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[Senate Report 115-390]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 677
115th Congress      }                          {               Report
                                 SENATE
 2d Session         }                          {               115-390
_______________________________________________________________________

                                     

        DEPARTMENT OF TRANSPORTATION REPORTS HARMONIZATION ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3367

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

               November 27, 2018.--Ordered to be printed
                                   ______

                     U.S. GOVERNMENT PUBLISHING OFFICE 

89-010                      WASHINGTON : 2018

               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred fifteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi         BILL NELSON, Florida
ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada                  TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma            GARY C. PETERS, Michigan
MIKE LEE, Utah                       TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin               TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia  MARGARET WOOD HASSAN, New Hampshire

CORY GARDNER, Colorado               CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana               JON TESTER, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director

                                                      Calendar No. 677
115th Congress      }                          {               Report
                                 SENATE
 2d Session         }                          {               115-390

======================================================================

 
         DEPARTMENT OF TRANSPORTATION REPORTS HARMONIZATION ACT

                                _______
                                

               November 27, 2018.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3367]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3367) to amend certain 
transportation-related reporting requirements to improve 
congressional oversight, reduce reporting burdens, and promote 
transparency, and for other purposes, having considered the 
same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill (as 
amended) do pass.

                          Purpose of the Bill

    The purpose of S. 3367 is to promote transparency and 
reduce reporting burdens by requiring the Department of 
Transportation (DOT) to make certain reports publicly available 
online, eliminating and streamlining certain DOT-related 
reporting requirements, and sunsetting certain Federal advisory 
councils and committees that are, or will be, no longer active.

                          Background and Needs

    DOT, with its surface and maritime transportation 
administrations, currently prepares a significant number of 
reports to be submitted to Congress or otherwise made 
available. For some of these reports, greater public benefit 
could be provided by requiring that such reports, or the 
information contained in them, be made available online--rather 
than simply sent to Congress--to facilitate greater access to 
DOT-related information and data. Further, while many of these 
reports are valuable for congressional oversight and decision-
making, some are duplicative, unnecessary, or outdated, and DOT 
staff resources could be better spent on other duties, 
including addressing safety issues.
    In the Government-wide Burden Reduction Fiscal Year 2019 
Report,\1\ DOT identifies a number of duplicative, unnecessary, 
or outdated reports, making recommendations as to the whether 
the reports should be eliminated or otherwise modified. S. 3367 
would address some of the reports identified by DOT, as well as 
other reports found to benefit from streamlining or 
consolidation. S. 3367 also would update reporting 
requirements, making valuable reports publicly available 
instead of being submitted to Congress.
---------------------------------------------------------------------------
    \1\The Burden Reduction FY 2019 Report (https://
www.performance.gov/elimination/
Final_Burden_Reduction_FY2019_Report.pdf).
---------------------------------------------------------------------------
    Moreover, pursuant to the Federal Advisory Committee 
Act,\2\ DOT also has a number of Federal advisory councils and 
committees, some of which are inactive, defunct, or will be 
unnecessary after certain objectives are achieved. By providing 
sunsets for these Federal advisory councils and committees, DOT 
could sharpen its focus and save resources that otherwise would 
be expended managing such councils and committees. S. 3367 
would provide such sunset dates.
---------------------------------------------------------------------------
    \2\5 U.S.C. App.
---------------------------------------------------------------------------
    In short, S. 3367 initially could save DOT nearly $500,000, 
or approximately 5,000 hours, following enactment through the 
elimination or streamlining of duplicative, unnecessary, or 
outdated reports and the sunset of Federal advisory councils 
and committees. Over the next 10 years, S. 3367 would be 
expected to save approximately $2 million in DOT staff 
resources and other costs.

                         Summary of Provisions

    If enacted, S. 3367 would do the following:
     Increase transparency and ensure that the public 
            has greater access to information compiled by DOT 
            by requiring DOT to make certain reports publicly 
            available online that DOT currently is required to 
            submit to Congress.
     Improve staff resource allocation by reducing 
            certain DOT reporting requirements by reducing the 
            frequency of reports, eliminating reports 
            altogether if that information is otherwise made 
            publicly available or is deemed unnecessary, or 
            consolidating reporting requirements where 
            appropriate.
     Help sharpen agency focus and save resources by 
            setting sunset dates for certain DOT-related 
            Federal advisory councils and committees that are, 
            or will be, no longer active.

                          Legislative History

    S. 3367 was introduced on August 22, 2018, by Senator Thune 
and was referred to the Committee on Commerce, Science, and 
Transportation of the Senate. On September 5, 2018, the 
Committee met in open Executive Session and by voice vote 
ordered 
S. 3367 to be reported favorably with an amendment (in the 
nature of a substitute).

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 3367--Department of Transportation Reports Harmonization Act

    S. 3367 would require various agencies within the 
Department of Transportation (DOT) to make numerous reports 
that they already produce for the Congress publicly available 
on DOT's website. The bill also would require the Federal Rail 
Administration (FRA) within DOT to complete a new analysis on 
the use of federal funds for eliminating hazards where highways 
and railroads intersect.
    Using information from DOT, CBO estimates that the 
department would incur costs of about $50,000 to make the 
reports available on its website. CBO also estimates that it 
would cost FRA about $100,000 a year for the equivalent of one 
full-time employee to produce the required report. As a result, 
CBO estimates that enacting S. 3367 would have no significant 
cost over the 2019-2023 period.
    Enacting S. 3367 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 3367 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 3367 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Sarah Puro. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 3367, as reported, would not create any new programs or 
impose any new regulatory requirements and therefore would not 
subject any individuals or businesses to new regulations.

                            economic impact

    S. 3367, as reported, is not expected to have a negative 
impact on the Nation's economy.

                                privacy

    S. 3367, as reported, is not expected to have an adverse 
impact on the personal privacy of individuals.

                               paperwork

    S. 3367, as reported, would largely reduce paperwork 
requirements for DOT because it would streamline, eliminate, or 
consolidate certain reports.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title.

    This section would provide that the bill may be cited as 
the ``Department of Transportation Reports Harmonization Act.''

Section 2. Effective date.

    This section would establish the effective date for 
sections 6, 8, and 12 of the bill as January 1, 2019. 
Otherwise, the effective date of the bill would be the date of 
enactment.

Section 3. Public availability of charges and fees for attendance at 
        United States Merchant Marine Academy.

    This section would require the Secretary of Transportation 
to post on a publicly available website, and to present at the 
next meeting of the Board of Visitors, changes to charges and 
fees for attendance at the United States Merchant Marine 
Academy. This section would ensure that the public and the 
Board of Visitors, which includes members of the public as well 
as Members of Congress, has direct access to this information. 
Given that this information would be made publicly available, 
this section also would eliminate the requirement for the 
separate notification of Congress.

Section 4. Public availability of information on aligning Federal 
        environmental reviews.

    This section would require the Secretary of Transportation 
to make publicly available on DOT's website its biennial report 
to Congress describing progress on aligning Federal 
environmental reviews and accelerating the environmental review 
and permitting process. This section would ensure greater 
transparency to the public on progress made in achieving these 
objectives.

Section 5. Public availability of information on University 
        Transportation Centers program.

    This section would require the Secretary of Transportation 
to make publicly available on DOT's website its report 
describing the overall process for selecting recipients of 
grants for the University Transportation Centers program, as 
well as its annual report reviewing and evaluating the program. 
This section would ensure public availability of the selection 
process for such grants and the evaluations of funded programs. 
Given that this information would be made publicly available, 
this section also would eliminate the requirement that the 
Secretary submit to Congress annual reports reviewing and 
evaluating the program.

Section 6. Public availability of reports by Inspector General of 
        Department of Transportation.

    This section would require the following: (1) the Secretary 
of Transportation to make publicly available a list of 
statutory mandates, regarding pipeline safety or hazardous 
materials safety that have not yet been implemented, by either 
posting the list on DOT's website or including the list in the 
regulatory flexibility agenda or a regulatory planning 
document; and (2) the Inspector General to make publicly 
available on its website a list of its relevant open safety 
recommendations. This section also would eliminate the 
requirement that the Secretary of Transportation submit a 
report to Congress on the actions taken to implement DOT Office 
of Inspector General and National Transportation Safety Board 
(NTSB) safety recommendations, which would be available online. 
It also would eliminate a reporting requirement on unmet 
statutory mandates, given that the Secretary of Transportation 
already is required to make publicly available on DOT's website 
the status of final rules for certain outstanding regulations, 
and notify Congress once such rules are published,\3\ and 
include in its public regulatory planning documents a list of 
regulatory actions under development.
---------------------------------------------------------------------------
    \3\Section 3 of the PIPES Act of 2016 (P.L. 114-183; 130 Stat. 
514).
---------------------------------------------------------------------------

Section 7. Public availability of Secretary of Transportation's 
        responses to safety recommendations.

    This section would require NTSB to make its 
recommendations, the Secretary of Transportation's responses to 
these recommendations, and the status of implementation of each 
recommendation publicly available on NTSB's website. Current 
law only requires NTSB to make each recommendation and response 
available to the public at reasonable cost. Given that this 
information would be publicly available, largely tracking with 
NTSB's current practices, this section would eliminate the 
requirement that the Secretary of Transportation report to 
Congress and NTSB on the status of each recommendation on 
NTSB's ``Most Wanted List.'' This section also would clarify 
that the annual report on NTSB activities--including a list of 
open recommendations from the prior year that still require a 
response from the Secretary and the most recent observed 
response from the Secretary--may be submitted as part of the 
agency's budget request or in a report to Congress.

Section 8. Consistency in response requirements to NTSB safety 
        recommendations.

    This section would eliminate the requirement that the 
Secretary of Transportation, Administrator of Pipeline and 
Hazardous Materials Safety Administration, or Director of the 
Office of Pipeline Safety submit responses to NTSB's 
recommendations related to pipeline safety from the prior year 
in a report to Congress. As explained above, section 7 would 
require NTSB to make such responses publicly available on its 
website, thus eliminating the need for this information to be 
provided in a report to Congress.

Section 9. Streamlined Reporting for National Maritime Heritage Grants 
        Program.

    This section would require the Secretary of Interior to 
include in the Department of the Interior annual budget a 
description of the National Maritime Heritage Grants program 
and would eliminate a requirement that the Secretary of 
Interior submit an annual report to Congress providing the 
same.

Section 10. Periodic updates to highway-rail crossings reports and 
        plans.

    This section would require the Administrator of the Federal 
Railroad Administration, in consultation with the Federal 
Highway Administration, to report to Congress every 5 years on 
the progress being made by States to improve railway-highway 
crossings. This section would consolidate under section 20167 
of title 49, United States Code, reporting requirements from 
section 130 of title 23, United States Code, and section 11401 
of the Fixing America's Surface Transportation Act.\4\
---------------------------------------------------------------------------
    \4\49 U.S.C. 24407 note.
---------------------------------------------------------------------------

Section 11. Updates to hazardous materials grant programs and reports.

    This section would require the Secretary of Transportation 
to make information on hazardous materials grant programs 
publicly available on DOT's website and would eliminate a 
requirement that the Secretary submit a report to Congress on 
such matters.
    This section also would require the Secretary of 
Transportation to make publicly available on DOT's website the 
following: (1) a statistical compilation of accidents and 
casualties; (2) information on special permits; and (3) a list 
and summary of Government regulations, criteria, orders, 
guidance and special permits relating to the transportation of 
hazardous materials. Currently, DOT is required to prepare, and 
make publicly available on its website, a report to be updated 
every 2 years that includes this information. This section also 
would expand the information reported by DOT related to 
guidance--which, for example, could include policy statements, 
non-confidential letters, frequently asked questions, written 
interpretations, and third-party standards developed under DOT 
delegated authority--and would eliminate the requirement that 
the Secretary prepare a specific report containing this 
information.
    Finally, this section would require the Secretary of 
Transportation to include certain information on enforcement 
and outstanding problems related to the transportation of 
hazardous materials in DOT's annual budget instead of including 
this information in the report mentioned above.

Section 12. Eliminating unnecessary reporting requirements for the 
        Regional Infrastructure Accelerator Demonstration Program.

    This section would make the requirement that the Secretary 
of Transportation report to Congress on the Regional 
Infrastructure Accelerator Program contingent upon funds being 
made available to carry out the program.

Section 13. Consolidated reporting on statutory mandates and 
        recommendations.

    This section would require the Secretary of Transportation 
to make publicly available online, or in the regulatory 
flexibility agenda or in a regulatory planning document, a 
description of the actions taken to implement unmet statutory 
mandates on railroad safety. Given that regulatory progress 
would be captured in these public regulatory planning 
documents, or otherwise be made available to the public, this 
section would eliminate the requirement that the Secretary 
submit a report to Congress describing such actions, as well as 
information on open safety recommendations made by NTSB's or 
DOT's Office of Inspector General, which would be made 
available online pursuant to sections 6 and 7.

Section 14. Reporting on the Northeast Corridor.

    This section would require Amtrak, which controls the 
infrastructure on most of the Northeast Corridor main line and 
operates over such line, to include in its annual grant request 
for the Northeast Corridor an update on the status of efforts 
to improve safety and security on the Northeast Corridor main 
line. This section would accordingly eliminate the requirement 
that the Secretary of Transportation submit a report to 
Congress providing this information.

Section 15. In-vehicle alcohol detection device research report.

    This section would require the Administrator of the 
National Highway Traffic Safety Administration to provide a 
biennial report to the appropriate committees of Congress on 
the research effort on in-vehicle technology to prevent 
alcohol-impaired driving. Since the program is transitioning 
from the research stage to on-road pilots and deployment, an 
annual report focused on research is no longer necessary.

Section 16. Highway safety programs report to Congress.

    This section would eliminate the requirement that the 
Secretary of Transportation report biennially to Congress on 
each State's highway safety plan and instead require the 
Secretary to make more updated information about each State's 
performance publicly available online. This section also would 
direct the Comptroller General of the United States to conduct 
a review of the highway safety programs and submit a report of 
its findings to the relevant committees.

Section 17. Waiver notification and annual reports.

    This section would require the Secretary of Transportation 
to make available on DOT's website an annual report on any 
waivers granted under the Buy America requirements.

Section 18. Cessation of certain advisory councils and advisory 
        committees.

    This section would sunset the Advisory Council on 
Transportation Statistics and the National Rail Cooperative 
Research Program Oversight Committee on January 1, 2019. This 
section also would sunset the Northeast Corridor Safety 
Committee on the date the Secretary of Transportation makes a 
determination that positive train control has been fully 
implemented along the Northeast Corridor.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                           TITLE 23. HIGHWAYS

                     CHAPTER 1. FEDERAL-AID HIGHWAYS

Sec. 130. Railway-highway crossings

  (a) * * *
  [(g) Annual Report.--Each State shall report to the Secretary 
not later than December 30 of each year on the progress being 
made to implement the railway-highway crossings program 
authorized by this section and the effectiveness of such 
improvements. Each State report shall contain an assessment of 
the costs of the various treatments employed and subsequent 
accident experience at improved locations. The Secretary shall 
submit a report to the Committee on Environment and Public 
Works and the Committee on Commerce, Science, and 
Transportation, of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives, not later than April 1, 2006, and every 2 
years thereafter,, on the progress being made by the State in 
implementing projects to improve railway-highway crossings. The 
report shall include, but not be limited to, the number of 
projects undertaken, their distribution by cost range, road 
system, nature of treatment, and subsequent accident experience 
at improved locations. In addition, the Secretary's report 
shall analyze and evaluate each State program, identify any 
State found not to be in compliance with the schedule of 
improvements required by subsection (d) and include 
recommendations for future implementation of the railroad 
highway crossings program.]
  (g) Annual Report.--
          (1) In general.--Not later than December 30 of each 
        year, each State shall submit to the Administrator of 
        the Federal Highway Administration a report on the 
        progress being made to implement the railway-highway 
        crossings program authorized by this section and the 
        effectiveness of such improvements.
          (2) Contents.--Each State report shall contain an 
        assessment of the costs of the various treatments 
        employed and subsequent accident experience at improved 
        locations.
          (3) Coordination.--The Administrator of the Federal 
        Highway Administration shall make available to the 
        Administrator of the Federal Railroad Administration 
        each report submitted under paragraph (1).
  (h) Use of Funds for Matching.--Funds authorized to be 
appropriated to carry out this section may be used to provide a 
local government with funds to be used on a matching basis when 
State funds are available which may only be spent when the 
local government produces matching funds for the improvement of 
railway-highway crossings.
  (i) Incentive Payments for At-grade Crossing Closures.--
          (1) In general.--Notwithstanding any other provision 
        of this section and subject to paragraphs (2) and (3), 
        a State may, from sums available to the State under 
        this section, make incentive payments to local 
        governments in the State upon the permanent closure by 
        such governments of public at-grade railway-highway 
        crossings under the jurisdiction of such governments.
          (2) Incentive payments by railroads.--A State may not 
        make an incentive payment under paragraph (1) to a 
        local government with respect to the closure of a 
        crossing unless the railroad owning the tracks on which 
        the crossing is located makes an incentive payment to 
        the government with respect to the closure.
          (3) Amount of state payment.--The amount of the 
        incentive payment payable to a local government by a 
        State under paragraph (1) with respect to a crossing 
        may not exceed the lesser of--
                  (A) the amount of the incentive payment paid 
                to the government with respect to the crossing 
                by the railroad concerned under paragraph (2); 
                or
                  (B) $7,500.
          (4) Use of state payments.--A local government 
        receiving an incentive payment from a State under 
        paragraph (1) shall use the amount of the incentive 
        payment for transportation safety improvements.
  (j) Bicycle Safety.--In carrying out projects under this 
section, a State shall take into account bicycle safety.
  (k) Expenditure of Funds.--Not more than 2 percent of funds 
apportioned to a State to carry out this section may be used by 
the State for compilation and analysis of data in support of 
activities carried out under subsection (g).
  (l) National Crossing Inventory.--
          (1) Initial reporting of crossing information.--Not 
        later than 1 year after the date of enactment of the 
        Rail Safety Improvement Act of 2008 or within 6 months 
        of a new crossing becoming operational, whichever 
        occurs later, each State shall report to the Secretary 
        of Transportation current information, including 
        information about warning devices and signage, as 
        specified by the Secretary, concerning each previously 
        unreported public crossing located within its borders.
          (2) Periodic updating of crossing information.--On a 
        periodic basis beginning not later than 2 years after 
        the date of enactment of the Rail Safety Improvement 
        Act of 2008 and on or before September 30 of every year 
        thereafter, or as otherwise specified by the Secretary, 
        each State shall report to the Secretary current 
        information, including information about warning 
        devices and signage, as specified by the Secretary, 
        concerning each public crossing located within its 
        borders.

                        CHAPTER 4. HIGHWAY SAFETY

Sec. 402. Highway safety programs

  (a) * * *
  [(n) Biennial Report to Congress.--Not later than October 1, 
2015, and biennially thereafter, 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 that contains--
          [(1) an evaluation of each State's performance with 
        respect to the State's highway safety plan under 
        subsection (k) and performance targets set by the 
        States in such plans; and
          [(2) such recommendations as the Secretary may have 
        for improvements to activities carried out under 
        subsection (k).]
  (n) Public Transparency.--The Secretary shall publicly 
release on its website information that contains each State's 
performance with respect to the State's highway safety plan 
under subsection (k) and performance targets set by the States 
in such plans. Such information shall be posted on the website 
within 45 calendar days of approval of a State's highway safety 
plan.

Sec. 403. Highway safety research and development

  (a) * * *
  (f) Cooperative Research and Evaluation.--
          (1) Establishment and funding.--Notwithstanding the 
        apportionment formula set forth in section 402(c)(2), 
        $2,500,000 of the total amount available for 
        apportionment to the States for highway safety programs 
        under [subsection 402(c)] section 402(c) in each fiscal 
        year ending before October 1, 2015, and $443,989 of the 
        total amount available for apportionment to the States 
        for highway safety programs under section 402(c) in the 
        period beginning on October 1, 2015, and ending on 
        December 4, 2015, shall be available for expenditure by 
        the Secretary, acting through the Administrator of the 
        National Highway Traffic Safety Administration, for a 
        cooperative research and evaluation program to research 
        and evaluate priority highway safety countermeasures.
          (2) Administration.--The program established under 
        paragraph (1)--
                  (A) shall be administered by the 
                Administrator of the National Highway Traffic 
                Safety Administration; and
                  (B) shall be jointly managed by the Governors 
                Highway Safety Association and the National 
                Highway Traffic Safety Administration.
  (g) International Cooperation.--The Administrator of the 
National Highway Traffic Safety Administration may participate 
and cooperate in international activities to enhance highway 
safety.
  (h) In-vehicle Alcohol Detection Device Research.--
          (1) In general.--The Administrator of the National 
        Highway Traffic Safety Administration shall carry out a 
        collaborative research effort under chapter 301 of 
        title 49 on in-vehicle technology to prevent alcohol-
        impaired driving.
          (2) Funding.--The Secretary shall obligate from funds 
        made available to carry out this section for the period 
        covering fiscal years 2017 through 2020 not more than 
        $21,248,000 to conduct the research described in 
        paragraph (1).
          (3) Privacy protection.--The Administrator shall not 
        develop requirements for any device or means of 
        technology to be installed in an automobile intended 
        for retail sale that records a driver's blood alcohol 
        concentration.
          (4) Reports.--The Administrator shall [submit an 
        annual report] submit a biennial report to the 
        Committee on Commerce, Science, and Transportation of 
        the Senate, the Committee on Transportation and 
        Infrastructure of the House of Representatives, and 
        Committee on Science, Space, and Technology of the 
        House of Representatives that--
                  (A) describes the progress made in carrying 
                out the collaborative research effort; and
                  (B) includes an accounting for the use of 
                Federal funds obligated or expended in carrying 
                out that effort.
          (5) Definitions.--In this subsection:
                  (A) Alcohol-impaired driving.--The term 
                ``alcohol-impaired driving'' means the 
                operation of a motor vehicle (as defined in 
                section 30102(a)(6) of title 49) by an 
                individual whose blood alcohol content is at or 
                above the legal limit.
                  (B) Legal limit.--The term ``legal limit'' 
                means a blood alcohol concentration of 0.08 
                percent or greater (as set forth in section 
                163(a)) or such other percentage limitation as 
                may be established by applicable Federal, 
                State, or local law.
  (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.

                           TITLE 46. SHIPPING

                       SUBTITLE V. MERCHANT MARINE

                     PART B. MERCHANT MARINE SERVICE

           CHAPTER 513. UNITED STATES MERCHANT MARINE ACADEMY

Sec. 51314. Limitation on charges and fees for attendance

  (a) Prohibition.--Except as provided in subsection (b), no 
charge or fee for tuition, room, or board for attendance at the 
United States Merchant Marine Academy may be imposed unless the 
charge or fee is specifically authorized by a law enacted after 
October 5, 1994.
  (b) Exception.--The prohibition specified in subsection (a) 
does not apply with respect to any item or service provided to 
cadets for which a charge or fee is imposed as of October 5, 
1994, or for calculators, computers, personal and academic 
supplies, midshipman services such as barber, tailor, or 
laundry services, and Coast Guard license fees. The Secretary 
of Transportation [shall notify Congress of] shall present at 
the next meeting of the Board of Visitors,  and post on a 
publicly available website, any change made by the Academy in 
the amount of a charge or fee authorized under this subsection. 
Such fees shall be credited to the Maritime Administration's 
Operations and Training appropriation, to remain available 
until expended, for those expenses directly related to the 
purposes of the fees. Fees collected in excess of actual 
expenses may be refunded to the Midshipmen through a mechanism 
approved by the Secretary. The Academy shall maintain a 
separate and detailed accounting of fee revenue and all 
associated expenses.

                        TITLE 49. TRANSPORTATION

                SUBTITLE I. DEPARTMENT OF TRANSPORTATION

                  CHAPTER 3. GENERAL DUTIES AND POWERS

         SUBCHAPTER I. DUTIES OF THE SECRETARY OF TRANSPORTATION

Sec. 310. Aligning Federal environmental reviews

  (a) * * *
  (f) Reports.--
          (1) Report to congress.--Not later than 2 years after 
        the date of enactment of this section and biennially 
        thereafter, the Secretary of Transportation shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that describes--
                  (A) progress in aligning Federal 
                environmental reviews under this section; and
                  (B) the impact this section has had on 
                accelerating the environmental review and 
                permitting process.
          (2) Inspector general report.--Not later than 3 years 
        after the date of enactment of this section, the 
        Inspector General of the Department of Transportation 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, and make publicly available on the 
        Department of Transportation website, a report that 
        describes--
                  (A) progress in aligning Federal 
                environmental reviews under this section; and
                  (B) the impact this section has had on 
                accelerating the environmental review and 
                permitting process.
  (g) Savings Provision.--This section shall not apply to any 
project subject to section 139 of title 23.

                 SUBTITLE II. OTHER GOVERNMENT AGENCIES

            CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

             SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE

[Sec. 1117. Annual report

  [The National Transportation Safety Board shall submit a 
report to Congress on July 1 of each year. The report shall 
include--
          [(1) a statistical and analytical summary of the 
        transportation accident investigations conducted and 
        reviewed by the Board during the prior calendar year;
          [(2) a survey and summary of the recommendations made 
        by the Board to reduce the likelihood of recurrence of 
        those accidents together with the observed response to 
        each recommendation;
          [(3) a detailed appraisal of the accident 
        investigation and accident prevention activities of 
        other departments, agencies, and instrumentalities of 
        the United States Government and State and local 
        governmental authorities having responsibility for 
        those activities under a law of the United States or a 
        State;
          [(4) a description of the activities and operations 
        of the National Transportation Safety Board Academy 
        during the prior calendar year;
          [(5) a list of accidents, during the prior calendar 
        year, that the Board was required to investigate under 
        section 1131 but did not investigate and an explanation 
        of why they were not investigated; and
          [(6) a list of ongoing investigations that have 
        exceeded the expected time allotted for completion by 
        Board order and an explanation for the additional time 
        required to complete each such investigation.]

Sec. 1117. Annual report

  (a) In General.--The National Transportation Safety Board 
shall submit the information described in subsection (b)--
          (1) in a report to Congress on July 1 of each year; 
        or
          (2) as part of its annual budget.
  (b) Contents.--The information described in this subsection 
includes--
          (1) a statistical and analytical summary of the 
        transportation accident investigations conducted and 
        reviewed by the Board during the prior calendar year;
          (2)(A) a survey and summary of the recommendations 
        made by the Board to reduce the likelihood of 
        recurrence of those accidents together with the 
        observed response to each recommendation; and
          (B) an appendix that includes, for each 
        recommendation that was made by the Board, remains 
        open, and requires a response from the Secretary, the 
        most recent observed response from the Secretary to 
        such recommendation;
          (3) a detailed appraisal of the accident 
        investigation and accident prevention activities of 
        other departments, agencies, and instrumentalities of 
        the United States Government and State and local 
        governmental authorities having responsibility for 
        those activities under a law of the United States or a 
        State;
          (4) a description of the activities and operations of 
        the National Transportation Safety Board Academy during 
        the prior calendar year;
          (5) a list of accidents, during the prior calendar 
        year, that the Board was required to investigate under 
        section 1131 but did not investigate and an explanation 
        of why they were not investigated; and
          (6) a list of ongoing investigations that have 
        exceeded the expected time allotted for completion by 
        Board order and an explanation for the additional time 
        required to complete each such investigation.

                        SUBCHAPTER III. AUTHORITY

Sec. 1135. Secretary of Transportation's responses to safety 
                    recommendations

  [(a) General.--When the National Transportation Safety Board 
submits a recommendation about transportation safety to the 
Secretary of Transportation, the Secretary shall give to the 
Board a formal written response to each recommendation not 
later than 90 days after receiving the recommendation. The 
response shall indicate whether the Secretary intends--
          [(1) to carry out procedures to adopt the complete 
        recommendation;
          [(2) to carry out procedures to adopt a part of the 
        recommendation; or
          [(3) to refuse to carry out procedures to adopt the 
        recommendation.]
  (a) Safety Transportation Recommendations.--
          (1) In general.--Not later than 90 days after the 
        date that the Secretary of Transportation receives a 
        recommendation about transportation safety from the 
        National Transportation Safety Board, the Secretary 
        shall submit to the Board a formal written response to 
        the recommendation.
          (2) Contents.--Each response under paragraph (1) 
        shall indicate whether the Secretary intends--
                  (A) to carry out procedures to adopt the 
                complete recommendation;
                  (B) to carry out procedures to adopt a part 
                of the recommendation; or
                  (C) to refuse to carry out procedures to 
                adopt the recommendation.
  [(b) Timetable for Completing Procedures and Reasons for 
Refusals.--A response under subsection (a)(1) or (2) of this 
section shall include a copy of a proposed timetable for 
completing the procedures. A response under subsection (a)(2) 
of this section shall detail the reasons for the refusal to 
carry out procedures on the remainder of the recommendation. A 
response under subsection (a)(3) of this section shall detail 
the reasons for the refusal to carry out procedures.]
  (b) Timetable for Completing Procedures and Reasons for 
Refusals.--A response under--
          (1) subparagraph (B) or subparagraph (C) of 
        subsection (a)(2) shall include a copy of a proposed 
        timetable for completing the procedures;
          (2) subsection (a)(2)(B) shall detail the reasons for 
        the refusal to carry out procedures on the remainder of 
        the recommendation; and
          (3) subsection (a)(2)(C) shall detail the reasons for 
        the refusal to carry out procedures.
  (c) Public Availability.--The Board shall make [a copy of 
each recommendation and response available to the public at 
reasonable cost]  a response under subparagraph (B) or 
subparagraph (C) of subsection (a)(2).
  (d) Annual Report on Air Carrier Safety Recommendations.--
          (1) In general.--The Secretary shall submit to 
        Congress and the Board, on an annual basis, a report on 
        the recommendations made by the Board to the Secretary 
        regarding air carrier operations conducted under part 
        121 of title 14, Code of Federal Regulations.
          (2) Recommendations to be covered.--The report shall 
        cover--
                  (A) any recommendation for which the 
                Secretary has developed, or intends to develop, 
                procedures to adopt the recommendation or part 
                of the recommendation, but has yet to complete 
                the procedures; and
                  (B) any recommendation for which the 
                Secretary, in the preceding year, has issued [a 
                response under subsection (a)(2) or (a)(3)] a 
                response under subparagraph (B) or subparagraph 
                (C) of subsection (a)(2) refusing to carry out 
                all or part of the procedures to adopt the 
                recommendation.
          (3) Contents.--
                  (A) Plans to adopt recommendations.--For each 
                recommendation of the Board described in 
                paragraph (2)(A), the report shall contain--
                          (i) a description of the 
                        recommendation;
                          (ii) a description of the procedures 
                        planned for adopting the recommendation 
                        or part of the recommendation;
                          (iii) the proposed date for 
                        completing the procedures; and
                          (iv) if the Secretary has not met a 
                        deadline contained in a proposed 
                        timeline developed in connection with 
                        the recommendation under subsection 
                        (b), an explanation for not meeting the 
                        deadline.
                  (B) Refusals to adopt recommendations.--For 
                each recommendation of the Board described in 
                paragraph (2)(B), the report shall contain--
                          (i) a description of the 
                        recommendation; and
                          (ii) a description of the reasons for 
                        the refusal to carry out all or part of 
                        the procedures to adopt the 
                        recommendation.
  [(e) Reporting Requirements.--
          [(1) Annual secretarial regulatory status reports.--
        On February 1 of each year, the Secretary shall submit 
        a report to Congress and the Board containing the 
        regulatory status of each recommendation made by the 
        Board to the Secretary (or to an Administration within 
        the Department of Transportation) that is on the 
        Board's ``most wanted list''. The Secretary shall 
        continue to report on the regulatory status of each 
        such recommendation in the report due on February 1 of 
        subsequent years until final regulatory action is taken 
        on that recommendation or the Secretary (or an 
        Administration within the Department) determines and 
        states in such a report that no action should be taken.
          [(2) Failure to report.--If on March 1 of each year 
        the Board has not received the Secretary's report 
        required by this subsection, the Board shall notify the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate of the 
        Secretary's failure to submit the required report.
          [(3) Compliance report with recommendations.--Within 
        90 days after the date on which the Secretary submits a 
        report under this subsection, the Board shall review 
        the Secretary's report and transmit comments on the 
        report to the Secretary, the Committee on Commerce, 
        Science, and Transportation of the Senate, and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives.]

              SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS

            CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL

Sec. 5116. Planning and training grants, monitoring, and review

  (a) * * *
  [(j) Reports.--The Secretary shall submit an annual report to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate and make available the report to 
the public. The report submitted under this subsection shall 
include information on the allocation and uses of the planning 
and training grants under subsection (a) and grants under 
subsection (i) of this section and under subsections (e) and 
(i) of section 5107. The report submitted under this subsection 
shall identify the ultimate recipients of such grants and 
include--
          [(1) a detailed accounting and description of each 
        grant expenditure by each grant recipient, including 
        the amount of, and purpose for, each expenditure;
          [(2) the number of persons trained under the grant 
        program, by training level;
          [(3) an evaluation of the efficacy of such planning 
        and training programs; and
          [(4) any recommendations the Secretary may have for 
        improving such grant programs.]
  (j) List of Grants.--
          (1) In general.--Not later than 120 days after the 
        date of enactment of the Department of Transportation 
        Reports Harmonization Act, and annually thereafter, the 
        Secretary shall--
                  (A) compile a list of the grants made--
                          (i) under subsections (a) and (i) of 
                        this section; and
                          (ii) under subsections (e) and (i) of 
                        section 5107; and
                  (B) make the list publicly available on the 
                Department of Transportation website, 
                including--
                          (i) the identity of all final 
                        recipients of such grants;
                          (ii) the allocation and uses of such 
                        grants; and
                          (iii) information on the effects of 
                        such grants, such as the number of 
                        persons trained, by training level.

Sec. 5117. Special permits and exclusions

  (a) * * *
  [(g) Disclosure of Final Action.--The Secretary shall 
periodically, but at least every 120 days--
          [(1) publish in the Federal Register notice of the 
        final disposition of each application for a new special 
        permit, modification to an existing special permit, or 
        approval during the preceding quarter; and
          [(2) make available to the public on the Department 
        of Transportation's Internet Web site notice of the 
        final disposition of any other special permit during 
        the preceding quarter.]
  (g) Disclosure of Agency Action.--The Secretary shall--
          (1) periodically, but at least every 120 days--
                  (A) publish in the Federal Register notice of 
                the final disposition of each application for a 
                new special permit, modification to an existing 
                special permit, or approval during the 
                preceding quarter; and
                  (B) make available to the public on the 
                Department of Transportation website--
                          (i) notice of the final disposition 
                        of any other special permit during the 
                        preceding quarter;
                          (ii) a list of special permits in 
                        effect; and
                          (iii) a summary of the basis for each 
                        special permit; and
          (2) make available to the public on the Department of 
        Transportation website, and update at least biennially, 
        a list and summary of applicable Government 
        regulations, criteria, orders, guidance, and special 
        permits relating to the transportation of hazardous 
        materials.

Sec. 5121. Administrative

  (a) * * *
  [(h) Report.--The Secretary shall, once every 2 years, 
prepare and make available to the public on the Department of 
Transportation's Internet Web site a comprehensive report on 
the transportation of hazardous materials during the preceding 
2 calendar years. The report shall include--
          [(1) a statistical compilation of accidents and 
        casualties related to the transportation of hazardous 
        material;
          [(2) a list and summary of applicable Government 
        regulations, criteria, orders, and special permits;
          [(3) a summary of the basis for each special permit;
          [(4) an evaluation of the effectiveness of 
        enforcement activities relating to a function regulated 
        by the Secretary under section 5103(b)(1) and the 
        degree of voluntary compliance with regulations;
          [(5) a summary of outstanding problems in carrying 
        out this chapter in order of priority; and
          [(6) recommendations for appropriate legislation.]
  (h) Compilation of Accidents and Casualties.--The Secretary 
shall make publicly available on the Department of 
Transportation website, and update at least biennially, a 
statistical compilation of accidents and casualties related to 
the transportation of hazardous material.
  (i) Budget Submission.--The Secretary shall include in the 
annual budget submission of the Department of Transportation--
          (1) an evaluation of the effectiveness of enforcement 
        activities relating to a function regulated by the 
        Secretary under section 5103(b)(1); and
          (2) a summary of outstanding problems in carrying out 
        this chapter, in order of priority.

                  CHAPTER 55. INTERMODAL TRANSPORTATION

                          SUBCHAPTER I. GENERAL

Sec. 5505. University transportation centers program

  (a) University Transportation Centers Program.--
          (1) Establishment and operation.--The Secretary shall 
        make grants under this section to eligible nonprofit 
        institutions of higher education to establish and 
        operate university transportation centers.
          (2) Role of centers.--The role of each university 
        transportation center referred to in paragraph (1) 
        shall be--
                  (A) to advance transportation expertise and 
                technology in the varied disciplines that 
                comprise the field of transportation through 
                education, research, and technology transfer 
                activities;
                  (B) to provide for a critical transportation 
                knowledge base outside of the Department of 
                Transportation; and
                  (C) to address critical workforce needs and 
                educate the next generation of transportation 
                leaders.
  (b) Competitive Selection Process.--
          (1) Applications.--To receive a grant under this 
        section, a consortium of nonprofit institutions of 
        higher education shall submit to the Secretary an 
        application that is in such form and contains such 
        information as the Secretary may require.
          (2) Restriction.--
                  (A) Limitation.--A lead institution of a 
                consortium of nonprofit institutions of higher 
                education, as applicable, may only receive 1 
                grant per fiscal year for each of the 
                transportation centers described under 
                paragraphs (2), (3), and (4) of subsection (c).
                  (B) Exception for consortium members that are 
                not lead institutions.--Subparagraph (A) shall 
                not apply to a nonprofit institution of higher 
                education that is a member of a consortium of 
                nonprofit institutions of higher education but 
                not the lead institution of such consortium.
          (3) Coordination.--The Secretary shall solicit grant 
        applications for national transportation centers, 
        regional transportation centers, and Tier 1 university 
        transportation centers with identical advertisement 
        schedules and deadlines.
          (4) General selection criteria.--
                  (A) In general.--Except as otherwise provided 
                by this section, the Secretary shall award 
                grants under this section in nonexclusive 
                candidate topic areas established by the 
                Secretary that address the research priorities 
                identified in chapter 65.
                  (B) Criteria.--The Secretary, in consultation 
                with the Assistant Secretary for Research and 
                Technology and the Administrator of the Federal 
                Highway Administration and other modal 
                administrations as appropriate, shall select 
                each recipient of a grant under this section 
                through a competitive process based on the 
                assessment of the Secretary relating to--
                          (i) the demonstrated ability of the 
                        recipient to address each specific 
                        topic area described in the research 
                        and strategic plans of the recipient;
                          (ii) the demonstrated research, 
                        technology transfer, and education 
                        resources available to the recipient to 
                        carry out this section;
                          (iii) the ability of the recipient to 
                        provide leadership in solving immediate 
                        and long-range national and regional 
                        transportation problems;
                          (iv) the ability of the recipient to 
                        carry out research, education, and 
                        technology transfer activities that are 
                        multimodal and multidisciplinary in 
                        scope;
                          (v) the demonstrated commitment of 
                        the recipient to carry out 
                        transportation workforce development 
                        programs through--
                                  (I) degree-granting programs 
                                or programs that provide other 
                                industry-recognized 
                                credentials; and
                                  (II) outreach activities to 
                                attract new entrants into the 
                                transportation field, including 
                                women and underrepresented 
                                populations;
                          (vi) the demonstrated ability of the 
                        recipient to disseminate results and 
                        spur the implementation of 
                        transportation research and education 
                        programs through national or statewide 
                        continuing education programs;
                          (vii) the demonstrated commitment of 
                        the recipient to the use of peer review 
                        principles and other research best 
                        practices in the selection, management, 
                        and dissemination of research projects;
                          (viii) the strategic plan submitted 
                        by the recipient describing the 
                        proposed research to be carried out by 
                        the recipient and the performance 
                        metrics to be used in assessing the 
                        performance of the recipient in meeting 
                        the stated research, technology 
                        transfer, education, and outreach 
                        goals; and
                          (ix) the ability of the recipient to 
                        implement the proposed program in a 
                        cost-efficient manner, such as through 
                        cost sharing and overall reduced 
                        overhead, facilities, and 
                        administrative costs.
          (5) Transparency.--
                  (A) In general.--The Secretary shall provide 
                to each applicant, upon request, any materials, 
                including copies of reviews (with any 
                information that would identify a reviewer 
                redacted), used in the evaluation process of 
                the proposal of the applicant.
                  (B) Reports.--The Secretary shall submit to 
                the Committees on Transportation and 
                Infrastructure and Science, Space, and 
                Technology of the House of Representatives and 
                the Committee on Environment and Public Works 
                of the Senate, and make publicly available on 
                the Department of Transportation website, a 
                report describing the overall review process 
                under paragraph (4) that includes--
                          (i) specific criteria of evaluation 
                        used in the review;
                          (ii) descriptions of the review 
                        process; and
                          (iii) explanations of the selected 
                        awards.
          (6) Outside stakeholders.--The Secretary shall, to 
        the maximum extent practicable, consult external 
        stakeholders, including the Transportation Research 
        Board of the National Research Council of the National 
        Academies, to evaluate and competitively review all 
        proposals.
  (c) Grants.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this section, the Secretary shall 
        select grant recipients under subsection (b) and make 
        grant amounts available to the selected recipients.
          (2) National transportation centers.--
                  (A) In general.--Subject to subparagraph (B), 
                the Secretary shall provide grants to 5 
                consortia that the Secretary determines best 
                meet the criteria described in subsection 
                (b)(4).
                  (B) Restrictions.--
                          (i) In general.--For each fiscal 
                        year, a grant made available under this 
                        paragraph shall be not greater than 
                        $4,000,000 and not less than $2,000,000 
                        per recipient.
                          (ii) Focused research.--A consortium 
                        receiving a grant under this paragraph 
                        shall focus research on 1 of the 
                        transportation issue areas specified in 
                        section 6503(c).
                  (C) Matching requirement.--
                          (i) In general.--As a condition of 
                        receiving a grant under this paragraph, 
                        a grant recipient shall match 100 
                        percent of the amounts made available 
                        under the grant.
                          (ii) Sources.--The matching amounts 
                        referred to in clause (i) may include 
                        amounts made available to the recipient 
                        under--
                                  (I) section 504(b) of title 
                                23; or
                                  (II) section 505 of title 23.
          (3) Regional university transportation centers.--
                  (A) Location of regional centers.--One 
                regional university transportation center shall 
                be located in each of the 10 Federal regions 
                that comprise the Standard Federal Regions 
                established by the Office of Management and 
                Budget in the document entitled ``Standard 
                Federal Regions'' and dated April 1974 
                (circular A-105).
                  (B) Selection criteria.--In conducting a 
                competition under subsection (b), the Secretary 
                shall provide grants to 10 consortia on the 
                basis of--
                          (i) the criteria described in 
                        subsection (b)(4);
                          (ii) the location of the lead center 
                        within the Federal region to be served; 
                        and
                          (iii) whether the consortium of 
                        institutions demonstrates that the 
                        consortium has a well-established, 
                        nationally recognized program in 
                        transportation research and education, 
                        as evidenced by--
                                  (I) recent expenditures by 
                                the institution in highway or 
                                public transportation research;
                                  (II) a historical track 
                                record of awarding graduate 
                                degrees in professional fields 
                                closely related to highways and 
                                public transportation; and
                                  (III) an experienced faculty 
                                who specialize in professional 
                                fields closely related to 
                                highways and public 
                                transportation.
                  (C) Restrictions.--For each fiscal year, a 
                grant made available under this paragraph shall 
                be not greater than $3,000,000 and not less 
                than $1,500,000 per recipient.
                  (D) Matching requirements.--
                          (i) In general.--As a condition of 
                        receiving a grant under this paragraph, 
                        a grant recipient shall match 100 
                        percent of the amounts made available 
                        under the grant.
                          (ii) Sources.--The matching amounts 
                        referred to in clause (i) may include 
                        amounts made available to the recipient 
                        under--
                                  (I) section 504(b) of title 
                                23; or
                                  (II) section 505 of title 23.
                  (E) Focused research.--The Secretary shall 
                make a grant to 1 of the 10 regional university 
                transportation centers established under this 
                paragraph for the purpose of furthering the 
                objectives described in subsection (a)(2) in 
                the field of comprehensive transportation 
                safety, congestion, connected vehicles, 
                connected infrastructure, and autonomous 
                vehicles.
          (4) Tier 1 university transportation centers.--
                  (A) In general.--The Secretary shall provide 
                grants of not greater than $2,000,000 and not 
                less than $1,000,000 to not more than 20 
                recipients to carry out this paragraph.
                  (B) Matching requirement.--
                          (i) In general.--As a condition of 
                        receiving a grant under this paragraph, 
                        a grant recipient shall match 50 
                        percent of the amounts made available 
                        under the grant.
                          (ii) Sources.--The matching amounts 
                        referred to in clause (i) may include 
                        amounts made available to the recipient 
                        under--
                                  (I) section 504(b) of title 
                                23; or
                                  (II) section 505 of title 23.
                  (C) Focused research.--In awarding grants 
                under this section, consideration shall be 
                given to minority institutions, as defined by 
                section 365 of the Higher Education Act of 1965 
                (20 U.S.C. 1067k), or consortia that include 
                such institutions that have demonstrated an 
                ability in transportation-related research.
  (d) Program Coordination.--
          (1) In general.--The Secretary shall--
                  (A) coordinate the research, education, and 
                technology transfer activities carried out by 
                grant recipients under this section; and
                  (B) disseminate the results of that research 
                through the establishment and operation of a 
                publicly accessible online information 
                clearinghouse.
          (2) Annual review and evaluation.--Not less 
        frequently than annually, and consistent with the plan 
        developed under section 6503, the Secretary shall--
                  (A) review and evaluate the programs carried 
                out under this section by grant recipients; and
                  [(B) submit to the Committees on 
                Transportation and Infrastructure and Science, 
                Space, and Technology of the House of 
                Representatives and the Committees on 
                Environment and Public Works and Commerce, 
                Science, and Transportation of the Senate a 
                report describing that review and evaluation.]
                  (B) make publicly available on the Department 
                of Transportation website a description of that 
                review and evaluation.
          (3) Program evaluation and oversight.--For each of 
        fiscal years 2016 through 2020, the Secretary shall 
        expend not more than 1 and a half percent of the 
        amounts made available to the Secretary to carry out 
        this section for any coordination, evaluation, and 
        oversight activities of the Secretary under this 
        section.
  (e) Limitation on Availability of Amounts.--Amounts made 
available to the Secretary to carry out this section shall 
remain available for obligation by the Secretary for a period 
of 3 years after the last day of the fiscal year for which the 
amounts are authorized.
  (f) Information Collection.--Any survey, questionnaire, or 
interview that the Secretary determines to be necessary to 
carry out reporting requirements relating to any program 
assessment or evaluation activity under this section, including 
customer satisfaction assessments, shall not be subject to 
chapter 35 of title 44.

             CHAPTER 63. BUREAU OF TRANSPORTATION STATISTICS

Sec. 6305. Advisory council on transportation statistics

  (a) In General.--The Director shall establish and consult 
with an advisory council on transportation statistics.
  (b) Function.--The advisory council established under this 
section shall advise the Director on--
          (1) the quality, reliability, consistency, 
        objectivity, and relevance of transportation statistics 
        and analyses collected, supported, or disseminated by 
        the Bureau and the Department; and
          (2) methods to encourage cooperation and 
        interoperability of transportation data collected by 
        the Bureau, the operating administrations of the 
        Department, States, local governments, metropolitan 
        planning organizations, and private sector entities.
  (c) Membership.--
          (1) In general.--The advisory council shall be 
        composed of not fewer than 9 and not more than 11 
        members appointed by the Director.
          (2) Selection.--In selecting members for the advisory 
        council, the Director shall appoint individuals who--
                  (A) are not officers or employees of the 
                United States;
                  (B) possess expertise in--
                          (i) transportation data collection, 
                        analysis, or application;
                          (ii) economics; or
                          (iii) transportation safety; and
                  (C) represent a cross section of 
                transportation stakeholders, to the greatest 
                extent possible.
  (d) Terms of Appointment.--
          (1) In general.--Except as provided in paragraph (2), 
        members of the advisory council shall be appointed to 
        staggered terms not to exceed 3 years.
          (2) Additional terms.--A member may be renominated 
        for 1 additional 3-year term.
          (3) Current members.--A member serving on an advisory 
        council on transportation statistics on the day before 
        the date of enactment of the Transportation Research 
        and Innovative Technology Act of 2012 shall serve until 
        the end of the appointed term of the member.
  (e) Applicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
the advisory council established under this section, except 
that section 14 of that Act shall not apply.
  (f) Sunset.--The advisory council established under this 
section ceases to exist effective January 1, 2019.

                        SUBTITLE V. RAIL PROGRAMS

                             PART A. SAFETY

                          CHAPTER 201. GENERAL

               SUBCHAPTER II. PARTICULAR ASPECTS OF SAFETY

Sec. 20167. Reports on highway-rail grade crossing safety

  (a) Report.--Not later than 2 years after the deadline for 
States to submit State highway-rail grade crossing action plans 
under section 11401(b) of the Fixing America's Surface 
Transportation Act (49 U.S.C. 24407 note), the Administrator of 
the Federal Railroad Administration, in consultation with the 
Administrator of the Federal Highway Administration, shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report on the State highway-rail grade 
crossing action plans, including--
          (1) an analysis and evaluation of each State railway-
        highway crossings program under section 130 of title 
        23, including--
                  (A) compliance with section 11401 of the 
                Fixing America's Surface Transportation Act (49 
                U.S.C. 24407 note) and section 130(g) of title 
                23; and
                  (B) the specific strategies identified by 
                each State to improve safety at highway-rail 
                grade crossings, including crossings with 
                multiple accidents or incidents;
          (2) the progress of each State in implementing its 
        State highway-rail grade crossing action plan;
          (3) the number of projects undertaken under section 
        130 of title 23, including their distribution by cost 
        range, road system, nature of treatment, and subsequent 
        accident experience at improved locations;
          (4) each State that is not in compliance with its 
        schedule of projects under section 130(d) of title 23; 
        and
          (5) any recommendations for future implementation of 
        the railroad highway crossings program under section 
        130 of title 23.
  (b) Updates.--Not later than 5 years after the date the 
report under subsection (a) is submitted, the Administrator of 
the Federal Railroad Administration, in consultation with the 
Administrator of the Federal Highway Administration, shall--
          (1) update the report based on the State reports 
        submitted under section 130(g) of title 23 and any 
        other information obtained by or available to the 
        Administrator of the Federal Railroad Administration; 
        and
          (2) submit the updated report to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Transportation and Infrastructure of 
        the House of Representatives.
  (c) Definitions.--In this section:
          (1) Highway-rail grade crossing.--The term ``highway-
        rail grade crossing'' means a location within a State, 
        other than a location where 1 or more railroad tracks 
        cross 1 or more railroad tracks at grade, where--
                  (A) a public highway, road, or street, or a 
                private roadway, including associated sidewalks 
                and pathways, crosses 1 or more railroad tracks 
                either at grade or grade-separated; or
                  (B) a pathway explicitly authorized by a 
                public authority or a railroad carrier that is 
                dedicated for the use of non-vehicular traffic, 
                including pedestrians, bicyclists, and others, 
                that is not associated with a public highway, 
                road, or street, or a private roadway, crosses 
                1 or more railroad tracks either at grade or 
                grade-separated.
          (2) State.--The term ``State'' means a State of the 
        United States or the District of Columbia.

                    PART C. PASSENGER TRANSPORTATION

                           CHAPTER 243. AMTRAK

Sec. 24319. Grant process

  (a) Procedures for Grant Requests.--Not later than 90 days 
after the date of enactment of the Passenger Rail Reform and 
Investment Act of 2015, the Secretary of Transportation shall 
establish and transmit to the Committee on Commerce, Science, 
and Transportation and the Committee on Appropriations of the 
Senate and the Committee on Transportation and Infrastructure 
and the Committee on Appropriations of the House of 
Representatives substantive and procedural requirements, 
including schedules, for grant requests under this section.
  (b) Grant Requests.--Amtrak shall transmit to the Secretary 
grant requests for Federal funds appropriated to the Secretary 
of Transportation for the use of Amtrak.
  (c) Contents.--A grant request under subsection (b) shall, as 
applicable--
          (1) describe projected operating and capital costs 
        for the upcoming fiscal year for Northeast Corridor 
        activities, including train services and 
        infrastructure, and National Network activities, 
        including State-supported routes and long-distance 
        routes, in comparison to prior fiscal year actual 
        financial performance;
          (2) describe the capital projects to be funded, with 
        cost estimates and an estimated timetable for 
        completion of the projects covered by the request[; 
        and];
          (3) assess Amtrak's financial condition[.]; and
          (4) describe the status of efforts to improve safety 
        and security on the Northeast Corridor main line, 
        including a description of any efforts to implement 
        recommendations of relevant railroad safety advisory 
        committees.
  (d) * * *

           CHAPTER 249. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

Sec. 24905. Northeast Corridor Commission; Safety Committee

  (a) * * *
  (e) Northeast Corridor Safety Committee.--
          (1) In general.--The Secretary shall establish a 
        Northeast Corridor Safety Committee composed of members 
        appointed by the Secretary. The members shall be 
        representatives of--
                  (A) the Department of Transportation, 
                including the Federal Railroad Administration;
                  (B) Amtrak;
                  (C) freight carriers operating more than 
                150,000 train miles a year on the main line of 
                the Northeast Corridor;
                  (D) commuter rail agencies;
                  (E) rail passengers;
                  (F) rail labor; and
                  (G) other individuals and organizations the 
                Secretary decides have a significant interest 
                in rail safety or security.
          [(2) Function; meetings.--The Secretary shall consult 
        with the Committee about safety and security 
        improvements on the Northeast Corridor main line. The 
        Committee shall meet at least two times per year to 
        consider safety and security matters on the main line 
        and meet annually with the Commission on the topic of 
        Northeast Corridor safety and security.]
          (2) Sunset.--The Committee established under this 
        subsection ceases to exist on the date that the 
        Secretary determines positive train control, as 
        required by section 20157, is fully implemented along 
        the Northeast Corridor.
          [(3) Report.--At the beginning of the first session 
        of each Congress, the Secretary shall submit a report 
        to the Commission and to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate on the status of 
        efforts to improve safety and security on the Northeast 
        Corridor main line. The report shall include the safety 
        and security recommendations of the Committee and the 
        comments of the Secretary on those recommendations.]

Sec. 24910. Rail cooperative research program

  (a) * * *
  (c) Advisory Board.--
          (1) Establishment.--In consultation with the heads of 
        appropriate Federal departments and agencies, the 
        Secretary shall establish an advisory board to 
        recommend research, technology, and technology transfer 
        activities related to rail passenger and freight 
        transportation.
          (2) Membership.--The advisory board shall include--
                  (A) representatives of State transportation 
                agencies;
                  (B) transportation and environmental 
                economists, scientists, and engineers; and
                  (C) representatives of Amtrak, the Alaska 
                Railroad, freight railroads, transit operating 
                agencies, intercity rail passenger agencies, 
                railway labor organizations, and environmental 
                organizations.
          (3) Sunset.--The advisory board established under 
        this subsection ceases to exist effective January 1, 
        2019.
  (d) National Academy of Sciences.--The Secretary may make 
grants to, and enter into cooperative agreements with, the 
National Academy of Sciences to carry out such activities 
relating to the research, technology, and technology transfer 
activities described in subsection (b) as the Secretary deems 
appropriate.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Transportation $5,000,000 
for each of fiscal years 2010 through 2013 for carrying out 
this section.

          TITLE 54. NATIONAL PARK SERVICE AND RELATED PROGRAMS

              SUBTITLE III. NATIONAL PRESERVATION PROGRAMS

                   PART B. ORGANIZATIONS AND PROGRAMS

            SUBPART 1. ADMINISTERED BY NATIONAL PARK SERVICE

                CHAPTER 3087. NATIONAL MARITIME HERITAGE

  (a) * * *
  [(j) Report to Congress.--The Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of the 
Senate, the Committee on Energy and Natural Resources of the 
Senate, the Committee on Natural Resources of the House of 
Representatives, the Committee on Armed Services of the House 
of Representatives, and the Committee on Transportation and 
Infrastructure of the House of Representatives an annual report 
on the Program, including--
          [(1) the total number of grant applications submitted 
        and approved under the Program in the period covered by 
        the report;
          [(2) a detailed description of each project funded 
        under the Program in the period covered by the report;
          [(3) the results or accomplishments of each such 
        project; and
          [(4) recommended priorities for achieving the policy 
        set forth in section 308701 of this title.]
  (j) Status Reports.--The Secretary shall include in the 
annual budget submission of the Department of the Interior a 
description of the current status of the Program, including--
          (1) the total number of grant applications submitted 
        and approved under the Program in the prior fiscal 
        year;
          (2) a description, including any results or any 
        accomplishments, of each project funded under the 
        Program in the prior fiscal year; and
          (3) recommended priorities for achieving the policy 
        set forth in section 308701 of this title.

                PIPELINE SAFETY IMPROVEMENT ACT OF 2002

                  [Public Law 107	355; 116 Stat. 2985]

[SEC. 19. NTSB SAFETY RECOMMENDATIONS.

                         [49 U.S.C. 1135 note]

  [(a) In General.--The Secretary of Transportation, the 
Administrator of Pipeline and Hazardous Materials Safety 
Administration, and the Director of the Office of Pipeline 
Safety shall fully comply with section 1135 of title 49, United 
States Code, to ensure timely responsiveness to National 
Transportation Safety Board recommendations about pipeline 
safety.
  [(b) Public Availability.--The Secretary, Administrator, or 
Director, respectively, shall make a copy of each 
recommendation on pipeline safety and response, as described in 
subsections (a) and (b) of section 1135, title 49, United 
States Code.
  [(c) Reports to Congress.--The Secretary, Administrator, or 
Director, respectively, shall submit to Congress by January 1 
of each year a report containing each recommendation on 
pipeline safety made by the Board during the prior year and a 
copy of the response to each such recommendation.]

SEC. 19. NTSB SAFETY RECOMMENDATIONS.

  The Secretary of Transportation, the Administrator of the 
Pipeline and Hazardous Materials Safety Administration, and the 
Director of the Office of Pipeline Safety shall fully comply 
with section 1135 of title 49, United States Code, to ensure 
timely responsiveness to National Transportation Safety Board 
recommendations about pipeline safety.

     NORMAN Y. MINETA RESEARCH AND SPECIAL PROGRAMS IMPROVEMENT ACT

                  [Public Law 108-426; 118 Stat. 2423]

[SEC. 6. REPORTS.

                          [49 U.S.C. 108 note]

  [(a) Reports by the Inspector General.--Not later than 30 
days after the date of enactment of this Act, the Inspector 
General of the Department of Transportation shall submit to the 
Secretary of Transportation and the Administrator of the 
Pipeline and Hazardous Materials Safety Administration a report 
containing the following:
          [(1) A list of each statutory mandate regarding 
        pipeline safety or hazardous materials safety that has 
        not been implemented.
          [(1) A list of each open safety recommendation made 
        by the National Transportation Safety Board or the 
        Inspector General regarding pipeline safety or 
        hazardous materials safety.
  [(b) Reports by the Secretary.--
          [(1) Statutory mandates.--Not later than 90 days 
        after the date of enactment of this Act, and every 180 
        days thereafter until each of the mandates referred to 
        in subsection (a)(1) has been implemented, the 
        Secretary shall transmit to the Committee on 
        Transportation and Infrastructure and the Committee on 
        Energy and Commerce of the House of Representatives and 
        the Committee on Commerce, Science, and Transportation 
        of the Senate a report on the specific actions taken to 
        implement such mandates.
          [(2) NTSB and inspector general recommendations.--Not 
        later than January 1st of each year, the Secretary 
        shall transmit to the Committee on Transportation and 
        Infrastructure and the Committee on Energy and Commerce 
        of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a 
        report containing each recommendation referred to in 
        subsection (a)(2) and a copy of the Department of 
        Transportation response to each such recommendation.]

SEC. 6. REPORTS.

  Not later than 9 months after the date of enactment of the 
Department of Transportation Reports Harmonization Act--
          (1) the Secretary of Transportation shall make 
        publicly available a list of each statutory mandate 
        regarding pipeline safety or hazardous materials safety 
        that has not been implemented by--
                  (A) posting the list on the website of the 
                Department of Transportation;
                  (B) including the list in a regulatory 
                flexibility agenda under section 602 of title 
                5, United States Code; or
                  (C) providing the list in a regulatory 
                planning document; and
          (2) the Inspector General of the Department of 
        Transportation shall make publicly available on the 
        website of the Office of the Inspector General a list 
        of each open safety recommendation made by the 
        Inspector General regarding pipeline safety or 
        hazardous materials safety.

              SAFETEA-LU TECHNICAL CORRECTIONS ACT OF 2008

                  [Public Law 110-244; 122 Stat. 1572]

SEC. 122. BUY AMERICA WAIVER NOTIFICATION AND ANNUAL REPORTS.

  (a) Waiver Notification.--
          (1) In general.--If the Secretary of Transportation 
        makes a finding under section 313(b) of title 23, 
        United States Code, with respect to a project, the 
        Secretary shall--
                  (A) publish in the Federal Register, before 
                the date on which such finding takes effect, a 
                detailed written justification as to the 
                reasons that such finding is needed; and
                  (B) provide notice of such finding and an 
                opportunity for public comment on such finding 
                for a period of not to exceed 60 days.
          (2) Limitation on statutory construction.--Nothing in 
        paragraph (1) shall be construed to require the 
        effective date of a finding referred to in paragraph 
        (1) to be delayed until after the close of the public 
        comment period referred to in paragraph (1)(B).
  (b) Annual Reports.--Not later than February 1 of each year 
beginning after the date of enactment of this Act, the 
Secretary shall [submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a] make 
publicly available on the Department of Transportation website 
an annual report on the projects for which the Secretary made 
findings under section 313(b) of title 23, United States Code, 
during the preceding calendar year and the justifications for 
such findings.

                  RAIL SAFETY IMPROVEMENT ACT OF 2008

                  [Public Law 110	432; 122 Stat. 4848]

[SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDATIONS.

                         [49 U.S.C. 20101 note]

  [Not later than December 31, 2008, and annually thereafter, 
the Secretary shall transmit a report to the House of 
Representatives Committee on Transportation and Infrastructure 
and the Senate Committee on Commerce, Science, and 
Transportation on the specific actions taken to implement unmet 
statutory mandates regarding railroad safety and each open 
railroad safety recommendation made by the National 
Transportation Safety Board or the Department's Inspector 
General.]

SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDATIONS.

  The Secretary shall--
          (1) not later than 1 year after the date of enactment 
        of the Department of Transportation Reports 
        Harmonization Act, describe the actions the Secretary 
        has taken to implement unmet statutory mandates 
        regarding railroad safety;
          (2) update the description under paragraph (1) not 
        less than annually; and
          (3) make the description, including any updates 
        thereto, available by--
                  (A) posting the description on the website of 
                the Department of Transportation;
                  (B) including the description in the 
                regulatory flexibility agenda under section 602 
                of title 5, United States Code; or
                  (C) providing the description in a regulatory 
                planning document.

              FIXING AMERICA'S SURFACE TRANSPORTATION ACT

                  [Public Law 114-94; 129 Stat. 1312]

SEC. 1441. REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRATION PROGRAM.

                          [23 U.S.C. 601 note]

  (a) In General.--The Secretary shall establish a regional 
infrastructure demonstration program (referred to in this 
section as the ``program'') to assist entities in developing 
improved infrastructure priorities and financing strategies for 
the accelerated development of a project that is eligible for 
funding under the TIFIA program under chapter 6 of title 23, 
United States Code.
  (b) Designation of Regional Infrastructure Accelerators.--In 
carrying out the program, the Secretary may designate regional 
infrastructure accelerators that will--
          (1) serve a defined geographic area; and
          (2) act as a resource in the geographic area to 
        qualified entities in accordance with this section.
  (c) Application.--To be eligible for a designation under 
subsection (b), a proposed regional infrastructure accelerator 
shall submit to the Secretary a proposal at such time, in such 
manner, and containing such information as the Secretary may 
require.
  (d) Criteria.--In evaluating a proposal submitted under 
subsection (c), the Secretary shall consider--
          (1) the need for geographic diversity among regional 
        infrastructure accelerators; and
          (2) the ability of the proposal to promote investment 
        in covered infrastructure projects, which shall include 
        a plan--
                  (A) to evaluate and promote innovative 
                financing methods for local projects, including 
                the use of the TIFIA program under chapter 6 of 
                title 23, United States Code;
                  (B) to build capacity of State, local, and 
                tribal governments to evaluate and structure 
                projects involving the investment of private 
                capital;
                  (C) to provide technical assistance and 
                information on best practices with respect to 
                financing the projects;
                  (D) to increase transparency with respect to 
                infrastructure project analysis and using 
                innovative financing for public infrastructure 
                projects;
                  (E) to deploy predevelopment capital programs 
                designed to facilitate the creation of a 
                pipeline of infrastructure projects available 
                for investment;
                  (F) to bundle smaller-scale and rural 
                projects into larger proposals that may be more 
                attractive for investment; and
                  (G) to reduce transaction costs for public 
                project sponsors.
  [(e) Annual Report.--Not less frequently than once each year, 
the Secretary shall submit to Congress a report that describes 
the findings and effectiveness of the program.]
  (e) Annual Report.--Each fiscal year that funds are made 
available to carry out the program, the Secretary shall submit 
to Congress, not later than 30 days after the date that fiscal 
year ends, a report that describes the findings and 
effectiveness of the program.
  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out the program $12,000,000, of which 
the Secretary shall use--
          (1) $11,750,000 for initial grants to regional 
        infrastructure accelerators under subsection (b); and
          (2) $250,000 for administrative costs of carrying out 
        the program.

SEC. 11401. HIGHWAY-RAIL GRADE CROSSING SAFETY.

                         [49 U.S.C. 24407 note]

  (a) Model State Highway-rail Grade Crossing Action Plan.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this Act, the Administrator of the 
        Federal Railroad Administration shall develop a model 
        of a State-specific highway-rail grade crossing action 
        plan and distribute the plan to each State.
          (2) Contents.--The plan developed under paragraph (1) 
        shall include--
                  (A) methodologies, tools, and data sources 
                for identifying and evaluating highway-rail 
                grade crossing safety risks, including the 
                public safety risks posed by blocked highway-
                rail grade crossings due to idling trains;
                  (B) best practices to reduce the risk of 
                highway-rail grade crossing accidents or 
                incidents and to alleviate the blockage of 
                highway-rail grade crossings due to idling 
                trains, including strategies for--
                          (i) education, including model 
                        stakeholder engagement plans or tools;
                          (ii) engineering, including the 
                        benefits and costs of different designs 
                        and technologies used to mitigate 
                        highway-rail grade crossing safety 
                        risks; and
                          (iii) enforcement, including the 
                        strengths and weaknesses associated 
                        with different enforcement methods;
                  (C) for each State, a customized list and 
                data set of the highway-rail grade crossing 
                accidents or incidents in that State over the 
                past 3 years, including the location, number of 
                deaths, and number of injuries for each 
                accident or incident, and a list of highway-
                rail grade crossings in that State that have 
                experienced multiple accidents or incidents 
                over the past 3 years; and
                  (D) contact information of a Department of 
                Transportation safety official available to 
                assist the State in adapting the model plan to 
                satisfy the requirements under subsection (b).
  (b) State Highway-rail Grade Crossing Action Plans.--
          (1) Requirements.--Not later than 18 months after the 
        Administrator develops and distributes the model plan 
        under subsection (a), the Administrator shall 
        promulgate a rule that requires--
                  (A) each State, except the 10 States 
                identified under section 202 of the Rail Safety 
                Improvement Act of 2008 [(49 U.S.C. 22501 
                note)] (49 U.S.C. 24407 note), to develop and 
                implement a State highway-rail grade crossing 
                action plan; and
                  (B) each State identified under section 202 
                of the Rail Safety Improvement Act of 2008 [(49 
                U.S.C. 22501 note)] (49 U.S.C. 24407 note) to--
                          (i) update the State action plan 
                        under such section; and
                          (ii) submit to the Administrator--
                                  (I) the updated State action 
                                plan; and
                                  (II) a report describing what 
                                the State did to implement its 
                                previous State action plan 
                                under such section and how the 
                                State will continue to reduce 
                                highway-rail grade crossing 
                                safety risks.
          (2) Contents.--Each State plan required under this 
        subsection shall--
                  (A) identify highway-rail grade crossings 
                that have experienced recent highway-rail grade 
                crossing accidents or incidents or multiple 
                highway-rail grade crossing accidents or 
                incidents, or are at high-risk for accidents or 
                incidents;
                  (B) identify specific strategies for 
                improving safety at highway-rail grade 
                crossings, including highway-rail grade 
                crossing closures or grade separations; and
                  (C) designate a State official responsible 
                for managing implementation of the State action 
                plan under subparagraph (A) or (B) of paragraph 
                (1), as applicable.
          (3) Assistance.--The Administrator shall provide 
        assistance to each State in developing and carrying 
        out, as appropriate, the State action plan under this 
        subsection.
          (4) Public availability.--Each State shall submit a 
        final State plan under this subsection to the 
        Administrator for publication. The Administrator shall 
        make each approved State plan publicly available on an 
        official Internet Web site.
          (5) Conditions.--The Secretary may condition the 
        awarding of a grant to a State under chapter 244 of 
        title 49, United States Code, on that State submitting 
        an acceptable State action plan under this subsection.
          (6) Review of action plans.--Not later than 60 days 
        after the date of receipt of a State action plan under 
        this subsection, the Administrator shall--
                  (A) if the State action plan is approved, 
                notify the State and publish the State action 
                plan under paragraph (4); and
                  (B) if the State action plan is incomplete or 
                deficient, notify the State of the specific 
                areas in which the plan is deficient and allow 
                the State to complete the plan or correct the 
                deficiencies and resubmit the plan under 
                paragraph (1).
          (7) Deadline.--Not later than 60 days after the date 
        of a notice under paragraph (6)(B), a State shall 
        complete the plan or correct the deficiencies and 
        resubmit the plan.
          (8) Failure to complete or correct plan.--If a State 
        fails to meet the deadline under paragraph (7), the 
        Administrator shall post on the Web site under 
        paragraph (4) a notice that the State has an incomplete 
        or deficient highway-rail grade crossing action plan.
  [(c) Report.--Not later than the date that is 3 years after 
the Administrator publishes the final rule under subsection 
(b)(1), the Administrator shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on--
          [(1) the specific strategies identified by States to 
        improve safety at highway-rail grade crossings, 
        including crossings with multiple accidents or 
        incidents; and
          [(2) the progress each State described under 
        subsection (b)(1)(B) has made in implementing its 
        action plan.]
  [(d)](c) Railway-highway Crossings Funds.--The Secretary may 
use funds made available to carry out section 130 of title 23, 
United States Code, to provide States with funds to develop a 
State highway-rail grade crossing action plan under subsection 
(b)(1)(A) or to update a State action plan under subsection 
(b)(1)(B).
  [(e)](d) Definitions.--In this section:
          (1) Highway-rail grade crossing.--The term ``highway-
        rail grade crossing'' means a location within a State, 
        other than a location where 1 or more railroad tracks 
        cross 1 or more railroad tracks at grade, where--
                  (A) a public highway, road, or street, or a 
                private roadway, including associated sidewalks 
                and pathways, crosses 1 or more railroad tracks 
                either at grade or grade-separated; or
                  (B) a pathway explicitly authorized by a 
                public authority or a railroad carrier that is 
                dedicated for the use of non-vehicular traffic, 
                including pedestrians, bicyclists, and others, 
                that is not associated with a public highway, 
                road, or street, or a private roadway, crosses 
                1 or more railroad tracks either at grade or 
                grade-separated.
          (2) State.--The term ``State'' means a State of the 
        United States or the District of Columbia.

                                  [all]
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