Signed Legislation: Surface Transportation Reauthorization and Reform Act of 2015 (Part 13)

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

SEC. 3020. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC TRANSPORTATION SAFETY PROGRAM INFORMATION.

(a) Study- The Comptroller General shall complete a study to evaluate whether it is in the public interest, including public safety and the legal rights of persons injured in public transportation accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding any plan, report, data, or other information or portion thereof, submitted to, developed, produced, collected, or obtained by the Secretary or the Secretary's representative for purposes of complying with the requirements under section 5329 of chapter 53 of title 49, United States Code, including information related to a recipient's safety plan, safety risks, and mitigation measures.

(b) Input- In conducting the study under subsection (a), the Comptroller General shall solicit input from the public transportation recipients, public transportation nonprofit employee labor organizations, and impacted members of the general public.

(c) Report- Not later than 18 months after the date of enactment of this section, the Comptroller General shall issue a report, with the findings of the study under subsection (a), including any recommendations on statutory changes regarding evidentiary protections that will increase transit safety.

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SEC. 3021. MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES.

(a) Definitions- In this section, the following definitions apply:

(1) ALLOCATED COST MODEL- The term `allocated cost model' means a method of determining the cost of trips by allocating the cost to each trip purpose served by a transportation provider in a manner that is proportional to the level of transportation service that the transportation provider delivers for each trip purpose, to the extent permitted by applicable Federal laws.

(2) COUNCIL- The term `Council' means the Interagency Transportation Coordinating Council on Access and Mobility established under Executive Order No. 13330 (49 U.S.C. 101 note).

(b) Strategic Plan- Not later than 1 year after the date of enactment of this Act, the Council shall publish a strategic plan for the Council that--

(1) outlines the role and responsibilities of each Federal agency with respect to local transportation coordination, including nonemergency medical transportation;

(2) identifies a strategy to strengthen interagency collaboration;

(3) addresses any outstanding recommendations made by the Council in the 2005 Report to the President relating to the implementation of Executive Order No. 13330, including--

(A) a cost-sharing policy endorsed by the Council; and

(B) recommendations to increase participation by recipients of Federal grants in locally developed, coordinated planning processes;

(4) to the extent feasible, addresses recommendations by the Comptroller General of the United States concerning local coordination of transportation services;

(5) examines and proposes changes to Federal regulations that will eliminate Federal barriers to local transportation coordination, including non-emergency medical transportation; and

(6) recommends to Congress changes to Federal laws, except chapter 53 of title 49, United States Code, that will eliminate Federal barriers to local transportation coordination, including nonemergency medical transportation.

(c) Development of Cost-Sharing Policy in Compliance With Applicable Federal Laws- In establishing the cost-sharing policy required under subsection (b), the Council may consider, to the extent practicable--

(1) the development of recommended strategies for grantees of programs funded by members of the Council, including strategies for grantees of programs that fund nonemergency medical transportation, to use the cost-sharing policy in a manner that does not violate applicable Federal laws; and

(2) incorporation of an allocated cost model to facilitate local coordination efforts that comply with applicable requirements of programs funded by members of the Council, such as--

(A) eligibility requirements;

(B) service delivery requirements; and

(C) reimbursement requirements.

(d) Report- The Council shall, concurrently with submission to the President of a report containing final recommendations of the Council, transmit such report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 3022. IMPROVED TRANSIT SAFETY MEASURES.

(a) Requirements- Not later than 90 days after publication of the report required in section 3019, the Secretary shall issue a notice of proposed rulemaking on protecting transit operators from the risk of assault.

(b) Consideration- In the proposed rulemaking the Secretary shall consider--

(1) different safety needs of drivers of different modes;

(2) differences in operating environments;

(3) the use of technology to mitigate driver assault risks;

(4) existing experience, from both agencies and operators who already are using or testing driver assault mitigation infrastructure; and

(5) the impact of the rule on future rolling stock procurements and vehicles currently in revenue service.

(c) Savings Clause- Nothing in this section may be construed as prohibiting the Secretary from issuing different comprehensive worker protections, including standards for mitigating assaults.

SEC. 3023. PARATRANSIT SYSTEM UNDER FTA APPROVED COORDINATED PLAN.

Notwithstanding the provisions of part 37.131(c) of title 49, Code of Federal Regulations, any paratransit system currently coordinating complementary paratransit service for more than 40 fixed route agencies shall be permitted to continue using an existing tiered, distance-based coordinated paratransit fare system.

SEC. 3024. REPORT ON POTENTIAL OF INTERNET OF THINGS.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the potential of the Internet of Things to improve transportation services in rural, suburban, and urban areas. Such report shall include--

(1) a survey of the communities, cities, and States that are using innovative transportation systems to meet the needs of ageing populations;

(2) best practices to protect privacy and security determined as a result of such survey;

(3) recommendations with respect to the potential of the Internet of Things to assist local, State, and Federal planners to develop more efficient and accurate projections of the transportation needs of rural, suburban, and urban communities.

SEC. 3025. REPORT ON PARKING SAFETY.

(a) Report- Not later than 8 months after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding the safety of certain facilities and locations, focusing on any property damage, injuries or deaths, and other incidents that occur or originate at locations intended to encourage public use of alternative transportation, including--

(1) car pool lots;

(2) mass transit lots;

(3) local, State, or regional rail stations;

(4) rest stops;

(5) college or university lots;

(6) bike paths or walking trails; and

(7) any other locations that the Secretary considers appropriate.

(b) Recommendations- Included with the report, the Secretary shall make recommendations to Congress on the best ways to use innovative technologies to increase safety and ensure a better response by transit security, local, State, and Federal law enforcement to address threats to public safety.

SEC. 3026. APPOINTMENT OF DIRECTORS OF THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.

(a) Definitions- In this section--

(1) the term `Compact' means the Washington Metropolitan Area Transit Authority Compact (Public Law 89-774; 80 Stat. 1324);

(2) the term `Federal Director' means--

(A) a voting member of the Board of Directors of the Transit Authority who represents the Federal Government; and

(B) a nonvoting member of the Board of Directors of the Transit Authority who serves as an alternate for a member described in subparagraph (A); and

(3) the term `Transit Authority' means the Washington Metropolitan Area Transit Authority established under Article III of the Compact.

(b) Appointment by Secretary of Transportation-

(1) IN GENERAL- For any appointment made on or after the date of enactment of this Act, the Secretary of Transportation shall have sole authority to appoint Federal Directors to the Board of Directors of the Transit Authority.

(2) AMENDMENT TO COMPACT- The signatory parties to the Compact shall amend the Compact as necessary in accordance with paragraph (1).

SEC. 3027. EFFECTIVENESS OF PUBLIC TRANSPORTATION CHANGES AND FUNDING.

Not later than 18 months after the date of enactment of this Act, the Comptroller General shall examine and evaluate the impact of the changes that MAP-21 had on public transportation, including--

(1) the ability and effectiveness of public transportation agencies to provide public transportation to low-income workers in accessing jobs and being able to use reverse commute services;

(2) whether services to low-income riders declined after MAP-21 was implemented; and

(3) if guidance provided by the Federal Transit Administration encouraged public transportation agencies to maintain and support services to low-income riders to allow them to access jobs, medical services, and other life necessities.

SEC. 3028. INCREASE SUPPORT FOR GROWING STATES.

Section 5340 of title 49, United States Code, is amended--

(1) by striking subsection (b) and inserting the following:

`(b) Apportionment- Of the amounts made available for each fiscal year under section 5338(b)(2)(M), the Secretary shall apportion 100 percent to States and urbanized areas in accordance with subsection (c).'; and

(2) by striking subsection (d).

TITLE IV--HIGHWAY SAFETY

SEC. 4001. 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) HIGHWAY SAFETY PROGRAMS- For carrying out section 402 of title 23, United States Code--

(A) $260,274,200 for fiscal year 2016;

(B) $265,935,829 for fiscal year 2017;

(C) $271,787,002 for fiscal year 2018;

(D) $278,090,300 for fiscal year 2019;

(E) $284,874,829 for fiscal year 2020; and

(F) $291,195,558 for fiscal year 2021.

(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT- For carrying out section 403 of title 23, United States Code--

(A) $115,951,600 for fiscal year 2016;

(B) $118,398,179 for fiscal year 2017;

(C) $121,665,968 for fiscal year 2018;

(D) $124,926,616 for fiscal year 2019;

(E) $128,187,201 for fiscal year 2020; and

(F) $131,455,975 for fiscal year 2021.

(3) NATIONAL PRIORITY SAFETY PROGRAMS- For carrying out section 405 of title 23, United States Code--

(A) $275,862,400 for fiscal year 2016;

(B) $281,186,544 for fiscal year 2017;

(C) $286,500,970 for fiscal year 2018;

(D) $292,316,940 for fiscal year 2019;

(E) $298,601,754 for fiscal year 2020; and

(F) $304,394,628 for fiscal year 2021.

(4) NATIONAL DRIVER REGISTER- For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code--

(A) $5,000,000 for fiscal year 2016;

(B) $5,000,000 for fiscal year 2017;

(C) $5,000,000 for fiscal year 2018;

(D) $5,000,000 for fiscal year 2019;

(E) $5,000,000 for fiscal year 2020; and

(F) $5,000,000 for fiscal year 2021.

(5) HIGH-VISIBILITY ENFORCEMENT PROGRAM- For carrying out section 404 of title 23, United States Code--

(A) $29,411,800 for fiscal year 2016;

(B) $29,979,448 for fiscal year 2017;

(C) $30,546,059 for fiscal year 2018;

(D) $31,166,144 for fiscal year 2019;

(E) $31,836,216 for fiscal year 2020; and

(F) $32,453,839 for fiscal year 2021.

(6) ADMINISTRATIVE EXPENSES- For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code, and this title--

(A) $25,500,000 for fiscal year 2016;

(B) $25,500,000 for fiscal year 2017;

(C) $25,500,000 for fiscal year 2018;

(D) $25,500,000 for fiscal year 2019;

(E) $25,500,000 for fiscal year 2020; and

(F) $25,500,000 for fiscal year 2021.

(b) Prohibition on Other Uses- Except as otherwise provided in chapter 4 of title 23, United States Code, and chapter 303 of title 49, United States Code, the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a program under such chapters--

(1) shall only be used to carry out such program; and

(2) may not be used by States or local governments for construction purposes.

(c) Applicability of Title 23- Except as otherwise provided in chapter 4 of title 23, United States Code, and chapter 303 of title 49, United States Code, amounts made available under subsection (a) for fiscal years 2016 through 2021 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.

(d) State Matching Requirements- If a grant awarded under chapter 4 of title 23, United States Code, requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during a fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) that are in excess of the amount required under Federal law shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any other project carried out under chapter 4 of title 23, United States Code (other than planning or administration), without regard to whether such expenditures were made in connection with such project.

(e) Grant Application and Deadline- To receive a grant under chapter 4 of title 23, United States Code, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year.

SEC. 4002. HIGHWAY SAFETY PROGRAMS.

Section 402 of title 23, United States Code, is amended--

(1) in subsection (a)(2)(A)--

(A) in clause (vi) by striking `and' at the end;

(B) in clause (vii) by inserting `and' after the semicolon; and

(C) by adding at the end the following:

`(viii) to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities;';

(2) in subsection (c)(4), by adding at the end the following:

`(C) SURVEY- A State shall expend funds apportioned to that State under this section to conduct a biennial survey that the Secretary shall make publicly available through the Internet Web site of the Department of Transportation that includes--

`(i) a list of automated traffic enforcement systems in the State;

`(ii) adequate data to measure the transparency, accountability, and safety attributes of each automated traffic enforcement system; and

`(iii) a comparison of each automated traffic enforcement system with--

`(I) Speed Enforcement Camera Systems Operational Guidelines (DOT HS 810 916, March 2008); and

`(II) Red Light Camera Systems Operational Guidelines (FHWA-SA-05-002, January 2005).';

(3) by striking subsection (g) and inserting the following:

`(g) Restriction- Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines).';

(4) in subsection (k)--

(A) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and

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

`(3) ELECTRONIC SUBMISSION- The Secretary, in coordination with the Governors Highway Safety Association, shall develop procedures to allow States to submit highway safety plans under this subsection, including any attachments to the plans, in electronic form.'; and

(5) in subsection (m)(2)(A)--

(A) in clause (iv) by striking `and' at the end; and

(B) by adding at the end the following:

`(vi) increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities;

`(vii) support for school-based driver's education classes to improve teen knowledge about--

`(I) safe driving practices; and

`(II) State's graduated driving license requirements, including behind-the-wheel training required to meet those requirements; and'.

SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

Section 403 of title 23, United States Code, is amended--

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

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

(B) by redesignating subparagraph (F) as subparagraph (G);

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

`(F) the installation of ignition interlocks in the United States; and'; and

(D) in subparagraph (G), as so redesignated, by striking `in subparagraphs (A) through (E)' and inserting `in subparagraphs (A) through (F)';

(2) in subsection (h) by striking paragraph (2) and inserting the following:

`(2) FUNDING- The Secretary shall obligate for each of fiscal years 2016 through 2021, from funds made available to carry out this section, except that the total obligated for the period covering fiscal years 2016 through 2021 may not exceed $32,000,000, to conduct the research described in paragraph (1).'; and

(3) by adding at the end the following:

`(i) Limitation on Drug and Alcohol Survey Data- The Secretary shall establish procedures and guidelines to ensure that any person participating in a program or activity that collects data on drug or alcohol use by drivers of motor vehicles and is carried out under this section is informed that the program or activity is voluntary.

`(j) Federal Share- The Federal share of the cost of any project or activity carried out under this section may be not more than 100 percent.'.

SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM.

(a) In General- Section 404 of title 23, United States Code, is amended to read as follows:

`Sec. 404. High-visibility enforcement program

`(a) In General- The Administrator of the National Highway Traffic Safety Administration shall establish and administer a program under which not less than 3 campaigns will be carried out in each of fiscal years 2016 through 2021.

`(b) Purpose- The purpose of each campaign carried out under this section shall be to achieve outcomes related to not less than 1 of the following objectives:

`(1) Reduce alcohol-impaired or drug-impaired operation of motor vehicles.

`(2) Increase use of seatbelts by occupants of motor vehicles.

`(3) Reduce distracted driving of motor vehicles.

`(c) Advertising- The Administrator may use, or authorize the use of, funds available to carry out this section to pay for the development, production, and use of broadcast and print media advertising and Internet-based outreach in carrying out campaigns under this section. Consideration shall be given to advertising directed at non-English speaking populations, including those who listen to, read, or watch nontraditional media.

`(d) Coordination With States- The Administrator shall coordinate with States in carrying out the campaigns under this section, including advertising funded under subsection (c), with consideration given to--

`(1) relying on States to provide law enforcement resources for the campaigns out of funding available under sections 402 and 405; and

`(2) providing out of National Highway Traffic Safety Administration resources most of the means necessary for national advertising and education efforts associated with the campaigns.

`(e) Use of Funds- Funds made available to carry out this section may only be used for activities described in subsection (c).

`(f) Definitions- In this section, the following definitions apply:

`(1) CAMPAIGN- The term `campaign' means a high-visibility traffic safety law enforcement campaign.

`(2) STATE- The term `State' has the meaning such term has under section 401.'.

(b) Clerical Amendment- The analysis for chapter 4 of title 23, United States Code, is amended by striking the item relating to section 404 and inserting the following:

`404. High-visibility enforcement program.'.

SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS.

(a) General Authority- Section 405(a) of title 23, United States Code, is amended to read as follows:

`(a) General Authority- Subject to the requirements of this section, the Secretary of Transportation shall manage programs to address national priorities for reducing highway deaths and injuries. Funds shall be allocated according to the following:

`(1) OCCUPANT PROTECTION- In each fiscal year, 13 percent of the funds provided under this section shall be allocated among States that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles (as described in subsection (b)).

`(2) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS- In each fiscal year, 14.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to State traffic safety information system improvements (as described in subsection (c)).

`(3) IMPAIRED DRIVING COUNTERMEASURES- In each fiscal year, 52.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to impaired driving countermeasures (as described in subsection (d)).

`(4) DISTRACTED DRIVING- In each fiscal year, 8.5 percent of the funds provided under this section shall be allocated among States that adopt and implement effective laws to reduce distracted driving (as described in subsection (e)).

`(5) MOTORCYCLIST SAFETY- In each fiscal year, 1.5 percent of the funds provided under this section shall be allocated among States that implement motorcyclist safety programs (as described in subsection (f)).

`(6) STATE GRADUATED DRIVER LICENSING LAWS- In each fiscal year, 5 percent of the funds provided under this section shall be allocated among States that adopt and implement graduated driver licensing laws (as described in subsection (g)).

`(7) NONMOTORIZED SAFETY- In each fiscal year, 5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to nonmotorized safety (as described in subsection (h)).

`(8) TRANSFERS- Notwithstanding paragraphs (1) through (7), the Secretary may reallocate, before the last day of any fiscal year, any amounts remaining available to carry out any of the activities described in subsections (b) through (h) to increase the amount made available under section 402, in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year.

`(9) MAINTENANCE OF EFFORT-

`(A) REQUIREMENTS- No grant may be made to a State in any fiscal year under subsection (b), (c), or (d) unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all State and local sources for programs described in those subsections at or above the average level of such expenditures in the 2 fiscal years preceding the date of enactment of this paragraph.

`(B) WAIVER- Upon the request of a State, the Secretary may waive or modify the requirements under subparagraph (A) for not more than 1 fiscal year if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances.'.

(b) High Seatbelt Use Rate- Section 405(b)(4)(B) of title 23, United States Code, is amended by striking `75 percent' and inserting `100 percent'.

(c) Impaired Driving Countermeasures- Section 405(d) of title 23, United States Code, is amended--

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

`(4) USE OF GRANT AMOUNTS-

`(A) REQUIRED PROGRAMS- High-range States shall use grant funds for--

`(i) high-visibility enforcement efforts; and

`(ii) any of the activities described in subparagraph (B) if--

`(I) the activity is described in the statewide plan; and

`(II) the Secretary approves the use of funding for such activity.

`(B) AUTHORIZED PROGRAMS- Medium-range and low-range States may use grant funds for--

`(i) any of the purposes described in subparagraph (A);

`(ii) hiring a full-time or part-time impaired driving coordinator of the State's activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol, drugs, or the combination of alcohol and drugs;

`(iii) court support of high-visibility enforcement efforts, training and education of criminal justice professionals (including law enforcement, prosecutors, judges, and probation officers) to assist such professionals in handling impaired driving cases, hiring traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated courts;

`(iv) alcohol ignition interlock programs;

`(v) improving blood-alcohol concentration testing and reporting;

`(vi) paid and earned media in support of high-visibility enforcement efforts, conducting standardized field sobriety training, advanced roadside impaired driving evaluation training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration;

`(vii) training on the use of alcohol and drug screening and brief intervention;

`(viii) training for and implementation of impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of a person convicted of driving under the influence of alcohol, drugs, or a combination of alcohol and drugs and to determine the most effective mental health or substance abuse treatment or sanction that will reduce such risk;

`(ix) developing impaired driving information systems; and

`(x) costs associated with a 24/7 sobriety program.

`(C) OTHER PROGRAMS- Low-range States may use grant funds for any expenditure designed to reduce impaired driving based on problem identification and may use not more than 50 percent of funds made available under this subsection for any project or activity eligible for funding under section 402. Medium- and high-range States may use funds for any expenditure designed to reduce impaired driving based on problem identification upon approval by the Secretary.'; and

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

`(A) IN GENERAL- The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a law that requires any individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock installed. Such law may provide limited exceptions for circumstances when--

`(i) a State-certified ignition interlock provider is not available within 100 miles of the individual's residence;

`(ii) the individual is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual; or

`(iii) the individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.'.

(d) Distracted Driving Grants- Section 405(e) of title 23, United States Code, is amended to read as follows:

`(e) Distracted Driving Grants-

`(1) IN GENERAL- The Secretary shall award a grant under this subsection to any State that includes distracted driving awareness as part of the State's driver's license examination, and enacts and enforces a law that meets the requirements set forth in paragraphs (2) and (3).

`(2) PROHIBITION ON TEXTING WHILE DRIVING- A State law meets the requirements set forth in this paragraph if the law--

`(A) prohibits a driver from texting through a personal wireless communications device while driving;

`(B) makes violation of the law a primary offense;

`(C) establishes a minimum fine for a violation of the law; and

`(D) does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.

`(3) PROHIBITION ON YOUTH CELL PHONE USE WHILE DRIVING OR STOPPED IN TRAFFIC- A State law meets the requirements set forth in this paragraph if the law--

`(A) prohibits a driver from using a personal wireless communications device while driving if the driver is--

`(i) younger than 18 years of age; or

`(ii) in the learner's permit and intermediate license stages set forth in subsection (g)(2)(B);

`(B) makes violation of the law a primary offense;

`(C) establishes a minimum fine for a violation of the law; and

`(D) does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.

`(4) PERMITTED EXCEPTIONS- A law that meets the requirements set forth in paragraph (2) or (3) may provide exceptions for--

`(A) a driver who uses a personal wireless communications device to contact emergency services;

`(B) emergency services personnel who use a personal wireless communications device while--

`(i) operating an emergency services vehicle; and

`(ii) engaged in the performance of their duties as emergency services personnel;

`(C) an individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual's employment if such use is permitted under the regulations promulgated pursuant to section 31136 of title 49; and

`(D) any additional exceptions determined by the Secretary through a rulemaking process.

`(5) USE OF GRANT FUNDS-

`(A) IN GENERAL- Except as provided in subparagraph (B), amounts received by a State under this subsection shall be used--

`(i) to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving;

`(ii) for traffic signs that notify drivers about the distracted driving law of the State; or

`(iii) for law enforcement costs related to the enforcement of the distracted driving law.

`(B) FLEXIBILITY-

`(i) Not more than 50 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402.

`(ii) Not more than 75 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402 if the State has conformed its distracted driving data to the most recent Model Minimum Uniform Crash Criteria published by the Secretary.

`(6) ALLOCATION TO SUPPORT STATE DISTRACTED DRIVING LAWS- Of the amounts available under this subsection in a fiscal year for distracted driving grants, the Secretary may expend not more than $5,000,000 for the development and placement of broadcast media to reduce distracted driving of motor vehicles, including to support campaigns related to distracted driving that are funded under section 404.

`(7) GRANT AMOUNT- The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State's apportionment under section 402 for fiscal year 2009.

`(8) DEFINITIONS- In this subsection, the following definitions apply:

`(A) DRIVING- The term `driving'--

`(i) means operating a motor vehicle on a public road; and

`(ii) does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.

`(B) PERSONAL WIRELESS COMMUNICATIONS DEVICE- The term `personal wireless communications device'--

`(i) means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted; and

`(ii) does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes.

`(C) PRIMARY OFFENSE- The term `primary offense' means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense.

`(D) PUBLIC ROAD- The term `public road' has the meaning given such term in section 402(c).

`(E) TEXTING- The term `texting' means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication.'.

(e) Motorcyclist Safety- Section 405(f) of title 23, United States Code, is amended--

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

`(2) GRANT AMOUNT- The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State's apportionment under section 402 for fiscal year 2009, except that the amount of a grant awarded to a State for a fiscal year may not exceed 25 percent of the amount apportioned to the State under such section for fiscal year 2009.';

(2) in paragraph (4) by adding at the end the following:

`(C) FLEXIBILITY- Not more than 50 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402 if the State is in the lowest 25 percent of all States for motorcycle deaths per 10,000 motorcycle registrations based on the most recent data that conforms with criteria established by the Secretary.'; and

(3) by adding at the end the following:

`(6) SHARE-THE-ROAD MODEL LANGUAGE- Not later than 1 year after the date of enactment of this paragraph, the Secretary shall update and provide to the States model language for use in traffic safety education courses, driver's manuals, and other driver training materials that provides instruction for drivers of motor vehicles on the importance of sharing the road safely with motorcyclists.'.

(f) State Graduated Driver Licensing Incentive Grant- Section 405(g) of title 23, United States Code, is amended to read as follows:

`(g) State Graduated Driver Licensing Incentive Grant-

`(1) GRANTS AUTHORIZED- Subject to the requirements under this subsection, the Secretary shall award grants to States that adopt and implement graduated driver licensing laws in accordance with the requirements set forth in paragraph (2).

`(2) MINIMUM REQUIREMENTS-

`(A) IN GENERAL- A State meets the requirements set forth in this paragraph if the State has a graduated driver licensing law that requires novice drivers younger than 18 years of age to comply with the 2-stage licensing process described in subparagraph (B) before receiving an unrestricted driver's license.

`(B) LICENSING PROCESS- A State is in compliance with the 2-stage licensing process described in this subparagraph if the State's driver's license laws comply with the additional requirements under subparagraph (C) and includes--

`(i) a learner's permit stage that--

`(I) is not less than 6 months in duration and remains in effect until the driver reaches not less than 16 years of age;

`(II) contains a prohibition on the driver using a personal wireless communications device (as defined in subsection (e)) while driving except under an exception permitted under subsection (e)(4);

`(III) requires that the driver be accompanied and supervised at all times while operating a motor vehicle by a licensed driver who is--

`(aa) not less than 21 years of age;

`(bb) the driver's parent or guardian; or

`(cc) a State-certified driving instructor; and

`(IV) complies with the additional requirements for a learner's permit stage set forth in subparagraph (C)(i); and

`(ii) an intermediate stage that--

`(I) is not less than 6 months in duration;

`(II) contains a prohibition on the driver using a personal wireless communications device (as defined in subsection (e)) while driving except under an exception permitted under subsection (e)(4);

`(III) for the first 6 months of such stage, restricts driving at night when not supervised by a licensed driver described in clause (i)(III), excluding transportation to work, school, or religious activities, or in the case of an emergency;

`(IV) for a period of not less than 6 months, prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger under 21 years of age unless a licensed driver described in clause (i)(III) is in the vehicle; and

`(V) complies with the additional requirements for an intermediate stage set forth in subparagraph (C)(ii).

`(C) ADDITIONAL REQUIREMENTS-

`(i) Learner's PERMIT STAGE- In addition to the requirements of subparagraph (B)(i), a learner's permit stage shall include not less than 2 of the following requirements:

`(I) Passage of a vision and knowledge assessment by a learner's permit applicant prior to receiving a learner's permit.

`(II) The driver completes--

`(aa) a State-certified driver education or training course; or

`(bb) not less than 40 hours of behind-the-wheel training with a licensed driver described in subparagraph (B)(i)(III).

`(III) In addition to any other penalties imposed by State law, the grant of an unrestricted driver's license or advancement to an intermediate stage be automatically delayed for any individual who, during the learner's permit stage, is convicted of a driving-related offense, including--

`(aa) driving while intoxicated;

`(bb) misrepresentation of the individual's age;

`(cc) reckless driving;

`(dd) driving without wearing a seatbelt;

`(ee) speeding; or

`(ff) any other driving-related offense, as determined by the Secretary.

`(ii) INTERMEDIATE STAGE- In addition to the requirements of subparagraph (B)(ii), an intermediate stage shall include not less than 2 of the following requirements:

`(I) Commencement of such stage after the successful completion of a driving skills test.

`(II) That such stage remain in effect until the driver reaches the age of not less than 17.

`(III) In addition to any other penalties imposed by State law, the grant of an unrestricted driver's license be automatically delayed for any individual who, during the learner's permit stage, is convicted of a driving-related offense, including those described in clause (i)(III).

`(3) EXCEPTION- A State that otherwise meets the minimum requirements set forth in paragraph (2) shall be deemed by the Secretary to be in compliance with the requirement set forth in paragraph (2) if the State enacted a law before January 1, 2011, establishing a class of license that permits licensees or applicants younger than 18 years of age to drive a motor vehicle--

`(A) in connection with work performed on, or for the operation of, a farm owned by family members who are directly related to the applicant or licensee; or

`(B) if demonstrable hardship would result from the denial of a license to the licensees or applicants.

`(4) ALLOCATION- Grant funds allocated to a State under this subsection for a fiscal year shall be in proportion to the State's apportionment under section 402 for fiscal year 2009.

`(5) USE OF FUNDS-

`(A) IN GENERAL- Except as provided in subparagraph (B), grant funds received by a State under this subsection shall be used for--

`(i) enforcing a 2-stage licensing process that complies with paragraph (2);

`(ii) training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in clause (i);

`(iii) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law;

`(iv) carrying out other administrative activities that the Secretary considers relevant to the State's 2-stage licensing process; or

`(v) carrying out a teen traffic safety program described in section 402(m).

`(B) FLEXIBILITY-

`(i) Not more than 75 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402.

`(ii) Not more than 100 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402, if the State is in the lowest 25 percent of all States for the number of drivers under age 18 involved in fatal crashes in the State per the total number of drivers under age 18 in the State based on the most recent data that conforms with criteria established by the Secretary.'.

(g) Nonmotorized Safety- Section 405 of title 23, United States Code, is amended by adding at the end the following:

`(h) Nonmotorized Safety-

`(1) GENERAL AUTHORITY- Subject to the requirements under this subsection, the Secretary shall award grants to States for the purpose of decreasing pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle.

`(2) FEDERAL SHARE- The Federal share of the cost of a project carried out by a State using amounts from a grant awarded under this subsection may not exceed 80 percent.

`(3) ELIGIBILITY- A State shall receive a grant under this subsection in a fiscal year if the annual combined pedestrian and bicycle fatalities in the State exceed 15 percent of the total annual crash fatalities in the State, based on the most recently reported final data from the Fatality Analysis Reporting System.

`(4) USE OF GRANT AMOUNTS- Grant funds received by a State under this subsection may be used for--

`(A) training of law enforcement officials on State laws applicable to pedestrian and bicycle safety;

`(B) enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to pedestrian and bicycle safety; and

`(C) public education and awareness programs designed to inform motorists, pedestrians, and bicyclists of State traffic laws applicable to pedestrian and bicycle safety.

`(5) GRANT AMOUNT- The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State's apportionment under section 402 for fiscal year 2009.'.

SEC. 4006. PROHIBITION ON FUNDS TO CHECK HELMET USAGE OR CREATE RELATED CHECKPOINTS FOR A MOTORCYCLE DRIVER OR PASSENGER.

The Secretary may not provide a grant or otherwise make available funding to a State, Indian tribe, county, municipality, or other local government to be used for a program or activity to check helmet usage, including checkpoints related to helmet usage, with respect to a motorcycle driver or passenger.

SEC. 4007. MARIJUANA-IMPAIRED DRIVING.

(a) Study- The Secretary, in consultation with the heads of other Federal agencies as appropriate, shall conduct a study on marijuana-impaired driving.

(b) Issues To Be Examined- In conducting the study, the Secretary shall examine, at a minimum, the following:

(1) Methods to detect marijuana-impaired driving, including devices capable of measuring marijuana levels in motor vehicle operators.

(2) A review of impairment standard research for driving under the influence of marijuana.

(3) Methods to differentiate the cause of a driving impairment between alcohol and marijuana.

(4) State-based policies on marijuana-impaired driving.

(5) The role and extent of marijuana impairment in motor vehicle accidents.

(c) Report-

(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary, in cooperation with other Federal agencies as appropriate, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

(2) CONTENTS- The report shall include, at a minimum, the following:

(A) FINDINGS- The findings of the Secretary based on the study, including, at a minimum, the following:

(i) An assessment of methodologies and technologies for measuring driver impairment resulting from the use of marijuana, including the use of marijuana in combination with alcohol.

(ii) A description and assessment of the role of marijuana as a causal factor in traffic crashes and the extent of the problem of marijuana-impaired driving.

(iii) A description and assessment of current State laws relating to marijuana-impaired driving.

(iv) A determination whether an impairment standard for drivers under the influence of marijuana is feasible and could reduce vehicle accidents and save lives.

(B) RECOMMENDATIONS- The recommendations of the Secretary based on the study, including, at a minimum, the following:

(i) Effective and efficient methods for training law enforcement personnel, including drug recognition experts, to detect or measure the level of impairment of a motor vehicle operator who is under the influence of marijuana by the use of technology or otherwise.

(ii) If feasible, an impairment standard for driving under the influence of marijuana.

(iii) Methodologies for increased data collection regarding the prevalence and effects of marijuana-impaired driving.

(d) Marijuana Defined- In this section, the term `marijuana' includes all substances containing tetrahydrocannabinol.

SEC. 4008. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.

Not later than 60 days after the date on which the Secretary of Transportation awards grants under section 405 of title 23, United States Code, the Secretary shall make available on a publicly available Internet Web site of the Department of Transportation--

(1) an identification of--

(A) the States that were awarded grants under such section;

(B) the States that applied and were not awarded grants under such section; and

(C) the States that did not apply for a grant under such section; and

(2) a list of deficiencies that made a State ineligible for a grant under such section for each State under paragraph (1)(B).

SEC. 4009. DATA COLLECTION.

Section 1906 of SAFETEA-LU (23 U.S.C. 402 note) is amended--

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

(A) by striking `(A) has enacted' and all that follows through `(B) is maintaining' and inserting `is maintaining'; and

(B) by striking `and any passengers';

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

`(b) Use of Grant Funds- A grant received by a State under subsection (a) shall be used by the State for the costs of--

`(1) collecting and maintaining data on traffic stops; and

`(2) evaluating the results of the data.';

(3) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively;

(4) in subsection (c)(2), as so redesignated, by striking `A State' and inserting `On or after October 1, 2015, a State'; and

(5) in subsection (d), as so redesignated--

(A) in the subsection heading by striking `Authorization of Appropriations' and inserting `Funding';

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

`(1) IN GENERAL- From funds made available under section 403 of title 23, United States Code, the Secretary shall set aside $7,500,000 for each of the fiscal years 2016 through 2021 to carry out this section.'; and

(C) in paragraph (2)--

(i) by striking `authorized by' and inserting `made available under'; and

(ii) by striking `percent,' and all that follows through the period at the end and inserting `percent.'.

SEC. 4010. TECHNICAL CORRECTIONS.

Title 23, United States Code, is amended as follows:

(1) Section 402 is amended--

(A) in subsection (b)(1)--

(i) in subparagraph (C) by striking `paragraph (3)' and inserting `paragraph (2)'; and

(ii) in subparagraph (E)--

(I) by striking `in which' and inserting `for which'; and

(II) by striking `under subsection (f)' and inserting `under subsection (k)'; and

(B) in subsection (k)(5), as redesignated by this Act, by striking `under paragraph (2)(A)' and inserting `under paragraph (3)(A)'.

(2) Section 403(e) is amended by striking `chapter 301' and inserting `chapter 301 of title 49'.

(3) Section 405 is amended--

(A) in subsection (d)--

(i) in paragraph (5) by striking `under section 402(c)' and inserting `under section 402'; and

(ii) in paragraph (6)(C) by striking `on the basis of the apportionment formula set forth in section 402(c)' and inserting `in proportion to the State's apportionment under section 402 for fiscal year 2009'; and

(B) in subsection (f)(4)(A)(iv)--

(i) by striking `such as the' and inserting `including'; and

(ii) by striking `developed under subsection (g)'.

TITLE V--MOTOR CARRIER SAFETY

Subtitle A--Motor Carrier Safety Grant Consolidation

SEC. 5101. GRANTS TO STATES.

(a) Motor Carrier Safety Assistance Program- Section 31102 of title 49, United States Code, is amended to read as follows:

`Sec. 31102. Motor carrier safety assistance program

`(a) In General- The Secretary of Transportation shall administer a motor carrier safety assistance program funded under section 31104.

`(b) Goal- The goal of the program is to ensure that the Secretary, States, local governments, other political jurisdictions, federally recognized Indian tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system by--

`(1) making targeted investments to promote safe commercial motor vehicle transportation, including the transportation of passengers and hazardous materials;

`(2) investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and in fatalities resulting from such crashes;

`(3) adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and

`(4) assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks.

`(c) State Plans-

`(1) IN GENERAL- In carrying out the program, the Secretary shall prescribe procedures for a State to submit a multiple-year plan, and annual updates thereto, under which the State agrees to assume responsibility for improving motor carrier safety by adopting and enforcing State regulations, standards, and orders that are compatible with the regulations, standards, and orders of the Federal Government on commercial motor vehicle safety and hazardous materials transportation safety.

`(2) CONTENTS- The Secretary shall approve a State plan if the Secretary determines that the plan is adequate to comply with the requirements of this section, and the plan--

`(A) implements performance-based activities, including deployment and maintenance of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs;

`(B) designates a lead State commercial motor vehicle safety agency responsible for administering the plan throughout the State;

`(C) contains satisfactory assurances that the lead State commercial motor vehicle safety agency has or will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and orders;

`(D) contains satisfactory assurances that the State will devote adequate resources to the administration of the plan and enforcement of the regulations, standards, and orders;

`(E) provides a right of entry and inspection to carry out the plan;

`(F) provides that all reports required under this section be available to the Secretary on request;

`(G) provides that the lead State commercial motor vehicle safety agency will adopt the reporting requirements and use the forms for recordkeeping, inspections, and investigations that the Secretary prescribes;

`(H) requires all registrants of commercial motor vehicles to demonstrate knowledge of applicable safety regulations, standards, and orders of the Federal Government and the State;

`(I) provides that the State will grant maximum reciprocity for inspections conducted under the North American Inspection Standards through the use of a nationally accepted system that allows ready identification of previously inspected commercial motor vehicles;

`(J) ensures that activities described in subsection (h), if financed through grants to the State made under this section, will not diminish the effectiveness of the development and implementation of the programs to improve motor carrier, commercial motor vehicle, and driver safety as described in subsection (b);

`(K) ensures that the lead State commercial motor vehicle safety agency will coordinate the plan, data collection, and information systems with the State highway safety improvement program required under section 148(c) of title 23;

`(L) ensures participation in appropriate Federal Motor Carrier Safety Administration information technology and data systems and other information systems by all appropriate jurisdictions receiving motor carrier safety assistance program funding;

`(M) ensures that information is exchanged among the States in a timely manner;

`(N) provides satisfactory assurances that the State will undertake efforts that will emphasize and improve enforcement of State and local traffic safety laws and regulations related to commercial motor vehicle safety;

`(O) provides satisfactory assurances that the State will address national priorities and performance goals, including--

`(i) activities aimed at removing impaired commercial motor vehicle drivers from the highways of the United States through adequate enforcement of regulations on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment;

`(ii) activities aimed at providing an appropriate level of training to State motor carrier safety assistance program officers and employees on recognizing drivers impaired by alcohol or controlled substances; and

`(iii) when conducted with an appropriate commercial motor vehicle inspection, criminal interdiction activities, and appropriate strategies for carrying out those interdiction activities, including interdiction activities that affect the transportation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) and listed in part 1308 of title 21, Code of Federal Regulations, as updated and republished from time to time) by any occupant of a commercial motor vehicle;

`(P) provides that the State has established and dedicated sufficient resources to a program to ensure that--

`(i) the State collects and reports to the Secretary accurate, complete, and timely motor carrier safety data; and

`(ii) the State participates in a national motor carrier safety data correction system prescribed by the Secretary;

`(Q) ensures that the State will cooperate in the enforcement of financial responsibility requirements under sections 13906, 31138, and 31139 and regulations issued under those sections;

`(R) ensures consistent, effective, and reasonable sanctions;

`(S) ensures that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel;

`(T) provides that the State will include in the training manuals for the licensing examination to drive noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles;

`(U) provides that the State will enforce the registration requirements of sections 13902 and 31134 by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under those sections or to be operated beyond the scope of the motor carrier's registration;

`(V) provides that the State will conduct comprehensive and highly visible traffic enforcement and commercial motor vehicle safety inspection programs in high-risk locations and corridors;

`(W) except in the case of an imminent hazard or obvious safety hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a bus station, terminal, border crossing, maintenance facility, destination, or other location where a motor carrier may make a planned stop (excluding a weigh station);

`(X) ensures that the State will transmit to its roadside inspectors notice of each Federal exemption granted under section 31315(b) of this title and sections 390.23 and 390.25 of title 49, Code of Federal Regulations, and provided to the State by the Secretary, including the name of the person that received the exemption and any terms and conditions that apply to the exemption;

`(Y) except as provided in subsection (d), provides that the State--

`(i) will conduct safety audits of interstate and, at the State's discretion, intrastate new entrant motor carriers under section 31144(g); and

`(ii) if the State authorizes a third party to conduct safety audits under section 31144(g) on its behalf, the State verifies the quality of the work conducted and remains solely responsible for the management and oversight of the activities;

`(Z) provides that the State agrees to fully participate in the performance and registration information systems management under section 31106(b) not later than October 1, 2020, by complying with the conditions for participation under paragraph (3) of that section, or demonstrates to the Secretary an alternative approach for identifying and immobilizing a motor carrier with serious safety deficiencies in a manner that provides an equivalent level of safety;

`(AA) in the case of a State that shares a land border with another country, provides that the State--

`(i) will conduct a border commercial motor vehicle safety program focusing on international commerce that includes enforcement and related projects; or

`(ii) will forfeit all funds calculated by the Secretary based on border-related activities if the State declines to conduct the program described in clause (i) in its plan; and

`(BB) in the case of a State that meets the other requirements of this section and agrees to comply with the requirements established in subsection (l)(3), provides that the State may fund operation and maintenance costs associated with innovative technology deployment under subsection (l)(3) with motor carrier safety assistance program funds authorized under section 31104(a)(1).

`(3) PUBLICATION-

`(A) IN GENERAL- Subject to subparagraph (B), the Secretary shall publish each approved State multiple-year plan, and each annual update thereto, on a publically accessible Internet Web site of the Department of Transportation not later than 30 days after the date the Secretary approves the plan or update.

`(B) LIMITATION- Before publishing an approved State multiple-year plan or annual update under subparagraph (A), the Secretary shall redact any information identified by the State that, if disclosed--

`(i) would reasonably be expected to interfere with enforcement proceedings; or

`(ii) would reveal enforcement techniques or procedures that would reasonably be expected to risk circumvention of the law.

`(d) Exclusion of U.S. Territories- The requirement that a State conduct safety audits of new entrant motor carriers under subsection (c)(2)(Y) does not apply to a territory of the United States unless required by the Secretary.

`(e) Intrastate Compatibility- The Secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws, including regulations, with Federal motor carrier safety regulations to be enforced under subsections (b) and (c). To the extent practicable, the guidelines and standards shall allow for maximum flexibility while ensuring a degree of uniformity that will not diminish motor vehicle safety.

`(f) Maintenance of Effort-

`(1) BASELINE- Except as provided under paragraphs (2) and (3) and in accordance with section 5106 of the Surface Transportation Reauthorization and Reform Act of 2015, a State plan under subsection (c) shall provide that the total expenditure of amounts of the lead State commercial motor vehicle safety agency responsible for administering the plan will be maintained at a level each fiscal year that is at least equal to--

`(A) the average level of that expenditure for fiscal years 2004 and 2005; or

`(B) the level of that expenditure for the year in which the Secretary implements a new allocation formula under section 5106 of the Surface Transportation Reauthorization and Reform Act of 2015.

`(2) ADJUSTED BASELINE AFTER FISCAL YEAR 2017- At the request of a State, the Secretary may evaluate additional documentation related to the maintenance of effort and may make reasonable adjustments to the maintenance of effort baseline after the year in which the Secretary implements a new allocation formula under section 5106 of the Surface Transportation Reauthorization and Reform Act of 2015, and this adjusted baseline will replace the maintenance of effort requirement under paragraph (1).

`(3) WAIVERS- At the request of a State, the Secretary may waive or modify the requirements of this subsection for a total of 1 fiscal year if the Secretary determines that the waiver or modification is reasonable, based on circumstances described by the State, to ensure the continuation of commercial motor vehicle enforcement activities in the State.

`(4) LEVEL OF STATE EXPENDITURES- In estimating the average level of a State's expenditures under paragraph (1), the Secretary--

`(A) may allow the State to exclude State expenditures for federally sponsored demonstration and pilot programs and strike forces;

`(B) may allow the State to exclude expenditures for activities related to border enforcement and new entrant safety audits; and

`(C) shall require the State to exclude State matching amounts used to receive Federal financing under section 31104.

`(g) Use of Unified Carrier Registration Fees Agreement- Amounts generated under section 14504a and received by a State and used for motor carrier safety purposes may be included as part of the State's match required under section 31104 or maintenance of effort required by subsection (f).

`(h) Use of Grants To Enforce Other Laws- When approved as part of a State's plan under subsection (c), the State may use motor carrier safety assistance program funds received under this section--

`(1) if the activities are carried out in conjunction with an appropriate inspection of a commercial motor vehicle to enforce Federal or State commercial motor vehicle safety regulations, for--

`(A) enforcement of commercial motor vehicle size and weight limitations at locations, excluding fixed-weight facilities, such as near steep grades or mountainous terrains, where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States; and

`(B) detection of and enforcement actions taken as a result of criminal activity, including the trafficking of human beings, in a commercial motor vehicle or by any occupant, including the operator, of the commercial motor vehicle; and

`(2) for documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles, including documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of commercial motor vehicles, if--

`(A) the number of motor carrier safety activities, including roadside safety inspections, conducted in the State is maintained at a level at least equal to the average level of such activities conducted in the State in fiscal years 2004 and 2005; and

`(B) the State does not use more than 10 percent of the basic amount the State receives under a grant awarded under section 31104(a)(1) for enforcement activities relating to noncommercial motor vehicles necessary to promote the safe operation of commercial motor vehicles unless the Secretary determines that a higher percentage will result in significant increases in commercial motor vehicle safety.

`(i) Evaluation of Plans and Award of Grants-

`(1) AWARDS- The Secretary shall establish criteria for the application, evaluation, and approval of State plans under this section. Subject to subsection (j), the Secretary may allocate the amounts made available under section 31104(a)(1) among the States.

`(2) OPPORTUNITY TO CURE- If the Secretary disapproves a plan under this section, the Secretary shall give the State a written explanation of the reasons for disapproval and allow the State to modify and resubmit the plan for approval.

`(j) Allocation of Funds-

`(1) IN GENERAL- The Secretary, by regulation, shall prescribe allocation criteria for funds made available under section 31104(a)(1).

`(2) ANNUAL ALLOCATIONS- On October 1 of each fiscal year, or as soon as practicable thereafter, and after making a deduction under section 31104(c), the Secretary shall allocate amounts made available under section 31104(a)(1) to carry out this section for the fiscal year among the States with plans approved under this section in accordance with the criteria prescribed under paragraph (1).

`(3) ELECTIVE ADJUSTMENTS- Subject to the availability of funding and notwithstanding fluctuations in the data elements used by the Secretary to calculate the annual allocation amounts, after the creation of a new allocation formula under section 5106 of the Surface Transportation Reauthorization and Reform Act of 2015, the Secretary may not make elective adjustments to the allocation formula that decrease a State's Federal funding levels by more than 3 percent in a fiscal year. The 3 percent limit shall not apply to the withholding provisions of subsection (k).

`(k) Plan Monitoring-

`(1) IN GENERAL- On the basis of reports submitted by the lead State agency responsible for administering a State plan approved under this section and an investigation by the Secretary, the Secretary shall periodically evaluate State implementation of and compliance with the State plan.

`(2) WITHHOLDING OF FUNDS-

`(A) DISAPPROVAL- If, after notice and an opportunity to be heard, the Secretary finds that a State plan previously approved under this section is not being followed or has become inadequate to ensure enforcement of State regulations, standards, or orders described in subsection (c)(1), or the State is otherwise not in compliance with the requirements of this section, the Secretary may withdraw approval of the State plan and notify the State. Upon the receipt of such notice, the State plan shall no longer be in effect and the Secretary shall withhold all funding to the State under this section.

`(B) NONCOMPLIANCE WITHHOLDING- In lieu of withdrawing approval of a State plan under subparagraph (A), the Secretary may, after providing notice to the State and an opportunity to be heard, withhold funding from the State to which the State would otherwise be entitled under this section for the period of the State's noncompliance. In exercising this option, the Secretary may withhold--

`(i) up to 5 percent of funds during the fiscal year that the Secretary notifies the State of its noncompliance;

`(ii) up to 10 percent of funds for the first full fiscal year of noncompliance;

`(iii) up to 25 percent of funds for the second full fiscal year of noncompliance; and

`(iv) not more than 50 percent of funds for the third and any subsequent full fiscal year of noncompliance.

`(3) JUDICIAL REVIEW- A State adversely affected by a determination under paragraph (2) may seek judicial review under chapter 7 of title 5. Notwithstanding the disapproval of a State plan under paragraph (2)(A) or the withholding of funds under paragraph (2)(B), the State may retain jurisdiction in an administrative or a judicial proceeding that commenced before the notice of disapproval or withholding if the issues involved are not related directly to the reasons for the disapproval or withholding.

`(l) High Priority Program-

`(1) IN GENERAL- The Secretary shall administer a high priority program funded under section 31104 for the purposes described in paragraphs (2) and (3).

`(2) ACTIVITIES RELATED TO MOTOR CARRIER SAFETY- The Secretary may make discretionary grants to and enter into cooperative agreements with States, local governments, federally recognized Indian tribes, other political jurisdictions as necessary, and any person to carry out high priority activities and projects that augment motor carrier safety activities and projects planned in accordance with subsections (b) and (c), including activities and projects that--

`(A) increase public awareness and education on commercial motor vehicle safety;

`(B) target unsafe driving of commercial motor vehicles and noncommercial motor vehicles in areas identified as high risk crash corridors;

`(C) improve the safe and secure movement of hazardous materials;

`(D) improve safe transportation of goods and persons in foreign commerce;

`(E) demonstrate new technologies to improve commercial motor vehicle safety;

`(F) support participation in performance and registration information systems management under section 31106(b)--

`(i) for entities not responsible for submitting the plan under subsection (c); or

`(ii) for entities responsible for submitting the plan under subsection (c)--

`(I) before October 1, 2020, to achieve compliance with the requirements of participation; and

`(II) beginning on October 1, 2020, or once compliance is achieved, whichever is sooner, for special initiatives or projects that exceed routine operations required for participation;

`(G) conduct safety data improvement projects--

`(i) that complete or exceed the requirements under subsection (c)(2)(P) for entities not responsible for submitting the plan under subsection (c); or

`(ii) that exceed the requirements under subsection (c)(2)(P) for entities responsible for submitting the plan under subsection (c); and

`(H) otherwise improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations.

`(3) INNOVATIVE TECHNOLOGY DEPLOYMENT GRANT PROGRAM-

`(A) IN GENERAL- The Secretary shall establish an innovative technology deployment grant program to make discretionary grants funded under section 31104(a)(2) to eligible States for the innovative technology deployment of commercial motor vehicle information systems and networks.

`(B) PURPOSES- The purposes of the program shall be--

`(i) to advance the technological capability and promote the deployment of intelligent transportation system applications for commercial motor vehicle operations, including commercial motor vehicle, commercial driver, and carrier-specific information systems and networks; and

`(ii) to support and maintain commercial motor vehicle information systems and networks--

`(I) to link Federal motor carrier safety information systems with State commercial motor vehicle systems;

`(II) to improve the safety and productivity of commercial motor vehicles and drivers; and

`(III) to reduce costs associated with commercial motor vehicle operations and Federal and State commercial motor vehicle regulatory requirements.

`(C) ELIGIBILITY- To be eligible for a grant under this paragraph, a State shall--

`(i) have a commercial motor vehicle information systems and networks program plan approved by the Secretary that describes the various systems and networks at the State level that need to be refined, revised, upgraded, or built to accomplish deployment of commercial motor vehicle information systems and networks capabilities;

`(ii) certify to the Secretary that its commercial motor vehicle information systems and networks deployment activities, including hardware procurement, software and system development, and infrastructure modifications--

`(I) are consistent with the national intelligent transportation systems and commercial motor vehicle information systems and networks architectures and available standards; and

`(II) promote interoperability and efficiency to the extent practicable; and

`(iii) agree to execute interoperability tests developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the national intelligent transportation systems architecture, applicable standards, and protocols for commercial motor vehicle information systems and networks.

`(D) USE OF FUNDS- Grant funds received under this paragraph may be used--

`(i) for deployment activities and activities to develop new and innovative advanced technology solutions that support commercial motor vehicle information systems and networks;

`(ii) for planning activities, including the development or updating of program or top level design plans in order to become eligible or maintain eligibility under subparagraph (C); and

`(iii) for the operation and maintenance costs associated with innovative technology.

`(E) SECRETARY AUTHORIZATION- The Secretary is authorized to award a State funding for the operation and maintenance costs associated with innovative technology deployment with funds made available under sections 31104(a)(1) and 31104(a)(2).'.

(b) Commercial Motor Vehicle Operators Grant Program- Section 31103 of title 49, United States Code, is amended to read as follows:

`Sec. 31103. Commercial motor vehicle operators grant program

`(a) In General- The Secretary shall administer a commercial motor vehicle operators grant program funded under section 31104.

`(b) Purpose- The purpose of the grant program is to train individuals in the safe operation of commercial motor vehicles (as defined in section 31301).

`(c) Veterans- In administering grants under this section, the Secretary shall award priority to grant applications for programs to train former members of the armed forces (as defined in section 101 of title 10) in the safe operation of such vehicles.'.

(c) Authorization of Appropriations- Section 31104 of title 49, United States Code, as amended by this Act, is further amended on the effective date set forth in subsection (f) to read as follows:

`Sec. 31104. Authorization of appropriations

`(a) Financial Assistance Programs- The following sums are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account):

`(1) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM- Subject to paragraph (2) and subsection (c), to carry out section 31102--

`(A) $278,242,684 for fiscal year 2017;

`(B) $293,685,550 for fiscal year 2018;

`(C) $308,351,227 for fiscal year 2019;

`(D) $323,798,553 for fiscal year 2020; and

`(E) $339,244,023 for fiscal year 2021.

`(2) HIGH PRIORITY ACTIVITIES PROGRAM- Subject to subsection (c), to make grants and cooperative agreements under section 31102(l), the Secretary may set aside from amounts made available under paragraph (1) up to--

`(A) $40,798,780 for fiscal year 2017;

`(B) $41,684,114 for fiscal year 2018;

`(C) $42,442,764 for fiscal year 2019;

`(D) $43,325,574 for fiscal year 2020; and

`(E) $44,209,416 for fiscal year 2021.

`(3) COMMERCIAL MOTOR VEHICLE OPERATORS GRANT PROGRAM- To carry out section 31103--

`(A) $1,000,000 for fiscal year 2017;

`(B) $1,000,000 for fiscal year 2018;

`(C) $1,000,000 for fiscal year 2019;

`(D) $1,000,000 for fiscal year 2020; and

`(E) $1,000,000 for fiscal year 2021.

`(4) COMMERCIAL DRIVER'S LICENSE PROGRAM IMPLEMENTATION PROGRAM- Subject to subsection (c), to carry out section 31313--

`(A) $30,958,536 for fiscal year 2017;

`(B) $31,630,336 for fiscal year 2018;

`(C) $32,206,008 for fiscal year 2019;

`(D) $32,875,893 for fiscal year 2020; and

`(E) $33,546,562 for fiscal year 2021.

`(b) Reimbursement and Payment to Recipients for Government Share of Costs-

`(1) IN GENERAL- Amounts made available under subsection (a) shall be used to reimburse financial assistance recipients proportionally for the Federal Government's share of the costs incurred.

`(2) REIMBURSEMENT AMOUNTS- The Secretary shall reimburse a recipient, in accordance with a financial assistance agreement made under section 31102, 31103, or 31313, an amount that is at least 85 percent of the costs incurred by the recipient in a fiscal year in developing and implementing programs under such sections. The Secretary shall pay the recipient an amount not more than the Federal Government share of the total costs approved by the Federal Government in the financial assistance agreement. The Secretary shall include a recipient's in-kind contributions in determining the reimbursement.

`(3) VOUCHERS- Each recipient shall submit vouchers at least quarterly for costs the recipient incurs in developing and implementing programs under sections 31102, 31103, and 31313.

`(c) Deductions for Partner Training and Program Support- On October 1 of each fiscal year, or as soon after that date as practicable, the Secretary may deduct from amounts made available under paragraphs (1), (2), and (4) of subsection (a) for that fiscal year not more than 1.50 percent of those amounts for partner training and program support in that fiscal year. The Secretary shall use at least 75 percent of those deducted amounts to train non-Federal Government employees and to develop related training materials in carrying out such programs.

`(d) Grants and Cooperative Agreements as Contractual Obligations- The approval of a financial assistance agreement by the Secretary under section 31102, 31103, or 31313 is a contractual obligation of the Federal Government for payment of the Federal Government's share of costs in carrying out the provisions of the grant or cooperative agreement.

`(e) Eligible Activities- The Secretary shall establish criteria for eligible activities to be funded with financial assistance agreements under this section and publish those criteria in a notice of funding availability before the financial assistance program application period.

`(f) Period of Availability of Financial Assistance Agreement Funds for Recipient Expenditures- The period of availability for a recipient to expend funds under a grant or cooperative agreement authorized under subsection (a) is as follows:

`(1) For grants made for carrying out section 31102, other than section 31102(l), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next fiscal year.

`(2) For grants made or cooperative agreements entered into for carrying out section 31102(l)(2), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 2 fiscal years.

`(3) For grants made for carrying out section 31102(l)(3), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years.

`(4) For grants made for carrying out section 31103, for the fiscal year in which the Secretary approves the financial assistance agreement and for the next fiscal year.

`(5) For grants made or cooperative agreements entered into for carrying out section 31313, for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years.

`(g) Contract Authority; Initial Date of Availability- Amounts authorized from the Highway Trust Fund (other than the Mass Transit Account) by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

`(h) Availability of Funding- Amounts made available under this section shall remain available until expended.'.

(d) Clerical Amendment- The analysis for chapter 311 of title 49, United States Code, is amended by striking the items relating to sections 31102, 31103, and 31104 and inserting the following:

`31102. Motor carrier safety assistance program.

`31103. Commercial motor vehicle operators grant program.

`31104. Authorization of appropriations.'.

(e) Conforming Amendments-

(1) SAFETY FITNESS OF OWNERS AND OPERATOR; SAFETY REVIEWS OF NEW OPERATORS- Section 31144(g) of title 49, United States Code, is amended by striking paragraph (5).

(2) INFORMATION SYSTEMS; PERFORMANCE AND REGISTRATION INFORMATION PROGRAM- Section 31106(b) of title 49, United States Code, is amended by striking paragraph (4).

(3) BORDER ENFORCEMENT GRANTS- Section 31107 of title 49, United States Code, and the item relating to that section in the analysis for chapter 311 of that title, are repealed.

(4) PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT- Section 31109 of title 49, United States Code, and the item relating to that section in the analysis for chapter 311 of that title, are repealed.

(5) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT- Section 4126 of SAFETEA-LU (49 U.S.C. 31106 note), and the item relating to that section in the table of contents contained in section 1(b) of that Act, are repealed.

(6) SAFETY DATA IMPROVEMENT PROGRAM- Section 4128 of SAFETEA-LU (49 U.S.C. 31100 note), and the item relating to that section in the table of contents contained in section 1(b) of that Act, are repealed.

(7) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS- Section 4134 of SAFETEA-LU (49 U.S.C. 31301 note), and the item relating to that section in the table of contents contained in section 1(b) of that Act, are repealed.

(8) MAINTENANCE OF EFFORT AS CONDITION ON GRANTS TO STATES- Section 103(c) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed.

(9) STATE COMPLIANCE WITH CDL REQUIREMENTS- Section 103(e) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed.

(10) BORDER STAFFING STANDARDS- Section 218(d) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133 note) is amended--

(A) in paragraph (1) by striking `section 31104(f)(2)(B) of title 49, United States Code' and inserting `section 31104(a)(1) of title 49, United States Code'; and

(B) by striking paragraph (3).

(f) Effective Date- The amendments made by this section shall take effect on October 1, 2016.

(g) Transition- Notwithstanding the amendments made by this section, the Secretary shall carry out sections 31102, 31103, 31104 of title 49, United States Code, and any sections repealed under subsection (e), as necessary, as those sections were in effect on the day before October 1, 2016, with respect to applications for grants, cooperative agreements, or contracts under those sections submitted before October 1, 2016.

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

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