Signed Legislation: Surface Transportation Reauthorization and Reform Act of 2015 (Part XI)

Read part I of  Surface Transportation Reauthorization and Reform Act of 2015

SEC. 1433. USE OF DURABLE, RESILIENT, AND SUSTAINABLE MATERIALS AND PRACTICES.

To the extent practicable, the Secretary shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies, in carrying out the activities of the Federal Highway Administration.

SEC. 1434. STRATEGY TO ADDRESS STRUCTURALLY DEFICIENT BRIDGES.

The Secretary shall develop a comprehensive strategy to address structurally deficient and functionally obsolete bridges, as defined by the National Bridge Inventory, to identify the unique challenges posed by bridges in each of these respective categories, and to address such separate challenges and improve the condition of such bridges. Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit a report containing initial recommendations to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Not later than 1 year after such date of enactment, the Secretary shall transmit to such committees the final strategy required by this section.

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SEC. 1435. SENSE OF CONGRESS.

It is the sense of Congress that the Nation's engineering industry continues to provide critical technical expertise, innovation, and local knowledge to Federal and State agencies in order to efficiently deliver surface transportation projects to the public, and Congress recognizes the valuable contributions made by the Nation's engineering industry and urges the Secretary to reinforce those partnerships by encouraging State and local agencies to take full advantage of engineering industry capabilities to strengthen project performance, improve domestic competitiveness, and create jobs.

SEC. 1436. IDENTIFICATION OF ROADSIDE HIGHWAY SAFETY HARDWARE DEVICES.

(a) Study- The Secretary shall conduct a study on methods for identifying roadside highway safety hardware devices to improve the data collected on the devices, as necessary for in-service evaluation of the devices.

(b) Contents- In conducting the study, the Secretary shall evaluate identification methods based on the ability of the method to--

(1) convey information on the devices, including manufacturing date, factory of origin, product brand, and model;

(2) withstand roadside conditions; and

(3) connect to State and regional inventories of similar devices.

(c) Identification Methods- The identification methods to be studied under this section include stamped serial numbers, radio-frequency identification, and such other methods as the Secretary determines appropriate.

(d) Report to Congress- Not later than January 1, 2018, the Secretary shall submit to Congress a report on the results of the study.

SEC. 1437. USE OF MODELING AND SIMULATION TECHNOLOGY.

It is the sense of Congress that the Department should utilize, to the fullest and most economically feasible extent practicable, modeling and simulation technology to analyze highway and public transportation projects authorized by this Act to ensure that these projects--

(1) will increase transportation capacity and safety, alleviate congestion, and reduce travel time and environmental impacts; and

(2) are as cost effective as practicable.

SEC. 1438. NATIONAL ADVISORY COMMITTEE ON TRAVEL AND TOURISM INFRASTRUCTURE.

(a) Findings- Congress finds that--

(1) 1 out of every 9 jobs in the United States depends on travel and tourism, and the industry supports 15,000,000 jobs in the United States;

(2) the travel and tourism industry employs individuals in all 50 States, the District of Columbia, and all of the territories of the United States;

(3) international travel to the United States is the single largest export industry in the Nation, generating a trade surplus balance of approximately $74,000,000,000;

(4) travel and tourism provide significant economic benefits to the United States by generating nearly $2,100,000,000,000 in annual economic output; and

(5) the United States intermodal transportation network facilitates the large-scale movement of business and leisure travelers, and is the most important asset of the travel industry.

(b) Establishment- Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory committee to be known as the National Advisory Committee on Travel and Tourism Infrastructure (in this section referred to as the `Committee') to provide information, advice, and recommendations to the Secretary on matters relating to the role of intermodal transportation in facilitating mobility related to travel and tourism activities.

(c) Membership- The Committee shall--

(1) be composed of members appointed by the Secretary for terms of not more than 3 years; and

(2) include a representative cross-section of public and private sector stakeholders involved in the travel and tourism industry, including representatives of--

(A) the travel and tourism industry, product and service providers, and travel and tourism-related associations;

(B) travel, tourism, and destination marketing organizations;

(C) the travel and tourism-related workforce;

(D) State tourism offices;

(E) Sate departments of transportation;

(F) regional and metropolitan planning organizations; and

(G) local governments.

(d) Role of Committee- The Committee shall--

(1) advise the Secretary on current and emerging priorities, issues, projects, and funding needs related to the use of the Nation's intermodal transportation network to facilitate travel and tourism;

(2) serve as a forum for discussion for travel and tourism stakeholders on transportation issues affecting interstate and interregional mobility of passengers;

(3) promote the sharing of information between the private and public sectors on transportation issues impacting travel and tourism;

(4) gather information, develop technical advise, and make recommendations to the Secretary on policies that improve the condition and performance of an integrated national transportation system that is safe, economical, and efficient, and that maximizes the benefits to the Nation generated through the United States travel and tourism industry;

(5) identify critical transportation facilities and corridors that facilitate and support the interstate and interregional transportation of passengers for tourism, commercial, and recreational activities;

(6) provide for development of measures of condition, safety, and performance for transportation related to travel and tourism;

(7) provide for development of transportation investment, data, and planning tools to assist Federal, State, and local officials in making investment decisions relating to transportation projects that improve travel and tourism; and

(8) address other issues of transportation policy and programs impacting the movement of travelers for tourism and recreational purposes, including by making legislative recommendations.

(e) National Travel and Tourism Infrastructure Strategic Plan-

(1) INITIAL DEVELOPMENT OF NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN- Not later than 3 years after the date of enactment of this act, the Secretary shall, in consultation with the Committee, State departments of transportation, and other appropriate public and private transportation stakeholders, develop and post on the Department's public Internet Web site a national travel and tourism infrastructure strategic plan that includes--

(A) an assessment of the condition and performance of the national transportation network;

(B) an identification of the issues on the national transportation network that create significant congestion problems and barriers to long-haul passenger travel and tourism,

(C) forecasts of long-haul passenger travel and tourism volumes for the 20-year period beginning in the year during which the plan is issued;

(D) an identification of the major transportation facilities and corridors for current and forecasted long-haul travel and tourism volumes, the identification of which shall be revised, as appropriate, in subsequent plans;

(E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved long-haul passenger travel performance (including opportunities for overcoming the barriers);

(F) best practices for improving the performance of the national transportation network; and

(G) strategies to improve intermodal connectivity for long-haul passenger travel and tourism.

SEC. 1439. REGULATION OF MOTOR CARRIERS OF PROPERTY.

Section 14501(c)(2)(C) of title 49, United States Code, is amended by striking `the price of' and all that follows through `transportation is' and inserting `the regulation of tow truck operations'.

SEC. 1440. EMERGENCY EXEMPTIONS.

Any road, highway, railway, bridge, or transit facility that is damaged by an emergency that is declared by the Governor of the State and concurred in by the Secretary of Homeland Security or declared as an emergency by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and that is in operation or under construction on the date on which the emergency occurs--

(1) may be reconstructed in the same location with the same capacity, dimensions, and design as before the emergency; and

(2) shall be exempt from any environmental reviews, approvals, licensing, and permit requirements under--

(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B) sections 402 and 404 of the Federal Water Pollution Control Act (33 U.S.C. 1342, 1344);

(C) division A of subtitle III of title 54, United States Code;

(D) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);

(E) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.);

(F) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);

(G) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), except when the reconstruction occurs in designated critical habitat for threatened and endangered species;

(H) Executive Order 11990 (42 U.S.C. 4321 note; relating to the protection of wetland); and

(I) any Federal law (including regulations) requiring no net loss of wetland.

SEC. 1441. PROGRAM TO ASSIST VETERANS TO ACQUIRE COMMERCIAL DRIVER'S LICENSES.

Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Defense, shall fully implement the recommendations contained in the report submitted under section 32308 of MAP-21 (49 U.S.C. 31301 note).

SEC. 1442. OPERATION OF CERTAIN SPECIALIZED VEHICLES ON CERTAIN HIGHWAYS IN THE STATE OF ARKANSAS.

If any segment of United States Route 63 between the exits for highways 14 and 75 in the State of Arkansas is designated as part of the Interstate System, the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits under section 127(a) of title 23, United States Code, and the width limitation under section 31113(a) of title 49, United States Code, shall not apply to that segment with respect to the operation of any vehicle that may have legally operated on that segment before the date of the designation.

SEC. 1443. PROJECTS FOR PUBLIC SAFETY RELATING TO IDLING TRAINS.

Section 130(a) of title 23, United States Code, is amended by striking `and the relocation of highways to eliminate grade crossings' and inserting `the relocation of highways to eliminate grade crossings, and projects to eliminate hazards posed by blocked grade crossings due to idling trains'.

SEC. 1444. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN WELDING TRUCKS USED IN PIPELINE INDUSTRY.

(a) Covered Motor Vehicle Defined- In this section, the term `covered motor vehicle' means a motor vehicle that--

(1) is traveling in the State in which the vehicle is registered or another State;

(2) is owned by a welder;

(3) is a pick-up style truck;

(4) is equipped with a welding rig that is used in the construction or maintenance of pipelines; and

(5) has a gross vehicle weight and combination weight rating and weight of 15,000 pounds or less.

(b) Federal Requirements- A covered motor vehicle, including the individual operating such vehicle and the employer of such individual, shall be exempt from the following:

(1) Any requirement relating to registration as a motor carrier, including the requirement to obtain and display a Department of Transportation number, established under chapters 139 and 311 of title 49, United States Code.

(2) Any requirement relating to driver qualifications established under chapter 311 of title 49, United States Code.

(3) Any requirement relating to driving of commercial motor vehicles established under chapter 311 of title 49, United States Code.

(4) Any requirement relating to parts and accessories and inspection, repair, and maintenance of commercial motor vehicles established under chapter 311 of title 49, United States Code.

(5) Any requirement relating to hours of service of drivers, including maximum driving and on duty time, established under chapter 315 of title 49, United States Code.

SEC. 1445. WAIVER.

(a) In General- The Secretary shall waive, for a covered logging vehicle, the application of any vehicle weight limit established under section 127 of title 23, United States Code.

(b) Covered Logging Vehicle Defined- In this section, the term `covered logging vehicle' means a vehicle that--

(1) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips;

(2) has a gross vehicle weight of not more than 99,000 pounds;

(3) has not less than 6 axles; and

(4) is operating on a segment of Interstate Route 35 in Minnesota from mile marker 235.4 to mile marker 259.552.

SEC. 1446. FEDERAL AUTHORITY.

(a) In General- Section 14501(c) of title 49, United States Code, is amended--

(1) in paragraph (1), by striking `paragraphs (2) and (3)' and inserting `paragraphs (3) and (4)';

(2) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6) respectively;

(3) by inserting after paragraph (1) the following:

`(2) ADDITIONAL LIMITATIONS-

`(A) A State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law prohibiting employees whose hours of service are subject to regulation by the Secretary under section 31502 from working to the full extent permitted or at such times as permitted under such section, or imposing any additional obligations on motor carriers if such employees work to the full extent or at such times as permitted under such section, including any related activities regulated under part 395 of title 49, Code of Federal Regulations.

`(B) A State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law that requires a motor carrier that compensates employees on a piece-rate basis to pay those employees separate or additional compensation, provided that the motor carrier pays the employee a total sum that when divided by the total number of hours worked during the corresponding work period is equal to or greater than the applicable hourly minimum wage of the State, political subdivision of the State, or political authority of 2 or more States.

`(C) Nothing in this paragraph shall be construed to limit the provisions of paragraph (1).'.

(4) in paragraph (3) (as redesignated) by striking `Paragraph (1)--' and inserting `Paragraphs (1) and (2)--'; and

(5) in paragraph (4)(A) (as redesignated) by striking `Paragraph (1)' and inserting `Paragraphs (1) and (2)'.

(b) Effective Date- The amendments made by this section shall have the force and effect as if enacted on the date of enactment of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103-305).

TITLE II--INNOVATIVE PROJECT FINANCE

SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 1998 AMENDMENTS.

(a) Definitions-

(1) MASTER CREDIT AGREEMENT- Section 601(a)(10) of title 23, United States Code, is amended to read as follows:

`(10) MASTER CREDIT AGREEMENT- The term `master credit agreement' means a conditional agreement to extend credit assistance for a program of related projects secured by a common security pledge (which shall receive an investment grade rating from a rating agency prior to the Secretary entering into such master credit agreement) under section 602(b)(2)(A), or for a single project covered under section 602(b)(2)(B) that does not provide for a current obligation of Federal funds, and that would--

`(A) make contingent commitments of 1 or more secured loans or other Federal credit instruments at future dates, subject to the availability of future funds being made available to carry out this chapter and subject to the satisfaction of all the conditions for the provision of credit assistance under this chapter, including section 603(b)(1);

`(B) establish the maximum amounts and general terms and conditions of the secured loans or other Federal credit instruments;

`(C) identify the 1 or more dedicated non-Federal revenue sources that will secure the repayment of the secured loans or secured Federal credit instruments;

`(D) provide for the obligation of funds for the secured loans or secured Federal credit instruments after all requirements have been met for the projects subject to the master credit agreement, including--

`(i) completion of an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

`(ii) compliance with such other requirements as are specified in this chapter, including sections 602(c) and 603(b)(1); and

`(iii) the availability of funds to carry out this chapter; and

`(E) require that contingent commitments result in a financial close and obligation of credit assistance not later than 3 years after the date of entry into the master credit agreement, or release of the commitment, unless otherwise extended by the Secretary.'.

(2) RURAL INFRASTRUCTURE PROJECT- Section 601(a)(15) of title 23, United States Code, is amended to read as follows:

`(15) RURAL INFRASTRUCTURE PROJECT- The term `rural infrastructure project' means a surface transportation infrastructure project located outside of a Census-Bureau-defined urbanized area.'.

(b) Master Credit Agreements- Section 602(b)(2) of title 23, United States Code is amended to read as follows:

`(2) MASTER CREDIT AGREEMENTS-

`(A) PROGRAM OF RELATED PROJECTS- The Secretary may enter into a master credit agreement for a program of related projects secured by a common security pledge on terms acceptable to the Secretary.

`(B) ADEQUATE FUNDING NOT AVAILABLE- If the Secretary fully obligates funding to eligible projects in a fiscal year, and adequate funding is not available to fund a credit instrument, a project sponsor of an eligible project may elect to enter into a master credit agreement and wait to execute a credit instrument until the fiscal year during which additional funds are available to receive credit assistance.'.

(c) Eligible Project Costs- Section 602(a)(5) of title 23, United States Code, is amended--

(1) in subparagraph (A) by inserting `and (C)' after `(B)'; and

(2) by adding at the end the following:

`(C) LOCAL INFRASTRUCTURE PROJECTS- Eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000 in the case of a project or program of projects--

`(i) in which the applicant is a local government, public authority, or instrumentality of local government;

`(ii) located on a facility owned by a local government; or

`(iii) for which the Secretary determines that a local government is substantially involved in the development of the project.'.

(d) Limitation on Refinancing of Interim Construction Financing- Section 603(a)(2) of title 23, United States Code, is amended to read as follows:

`(2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION FINANCING- A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B)--

`(A) if the maturity of such interim construction financing is later than 1 year after the substantial completion of the project; and

`(B) later than 1 year after the date of substantial completion of the project.'.

(e) Funding- Section 608(a) of title 23, United States Code, is amended--

(1) by striking paragraph (4); and

(2) by striking paragraph (6) and inserting the following:

`(6) ADMINISTRATIVE COSTS- Of the amounts made available to carry out this chapter, the Secretary may use not more than $5,000,000 for fiscal year 2016, $5,150,000 for fiscal year 2017, $5,304,500 for fiscal year 2018, $5,463,500 for fiscal year 2019, $5,627,500 for fiscal year 2020, and $5,760,500 for fiscal year 2021 for the administration of this chapter.'.

SEC. 2002. STATE INFRASTRUCTURE BANK PROGRAM.

Section 610 of title 23, United States Code, is amended--

(1) in subsection (d)--

(A) in paragraph (1) by striking subparagraph (A) and inserting the following:

`(A) 10 percent of the funds apportioned to the State for each of fiscal years 2016 through 2021 under each of sections 104(b)(1) and 104(b)(2); and';

(B) in paragraph (2) by striking `fiscal years 2005 through 2009' and inserting `fiscal years 2016 through 2021';

(C) in paragraph (3) by striking `fiscal years 2005 through 2009' and inserting `fiscal years 2016 through 2021'; and

(D) in paragraph (5) by striking `section 133(d)(3)' and inserting `section 133(d)(1)(A)(i)'; and

(2) in subsection (k) by striking `fiscal years 2005 through 2009' and inserting `fiscal years 2016 through 2021'.

SEC. 2003. AVAILABILITY PAYMENT CONCESSION MODEL.

(a) Payment to States for Construction- Section 121(a) of title 23, United States Code, is amended by inserting `(including payments made pursuant to a long-term concession agreement, such as availability payments)' after `a project'.

(b) Project Approval and Oversight- Section 106(b)(1) of title 23, United States Code, is amended by inserting `(including payments made pursuant to a long-term concession agreement, such as availability payments)' after `construction of the project'.

SEC. 2004. STREAMLINED APPLICATION PROCESS.

Section 603 of title 23, United States Code, is amended by adding at the end the following:

`(f) Streamlined Application Process-

`(1) IN GENERAL- Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, the Secretary shall make available an expedited application process or processes available at the request of entities seeking secured loans under this chapter that use a set or sets of conventional terms established pursuant to this section.

`(2) TERMS- In establishing the streamlined application process required by this subsection, the Secretary may include terms commonly included in prior credit agreements and allow for an expedited application period, including--

`(A) the secured loan is in an amount of not greater than $100,000,000;

`(B) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge, tax increment financing, or a system-backed pledge of project revenues; and

`(C) repayment of the loan commence not later than 5 years after disbursement.'.

TITLE III--PUBLIC TRANSPORTATION

SEC. 3001. SHORT TITLE.

This title may be cited as the `Federal Public Transportation Act of 2015'.

SEC. 3002. DEFINITIONS.

Section 5302 of title 49, United States Code, is amended--

(1) in paragraph (1)(C) by striking `landscaping and';

(2) by amending paragraph (3)(I) to read as follows:

`(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts--

`(i) not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311; or

`(ii) not to exceed 20 percent of such recipient's annual formula apportionment under sections 5307 and 5311, if consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient meets at least one of the following requirements:

`(I) Provides an active fixed route travel training program that is available for riders with disabilities.

`(II) Provides that all fixed route and paratransit operators participate in a passenger safety, disability awareness, and sensitivity training class on at least a biennial basis.

`(III) Has memoranda of understanding in place with employers and American Job Centers to increase access to employment opportunities for people with disabilities.'; and

(3) by adding at the end the following:

`(24) VALUE CAPTURE- The term `value capture' means recovering the increased property value to property located near public transportation resulting from investments in public transportation.

`(25) BASE-MODEL BUS- The term `base-model bus' means a heavy-duty public transportation bus manufactured to meet, but not exceed, transit-specific minimum performance criteria developed by the Secretary.'.

SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION PLANNING.

(a) In General- Section 5303 of title 49, United States Code, is amended--

(1) in subsection (c)(2) by striking `and bicycle transportation facilities' and inserting `, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities';

(2) in subsection (d)--

(A) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and

(B) by inserting after paragraph (2) the following:

`(3) REPRESENTATION-

`(A) IN GENERAL- Designation or selection of officials or representatives under paragraph (2) shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization.

`(B) PUBLIC TRANSPORTATION REPRESENTATIVE- Subject to the bylaws or enabling statute of the metropolitan planning organization, a representative of a provider of public transportation may also serve as a representative of a local municipality.

`(C) POWERS OF CERTAIN OFFICIALS- An official described in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensurate with other officials described in paragraph (2).'; and

(C) in paragraph (5), as so redesignated, by striking `paragraph (5)' and inserting `paragraph (6)';

(3) in subsection (e)(4)(B) by striking `subsection (d)(5)' and inserting `subsection (d)(6)';

(4) in subsection (g)(3)(A) by inserting `tourism, natural disaster risk reduction,' after `economic development,';

(5) in subsection (h)(1)--

(A) in subparagraph (G) by striking `and' at the end;

(B) in subparagraph (H) by striking the period at the end and inserting `; and'; and

(C) by adding at the end the following:

`(I) improve the resilience and reliability of the transportation system.';

(6) in subsection (i)--

(A) in paragraph (2)(A)(i) by striking `transit' and inserting `public transportation facilities, intercity bus facilities';

(B) in paragraph (6)(A)--

(i) by inserting `public ports,' before `freight shippers,'; and

(ii) by inserting `(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)' after `private providers of transportation'; and

(C) in paragraph (8) by striking `paragraph (2)(C)' each place it appears and inserting `paragraph (2)(E)';

(7) in subsection (k)(3)--

(A) in subparagraph (A) by inserting `(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects,' after `reduction'; and

(B) by adding at the end the following:

`(C) CONGESTION MANAGEMENT PLAN- A metropolitan planning organization with a transportation management area may develop a plan that includes projects and strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall--

`(i) develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households;

`(ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and

`(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities.

`(D) PARTICIPATION- In developing the plan under subparagraph (C), a metropolitan planning organization shall consult with employers, private and non-profit providers of public transportation, transportation management organizations, and organizations that provide job access reverse commute projects or job-related services to low-income individuals.';

(8) in subsection (l)--

(A) by adding a period at the end of paragraph (1); and

(B) in paragraph (2)(D) by striking `of less than 200,000' and inserting `with a population of 200,000 or less'; and

(9) in subsection (p) by striking `Funds set aside under section 104(f)' and inserting `Funds apportioned under section 104(b)(5)'.

(b) Statewide and Nonmetropolitan Transportation Planning- Section 5304 of title 49, United States Code, is amended--

(1) in subsection (a)(2) by striking `and bicycle transportation facilities' and inserting `, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities';

(2) in subsection (d)--

(A) in paragraph (1)--

(i) in subparagraph (G) by striking `and' at the end;

(ii) in subparagraph (H) by striking the period at the end and inserting `; and'; and

(iii) by adding at the end the following:

`(I) improve the resilience and reliability of the transportation system.'; and

(B) in paragraph (2)--

(i) in subparagraph (B)(ii) by striking `urbanized'; and

(ii) in subparagraph (C) by striking `urbanized'; and

(3) in subsection (f)(3)(A)(ii)--

(A) by inserting `public ports,' before `freight shippers,'; and

(B) by inserting `(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)' after `private providers of transportation'.

SEC. 3004. URBANIZED AREA FORMULA GRANTS.

Section 5307 of title 49, United States Code, is amended--

(1) in subsection (a)--

(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;

(B) by inserting before paragraph (2) (as so redesignated) the following:

`(1) RECIPIENT DEFINED- In this section, the term `recipient' means a designated recipient, State, or local governmental authority that receives a grant under this section directly from the Government.';

(C) in paragraph (3) (as so redesignated) by inserting `or demand response service, excluding ADA complementary paratransit service,' before `during' each place it appears; and

(D) by adding at the end the following:

`(4) EXCEPTION TO THE SPECIAL RULE- Notwithstanding paragraph (3), if a public transportation system described in such paragraph executes a written agreement with 1 or more other public transportation systems to allocate funds under this subsection, other than by measuring vehicle revenue hours, each of the public transportation systems to the agreement may follow the terms of such agreement without regard to the percentages or the measured vehicle revenue hours referred to in such paragraph.'; and

(2) in subsection (c)(1)(K)(i) by striking `1 percent' and inserting `one-half of 1 percent'.

SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

Section 5309 of title 49, United States Code, is amended--

(1) in subsection (a)(6)--

(A) in subparagraph (A) by inserting `, small start projects,' after `new fixed guideway capital projects'; and

(B) by striking subparagraph (B) and inserting the following:

`(B) 2 or more projects that are any combination of new fixed guideway capital projects, small start projects, and core capacity improvement projects.';

(2) in subsection (h)(6)--

(A) by striking `In carrying out' and inserting the following:

`(A) IN GENERAL- In carrying out'; and

(B) by adding at the end the following:

`(B) OPTIONAL EARLY RATING- At the request of the project sponsor, the Secretary shall evaluate and rate the project in accordance with paragraphs (4) and (5) and subparagraph (A) of this paragraph upon completion of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).';

(3) in subsection (i)--

(A) in paragraph (1) by striking `subsection (d) or (e)' and inserting `subsection (d), (e), or (h)';

(B) in paragraph (2)--

(i) in the matter preceding subparagraph (A) by inserting `new fixed guideway capital project or core capacity improvement' after `federally funded';

(ii) by striking subparagraph (D) and inserting the following:

`(D) the program of interrelated projects, when evaluated as a whole--

`(i) meets the requirements of subsection (d)(2), subsection (e)(2), or paragraphs (3) and (4) of subsection (h), as applicable, if the program is comprised entirely of--

`(I) new fixed guideway capital projects;

`(II) core capacity improvement projects; or

`(III) small start projects; or

`(ii) meets the requirements of subsection (d)(2) if the program is comprised of any combination of new fixed guideway projects, small start projects, and core capacity improvement projects.';

(C) by striking paragraph (3)(A) and inserting the following:

`(A) PROJECT ADVANCEMENT- A project receiving a grant under this section that is part of a program of interrelated projects may not advance--

`(i) in the case of a small start project, from the project development phase to the construction phase unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements; or

`(ii) in the case of a new fixed guideway capital project or a core capacity improvement project, from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements.';

(4) in subsection (l)--

(A) by striking paragraph (1) and inserting the following:

`(1) IN GENERAL- Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net capital project cost. A grant for a new fixed guideway project shall not exceed 80 percent of the net capital project cost. A full funding grant agreement for a new fixed guideway project shall not include a share of more than 50 percent from the funds made available under this section. Funds made available under section 133 of title 23, United States Code, may not be used for a grant agreement under subsection (d). A grant for a core capacity project shall not exceed 80 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor. A grant for a small start project shall not exceed 80 percent of the net capital project costs.'; and

(B) by striking paragraph (4) and inserting the following:

`(4) REMAINING COSTS- The remainder of the net project costs shall be provided--

`(A) in cash from non-Government sources other than revenues from providing public transportation services;

`(B) from revenues from the sale of advertising and concessions;

`(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; or

`(D) from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.';

(5) by striking subsection (n) and redesignating subsection (o) as subsection (n); and

(6) by adding at the end the following:

`(o) Special Rule- For the purposes of calculating the cost effectiveness of a project described in subsection (d) or (e), the Secretary shall not reduce or eliminate the capital costs of art and landscaping elements from the annualized capital cost calculation.'.

SEC. 3006. FORMULA GRANTS FOR ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES.

Section 5310 of title 49, United States Code, is amended by adding at the end the following:

`(i) Best Practices- The Secretary shall collect from, review, and disseminate to public transit agencies innovative practices, program models, new service delivery options, findings from activities under subsection (h), and transit cooperative research program reports.'.

SEC. 3007. FORMULA GRANTS FOR RURAL AREAS.

Section 5311(g)(3) of title 49, United States Code, is amended--

(1) by redesignating subparagraphs (A) through (D) as subparagraphs (C) through (F), respectively;

(2) by inserting before subparagraph (C) (as so redesignated) the following:

`(A) may be provided in cash from non-Government sources other than revenues from providing public transportation services;

`(B) may be provided from revenues from the sale of advertising and concessions;'; and

(3) in subparagraph (F) (as so redesignated) by inserting `, including all operating and capital costs of such service whether or not offset by revenue from such service,' after `the costs of a private operator for the unsubsidized segment of intercity bus service'.

SEC. 3008. PUBLIC TRANSPORTATION INNOVATION.

(a) Consolidation of Programs- Section 5312 of title 49, United States Code, is amended--

(1) by striking the section designation and heading and inserting the following:

`Sec. 5312. Public transportation innovation';

(2) by redesignating subsections (a) through (f) as subsections (b) through (g), respectively;

(3) by inserting before subsection (b) (as so redesignated) the following:

`(a) In General- The Secretary shall provide assistance for projects and activities to advance innovative public transportation research and development in accordance with the requirements of this section.';

(4) in subsection (e)(5) (as so redesignated)--

(A) in subparagraph (A) by striking clause (vi) and redesignating clause (vii) as clause (vi);

(B) in subparagraph (B) by striking `recipients' and inserting `participants';

(C) in subparagraph (C) by striking clause (ii) and inserting the following:

`(ii) GOVERNMENT SHARE OF COSTS FOR CERTAIN PROJECTS- A grant for a project carried out under this paragraph shall be 80 percent of the net project cost of the project unless the grant recipient requests a lower grant percentage.'; and

(D) by striking subparagraph (G);

(5) in subsection (f) (as so redesignated)--

(A) by striking `(f)' and all that follows before paragraph (1) and inserting the following:

`(f) Annual Report on Research- Not later than the first Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes--';

(B) in paragraph (1) by adding `and' at the end;

(C) in paragraph (2) by striking `; and' and inserting a period; and

(D) by striking paragraph (3); and

(6) by adding at the end the following:

`(h) Transit Cooperative Research Program-

`(1) IN GENERAL- The amounts made available under section 5338(b) are available for a public transportation cooperative research program.

`(2) INDEPENDENT GOVERNING BOARD-

`(A) ESTABLISHMENT- The Secretary shall establish an independent governing board for the program under this subsection.

`(B) RECOMMENDATIONS- The board shall recommend public transportation research, development, and technology transfer activities the Secretary considers appropriate.

`(3) FEDERAL ASSISTANCE- The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out activities under this subsection that the Secretary considers appropriate.

`(4) Government'S SHARE- If there would be a clear and direct financial benefit to an entity under a grant or contract financed under this subsection, the Secretary shall establish a Government share consistent with that benefit.

`(5) LIMITATION ON APPLICABILITY- Subsections (f) and (g) shall not apply to activities carried out under this subsection.'.

(b) Conforming Amendments- Section 5312 of such title (as amended by subsection (a) of this section) is further amended--

(1) in subsection (c)(1) by striking `subsection (a)(2)' and inserting `subsection (b)(2)';

(2) in subsection (d)--

(A) in paragraph (1) by striking `subsection (a)(2)' and inserting `subsection (b)(2)'; and

(B) in paragraph (2)(A) by striking `subsection (b)' and inserting `subsection (c)';

(3) in subsection (e)(2) in each of subparagraphs (A) and (B) by striking `subsection (a)(2)' and inserting `subsection (b)(2)'; and

(4) in subsection (f)(2) by striking `subsection (d)(4)' and inserting `subsection (e)(4)'.

(c) Repeal- Section 5313 of such title, and the item relating to that section in the analysis for chapter 53 of such title, are repealed.

(d) Clerical Amendment- The analysis for chapter 53 of such title is amended by striking the item relating to section 5312 and inserting the following:

`5312. Public transportation innovation.'.

SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.

(a) In General- Section 5314 of title 49, United States Code, is amended to read as follows:

`Sec. 5314. Technical assistance and workforce development

`(a) Technical Assistance and Standards-

`(1) TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT-

`(A) IN GENERAL- The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) to carry out activities that the Secretary determines will assist recipients of assistance under this chapter to--

`(i) more effectively and efficiently provide public transportation service;

`(ii) administer funds received under this chapter in compliance with Federal law; and

`(iii) improve public transportation.

`(B) ELIGIBLE ACTIVITIES- The activities carried out under subparagraph (A) may include--

`(i) technical assistance; and

`(ii) the development of voluntary and consensus-based standards and best practices by the public transportation industry, including standards and best practices for safety, fare collection, intelligent transportation systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle propulsion, communications, and vehicle electronics.

`(2) TECHNICAL ASSISTANCE- The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations that have the appropriate demonstrated capacity to provide public-transportation-related technical assistance under this subsection. The Secretary may enter into such contracts, cooperative agreements, and other agreements to assist providers of public transportation to--

`(A) comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) through technical assistance, demonstration programs, research, public education, and other activities related to complying with such Act;

`(B) comply with human services transportation coordination requirements and to enhance the coordination of Federal resources for human services transportation with those of the Department of Transportation through technical assistance, training, and support services related to complying with such requirements;

`(C) meet the transportation needs of elderly individuals;

`(D) increase transit ridership in coordination with metropolitan planning organizations and other entities through development around public transportation stations through technical assistance and the development of tools, guidance, and analysis related to market-based development around transit stations;

`(E) address transportation equity with regard to the effect that transportation planning, investment, and operations have for low-income and minority individuals;

`(F) facilitate best practices to promote bus driver safety;

`(G) meet the requirements of sections 5323(j) and 5323(m);

`(H) assist with the development and deployment of zero emission transit technologies; and

`(I) any other technical assistance activity that the Secretary determines is necessary to advance the interests of public transportation.

`(3) ANNUAL REPORT ON TECHNICAL ASSISTANCE- Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a report that includes--

`(A) a description of each project that received assistance under this subsection during the preceding fiscal year;

`(B) an evaluation of the activities carried out by each organization that received assistance under this subsection during the preceding fiscal year;

`(C) a proposal for allocations of amounts for assistance under this subsection for the subsequent fiscal year; and

`(D) measurable outcomes and impacts of the programs funded under subsections (b) and (c).

`(4) GOVERNMENT SHARE OF COSTS-

`(A) IN GENERAL- The Government share of the cost of an activity carried out using a grant under this subsection may not exceed 80 percent.

`(B) NON-GOVERNMENT SHARE- The non-Government share of the cost of an activity carried out using a grant under this subsection may be derived from in-kind contributions.

`(b) Human Resources and Training-

`(1) IN GENERAL- The Secretary may undertake, or make grants and contracts for, programs that address human resource needs as they apply to public transportation activities. A program may include--

`(A) an employment training program;

`(B) an outreach program to increase veteran, female, individual with a disability, minority (including American Indian or Alaska Native, Asian, Black or African American, native Hawaiian or other Pacific Islander, and Hispanic) employment in public transportation activities;

`(C) research on public transportation personnel and training needs;

`(D) training and assistance for veteran and minority business opportunities; and

`(E) consensus-based national training standards and certifications in partnership with industry stakeholders.

`(2) INNOVATIVE PUBLIC TRANSPORTATION FRONTLINE WORKFORCE DEVELOPMENT PROGRAM-

`(A) IN GENERAL- The Secretary shall establish a competitive grant program to assist the development of innovative activities eligible for assistance under subparagraph (1).

`(B) ELIGIBLE PROGRAMS- A program eligible for assistance under subsection (a) shall--

`(i) develop apprenticeships for transit maintenance and operations occupations, including hands-on, peer trainer, classroom and on-the-job training as well as training for instructors and on-the-job mentors;

`(ii) build local, regional, and statewide transit training partnerships in coordination with entities such as local employers, local public transportation operators, labor union organizations, workforce development boards, State workforce agencies, State apprenticeship agencies (where applicable), and community colleges and university transportation centers, to identify and address workforce skill gaps and develop skills needed for delivering quality transit service and supporting employee career advancement;

`(iii) provide improved capacity for safety, security, and emergency preparedness in local transit systems through--

`(I) developing the role of the frontline workforce in building and sustaining safety culture and safety systems in the industry and in individual public transportation systems;

`(II) specific training, in coordination with the National Transit Institute, on security and emergency preparedness, including protocols for coordinating with first responders and working with the broader community to address natural disasters or other threats to transit systems; and

`(III) training to address frontline worker roles in promoting health and safety for transit workers and the riding public, and improving communication during emergencies between the frontline workforce and the riding public;

`(iv) address current or projected workforce shortages by developing career pathway partnerships with high schools, community colleges, and other community organizations for recruiting and training underrepresented populations, including minorities, women, individuals with disabilities, veterans, and low-income populations as successful transit employees who can develop careers in the transit industry; or

`(v) address youth unemployment by directing the Secretary to award grants to local entities for work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to provide unemployed, low-income young adults and low-income youth with skills that will lead to employment.

`(C) SELECTION OF RECIPIENTS- To the maximum extent feasible, the Secretary shall select recipients that--

`(i) are geographically diverse;

`(ii) address the workforce and human resources needs of large public transportation providers;

`(iii) address the workforce and human resources needs of small public transportation providers;

`(iv) address the workforce and human resources needs of urban public transportation providers;

`(v) address the workforce and human resources needs of rural public transportation providers;

`(vi) advance training related to maintenance of alternative energy, energy efficiency, or zero emission vehicles and facilities used in public transportation;

`(vii) target areas with high rates of unemployment;

`(viii) address current or projected workforce shortages in areas that require technical expertise;

`(ix) advance opportunities for minorities, women, veterans, individuals with disabilities, low-income populations, and other underserved populations; and

`(x) address in-demand industry sector or occupation, as such term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

`(D) PROGRAM OUTCOMES- A recipient of assistance under this subsection shall demonstrate outcomes for any program that includes skills training, on-the-job training, and work-based learning, including--

`(i) the impact on reducing public transportation workforce shortages in the area served;

`(ii) the diversity of training participants;

`(iii) the number of participants obtaining certifications or credentials required for specific types of employment;

`(iv) the percentage of program participants who are in unsubsidized employment during the second quarter after exit from any such program;

`(v) the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from any such program;

`(vi) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from any such program;

`(vii) the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent, during participation in or within 1 year after exit from any such program; and

`(viii) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment.

`(E) REPORT TO CONGRESS- The Secretary shall make publically available a report on the Frontline Workforce Development Program for each fiscal year, not later than December 31 of the year in which that fiscal year ends. The report shall include a detailed description of activities carried out under this paragraph, an evaluation of the program, and policy recommendations to improve program effectiveness.

`(3) Government'S SHARE OF COSTS- The Government share of the cost of a project carried out using a grant under paragraph (1) or (2) shall be 50 percent.

`(4) USE FOR TECHNICAL ASSISTANCE- The Secretary may use not more than 1 percent of amounts made available to carry out this section to provide technical assistance for activities and programs developed, conducted, and overseen under paragraphs (1) and (2).

`(c) National Transit Institute-

`(1) ESTABLISHMENT- The Secretary shall establish a national transit institute and award grants to a public, 4-year institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), in order to carry out the duties of the institute.

`(2) DUTIES-

`(A) IN GENERAL- In cooperation with the Federal Transit Administration, State transportation departments, public transportation authorities, and national and international entities, the institute established under paragraph (1) shall develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid public transportation work.

`(B) TRAINING AND EDUCATIONAL PROGRAMS- The training and educational programs developed under subparagraph (A) may include courses in recent developments, techniques, and procedures related to--

`(i) intermodal and public transportation planning;

`(ii) management;

`(iii) environmental factors;

`(iv) acquisition and joint-use rights-of-way;

`(v) engineering and architectural design;

`(vi) procurement strategies for public transportation systems;

`(vii) turnkey approaches to delivering public transportation systems;

`(viii) new technologies;

`(ix) emission reduction technologies;

`(x) ways to make public transportation accessible to individuals with disabilities;

`(xi) construction, construction management, insurance, and risk management;

`(xii) maintenance;

`(xiii) contract administration;

`(xiv) inspection;

`(xv) innovative finance;

`(xvi) workplace safety; and

`(xvii) public transportation security.

`(3) PROVIDING EDUCATION AND TRAINING- Education and training of Government, State, and local transportation employees under this subsection shall be provided--

`(A) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or

`(B) when the education and training are paid under paragraph (4), by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute.

`(4) AVAILABILITY OF AMOUNTS- Not more than 0.5 percent of the amounts made available for a fiscal year beginning after September 30, 1991, to a State or public transportation authority in the State to carry out sections 5307 and 5309 is available for expenditure by the State and public transportation authorities in the State, with the approval of the Secretary, to pay not more than 80 percent of the cost of tuition and direct educational expenses related to educating and training State and local transportation employees under this subsection.'.

(b) Repeal- Section 5322 of such title, and the item relating to that section in the analysis for chapter 53 of such title, are repealed.

(c) Clerical Amendment- The analysis for chapter 53 of such title is amended by striking the item relating to section 5314 and inserting the following:

`5314. Technical assistance and workforce development.'.

SEC. 3010. BICYCLE FACILITIES.

Section 5319 of title 49, United States Code, is amended--

(1) by striking `90 percent' and inserting `80 percent'; and

(2) by striking `95 percent' and inserting `80 percent'.

SEC. 3011. GENERAL PROVISIONS.

Section 5323 of title 49, United States Code, is amended--

(1) in subsection (h)--

(A) in paragraph (1) by striking `or' at the end;

(B) by redesignating paragraph (2) as paragraph (3); and

(C) by inserting after paragraph (1) the following:

`(2) pay incremental costs of incorporating art or landscaping into facilities, including the costs of an artist on the design team; or';

(2) in subsection (i) by adding at the end the following:

`(3) ACQUISITION OF BASE-MODEL BUSES- A grant for the acquisition of a base-model bus for use in public transportation may be not more than 85 percent of the net project cost.';

(3) in subsection (j)(2) by striking subparagraph (C) and inserting the following:

`(C) when procuring rolling stock (including train control, communication, and traction power equipment) under this chapter--

`(i) the cost of components and subcomponents produced in the United States--

`(I) for fiscal years 2016 and 2017, is more than 60 percent of the cost of all components of the rolling stock;

`(II) for fiscal years 2018 and 2019, is more than 65 percent of the cost of all components of the rolling stock; and

`(III) for fiscal year 2020 and each fiscal year thereafter, is more than 70 percent of the cost of all components of the rolling stock; and

`(ii) final assembly of the rolling stock has occurred in the United States; or'; and

(4) by adding at the end the following:

`(s) Value Capture Revenue Eligible for Local Share- A recipient of assistance under this chapter may use the revenue generated from value capture financing mechanisms as local matching funds for capital projects and operating costs eligible under this chapter.

`(t) Special Condition on Charter Bus Transportation Service- If, in a fiscal year, the Secretary is prohibited by law from enforcing regulations related to charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency that during fiscal year 2008 was both initially granted a 60-day period to come into compliance with such part 604, and then was subsequently granted an exception from such part--

`(1) the transit agency shall be precluded from receiving its allocation of urbanized area formula grant funds for that fiscal year; and

`(2) any amounts withheld pursuant to paragraph (1) shall be added to the amount that the Secretary may apportion under section 5336 in the following fiscal year.'.

SEC. 3012. PUBLIC TRANSPORTATION SAFETY PROGRAM.

Section 5329 of title 49, United States Code, is amended--

(1) in subsection (b)(2)--

(A) in subparagraph (C) by striking `and' at the end;

(B) by redesignating subparagraph (D) as subparagraph (E); and

(C) by inserting after subparagraph (C) the following:

`(D) minimum safety standards to ensure the safe operation of public transportation systems that--

`(i) are not related to performance standards for public transportation vehicles developed under subparagraph (C); and

`(ii) to the extent practicable, take into consideration--

`(I) relevant recommendations of the National Transportation Safety Board;

`(II) best practices standards developed by the public transportation industry;

`(III) any minimum safety standards or performance criteria being implemented across the public transportation industry;

`(IV) relevant recommendations from the report under section 3018 of the Surface Transportation Reauthorization and Reform Act of 2015; and

`(V) any additional information that the Secretary determines necessary and appropriate; and';

(2) by striking subsection (f) and inserting the following:

`(f) Authority of Secretary-

`(1) IN GENERAL- In carrying out this section, the Secretary may--

`(A) conduct inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock, and operations of the public transportation system of a recipient;

`(B) make reports and issue directives with respect to the safety of the public transportation system of a recipient or the public transportation industry generally;

`(C) in conjunction with an accident investigation or an investigation into a pattern or practice of conduct that negatively affects public safety, issue a subpoena to, and take the deposition of, any employee of a recipient or a State safety oversight agency, if--

`(i) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General as to whether the subpoena will interfere with an ongoing criminal investigation; and

`(ii) the Attorney General--

`(I) determines that the subpoena will not interfere with an ongoing criminal investigation; or

`(II) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under clause (i);

`(D) require the production of documents by, and prescribe recordkeeping and reporting requirements for, a recipient or a State safety oversight agency;

`(E) investigate public transportation accidents and incidents and provide guidance to recipients regarding prevention of accidents and incidents;

`(F) at reasonable times and in a reasonable manner, enter and inspect relevant records of the public transportation system of a recipient; and

`(G) issue rules to carry out this section.

`(2) ADDITIONAL AUTHORITY-

`(A) ADMINISTRATION OF STATE SAFETY OVERSIGHT ACTIVITIES- If the Secretary finds that a State safety oversight agency that oversees a rail fixed guideway system operating in more than 2 States has become incapable of providing adequate safety oversight of such system, the Secretary may administer State safety oversight activities for such rail fixed guideway system until the States develop a State safety oversight program certified by the Secretary in accordance with subsection (e).

`(B) FUNDING- To carry out administrative and oversight activities authorized by this paragraph, the Secretary may use grant funds apportioned to an eligible State under subsection (e)(6) to develop or carry out a State safety oversight program.';

(3) in subsection (g)(1)--

(A) in the matter preceding subparagraph (A) by striking `an eligible State, as defined in subsection (e),' and inserting `a recipient';

(B) in subparagraph (C) by striking `and' at the end;

(C) in subparagraph (D) by striking the period at the end and inserting `; or'; and

(D) by adding at the end the following:

`(E) withholding not more than 25 percent of financial assistance under section 5307.'; and

(4) in subsection (g)(2)--

(A) in subparagraph (A)--

(i) by inserting after `funds' the following: `or withhold funds'; and

(ii) by inserting `or (1)(E)' after `paragraph (1)(D)';

(B) by redesignating subparagraph (B) as subparagraph (C); and

(C) by inserting after subparagraph (A) the following:

`(B) LIMITATION- The Secretary may only withhold funds in accordance with paragraph (1)(E), if enforcement actions under subparagraph (A), (B), (C), or (D) did not bring the recipient into compliance.'.

Read part X of  Surface Transportation Reauthorization and Reform Act of 2015

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