- ``(i) the number of project applications received for each fiscal year, including-- ``(I) the aggregate cost of the projects for which applications are received; and ``(II) the types of projects to be carried out, expressed as percentages of the total apportionment of the State under this subsection; and ``(ii) the number of projects selected for funding for each fiscal year, including the aggregate cost and location of projects selected. ``(B) Public availability.--The Secretary shall make available to the public, in a user-friendly format on the Web site of the Department of Transportation, a copy of each annual report submitted under subparagraph (A). ``(i) Treatment of Projects.--Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (h)(5)) shall be treated as projects on a Federal-aid highway under this chapter.''. (c) Technical and Conforming Amendments.-- (1) Section 126.--Section 126(b)(2) of title 23, United States Code, is amended-- (A) by striking ``section 213'' and inserting ``section 133(h)''; and (B) by striking ``section 213(c)(1)(B)'' and inserting ``section 133(h)''. (2) Section 213.--Section 213 of title 23, United States Code, is repealed. (3) Section 322.--Section 322(h)(3) of title 23, United States Code, is amended by striking ``surface transportation program'' and inserting ``surface transportation block grant program''. (4) Section 504.--Section 504(a)(4) of title 23, United States Code, is amended-- (A) by striking ``104(b)(3)'' and inserting ``104(b)(2)''; and (B) by striking ``surface transportation program'' and inserting ``surface transportation block grant program''. (5) <<NOTE: 23 USC 108,140, 142,149,165.>> Chapter 1.-- Chapter 1 of title 23, United States Code, is amended by striking ``surface transportation program'' each [[Page 129 STAT. 1344]] place it appears and inserting ``surface transportation block grant program''. (6) Chapter analyses.-- (A) Chapter 1.--The analysis for chapter 1 of title 23, United States Code, <<NOTE: 23 USC prec. 101.>> is amended by striking the item relating to section 133 and inserting the following: ``133. Surface transportation block grant program.''. (B) Chapter 2.--The item relating to section 213 in the analysis for chapter 2 of title 23, United States Code, is <<NOTE: 23 USC prec. 201.>> repealed. (7) <<NOTE: 23 USC 133 note.>> Other references.--Any reference in any other law, regulation, document, paper, or other record of the United States to the surface transportation program under section 133 of title 23, United States Code, shall be deemed to be a reference to the surface transportation block grant program under such section. SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. Section 143(b) of title 23, United States Code, is amended-- (1) by striking paragraph (2)(A) and inserting the following: ``(A) In general.--From administrative funds made available under section 104(a), the Secretary may deduct such sums as are necessary, not to exceed $4,000,000 for each of fiscal years 2016 through 2020, to carry out this section.''; (2) in the heading for paragraph (8) by inserting ``block grant'' after ``surface transportation''; and (3) in paragraph (9) by inserting ``, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate'' after ``the Secretary''. SEC. 1111. BUNDLING OF BRIDGE PROJECTS. Section 144 of title 23, United States Code, is amended-- (1) in subsection (c)(2)(A) by striking ``the natural condition of the bridge'' and inserting ``the natural condition of the water''; (2) by redesignating subsection (j) as subsection (k); (3) by inserting after subsection (i) the following: ``(j) Bundling of Bridge Projects.-- ``(1) Purpose.--The purpose of this subsection is to save costs and time by encouraging States to bundle multiple bridge projects as 1 project. ``(2) Eligible entity defined.--In this subsection, the term `eligible entity' means an entity eligible to carry out a bridge project under section 119 or 133. ``(3) Bundling of bridge projects.--An eligible entity may bundle 2 or more similar bridge projects that are-- ``(A) eligible projects under section 119 or 133; ``(B) included as a bundled project in a transportation improvement program under section 134(j) or a statewide transportation improvement program under section 135, as applicable; and ``(C) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and an eligible entity. [[Page 129 STAT. 1345]] ``(4) Itemization.--Notwithstanding any other provision of law (including regulations), a bundling of bridge projects under this subsection may be listed as-- ``(A) 1 project for purposes of sections 134 and 135; and ``(B) a single project. ``(5) Financial characteristics.--Projects bundled under this subsection shall have the same financial characteristics, including-- ``(A) the same funding category or subcategory; and ``(B) the same Federal share. ``(6) Engineering cost reimbursement.--The provisions of section 102(b) do not apply to projects carried out under this subsection.''; and (4) in subsection (k)(2), as redesignated by paragraph (2) of this section, by striking ``104(b)(3)'' and inserting ``104(b)(2)''. SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES. (a) Construction of Ferry Boats and Ferry Terminal Facilities.-- Section 147 of title 23, United States Code, is amended-- (1) in subsection (a), in the subsection heading, by striking ``In General.--'' and inserting ``Program.--''; and (2) by striking subsections (d) through (g) and inserting the following: ``(d) Formula.--Of the amounts allocated under subsection (c)-- ``(1) 35 percent shall be allocated among eligible entities in the proportion that-- ``(A) the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent calendar year for which data is available; bears to ``(B) the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent calendar year for which data is available; ``(2) 35 percent shall be allocated among eligible entities in the proportion that-- ``(A) the number of vehicles carried by each ferry system in the most recent calendar year for which data is available; bears to ``(B) the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available; and ``(3) 30 percent shall be allocated among eligible entities in the proportion that-- ``(A) the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available; bears to ``(B) the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available. ``(e) Redistribution of Unobligated Amounts.--The Secretary shall-- ``(1) withdraw amounts allocated to an eligible entity under subsection (c) that remain unobligated by the end of the third [[Page 129 STAT. 1346]] fiscal year following the fiscal year for which the amounts were allocated; and ``(2) in the subsequent fiscal year, redistribute the amounts referred to in paragraph (1) in accordance with the formula under subsection (d) among eligible entities for which no amounts were withdrawn under paragraph (1). ``(f) Minimum Amount.--Notwithstanding subsection (c), a State with an eligible entity that meets the requirements of this section shall receive not less than $100,000 under this section for a fiscal year. ``(g) Implementation.-- ``(1) Data collection.-- ``(A) National ferry database.--Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of SAFETEA-LU (23 U.S.C. 129 note). ``(B) Eligibility for funding.--To be eligible to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEA-LU (23 U.S.C. 129 note) for at least 1 ferry service within the State. ``(2) Adjustments.--On review of the data submitted under paragraph (1)(B), the Secretary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data. ``(h) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $80,000,000 for each of fiscal years 2016 through 2020. ``(i) Period of Availability.--Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended. ``(j) Applicability.--All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.''. (b) National Ferry Database.--Section 1801(e)(4) of SAFETEA-LU (23 U.S.C. 129 note) is amended by striking subparagraph (D) and inserting the following: ``(D) make available, from the amounts made available for each fiscal year to carry out chapter 63 of title 49, not more than $500,000 to maintain the database.''. (c) Conforming Amendments.--Section 129(c) of title 23, United States Code, is amended-- (1) in paragraph (2), in the first sentence, by inserting ``or on a public transit ferry eligible under chapter 53 of title 49'' after ``Interstate System''; (2) in paragraph (3)-- (A) by striking ``(3) Such ferry'' and inserting ``(3)(A) The ferry''; and (B) by adding at the end the following: ``(B) Any Federal participation shall not involve the construction or purchase, for private ownership, of a ferry boat, [[Page 129 STAT. 1347]] ferry terminal facility, or other eligible project under this section.''; (3) in paragraph (4) by striking ``and repair,'' and inserting ``repair,''; and (4) by striking paragraph (6) and inserting the following: ``(6) The ferry service shall be maintained in accordance with section 116. ``(7)(A) No ferry boat or ferry terminal with Federal participation under this title may be sold, leased, or otherwise disposed of, except in accordance with part 200 of title 2, Code of Federal Regulations. ``(B) The Federal share of any proceeds from a disposition referred to in subparagraph (A) shall be used for eligible purposes under this title.''. SEC. 1113. HIGHWAY SAFETY IMPROVEMENT PROGRAM. (a) In General.--Section 148 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4)(B)-- (i) in the matter preceding clause (i), by striking ``includes, but is not limited to,'' and inserting ``only includes''; and (ii) by adding at the end the following: ``(xxv) Installation of vehicle-to- infrastructure communication equipment. ``(xxvi) Pedestrian hybrid beacons. ``(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands. ``(xxviii) A physical infrastructure safety project not described in clauses (i) through (xxvii).''; (B) by striking paragraph (10); and (C) by redesignating paragraphs (11) through (13) as paragraphs (10) through (12), respectively; (2) in subsection (c)(1)(A) by striking ``subsections (a)(12)'' and inserting ``subsections (a)(11)''; (3) in subsection (d)(2)(B)(i) by striking ``subsection (a)(12)'' and inserting ``subsection (a)(11)''; and (4) by adding at the end the following: ``(k) Data Collection on Unpaved Public Roads.-- ``(1) In general.--A State may elect not to collect fundamental data elements for the model inventory of roadway elements on public roads that are gravel roads or otherwise unpaved if-- ``(A) the State does not use funds provided to carry out this section for a project on any such roads until the State completes a collection of the required model inventory of roadway elements for the applicable road segment; and ``(B) the State demonstrates that the State consulted with affected Indian tribes before ceasing to collect data with respect to such roads that are included in the National Tribal Transportation Facility Inventory under section 202(b)(1) of this title. ``(2) Rule of construction.--Nothing in this subsection may be construed to allow a State to cease data collection related to serious injuries or fatalities.''. [[Page 129 STAT. 1348]] (b) Commercial Motor Vehicle Safety Best Practices.-- (1) Review.--The Secretary shall conduct a review of best practices with respect to the implementation of roadway safety infrastructure improvements that-- (A) are cost effective; and (B) reduce the number or severity of accidents involving commercial motor vehicles. (2) Consultation.--In conducting the review under paragraph (1), the Secretary shall consult with State transportation departments and units of local government. (3) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the results of the review conducted under paragraph (1). SEC. 1114. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGR