II 

114TH CONGRESS 

1ST SESSION S. 1732 

To authorize elements of the Department of Transportation, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2015 

Mr. THUNE (for himself, Mrs. FISCHER, and Mr. MORAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To authorize elements of the Department of Transportation, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Comprehensive Transportation and Consumer Protection 

7 Act of 2015’’. 

8 (b) TABLE OF CONTENTS.—The table of contents of 

9 this Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Definition of Secretary. 


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TITLE I—OFFICE OF THE SECRETARY 

Subtitle A—Accelerating Project Delivery 

Sec. 1101. Delegation of authority. 

Sec. 1102. Infrastructure Permitting Improvement Center. 

Sec. 1103. Accelerated decisionmaking in environmental reviews. 

Sec. 1104. Environmental review alignment and reform. 

Sec. 1105. Multimodal categorical exclusions. 

Sec. 1106. Improving transparency in environmental reviews. 

Subtitle B—Freight 

Sec. 1201. Establishment of freight chapter. 

Sec. 1202. National multimodal freight policy. 

Sec. 1203. National multimodal freight network. 

Sec. 1204. National Freight Strategic Plan. 

Sec. 1205. State freight plans. 

Sec. 1206. Freight investment grants. 

Sec. 1207. Reports. 

Sec. 1208. Repeals. 

Sec. 1209. Savings provision. 

Subtitle C—Research 

Sec. 1301. Findings. 

Sec. 1302. Modal research plans. 

Sec. 1303. Consolidated research prospectus and strategic plan. 

Sec. 1304. Research Ombudsman. 

Sec. 1305. Smart cities transportation planning study. 

Sec. 1306. Bureau of Transportation Statistics independence. 

Sec. 1307. Conforming amendments. 

Sec. 1308. Repeal of obsolete office. 

Subtitle D—Port Performance Act 

Sec. 1401. Short title. 

Sec. 1402. Findings. 

Sec. 1403. Port performance freight statistics program. 

Sec. 1404. Monthly reports on performance at United States ports. 

TITLE II—COMMERCIAL MOTOR VEHICLE AND DRIVER 

PROGRAMS 

Subtitle A—Compliance, Safety, and Accountability Reform 

PART I—COMPLIANCE, SAFETY, AND ACCOUNTABILITY

Sec. 2001. Correlation study. 

Sec. 2002. Safety improvement metrics. 

Sec. 2003. Data certification. 

Sec. 2004. Data improvement. 

Sec. 2005. Accident report information. 

Sec. 2006. Post-accident report review. 

Sec. 2007. Recognizing excellence in safety. 

Sec. 2008. High risk carrier reviews. 

PART II—INTERIM HIRING STANDARD


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Sec. 2101. Definitions. 

Sec. 2102. National hiring standards for motor carriers. 

Sec. 2103. Applicability. 

Subtitle B—Drug Free Commercial Driver Act of 2015 

Sec. 2201. Short title. 

Sec. 2202. Authorization of hair testing. 

Sec. 2203. Exemption from mandatory urinalysis. 

Sec. 2204. Guidelines for hair testing. 

Sec. 2205. Annual report to Congress. 

Subtitle C—Transparency and Accountability 

Sec. 2301. Rulemaking requirements. 

Sec. 2302. Petitions for regulatory relief. 

Sec. 2303. Inspector standards. 

Sec. 2304. Technology improvements. 

Subtitle D—Trucking Rules Updated by Comprehensive and Key Safety 

Reform 

Sec. 2401. Update on statutory requirements. 

Sec. 2402. Statutory rulemaking. 

Sec. 2403. Guidance reform. 

Sec. 2404. Petitions. 

Sec. 2405. Regulatory reform. 

Subtitle E—State Authorities 

Sec. 2501. Emergency route working group. 

Sec. 2502. Additional State authority. 

Sec. 2503. Commercial driver access. 

Subtitle F—Motor Carrier Safety Grant Consolidation 

Sec. 2601. Definitions. 

Sec. 2602. Grants to States. 

Sec. 2603. New entrant safety review program study. 

Sec. 2604. Performance and registration information systems management. 

Sec. 2605. Authorization of appropriations. 

Sec. 2606. Commercial driver’s license program implementation. 

Sec. 2607. Extension of Federal motor carrier safety programs for fiscal year 

2016. 

Sec. 2608. Motor carrier safety assistance program allocation. 

Sec. 2609. Maintenance of effort calculation. 

Subtitle G—Miscellaneous Provisions 

Sec. 2701. Windshield technology. 

Sec. 2702. Electronic logging devices requirements. 

Sec. 2703. Lapse of required financial security; suspension of registration. 

Sec. 2704. Access to National Driver Register. 

Sec. 2705. Study on commercial motor vehicle driver commuting. 

Sec. 2706. Household goods consumer protection working group. 

TITLE III—HAZARDOUS MATERIALS 


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Sec. 3101. Endorsements. 

Sec. 3102. Enhanced reporting. 

Sec. 3103. Hazardous material information. 

Sec. 3104. Hazardous materials training requirements and grants. 

Sec. 3105. National emergency and disaster response. 

Sec. 3106. Authorization of appropriations. 

TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY 

Subtitle A—Highway Traffic Safety 

PART I—HIGHWAY SAFETY

Sec. 4101. Authorization of appropriations. 

Sec. 4102. Highway safety programs. 

Sec. 4103. Grants for alcohol-ignition interlock laws and 24–7 sobriety programs. 

Sec. 4104. Study on the national roadside survey of alcohol and drug use by 

drivers. 

PART II—STOP MOTORCYCLE CHECKPOINT FUNDING ACT

Sec. 4121. Short title. 

Sec. 4122. Grant restriction. 

PART III—IMPROVING DRIVER SAFETY ACT OF 2015 

Sec. 4131. Short title. 

Sec. 4132. Distracted driving incentive grants. 

Sec. 4133. Barriers to data collection report. 

PART IV—TECHNICAL AND CONFORMING AMENDMENTS

Sec. 4141. Technical corrections to the Motor Vehicle and Highway Safety Improvement Act of 2012. 

Subtitle B—Vehicle Safety 

Sec. 4201. Authorization of appropriations. 

Sec. 4202. Inspector General recommendations. 

Sec. 4203. Improvements in availability of recall information. 

Sec. 4204. Recall process. 

Sec. 4205. Pilot grant program for State notification to consumers of motor vehicle recall status. 

Sec. 4206. Recall obligations under bankruptcy. 

Sec. 4207. Dealer requirement to check for open recall. 

Sec. 4208. Extension of time period for remedy of tire defects. 

Sec. 4209. Rental car safety. 

Sec. 4210. Motor vehicle equipment. 

Sec. 4211. Transfer to Highway Trust Fund of certain motor vehicle safety 

penalties. 

Subtitle C—Research and Development and Vehicle Electronics 

Sec. 4301. Report on operations of the Council for Vehicle Electronics, Vehicle 

Software, and Emerging Technologies. 

Sec. 4302. Cooperation with foreign governments. 


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Subtitle D—Miscellaneous Provisions 

PART I—DRIVER PRIVACY ACT OF 2015 

Sec. 4401. Short title. 

Sec. 4402. Limitations on data retrieval from vehicle event data recorders. 

Sec. 4403. Vehicle event data recorder study. 

PART II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015 

Sec. 4421. Short title. 

Sec. 4422. Passenger motor vehicle information. 

TITLE V—RAILROAD REFORM, ENHANCEMENT, AND EFFICIENCY 

Sec. 5001. Passenger transportation; definitions. 

Subtitle A—Authorization of Appropriations 

Sec. 5101. Authorization of grants to Amtrak. 

Sec. 5102. National infrastructure and safety investments. 

Sec. 5103. Authorization of appropriations for National Transportation Safety 

Board rail investigations. 

Sec. 5104. Authorization of appropriations for Amtrak Office of Inspector General. 

Sec. 5105. National cooperative rail research program. 

Subtitle B—Amtrak Reform 

Sec. 5201. Amtrak grant process. 

Sec. 5202. 5-year business line and assets plans. 

Sec. 5203. State-supported route committee. 

Sec. 5204. Route and service planning decisions. 

Sec. 5205. Competition. 

Sec. 5206. Rolling stock purchases. 

Sec. 5207. Food and beverage policy. 

Sec. 5208. Local products and promotional events. 

Sec. 5209. Right-of-way leveraging. 

Sec. 5210. Station development. 

Sec. 5211. Amtrak debt. 

Sec. 5212. Amtrak pilot program for passengers transporting domesticated cats 

and dogs. 

Sec. 5213. Amtrak board of directors. 

Subtitle C—Intercity Passenger Rail Policy 

Sec. 5301. Competitive operating grants. 

Sec. 5302. Federal-State partnership for state-of-good-repair. 

Sec. 5303. Large capital project requirements. 

Sec. 5304. Small business participation study. 

Sec. 5305. Gulf coast rail service working group. 

Sec. 5306. Integrated passenger rail working group. 

Sec. 5307. Shared-use study. 

Sec. 5308. Northeast Corridor Commission. 

Sec. 5309. Northeast Corridor through-ticketing and procurement efficiencies. 

Sec. 5310. Data and analysis. 

Sec. 5311. Disaster relief. 

Sec. 5312. Performance-based proposals. 


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Sec. 5313. Amtrak Inspector General. 

Sec. 5314. Miscellaneous provisions. 

Subtitle D—Rail Safety 

PART I—SAFETY IMPROVEMENT

Sec. 5401. Highway-rail grade crossing safety. 

Sec. 5402. Confidential close call reporting system. 

Sec. 5403. Speed limit action plans. 

Sec. 5404. Signage. 

Sec. 5405. Alerters. 

Sec. 5406. Signal protection. 

Sec. 5407. Technology implementation plans. 

Sec. 5408. Commuter rail track inspections. 

Sec. 5409. Emergency response. 

Sec. 5410. Private highway-rail grade crossings. 

Sec. 5411. Repair and replacement of damaged track inspection equipment. 

Sec. 5412. Rail police officers. 

Sec. 5413. Operation deep dive; report. 

Sec. 5414. Post-accident assessment. 

Sec. 5415. Technical and conforming amendments. 

PART II—CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

IMPROVEMENTS

Sec. 5421. Consolidated rail infrastructure and safety improvements. 

PART III—HAZARDOUS MATERIALS BY RAIL SAFETY AND OTHER SAFETY

ENHANCEMENTS

Sec. 5431. Real-time emergency response information. 

Sec. 5432. Thermal blankets. 

Sec. 5433. Comprehensive oil spill response plans. 

Sec. 5434. Hazardous materials by rail liability study. 

Sec. 5435. Study and testing of electronically controlled pneumatic brakes. 

Sec. 5436. Recording devices. 

Sec. 5437. Rail passenger transportation liability. 

Sec. 5438. Modification reporting. 

PART IV—POSITIVE TRAIN CONTROL

Sec. 5441. Coordination of spectrum. 

Sec. 5442. Updated plans. 

Sec. 5443. Early adoption and interoperability. 

Sec. 5444. Positive train control at grade crossings effectiveness study. 

Subtitle E—Project Delivery 

Sec. 5501. Short title. 

Sec. 5502. Preservation of public lands. 

Sec. 5503. Efficient environmental reviews. 

Sec. 5504. Advance acquisition. 

Sec. 5505. Railroad rights-of-way. 

Sec. 5506. Improving State and Federal agency engagement in environmental 

reviews. 

Sec. 5507. Savings clause. 

Sec. 5508. Transition. 


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Subtitle F—Financing 

Sec. 5601. Short title; references. 

Sec. 5602. Definitions. 

Sec. 5603. Eligible applicants. 

Sec. 5604. Eligible purposes. 

Sec. 5605. Program administration. 

Sec. 5606. Loan terms and repayment. 

Sec. 5607. Credit risk premiums. 

Sec. 5608. Master credit agreements. 

Sec. 5609. Priorities and conditions. 

Sec. 5610. Savings provision. 

1 (c) REFERENCES TO TITLE 49, UNITED STATES

2 CODE.—Except as otherwise expressly provided, wherever 

3 in this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of title 49, United States Code. 

7 SEC. 2. DEFINITION OF SECRETARY. 

8 In this Act, except as otherwise expressly provided, 

9 the term ‘‘Secretary’’ means the Secretary of Transpor10 tation. 

11 TITLE I—OFFICE OF THE 

12 SECRETARY 

13 Subtitle A—Accelerating Project 

14 Delivery 

15 SEC. 1101. DELEGATION OF AUTHORITY. 

16 (a) IN GENERAL.—Chapter 1 is amended by adding 

17 at the end the following: 

18 ‘‘§ 116. Administrations; acting officers 

19 ‘‘(a) IN GENERAL.—Notwithstanding section 

20 3346(a)(2) of title 5, a person may serve as an acting offiVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 cer for an administration in the Department of Transpor2 tation under section 3345 of that title for the 210-day pe3 riod under section 3346(a)(1) of that title, which period 

4 may only be extended if a nomination for the office is re5 ceived by the Senate. If the 210-day period under section 

6 3346(a)(1) of title 5 expires before a nomination for the 

7 office is received by the Senate, the Secretary of Transpor8 tation, notwithstanding section 3345 or subsections (b) 

9 and (c) of section 3348 of that title, shall successively des10 ignate, until a nomination for the office is received by the 

11 Senate, another officer or employee within the administra12 tion concerned to perform the functions and duties of the 

13 office temporarily in an acting capacity for no longer than 

14 210 days. This section is a statutory provision to which 

15 section 3347(a)(1) of title 5 applies. 

16 ‘‘(b) TERMINATION OF AUTHORITY.—Any authority 

17 delegated to a person while serving as an acting officer 

18 under subsection (a) shall terminate effective on the date 

19 that a nomination for that office is confirmed by the Sen20 ate or the date that another acting officer for that office 

21 is designated by the Secretary, as required by subsection 

22 (a), whichever is sooner. 

23 ‘‘(c) EXTRA PAY PROHIBITED.—An officer or em24 ployee may not receive pay in addition to the pay for his 

25 or her regular office or employment for performing the 


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1 functions and duties of an office temporarily under sub2 section (a).’’. 

3 (b) CONFORMING AMENDMENT.—The table of con4 tents for chapter 1 is amended by inserting after the item 

5 relating to section 115 the following: 

‘‘116. Administrations; acting officers.’’. 

6 (c) APPLICATION.—The amendment under subsection 

7 (a) shall apply to any applicable office with a position des8 ignated for a Senate confirmed official. 

9 SEC. 1102. INFRASTRUCTURE PERMITTING IMPROVEMENT 

10 CENTER. 

11 (a) IN GENERAL.—Subchapter I of chapter 3, as 

12 amended by sections 1104 and 1106 of this Act, is further 

13 amended by inserting after section 311 the following: 

14 ‘‘§ 312. Interagency Infrastructure Permitting Im15 provement Center 

16 ‘‘(a) IN GENERAL.—There is established in the Office 

17 of the Secretary an Interagency Infrastructure Permitting 

18 Improvement Center (referred to in this section as the 

19 ‘Center’). 

20 ‘‘(b) ROLES AND RESPONSIBILITIES.— 

21 ‘‘(1) GOVERNANCE.—The Center shall report to 

22 the chair of the Steering Committee described in 

23 paragraph (2) to ensure that the perspectives of all 

24 member agencies are represented. 


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1 ‘‘(2) INFRASTRUCTURE PERMITTING STEERING

2 COMMITTEE.—An Infrastructure Permitting Steer3 ing Committee (referred to in this section as the 

4 ‘Steering Committee’) is established to oversee the 

5 work of the Center. The Steering Committee shall be 

6 chaired by the Federal Chief Performance Officer in 

7 consultation with the Chair of the Council on Envi8 ronmental Quality and shall be comprised of Dep9 uty-level representatives from the following depart10 ments and agencies: 

11 ‘‘(A) The Department of Defense. 

12 ‘‘(B) The Department of the Interior. 

13 ‘‘(C) The Department of Agriculture. 

14 ‘‘(D) The Department of Commerce. 

15 ‘‘(E) The Department of Transportation. 

16 ‘‘(F) The Department of Energy. 

17 ‘‘(G) The Department of Homeland Secu18 rity. 

19 ‘‘(H) The Environmental Protection Agen20 cy. 

21 ‘‘(I) The Advisory Council on Historic 

22 Preservation. 

23 ‘‘(J) The Department of the Army. 

24 ‘‘(K) The Department of Housing and 

25 Urban Development. 


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1 ‘‘(L) Other agencies the Chair of the 

2 Steering Committee invites to participate. 

3 ‘‘(3) ACTIVITIES.—The Center shall support the 

4 Chair of the Steering Committee and undertake the 

5 following: 

6 ‘‘(A) Coordinate and support implementa7 tion of priority reform actions for Federal agen8 cy permitting and reviews for areas as defined 

9 and identified by the Steering Committee. 

10 ‘‘(B) Support modernization efforts at 

11 Federal agencies and interagency pilots for in12 novative approaches to the permitting and re13 view of infrastructure projects. 

14 ‘‘(C) Provide technical assistance and 

15 training to field and headquarters staff of Fed16 eral agencies on policy changes, innovative ap17 proaches to project delivery, and other topics as 

18 appropriate. 

19 ‘‘(D) Identify, develop, and track metrics 

20 for timeliness of permit reviews, permit deci21 sions, and project outcomes. 

22 ‘‘(E) Administer and expand the use of on23 line transparency tools providing for— 

24 ‘‘(i) tracking and reporting of metrics; 


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1 ‘‘(ii) development and posting of 

2 schedules for permit reviews and permit 

3 decisions; and 

4 ‘‘(iii) sharing of best practices related 

5 to efficient project permitting and reviews. 

6 ‘‘(F) Provide reporting to the President on 

7 progress toward achieving greater efficiency in 

8 permitting decisions and review of infrastruc9 ture projects and progress toward achieving 

10 better outcomes for communities and the envi11 ronment. 

12 ‘‘(4) INFRASTRUCTURE SECTORS COVERED.— 

13 The Center shall support process improvements in 

14 the permitting and review of projects in the fol15 lowing sectors: 

16 ‘‘(A) Surface transportation. 

17 ‘‘(B) Aviation. 

18 ‘‘(C) Ports and waterways. 

19 ‘‘(D) Water resource projects. 

20 ‘‘(E) Renewable energy generation. 

21 ‘‘(F) Electricity transmission. 

22 ‘‘(G) Broadband. 

23 ‘‘(H) Pipelines. 

24 ‘‘(I) Other sectors, as determined by the 

25 Steering Committee.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents of chapter 3, as amended by sections 1104 and 1106 

3 of this Act, is further amended by inserting after the item 

4 relating to section 311 the following: 

‘‘312. Interagency Infrastructure Permitting Improvement Center.’’. 

5 SEC. 1103. ACCELERATED DECISIONMAKING IN ENVIRON6 MENTAL REVIEWS. 

7 (a) IN GENERAL.—Subchapter I of chapter 3 is 

8 amended by inserting after section 304 the following: 

9 ‘‘§ 304a. Accelerated decisionmaking in environ10 mental reviews 

11 ‘‘(a) IN GENERAL.—In preparing a final environ12 mental impact statement under the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 

14 the Department of Transportation, when acting as lead 

15 agency, modifies the statement in response to comments 

16 that are minor and are confined to factual corrections or 

17 explanations of why the comments do not warrant addi18 tional Departmental response, the Department may write 

19 on errata sheets attached to the statement instead of re20 writing the draft statement, subject to the condition that 

21 the errata sheets— 

22 ‘‘(1) cite the sources, authorities, or reasons 

23 that support the position of the Department; and 


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1 ‘‘(2) if appropriate, indicate the circumstances 

2 that would trigger Departmental reappraisal or fur3 ther response. 

4 ‘‘(b) INCORPORATION.—To the maximum extent 

5 practicable, the Department shall expeditiously develop a 

6 single document that consists of a final environmental im7 pact statement and a record of decision, unless— 

8 ‘‘(1) the final environmental impact statement 

9 makes substantial changes to the proposed action 

10 that are relevant to environmental or safety con11 cerns; or 

12 ‘‘(2) there are significant new circumstances or 

13 information relevant to environmental concerns and 

14 that bear on the proposed action or the impacts of 

15 the proposed action.’’. 

16 (b) CONFORMING AMENDMENT.—The table of con17 tents of chapter 3 is amended by inserting after the item 

18 relating to section 304 the following: 

‘‘304a. Accelerated decisionmaking in environmental reviews.’’. 

19 SEC. 1104. ENVIRONMENTAL REVIEW ALIGNMENT AND RE20 FORM. 

21 (a) IN GENERAL.—Subchapter I of chapter 3 is 

22 amended by inserting after section 309 the following: 

23 ‘‘§ 310. Aligning Federal environmental reviews 

24 ‘‘(a) COORDINATED AND CONCURRENT ENVIRON25 MENTAL REVIEWS.—Not later than 1 year after the date 


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1 of enactment of the Comprehensive Transportation and 

2 Consumer Protection Act of 2015, the Department of 

3 Transportation, in coordination with the Steering Com4 mittee described in section 312 of this title, shall develop 

5 a coordinated and concurrent environmental review and 

6 permitting process for transportation projects when initi7 ating an environmental impact statement under the Na8 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

9 et seq.) (referred to in this section as ‘NEPA’). The co10 ordinated and concurrent environmental review and per11 mitting process shall— 

12 ‘‘(1) ensure that the Department of Transpor13 tation and Federal agencies of jurisdiction possess 

14 sufficient information early in the review process to 

15 determine a statement of a transportation project’s 

16 purpose and need and range of alternatives for anal17 ysis that the lead agency and agencies of jurisdiction 

18 will rely upon for concurrent environmental reviews 

19 and permitting decisions required for the proposed 

20 project; 

21 ‘‘(2) achieve early concurrence or issue resolu22 tion during the NEPA scoping process on the De23 partment of Transportation’s statement of a 

24 project’s purpose and need and during development 

25 of the environmental impact statement on the range 


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1 of alternatives for analysis that the lead agency and 

2 agencies of jurisdiction will rely upon for concurrent 

3 environmental reviews and permitting decisions re4 quired for the proposed project absent circumstances 

5 that require reconsideration in order to meet an 

6 agency of jurisdiction’s legal obligations; and 

7 ‘‘(3) achieve concurrence or issue resolution in 

8 an expedited manner if circumstances arise that re9 quire a reconsideration of the purpose and need or 

10 range of alternatives considered during any Federal 

11 agency’s environmental or permitting review in order 

12 to meet an agency of jurisdiction’s legal obligations. 

13 ‘‘(b) ENVIRONMENTAL CHECKLIST.—The Secretary 

14 of Transportation and Federal agencies of jurisdiction 

15 likely to have substantive review or approval responsibil16 ities on transportation projects, not later than 90 days 

17 after the date of enactment of the Comprehensive Trans18 portation and Consumer Protection Act of 2015, shall 

19 jointly develop a checklist to help project sponsors identify 

20 potential natural, cultural, and historic resources in the 

21 area of a proposed project. The purpose of the checklist 

22 is— 

23 ‘‘(1) to identify agencies of jurisdiction and co24 operating agencies; 


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1 ‘‘(2) to develop the information needed for the 

2 purpose and need and alternatives for analysis; and 

3 ‘‘(3) to improve interagency collaboration to 

4 help expedite the permitting process for the lead 

5 agency and Federal agencies of jurisdiction. 

6 ‘‘(c) INTERAGENCY COLLABORATION.—Consistent 

7 with Federal environmental statutes and the priority re8 form actions for Federal agency permitting and reviews 

9 defined and identified by the Steering Committee estab10 lished under section 312, the Secretary shall facilitate an11 nual interagency collaboration sessions at the appropriate 

12 jurisdictional level to coordinate business plans and facili13 tate coordination of workload planning and workforce 

14 management. This engagement shall ensure agency staff 

15 is fully engaged and utilizing the flexibility of existing reg16 ulations, policies, and guidance and identifying additional 

17 actions to facilitate high quality, efficient, and targeted 

18 environmental reviews and permitting decisions. The ses19 sions and the interagency collaborations they generate 

20 shall focus on how to work with State and local transpor21 tation entities to improve project planning, siting, and ap22 plication quality and how to consult and coordinate with 

23 relevant stakeholders and Federal, tribal, State, and local 

24 representatives early in permitting processes. 


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1 ‘‘(d) PERFORMANCE MEASUREMENT.—Not later 

2 than 1 year after the date of enactment of the Comprehen3 sive Transportation and Consumer Protection Act of 

4 2015, the Secretary of Transportation, in coordination 

5 with the Steering Committee established under section 

6 312, shall establish a program to measure and report on 

7 progress towards aligning Federal reviews as outlined in 

8 this section.’’. 

9 (b) CONFORMING AMENDMENT.—The table of con10 tents of subchapter I of chapter 3 is amended by inserting 

11 after the item relating to section 309 the following: 

‘‘310. Aligning Federal environmental reviews.’’. 

12 SEC. 1105. MULTIMODAL CATEGORICAL EXCLUSIONS. 

13 Section 304 is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘operating authority’’ 

17 and inserting ‘‘operating administration or 

18 secretarial office’’; 

19 (ii) by inserting ‘‘has expertise but’’ 

20 before ‘‘is not the lead’’; and 

21 (iii) by inserting ‘‘proposed 

22 multimodal’’ before ‘‘project’’; 

23 (B) by amending paragraph (2) to read as 

24 follows: 


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1 ‘‘(2) LEAD AUTHORITY.—The term ‘lead au2 thority’ means a Department of Transportation op3 erating administration or secretarial office that has 

4 the lead responsibility for a proposed multimodal 

5 project.’’; and 

6 (C) in paragraph (3), by striking ‘‘has the 

7 meaning given the term in section 139(a) of 

8 title 23’’ and inserting ‘‘means an action by the 

9 Department of Transportation that involves ex10 pertise of 1 or more Department of Transpor11 tation operating administrations or secretarial 

12 offices’’; 

13 (2) in subsection (b), by striking ‘‘under this 

14 title’’ and inserting ‘‘by the Secretary of Transpor15 tation’’; 

16 (3) in subsection (c)— 

17 (A) in the matter preceding paragraph 

18 (1)— 

19 (i) by striking ‘‘a categorical exclusion 

20 designated under the implementing regula21 tions or’’ and inserting ‘‘categorical exclu22 sions designated under the National Envi23 ronmental Policy Act of 1969 (42 U.S.C. 

24 4321 et seq.) implementing’’; and 


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1 (ii) by striking ‘‘other components of 

2 the’’ and inserting ‘‘a proposed 

3 multimodal’’; 

4 (B) by amending paragraphs (1) and (2) 

5 to read as follows: 

6 ‘‘(1) the lead authority makes a preliminary de7 termination on the applicability of a categorical ex8 clusion to a proposed multimodal project and notifies 

9 the cooperating authority of its intent to apply the 

10 cooperating authority categorical exclusion; 

11 ‘‘(2) the cooperating authority does not object 

12 to the lead authority’s preliminary determination of 

13 its applicability;’’; 

14 (C) in paragraph (3)— 

15 (i) by inserting ‘‘the lead authority de16 termines that’’ before ‘‘the component of’’; 

17 and 

18 (ii) by inserting ‘‘proposed 

19 multimodal’’ before ‘‘project to be cov20 ered’’; and 

21 (D) by amending paragraph (4) to read as 

22 follows: 

23 ‘‘(4) the lead authority, with the concurrence of 

24 the cooperating authority— 


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1 ‘‘(A) follows implementing regulations or 

2 procedures under the National Environmental 

3 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

4 ‘‘(B) determines that the proposed 

5 multimodal project does not individually or cu6 mulatively have a significant impact on the en7 vironment; and 

8 ‘‘(C) determines that extraordinary cir9 cumstances do not exist that merit additional 

10 analysis and documentation in an environ11 mental impact statement or environmental as12 sessment required under the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et 

14 seq.).’’; and 

15 (4) by amending subsection (d) to read as fol16 lows: 

17 ‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co18 operating authority shall provide expertise to the lead au19 thority on aspects of the multimodal project in which the 

20 cooperating authority has expertise.’’. 

21 SEC. 1106. IMPROVING TRANSPARENCY IN ENVIRON22 MENTAL REVIEWS. 

23 (a) IN GENERAL.—Subchapter I of chapter 3, as 

24 amended by section 1104 of this Act, is further amended 

25 by inserting after section 310 the following: 


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1 ‘‘§ 311. Improving transparency in environmental re2 views 

3 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

4 date of enactment of the Comprehensive Transportation 

5 and Consumer Protection Act of 2015, the Secretary of 

6 Transportation shall establish an online platform and, in 

7 coordination with Federal agencies described in subsection 

8 (b), issue reporting standards to make publicly available 

9 the status and progress with respect to compliance with 

10 applicable requirements under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

12 any other Federal approval required under applicable laws 

13 for projects and activities requiring an environmental as14 sessment or an environmental impact statement. 

15 ‘‘(b) FEDERAL AGENCY PARTICIPATION.—A Federal 

16 agency of jurisdiction over an approval required for a 

17 project under applicable laws shall provide information re18 garding the status and progress of the approval to the on19 line platform, consistent with the standards established 

20 under subsection (a). 

21 ‘‘(c) ASSIGNMENT OF RESPONSIBILITIES.—An entity 

22 with assigned authority for responsibilities under the Na23 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

24 et seq.), under section 326 or section 327 of title 23 shall 

25 be responsible for supplying project development and com26 pliance status for all applicable projects.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents of subchapter I of chapter 3, as amended by section 

3 1104 of this Act, is further amended by inserting after 

4 the item relating to section 310, the following: 

‘‘311. Improving transparency in environmental reviews.’’. 

5 Subtitle B—Freight 

6 SEC. 1201. ESTABLISHMENT OF FREIGHT CHAPTER. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) freight policy and planning should incor10 porate the many modes of transportation that move 

11 goods; 

12 (2) the Secretary of Transportation should 

13 oversee and facilitate multimodal freight planning ef14 forts; 

15 (3) the Under Secretary for Policy of the De16 partment of Transportation should serve as the pri17 mary coordinator of multimodal planning efforts; 

18 (4) efficient and reliable freight infrastructure 

19 is critical to our Nation’s economy and international 

20 competitiveness; 

21 (5) the Nation’s limited Federal discretionary 

22 infrastructure funding resources should be focused 

23 on freight infrastructure; and 

24 (6) as such, the sole discretionary national in25 frastructure investment grant program annually apVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 propriated without authorization, should be reformed 

2 and refocused into the Freight Investment Grant 

3 program. 

4 (b) FREIGHT.—Subtitle III is amended by inserting 

5 after chapter 53 the following: 

6 ‘‘CHAPTER 54—FREIGHT 

‘‘Sec. 

‘‘5401. Definitions. 

‘‘5402. National multimodal freight policy. 

‘‘5403. National multimodal freight network. 

‘‘5404. National Freight Strategic Plan. 

‘‘5405. State freight plans. 

‘‘5406. Freight investment grants. 

‘‘5407. Reports. 

7 ‘‘§ 5401. Definitions 

8 ‘‘In this chapter: 

9 ‘‘(1) ECONOMIC COMPETITIVENESS.—The term 

10 ‘economic competitiveness’ means the ability of the 

11 economy to efficiently move freight and people, 

12 produce goods, and deliver services, including— 

13 ‘‘(A) reductions in the travel time of 

14 freight; 

15 ‘‘(B) reductions in the congestion caused 

16 by the movement of freight; 

17 ‘‘(C) improvements to freight travel time 

18 reliability; and 

19 ‘‘(D) reductions in freight transportation 

20 costs due to congestion and insufficient infra21 structure. 


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1 ‘‘(2) FREIGHT.—The term ‘freight’ means the 

2 commercial transportation of cargo, including agri3 cultural, manufactured, retail, or other goods by ves4 sel, vehicle, pipeline, or rail. 

5 ‘‘(3) FREIGHT TRANSPORTATION MODES.—The 

6 term ‘freight transportation modes’ means— 

7 ‘‘(A) the infrastructure supporting any 

8 mode of transportation that moves freight, in9 cluding highways, ports, waterways, rail facili10 ties, and pipelines; and 

11 ‘‘(B) any vehicles or equipment trans12 porting goods on such infrastructure. 

13 ‘‘(4) INTELLIGENT FREIGHT TRANSPORTATION

14 SYSTEM.—The term ‘intelligent freight transpor15 tation system’ means— 

16 ‘‘(A) an innovative or intelligent techno17 logical transportation system, infrastructure, or 

18 facilities, including electronic roads, driverless 

19 trucks, elevated freight transportation facilities, 

20 automated port technologies, and other similar 

21 freight transportation systems; and 

22 ‘‘(B) communications or information proc23 essing systems used singly or in combination 

24 for intelligent freight lanes and conveyances 

25 that improve the efficiency, security, or safety 


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1 of the freight system or that operate to convey 

2 freight or improve existing freight movements. 

3 ‘‘(5) NATIONAL MULTIMODAL FREIGHT NET4 WORK.—The term ‘national multimodal freight net5 work’ means the network established under section 

6 5403. 

7 ‘‘(6) NATIONAL MULTIMODAL FREIGHT STRA8 TEGIC PLAN.—The term ‘national multimodal 

9 freight strategic plan’ means the strategic plan de10 veloped under section 5404. 

11 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

12 the Secretary of Transportation. 

13 ‘‘(8) STATE.—The term ‘State’ means a State 

14 of the United States, the District of Columbia, the 

15 Commonwealth of Puerto Rico, the Commonwealth 

16 of the Northern Mariana Islands, Guam, American 

17 Samoa, and the United States Virgin Islands.’’. 

18 SEC. 1202. NATIONAL MULTIMODAL FREIGHT POLICY. 

19 Subtitle III, as amended by section 1201 of this Act, 

20 is further amended by adding after section 5401 the fol21 lowing: 

22 ‘‘§ 5402. National multimodal freight policy 

23 ‘‘(a) POLICY.—It is the policy of the United States— 


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1 ‘‘(1) to support investment to maintain and im2 prove the condition and performance of the national 

3 multimodal freight network; 

4 ‘‘(2) to ensure that the United States maxi5 mizes its competitiveness in the global economy by 

6 increasing the overall productivity and connectivity 

7 of the national freight system; and 

8 ‘‘(3) to pursue the goals described in subsection 

9 (b). 

10 ‘‘(b) GOALS.—The national multimodal freight policy 

11 has the following goals: 

12 ‘‘(1) To enhance the economic competitiveness 

13 of the United States by investing in infrastructure 

14 improvements and implementing operational im15 provements on the freight network of the United 

16 States that achieve 1 or more of the following: 

17 ‘‘(A) Strengthen the contribution of the 

18 national freight network to the economic com19 petitiveness of the United States. 

20 ‘‘(B) Reduce congestion and relieve bottle21 necks in the freight transportation system. 

22 ‘‘(C) Reduce the cost of freight transpor23 tation. 

24 ‘‘(D) Improve the reliability of freight 

25 transportation. 


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1 ‘‘(E) Increase productivity, particularly for 

2 domestic industries and businesses that create 

3 jobs. 

4 ‘‘(2) To improve the safety, security, efficiency, 

5 and resiliency of freight transportation in rural and 

6 urban areas. 

7 ‘‘(3) To improve the condition of the national 

8 freight network. 

9 ‘‘(4) To use advanced technology to improve the 

10 safety and efficiency of the national freight network. 

11 ‘‘(5) To incorporate concepts of performance, 

12 innovation, competition, and accountability into the 

13 operation and maintenance of the national freight 

14 network. 

15 ‘‘(6) To improve the efficiency and productivity 

16 of the national freight network. 

17 ‘‘(7) To pursue these goals in a manner that is 

18 not burdensome to State and local governments. 

19 ‘‘(c) STRATEGIES.—The United States may achieve 

20 the goals set forth in subsection (b) by— 

21 ‘‘(1) providing funding to maintain and improve 

22 freight infrastructure facilities; 

23 ‘‘(2) implementing appropriate safety, environ24 mental, energy and other transportation policies; 


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1 ‘‘(3) utilizing advanced technology and innova2 tion; 

3 ‘‘(4) promoting workforce development; and 

4 ‘‘(5) using performance management activities. 

5 ‘‘(d) IMPLEMENTATION.—The Under Secretary for 

6 Policy, who shall be responsible for the oversight and im7 plementation of the national multimodal freight policy, 

8 shall— 

9 ‘‘(1) assist with the coordination of modal 

10 freight planning; 

11 ‘‘(2) ensure consistent, expedited review of 

12 multimodal freight projects; 

13 ‘‘(3) review the project planning and approval 

14 processes at each modal administration to identify 

15 modeling and metric inconsistencies, approvals, and 

16 terminology differences that could hamper 

17 multimodal project approval; 

18 ‘‘(4) identify interagency data sharing opportu19 nities to promote freight planning and coordination; 

20 ‘‘(5) identify multimodal efforts and connec21 tions; 

22 ‘‘(6) designate the lead agency for multimodal 

23 freight projects; 


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1 ‘‘(7) develop recommendations for State incen2 tives for multi-modal planning efforts, which may in3 clude— 

4 ‘‘(A) reducing the State cost share; or 

5 ‘‘(B) expediting the review of agreements 

6 for multimodal or freight specific projects; 

7 ‘‘(8) consider opportunities to reduce project 

8 delays by issuing categorical exclusions or allowing 

9 self-certifications of right-of-way acquisitions for 

10 freight projects; and 

11 ‘‘(9) submit a report to the Committee on Com12 merce, Science, and Transportation of the Senate 

13 and the Committee on Transportation and Infra14 structure of the House of Representatives that iden15 tifies required reports, statutory requirements, and 

16 other limitations on efficient freight project delivery 

17 that could be streamlined or consolidated.’’. 

18 SEC. 1203. NATIONAL MULTIMODAL FREIGHT NETWORK. 

19 Subtitle III as amended by section 1202 of this Act, 

20 is further amended by adding after section 5402 the fol21 lowing: 

22 ‘‘§ 5403. National multimodal freight network 

23 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

24 national freight network, in accordance with this section— 


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1 ‘‘(1) to assist States in strategically directing 

2 resources toward improved system performance for 

3 the efficient movement of freight on transportation 

4 networks; 

5 ‘‘(2) to inform freight transportation planning; 

6 ‘‘(3) to assist in the prioritization of Federal in7 vestment; and 

8 ‘‘(4) to assess and support Federal investments 

9 to achieve the national multimodal freight policy 

10 goals described in section 5402(b). 

11 ‘‘(b) NETWORK COMPONENTS.—The national 

12 multimodal freight network established under this section 

13 shall consist of all connectors, corridors, and facilities in 

14 all freight transportation modes that are the most critical 

15 to the current and future movement of freight to achieve 

16 the national multimodal freight policy goals described in 

17 section 5402(b). 

18 ‘‘(c) INITIAL DESIGNATION OF PRIMARY FREIGHT

19 SYSTEM.— 

20 ‘‘(1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of the Comprehensive Trans22 portation and Consumer Protection Act of 2015, the 

23 Secretary, after soliciting input from stakeholders, 

24 including multimodal freight system users, transport 

25 providers, metropolitan planning organizations, local 


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1 governments, ports, airports, railroads, and States, 

2 through a public process to identify critical freight 

3 facilities and corridors that are vital to achieve the 

4 national multimodal freight policy goals described in 

5 section 5402(b), and after providing notice and op6 portunity for comment on a draft system, shall des7 ignate a primary freight system with the goal of— 

8 ‘‘(A) improving network and intermodal 

9 connectivity; and 

10 ‘‘(B) using measurable data as part of the 

11 assessment of the significance of freight move12 ment, including the consideration of points of 

13 origin, destination, and linking components of 

14 domestic and international supply chains. 

15 ‘‘(2) FACTORS.—In designating or redesig16 nating a primary freight system, the Secretary shall 

17 consider— 

18 ‘‘(A) origins and destinations of freight 

19 movement within, to, and from the United 

20 States; 

21 ‘‘(B) volume, value, tonnage, and the stra22 tegic importance of freight; 

23 ‘‘(C) access to border crossings, airports, 

24 seaports, and pipelines; 


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1 ‘‘(D) economic factors, including balance of 

2 trade; 

3 ‘‘(E) access to major areas for manufac4 turing, agriculture, or natural resources; 

5 ‘‘(F) access to energy exploration, develop6 ment, installation, and production areas; 

7 ‘‘(G) intermodal links and intersections 

8 that promote connectivity; 

9 ‘‘(H) freight choke points and other im10 pediments contributing to significant measur11 able congestion, delay in freight movement, or 

12 inefficient modal connections; 

13 ‘‘(I) impacts on all freight transportation 

14 modes and modes that share significant freight 

15 infrastructure; 

16 ‘‘(J) elements and transportation corridors 

17 identified by a multi-State coalition, a State, a 

18 State advisory committee, or a metropolitan 

19 planning organization, using national or local 

20 data, as having critical freight importance to 

21 the region; 

22 ‘‘(K) intermodal connectors, major dis23 tribution centers, inland intermodal facilities, 

24 and first- and last-mile facilities; 


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1 ‘‘(L) the annual average daily truck traffic 

2 on principal arterials; and 

3 ‘‘(M) the significance of goods movement, 

4 including consideration of global and domestic 

5 supply chains. 

6 ‘‘(3) REQUIREMENTS FOR DESIGNATION.—A 

7 designation may be made under this subsection if 

8 the freight transportation facility or infrastructure 

9 being considered— 

10 ‘‘(A) is in an urbanized area, regardless of 

11 population; 

12 ‘‘(B) has been designated under subsection 

13 (e) as a critical rural freight corridor; 

14 ‘‘(C) connects an intermodal facility to— 

15 ‘‘(i) the primary freight network; or 

16 ‘‘(ii) an intermodal freight facility; 

17 ‘‘(D)(i) is located within a corridor of a 

18 route on the primary freight network; and 

19 ‘‘(ii) provides an alternative option impor20 tant to goods movement; 

21 ‘‘(E) serves a major freight generator, lo22 gistic center, agricultural region, or manufac23 turing or warehouse industrial land; or 

24 ‘‘(F) is important to the movement of 

25 freight within a State or metropolitan region, as 


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1 determined by the State or the metropolitan 

2 planning organization. 

3 ‘‘(d) REDESIGNATION OF PRIMARY FREIGHT SYS4 TEM.— 

5 ‘‘(1) IN GENERAL.—Beginning on the date that 

6 is 5 years after the initial designation under sub7 section (c), and every 5 years thereafter, the Sec8 retary, using the designation factors described in 

9 subsection (c)(3), shall redesignate the primary 

10 freight system. 

11 ‘‘(2) CONSIDERATIONS.—In redesignating the 

12 primary freight system under paragraph (1), the 

13 Secretary shall— 

14 ‘‘(A) use, to the extent practicable, meas15 urable data to assess the significance of goods 

16 movement, including the consideration of points 

17 of origin, destination, and linking components 

18 of the United States global and domestic supply 

19 chains; 

20 ‘‘(B) consider— 

21 ‘‘(i) the factors described in sub22 section (c)(2); and 

23 ‘‘(ii) any changes in the economy or 

24 freight transportation network demand; 

25 and 


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1 ‘‘(C) provide the States with an oppor2 tunity to submit proposed designations in ac3 cordance with paragraph (3). 

4 ‘‘(3) STATE INPUT.— 

5 ‘‘(A) IN GENERAL.—Each State that pro6 poses increased designations on the primary 

7 freight system shall— 

8 ‘‘(i) consider nominations for addi9 tional designations from metropolitan plan10 ning organizations within the State; 

11 ‘‘(ii) consider nominations for the ad12 ditional designations from owners and op13 erators of port, rail, pipeline, and airport 

14 facilities; and 

15 ‘‘(iii) ensure that additional designa16 tions are consistent with the State Trans17 portation Improvement Program or freight 

18 plan. 

19 ‘‘(B) REVISIONS.—States may revise 

20 routes certified under section 4006 of the Inter21 modal Surface Transportation Efficiency Act of 

22 1991 (Public Law 102–240; 105 Stat. 2148) to 

23 conform with the designated freight system 

24 under this section. 


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1 ‘‘(C) SUBMISSION AND CERTIFICATION.— 

2 Each State shall submit to the Secretary— 

3 ‘‘(i) a list of the additional designa4 tions added under this subsection; and 

5 ‘‘(ii) certification that— 

6 ‘‘(I) the State has satisfied the 

7 requirements under subparagraph (A); 

8 and 

9 ‘‘(II) the designations referred to 

10 in clause (i) address the factors for 

11 redesignation described in subsection 

12 (c)(3). 

13 ‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—A 

14 State may designate freight transportation infrastructure 

15 or facilities within the borders of the State as a critical 

16 rural freight corridor if the public road or facility— 

17 ‘‘(1) is a rural principal arterial roadway or fa18 cility; 

19 ‘‘(2) provides access or service to energy explo20 ration, development, installation, or production 

21 areas; 

22 ‘‘(3) provides access or service to— 

23 ‘‘(A) a grain elevator; 

24 ‘‘(B) an agricultural facility; 

25 ‘‘(C) a mining facility; 


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1 ‘‘(D) a forestry facility; or 

2 ‘‘(E) an intermodal facility; 

3 ‘‘(4) connects to an international port of entry; 

4 ‘‘(5) provides access to significant air, rail, 

5 water, or other freight facilities in the State; or 

6 ‘‘(6) has been determined by the State to be 

7 vital to improving the efficient movement of freight 

8 of importance to the economy of the State.’’. 

9 SEC. 1204. NATIONAL FREIGHT STRATEGIC PLAN. 

10 Subtitle III as amended by section 1203 of this Act, 

11 is further amended by adding after section 5403 the fol12 lowing: 

13 ‘‘§ 5404. National Freight Strategic Plan 

14 ‘‘(a) INITIAL DEVELOPMENT OF NATIONAL FREIGHT

15 STRATEGIC PLAN.—Not later than 3 years after the date 

16 of enactment of the Comprehensive Transportation and 

17 Consumer Protection Act of 2015, the Secretary, in con18 sultation with State departments of transportation, metro19 politan planning organizations, and other appropriate pub20 lic and private transportation stakeholders, shall develop, 

21 and after providing notice and an opportunity for com22 ment on a draft national freight strategic plan, post on 

23 the public website of the Department of Transportation, 

24 a national freight strategic plan that— 


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1 ‘‘(1) provides an assessment of the condition 

2 and performance of the national freight network; 

3 ‘‘(2) identifies any bottlenecks on the national 

4 freight network that create significant freight con5 gestion based on a quantitative methodology devel6 oped by the Secretary, which shall include— 

7 ‘‘(A) information from the Freight Anal8 ysis Framework of the Federal Highway Ad9 ministration; and 

10 ‘‘(B) to the maximum extent practicable— 

11 ‘‘(i) an estimate of the cost of ad12 dressing each bottleneck; and 

13 ‘‘(ii) any operational improvements 

14 that could be implemented to address each 

15 bottleneck; 

16 ‘‘(3) includes forecasts of freight volumes, based 

17 on the most recent data available, for the 5-year pe18 riod beginning in the year during which the plan is 

19 issued; 

20 ‘‘(4) identifies major trade gateways and na21 tional freight corridors that connect major economic 

22 corridors, population centers, trade gateways, and 

23 other major freight generators for current and fore24 casted traffic and freight volumes; 


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1 ‘‘(5) provides an assessment of statutory, regu2 latory, technological, institutional, financial, and 

3 other barriers to improved freight transportation 

4 performance, including opportunities for overcoming 

5 such barriers; 

6 ‘‘(6) identifies— 

7 ‘‘(A) routes for providing access to energy 

8 exploration, development, installation, or pro9 duction areas; and 

10 ‘‘(B) routes for providing access to major 

11 areas for manufacturing, agriculture, or natural 

12 resources; 

13 ‘‘(7) includes best practices for— 

14 ‘‘(A) improving the performance of the na15 tional freight network; and 

16 ‘‘(B) improving urban and rural access to 

17 critical freight corridors; 

18 ‘‘(8) includes a process for— 

19 ‘‘(A) addressing multistate projects; and 

20 ‘‘(B) encouraging jurisdictions to collabo21 rate on multistate projects; 

22 ‘‘(9) identifies— 

23 ‘‘(A) locations or areas with high crash 

24 rates or congestion involving freight traffic; and 

25 ‘‘(B) strategies to address such issues; and 


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1 ‘‘(10) includes strategies to improve freight 

2 intermodal connectivity. 

3 ‘‘(b) UPDATES TO NATIONAL FREIGHT STRATEGIC

4 PLAN.—Not later than 5 years after the date of comple5 tion of the first national freight strategic plan under para6 graph (1) and every 5 years thereafter, the Secretary shall 

7 update and repost on the public website of the Department 

8 of Transportation a revised national freight strategic plan, 

9 which shall include a revision of the major trade gateways 

10 and national freight corridors identified under subsection 

11 (a)(4). 

12 ‘‘(c) TRANSPORTATION INVESTMENT DATA AND

13 PLANNING TOOLS.— 

14 ‘‘(1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of the Comprehensive Trans16 portation and Consumer Protection Act of 2015, the 

17 Secretary shall— 

18 ‘‘(A) begin developing new tools and im19 proving existing tools to support State-based 

20 outcome-oriented, performance-based ap21 proaches to evaluate proposed freight-related 

22 and other transportation projects, including— 

23 ‘‘(i) methodologies for systematic 

24 analysis of benefits and costs on a national 

25 and regional basis; 


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1 ‘‘(ii) tools for ensuring that the eval2 uation of freight-related and other trans3 portation projects could consider safety, 

4 economic competitiveness, urban and rural 

5 access, and system condition in the project 

6 selection process; 

7 ‘‘(iii) improved methods for data col8 lection and trend analysis; 

9 ‘‘(iv) encouragement of public-private 

10 partnerships to carry out data sharing ac11 tivities and maintaining the confidentiality 

12 of all proprietary data; and 

13 ‘‘(v) other tools to assist in effective 

14 transportation planning; 

15 ‘‘(B) identify transportation-related model 

16 data elements to support a broad range of eval17 uation methods and techniques to assist in 

18 making transportation investment decisions; 

19 and 

20 ‘‘(C) consider, in consultation with other 

21 relevant Federal agencies, any improvements to 

22 existing freight flow data collection efforts that 

23 could— 

24 ‘‘(i) reduce identified freight data 

25 gaps and deficiencies; and 


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1 ‘‘(ii) help to improve forecasts of 

2 freight transportation demand. 

3 ‘‘(2) CONSULTATION.—The Secretary shall con4 sult with other Federal agencies, State governments, 

5 and other stakeholders to develop, improve, and im6 plement the tools and collect the data described in 

7 paragraph (1).’’. 

8 SEC. 1205. STATE FREIGHT PLANS. 

9 Subtitle III as amended by section 1204 of this Act, 

10 is further amended by adding after section 5404 the fol11 lowing: 

12 ‘‘§ 5405. State freight plans 

13 ‘‘(a) STATE FREIGHT ADVISORY COMMITTEES.— 

14 ‘‘(1) IN GENERAL.—Each State may establish a 

15 freight advisory committee, which should consist of 

16 a representative cross-section of public and private 

17 sector freight stakeholders, including representatives 

18 of ports, shippers, carriers, freight-related associa19 tions, the freight industry workforce, the State 

20 transportation department, and local governments. 

21 ‘‘(2) ROLE OF COMMITTEE.—A freight advisory 

22 committee described in paragraph (1) may— 

23 ‘‘(A) advise the State on freight-related 

24 priorities, issues, projects, and funding needs; 


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1 ‘‘(B) serve as a forum for discussion for 

2 State transportation decisions affecting freight 

3 mobility; 

4 ‘‘(C) communicate and coordinate with 

5 other organizations regarding regional prior6 ities; and 

7 ‘‘(D) promote the sharing of information 

8 between the private and public sectors on 

9 freight issues. 

10 ‘‘(b) STATE FREIGHT PLANS.— 

11 ‘‘(1) IN GENERAL.—Each State may develop a 

12 freight plan, or integrate such planning into other 

13 transportation planning documents, that provides a 

14 comprehensive plan for the immediate and long15 range planning activities and investments of the 

16 State with respect to freight. 

17 ‘‘(2) PLAN CONTENTS.—A freight plan de18 scribed in paragraph (1) should— 

19 ‘‘(A) identify significant freight system 

20 trends, needs, and issues with respect to the 

21 State; 

22 ‘‘(B) describe the freight policies, strate23 gies, and performance measures that will guide 

24 the freight-related transportation investment 

25 decisions of the State; 


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1 ‘‘(C) include, if applicable, a listing of crit2 ical rural and urban freight corridors des3 ignated within the State under this chapter; 

4 ‘‘(D) describe how the plan will improve 

5 the ability of the State to meet the national 

6 freight goals established under section 5402(b); 

7 ‘‘(E) include evidence of consideration of 

8 innovative technologies and operational strate9 gies, including intelligent transportation sys10 tems, that improve the safety and efficiency of 

11 freight movement; 

12 ‘‘(F) include— 

13 ‘‘(i) an inventory of facilities within 

14 the State with freight mobility issues, such 

15 as freight bottlenecks; and 

16 ‘‘(ii) a description of the strategies the 

17 State is employing to address such freight 

18 mobility issues; 

19 ‘‘(G) consider— 

20 ‘‘(i) any significant congestion or 

21 delay caused by freight movements; and 

22 ‘‘(ii) any strategies to mitigate such 

23 congestion or delay; and 

24 ‘‘(H) include, subject to paragraph (3), a 

25 freight investment plan that— 


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1 ‘‘(i) includes a list of priority projects; 

2 and 

3 ‘‘(ii) describes how funds made avail4 able to carry out this chapter would be in5 vested and matched. 

6 ‘‘(3) RELATIONSHIP TO LONG-RANGE PLAN.— 

7 The freight investment plan component described in 

8 paragraph (2)(H) shall include a project, or an iden9 tified phase of a project, only if funding for comple10 tion of the project can reasonably be anticipated to 

11 be available for the project within the time period 

12 identified in the freight investment plan. Unfunded 

13 project plans should be included in a separate sec14 tion. 

15 ‘‘(4) PLANNING PERIOD.—The freight plan 

16 shall address a 5-year forecast period. 

17 ‘‘(5) UPDATES.— 

18 ‘‘(A) IN GENERAL.—A State may update 

19 the freight plan under this subsection not less 

20 frequently than once every 5 years. 

21 ‘‘(B) FREIGHT INVESTMENT PLAN.—A 

22 State may update the freight investment plan 

23 more frequently than is required under sub24 paragraph (A). 


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1 ‘‘(c) INTELLIGENT FREIGHT TRANSPORTATION SYS2 TEM.— 

3 ‘‘(1) LOCATION.—An intelligent freight trans4 portation system shall be located— 

5 ‘‘(A)(i) along freight corridors; or 

6 ‘‘(ii) in a manner that connects ports-of7 entry to the freight network; and 

8 ‘‘(B) in proximity to, or within, an existing 

9 right-of-way or existing freight right-of-way. 

10 ‘‘(2) OPERATING STANDARDS.—The Secretary 

11 shall determine the need for establishing operating 

12 standards for intelligent freight transportation sys13 tems.’’. 

14 SEC. 1206. FREIGHT INVESTMENT GRANTS. 

15 Subtitle III as amended by section 1205 of this Act, 

16 is further amended by adding after section 5405 the fol17 lowing: 

18 ‘‘§ 5406. Freight investment grants 

19 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab20 lish and implement a freight investment grant program 

21 for capital investments in major freight transportation in22 frastructure projects to improve the movement of goods 

23 through the transportation network of the United States. 

24 ‘‘(b) APPLICATIONS.— 


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1 ‘‘(1) IN GENERAL.—An eligible applicant seek2 ing a grant under this section shall submit an appli3 cation to the Secretary in such form as the Sec4 retary prescribes and containing the data described 

5 in paragraph (2) and the total amount of the grant 

6 requested. 

7 ‘‘(2) CONTENTS.—Each application submitted 

8 under this subsection shall include, to the extent 

9 practicable, available data on the most recent system 

10 performance and estimated system improvements 

11 that will result from completion of the eligible 

12 project, including projections for improvements 5 

13 and 10 years after completion of the project. 

14 ‘‘(3) ACCOUNTABILITY MEASURES.—The Sec15 retary shall establish accountability measures for the 

16 management of the Freight Investment Grant Pro17 gram— 

18 ‘‘(A) to establish clear procedures for ad19 dressing late-arriving applications; 

20 ‘‘(B) to publicly communicate its decisions 

21 to accept or reject applications described in sub22 paragraph (A); and 

23 ‘‘(C) to document and approve major deci24 sions in the application evaluation and project 

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1 randum or similar mechanism that provides a 

2 clear rationale for decisions— 

3 ‘‘(i) to advance for senior review ap4 plications other than those rated as highly 

5 recommended; 

6 ‘‘(ii) to not advance applications rated 

7 as highly recommended; and 

8 ‘‘(iii) to change the technical evalua9 tion rating of an application. 

10 ‘‘(4) RESUBMISSION OF APPLICATIONS.—An eli11 gible applicant whose project is not selected under 

12 this section may resubmit an application with an ad13 dendum identifying any project updates in a subse14 quent solicitation. 

15 ‘‘(c) CRITERIA FOR PROJECT EVALUATION AND SE16 LECTION.— 

17 ‘‘(1) IN GENERAL.—The Administrator may se18 lect a project for funding under this section only if 

19 the Administrator determines that the project— 

20 ‘‘(A) is consistent with the goals described 

21 in section 5402(b); 

22 ‘‘(B) will significantly improve the national 

23 or regional performance of the freight transpor24 tation network; 


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1 ‘‘(C) is based on the results of preliminary 

2 engineering; 

3 ‘‘(D) is consistent with the long-range 

4 statewide transportation plan; 

5 ‘‘(E) cannot be readily and efficiently com6 pleted without Federal financial assistance; 

7 ‘‘(F) is justified based on the ability of the 

8 project— 

9 ‘‘(i) to generate national economic 

10 benefits that reasonably exceed the costs of 

11 the project; 

12 ‘‘(ii) to reduce long-term congestion, 

13 including impacts on a regional and state14 wide basis; or 

15 ‘‘(iii) to increase the speed, reliability, 

16 and accessibility of the movement of 

17 freight; and 

18 ‘‘(G) is supported by a sufficient amount 

19 of non-Federal funding, including evidence of 

20 stable and dependable financing to construct, 

21 maintain, and operate the infrastructure facil22 ity. 

23 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In evalu24 ating a project under this section, in addition to the 


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1 criteria described in paragraph (1), the Secretary 

2 shall consider the extent to which the project— 

3 ‘‘(A) leverages Federal investment by en4 couraging non-Federal contributions to the 

5 project, including contributions from public-pri6 vate partnerships; 

7 ‘‘(B) is able to begin construction by the 

8 date that is not later than 12 months after the 

9 date on which the project is selected; 

10 ‘‘(C) incorporates innovative project deliv11 ery and financing to the maximum extent prac12 ticable; 

13 ‘‘(D) improves freight facilities vital to ag14 ricultural or national energy security; 

15 ‘‘(E) improves or upgrades current or des16 ignated future Interstate System routes; 

17 ‘‘(F) uses innovative technologies, includ18 ing intelligent transportation systems, that en19 hance the efficiency of the project; 

20 ‘‘(G) helps to improve mobility and accessi21 bility; and 

22 ‘‘(H) improves transportation safety, in23 cluding reducing transportation accident and 

24 serious injuries and fatalities. 


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1 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—In awarding 

2 grants under this section, the Secretary shall take meas3 ures to ensure, to the maximum extent practicable— 

4 ‘‘(1) an equitable geographic distribution of 

5 amounts; and 

6 ‘‘(2) an appropriate balance in addressing the 

7 needs of rural and urban communities. 

8 ‘‘(e) ELIGIBLE PROJECTS.— 

9 ‘‘(1) IN GENERAL.—A project is eligible for a 

10 grant under this section if the project— 

11 ‘‘(A) is difficult to complete with existing 

12 Federal, State, local, and private funds; 

13 ‘‘(B)(i) enhances the economic competitive14 ness of the United States; or 

15 ‘‘(ii) improves the flow of freight or re16 duces bottlenecks in our Nation’s freight infra17 structure; and 

18 ‘‘(C) will advance 1 or more of the fol19 lowing objectives: 

20 ‘‘(i) Generate regional or national eco21 nomic benefits and an increase in the glob22 al economic competitiveness of the United 

23 States. 


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1 ‘‘(ii) Improve transportation resources 

2 vital to agriculture or national energy secu3 rity. 

4 ‘‘(iii) Improve the efficiency, reli5 ability, and affordability of the movement 

6 of freight. 

7 ‘‘(iv) Improve existing freight infra8 structure projects. 

9 ‘‘(v) Improve the movement of people 

10 by improving rural and metropolitan 

11 freight routes. 

12 ‘‘(2) EXAMPLES.—Eligible projects for grant 

13 funding under this section shall include— 

14 ‘‘(A) a freight intermodal facility, includ15 ing— 

16 ‘‘(i) an intermodal facility serving a 

17 seaport; 

18 ‘‘(ii) an intermodal or cargo access fa19 cility serving an airport; 

20 ‘‘(iii) an intermodal facility serving a 

21 port on the inland waterways; 

22 ‘‘(iv) a bulk intermodal/transload fa23 cility; or 

24 ‘‘(v) a highway/rail intermodal facility; 


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1 ‘‘(B) highway or bridge projects eligible 

2 under title 23; 

3 ‘‘(C) public transportation projects that re4 duce congestion on freight corridors and are eli5 gible under chapter 53; 

6 ‘‘(D) freight rail transportation projects 

7 (including rail-grade separations); and 

8 ‘‘(E) port infrastructure investments (in9 cluding inland port infrastructure). 

10 ‘‘(f) ELIGIBLE APPLICANTS.—An applicant is eligible 

11 to receive a grant under this section if the applicant is— 

12 ‘‘(1) a State or a group of States; 

13 ‘‘(2) a local government or a group of local gov14 ernments; 

15 ‘‘(3) a tribal government or a group of tribal 

16 governments; 

17 ‘‘(4) a transit agency or a group of transit 

18 agencies; 

19 ‘‘(5) a special purpose district or a public au20 thority with a transportation function; 

21 ‘‘(6) a port authority; 

22 ‘‘(7) a political subdivision of a State or local 

23 government; 

24 ‘‘(8) a Federal land management agency, which 

25 is applying jointly with a State; or 


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1 ‘‘(9) a multistate or multijurisdictional group of 

2 entities described in any of paragraphs (1) through 

3 (8). 

4 ‘‘(g) REQUIREMENTS.— 

5 ‘‘(1) COMPETITIVE GRANTS.—The Secretary 

6 shall distribute amounts appropriated for grants 

7 under this section to States, local governments, tran8 sit agencies, or a collaboration among such entities 

9 on a competitive basis for projects that will have a 

10 significant impact on freight movement. 

11 ‘‘(2) CONSIDERATIONS.—In selecting projects 

12 to receive grant funding under this section, the Sec13 retary shall— 

14 ‘‘(A) consider— 

15 ‘‘(i) projected freight volumes; and 

16 ‘‘(ii) how projects will enhance eco17 nomic efficiency, productivity, and competi18 tiveness; and 

19 ‘‘(B) give priority to projects dedicated 

20 to— 

21 ‘‘(i) improving freight infrastructure 

22 facilities; 

23 ‘‘(ii) reducing travel time for freight 

24 projects; and 


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1 ‘‘(iii) reducing freight transportation 

2 costs. 

3 ‘‘(3) EQUITABLE DISTRIBUTION OF FUNDS.—In 

4 distributing funding for grants under this section, 

5 the Secretary shall take such measures to ensure— 

6 ‘‘(A) an equitable geographic distribution 

7 of funds; 

8 ‘‘(B) an appropriate balance in addressing 

9 the needs of urban and rural areas; and 

10 ‘‘(C) the investment in a variety of trans11 portation modes. 

12 ‘‘(4) AMOUNT.— 

13 ‘‘(A) IN GENERAL.—Except as provided 

14 under subparagraph (B)(i), a grant under this 

15 heading shall be not less than $10,000,000 and 

16 not greater than $100,000,000. 

17 ‘‘(B) PROJECTS IN RURAL AREAS.—If a 

18 grant awarded under this section is for a 

19 project located in a rural area— 

20 ‘‘(i) the amount of the grant shall be 

21 at least $1,000,000; and 

22 ‘‘(ii) the Secretary may increase the 

23 Federal share of costs to greater than 80 

24 percent. 


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1 ‘‘(5) FEDERAL SHARE.—Except as provided 

2 under paragraph (4)(B)(ii), the Federal share of the 

3 costs for a project receiving a grant under this sec4 tion shall be up to 80 percent. 

5 ‘‘(6) PRIORITY.—The Secretary shall give pri6 ority to projects that require a contribution of Fed7 eral funds in order to complete an overall financing 

8 package. 

9 ‘‘(7) RURAL AREAS.—Not less than 25 percent 

10 of the funding provided under this section shall be 

11 for projects located in rural areas. 

12 ‘‘(8) NEW COMPETITION.—The Secretary shall 

13 conduct a new competition to select the grants and 

14 credit assistance awarded under this section. 

15 ‘‘(9) CONGRESSIONAL NOTIFICATION.—Not 

16 later than 72 hours before public notification of a 

17 grant awarded under this section, the Secretary shall 

18 notify the Committee on Commerce, Science, and 

19 Transportation of the Senate, the Committee on En20 vironment and Public Works of the Senate, the 

21 Committee on Banking, Housing, and Urban Affairs 

22 of the Senate, the Committee on Appropriations of 

23 the Senate, the Committee on Transportation and 

24 Infrastructure of the House of Representatives, and 


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1 the Committee on Appropriations of the House of 

2 Representatives of such award. 

3 ‘‘(h) TIFIA AND RRIF PROGRAMS.—On the request 

4 of an eligible entity under this section, the Secretary may 

5 use amounts awarded to the entity to pay subsidy and ad6 ministrative costs necessary to provide the entity Federal 

7 credit assistance under section 6 of title 23 or section 822 

8 of title 45 with respect to the project for which the grant 

9 was awarded. 

10 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 

11 ‘‘(1) IN GENERAL.—There is authorized to be 

12 appropriated from the general fund of the Treasury, 

13 $500,000,000 for each of the fiscal years 2016 

14 through 2021 to carry out this section. 

15 ‘‘(2) ADMINISTRATIVE AND OVERSIGHT

16 COSTS.—The Secretary may retain up to 0.5 percent 

17 of the amounts appropriated pursuant to paragraph 

18 (1)— 

19 ‘‘(A) to administer the freight investment 

20 grant program; and 

21 ‘‘(B) to oversee eligible projects funded 

22 under this section. 

23 ‘‘(3) ADMINISTRATION OF FUNDS.—Amounts 

24 appropriated pursuant to this subsection shall be 

25 available for obligation until expended.’’. 


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1 SEC. 1207. REPORTS. 

2 Subtitle III, as amended by section 1206 of this Act, 

3 is further amended by adding after section 5406 the fol4 lowing: 

5 ‘‘§ 5407. Reports 

6 ‘‘(a) FREIGHT TRANSPORTATION CONDITIONS AND

7 PERFORMANCE REPORTS.—Not later than 3 years after 

8 the date of enactment of the Comprehensive Transpor9 tation and Consumer Protection Act of 2015, and every 

10 5 years thereafter, the Secretary shall submit a report to 

11 Congress that describes the conditions and performance 

12 of the national freight network in the United States. 

13 ‘‘(b) ANNUAL REPORT.—At the end of each fiscal 

14 year, the Secretary shall post, on a public website, an an15 nual report that lists each project for which assistance has 

16 been provided under this chapter during that fiscal year. 

17 ‘‘(c) GAO ASSESSMENT AND REPORT.— 

18 ‘‘(1) ASSESSMENT.—The Comptroller General 

19 of the United States shall conduct an assessment of 

20 the administrative establishment, solicitation, selec21 tion, and justification process for funding of projects 

22 under this chapter. 

23 ‘‘(2) REPORT.—Not later than 1 year after the 

24 first funding is awarded under this chapter, and not 

25 later than 6 months after each funding solicitation, 

26 the Comptroller General of the United States shall 


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1 submit a report to the Committee on Commerce, 

2 Science, and Transportation of the Senate, the Com3 mittee on Environment and Public Works of the 

4 Senate, the Committee on Banking, Housing and 

5 Urban Affairs of the Senate, the Committee on Ap6 propriations of the Senate, the Committee on Trans7 portation and Infrastructure of the House of Rep8 resentatives, and the Committee on Appropriations 

9 of the House of Representatives that describes— 

10 ‘‘(A) the adequacy and fairness of the 

11 process by which each project was selected; 

12 ‘‘(B) the justification provided by the De13 partment for the selection of each project; 

14 ‘‘(C) whether the project met the criteria 

15 described in subsection (e); and 

16 ‘‘(D) whether the Secretary provided ade17 quate feedback to applicants who were not se18 lected for an award.’’. 

19 SEC. 1208. REPEALS. 

20 The Moving Ahead for Progress in the 21st Century 

21 Act (Public Law 112–141) is amended by striking sections 

22 1117 and 1118 (23 U.S.C. 167 note). 

23 SEC. 1209. SAVINGS PROVISION. 

24 No provision in this subtitle may be construed to pro25 vide additional authority to regulate or direct private acVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 tivity on freight networks designated by the amendments 

2 made under this subtitle. 

3 Subtitle C—Research 

4 SEC. 1301. FINDINGS. 

5 Congress makes the followings findings: 

6 (1) Federal transportation research planning 

7 and coordination— 

8 (A) should occur within the Office of the 

9 Secretary; and 

10 (B) should be, to the extent practicable, 

11 multimodal and not occur solely within the sub12 agencies of the Department of Transportation. 

13 (2) Managing a multi-modal research portfolio 

14 within the Office of the Secretary will— 

15 (A) help identify opportunities where re16 search could be applied across modes; and 

17 (B) prevent duplication of efforts and 

18 waste of limited Federal resources. 

19 (3) An ombudsman for research at the Depart20 ment of Transportation will— 

21 (A) give stakeholders a formal opportunity 

22 to address concerns; 

23 (B) ensure unbiased research; and 

24 (C) improve the overall research products 

25 of the Department. 


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1 (4) Increasing transparency of transportation 

2 research efforts will— 

3 (A) build stakeholder confidence in the 

4 final product; and 

5 (B) lead to the improved implementation 

6 of research findings. 

7 SEC. 1302. MODAL RESEARCH PLANS. 

8 (a) IN GENERAL.—Not later than June 15 of the 

9 year preceding the research fiscal year, the head of each 

10 modal administration and joint program office of the De11 partment of Transportation shall submit a comprehensive 

12 annual research plan to the Assistant Secretary for Re13 search and Technology of the Department of Transpor14 tation (referred to in this subtitle as the ‘‘Assistant Sec15 retary’’). 

16 (b) REVIEW.— 

17 (1) IN GENERAL.—Not later than October 1, 

18 the Assistant Secretary, for each plan submitted 

19 pursuant to subsection (a), shall— 

20 (A) review the scope of the research; and 

21 (B)(i) approve the plan; or 

22 (ii) request that the plan be revised. 

23 (2) PUBLICATIONS.—Not later than January 

24 30 of each year, the Secretary shall publish each 


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1 plan that has been approved under paragraph 

2 (1)(B)(i) on a public website. 

3 (3) REJECTION OF DUPLICATIVE RESEARCH EF4 FORTS.—The Assistant Secretary may not approve 

5 any plan submitted by the head of a modal adminis6 tration pursuant to subsection (a) if such plan dupli7 cates the research efforts of any other modal admin8 istration. 

9 (c) FUNDING LIMITATIONS.—No funds may be ex10 pended by the Department of Transportation on research 

11 that has not previously been approved as part of a modal 

12 research plan approved by the Assistant Secretary un13 less— 

14 (1) such research is required by an Act of Con15 gress; 

16 (2) such research was part of a contract that 

17 was funded before the date of enactment of this Act; 

18 or 

19 (3) the Secretary of Transportation certifies to 

20 Congress that such research is necessary before the 

21 approval of a modal research plan. 

22 (d) DUPLICATIVE RESEARCH.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), no funds may be expended by the Depart25 ment of Transportation on research projects that the 


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1 Secretary identifies as duplicative under subsection 

2 (b)(3). 

3 (2) EXCEPTIONS.—Paragraph (1) shall not 

4 apply to— 

5 (A) updates to previously commissioned re6 search; 

7 (B) research commissioned to carry out an 

8 Act of Congress; or 

9 (C) research commissioned before the date 

10 of enactment of this Act. 

11 (e) CERTIFICATION.— 

12 (1) IN GENERAL.—The Secretary shall annually 

13 certify to Congress that— 

14 (A) each modal research plan has been re15 viewed; and 

16 (B) there is no duplication of study for re17 search directed, commissioned, or conducted by 

18 the Department of Transportation. 

19 (2) CORRECTIVE ACTION PLAN.—If the Sec20 retary, after submitting a certification under para21 graph (1), identifies duplication of research within 

22 the Department of Transportation, the Secretary 

23 shall— 

24 (A) notify Congress of the duplicative re25 search; and 


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1 (B) submit a corrective action plan to Con2 gress that will eliminate such duplicative re3 search. 

4 SEC. 1303. CONSOLIDATED RESEARCH PROSPECTUS AND 

5 STRATEGIC PLAN. 

6 (a) PROSPECTUS.— 

7 (1) IN GENERAL.—The Secretary shall annually 

8 publish, on a public website, a comprehensive pro9 spectus on all research projects conducted by the 

10 Department of Transportation, including, to the ex11 tent practicable, research funded through University 

12 Transportation Centers. 

13 (2) CONTENTS.—The prospectus published 

14 under paragraph (1) shall— 

15 (A) include the consolidated modal re16 search plans approved under section 1302; 

17 (B) describe the research objectives, 

18 progress, and allocated funds for each research 

19 project; 

20 (C) identify research projects with 

21 multimodal applications; 

22 (D) specify how relevant modal administra23 tions have assisted, will contribute to, or plan 

24 to use the findings from the research projects 

25 identified under paragraph (1); 


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1 (E) identify areas in which multiple modal 

2 administrations are conducting research 

3 projects on similar subjects or subjects which 

4 have bearing on multiple modes; 

5 (F) describe the interagency and cross 

6 modal communication and coordination that has 

7 occurred to prevent duplication of research ef8 forts within the Department of Transportation; 

9 (G) indicate how research is being dissemi10 nated to improve the efficiency and safety of 

11 transportation systems; 

12 (H) describe how agencies developed their 

13 research plans; and 

14 (I) describe the opportunities for public 

15 and stakeholder input. 

16 (b) FUNDING REPORT.—In conjunction with each of 

17 the President’s annual budget requests under section 1105 

18 of title 31, United States Code, the Secretary shall submit 

19 a report to appropriate committees of Congress that de20 scribes— 

21 (1) the amount spent in the last completed fis22 cal year on transportation research and develop23 ment; and 

24 (2) the amount proposed in the current budget 

25 for transportation research and development. 


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1 (c) PERFORMANCE PLANS AND REPORTS.—In the 

2 plans and reports submitted under sections 1115 and 

3 1116 of title 31, United States Code, the Secretary shall 

4 include— 

5 (1) a summary of the Federal transportation 

6 research and development activities for the previous 

7 fiscal year in each topic area; 

8 (2) the amount spent in each topic area; 

9 (3) a description of the extent to which the re10 search and development is meeting the expectations 

11 set forth in subsection (d)(3)(A); and 

12 (4) any amendments to the strategic plan devel13 oped under subsection (d). 

14 (d) TRANSPORTATION RESEARCH AND DEVELOP15 MENT STRATEGIC PLAN.— 

16 (1) IN GENERAL.—The Secretary shall develop 

17 a 5-year transportation research and development 

18 strategic plan to guide future Federal transportation 

19 research and development activities. 

20 (2) CONSISTENCY.—The strategic plan devel21 oped under paragraph (1) shall be consistent with— 

22 (A) section 306 of title 5, United States 

23 Code; 

24 (B) sections 1115 and 1116 of title 31, 

25 United States Code; and 


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1 (C) any other research and development 

2 plan within the Department of Transportation. 

3 (3) CONTENTS.—The strategic plan developed 

4 under paragraph (1) shall— 

5 (A) describe the primary purposes of the 

6 transportation research and development pro7 gram, which shall include— 

8 (i) promoting safety; 

9 (ii) reducing congestion; 

10 (iii) improving mobility; 

11 (iv) preserving the existing transpor12 tation system; 

13 (v) improving the durability and ex14 tending the life of transportation infra15 structure; and 

16 (vi) improving goods movement; 

17 (B) for each of the purposes referred to in 

18 subparagraph (A), list the primary research and 

19 development topics that the Department of 

20 Transportation intends to pursue to accomplish 

21 that purpose, which may include— 

22 (i) fundamental research in the phys23 ical and natural sciences; 

24 (ii) applied research; 

25 (iii) technology research; and 


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1 (iv) social science research intended 

2 for each topic; and 

3 (C) for each research and development 

4 topic— 

5 (i) identify the anticipated annual 

6 funding levels for the period covered by the 

7 strategic plan; and 

8 (ii) include any additional information 

9 the Department of Transportation expects 

10 to discover at the end of the period covered 

11 by the strategic plan as a result of the re12 search and development in that topic area. 

13 (4) CONSIDERATIONS.—The Secretary shall en14 sure that the strategic plan developed under this sec15 tion— 

16 (A) reflects input from a wide range of 

17 stakeholders; 

18 (B) includes and integrates the research 

19 and development programs of all the Depart20 ment of Transportation’s modal administra21 tions, including aviation, transit, rail, and mari22 time; and 

23 (C) takes into account how research and 

24 development by other Federal, State, private 

25 sector, and nonprofit institutions— 


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1 (i) contributes to the achievement of 

2 the purposes identified under paragraph 

3 (3)(A); and 

4 (ii) avoids unnecessary duplication of 

5 such efforts. 

6 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 (1) CHAPTER 5 OF TITLE 23.—Chapter 5 of 

8 title 23, United States Code, is amended— 

9 (A) by striking section 508; 

10 (B) in the table of contents, by striking the 

11 item relating to section 508; 

12 (C) in section 502— 

13 (i) in subsection (a)(9), by striking 

14 ‘‘transportation research and technology 

15 development strategic plan developed under 

16 section 508’’ and inserting ‘‘transportation 

17 research and development strategic plan 

18 under section 1303 of the Comprehensive 

19 Transportation and Consumer Protection 

20 Act of 2015’’; and 

21 (ii) in subsection (b)(4), by striking 

22 ‘‘transportation research and development 

23 strategic plan of the Secretary developed 

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1 tegic plan under section 1303 of the Com2 prehensive Transportation and Consumer 

3 Protection Act of 2015’’; and 

4 (D) in section 512(b), by striking ‘‘as part 

5 of the transportation research and development 

6 strategic plan developed under section 508’’. 

7 (2) INTELLIGENT TRANSPORTATION SYS8 TEMS.—Section 5205 of the Intelligent Transpor9 tation Systems Act of 1998 (23 U.S.C. 502 note) is 

10 amended— 

11 (A) in subsection (b), by striking ‘‘as part 

12 of the Surface Transportation Research and 

13 Development Strategic Plan developed under 

14 section 508 of title 23, United States Code’’ 

15 and inserting ‘‘as part of the transportation re16 search and development strategic plan under 

17 section 1303 of the Comprehensive Transpor18 tation and Consumer Protection Act of 2015’’; 

19 and 

20 (B) in subsection (e)(2)(A), by striking ‘‘or 

21 the Surface Transportation Research and De22 velopment Strategic Plan developed under sec23 tion 508 of title 23, United States Code’’ and 

24 inserting ‘‘or the transportation research and 

25 development strategic plan under section 1303 


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1 of the Comprehensive Transportation and Con2 sumer Protection Act of 2015’’. 

3 (3) INTELLIGENT TRANSPORTATION SYSTEM

4 RESEARCH.—Subtitle C of title V of the Safe, Ac5 countable, Flexible, Efficient Transportation Equity 

6 Act: A Legacy for Users (23 U.S.C. 512 note) is 

7 amended— 

8 (A) in section 5305(h)(3)(A), by striking 

9 ‘‘the strategic plan under section 508 of title 

10 23, United States Code’’ and inserting ‘‘the 5- 

11 year transportation research and development 

12 strategic plan under section 1303 of the Com13 prehensive Transportation and Consumer Pro14 tection Act of 2015’’; and 

15 (B) in section 5307(c)(2)(A), by striking 

16 ‘‘or the surface transportation research and de17 velopment strategic plan developed under sec18 tion 508 of title 23, United States Code’’ and 

19 inserting ‘‘or the 5-year transportation research 

20 and development strategic plan under section 

21 1303 of the Comprehensive Transportation and 

22 Consumer Protection Act of 2015’’. 

23 SEC. 1304. RESEARCH OMBUDSMAN. 

24 (a) IN GENERAL.—Subtitle III is amended by insert25 ing after chapter 63 the following: 


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1 ‘‘CHAPTER 65—RESEARCH OMBUDSMAN 

‘‘Sec. 

‘‘6501. Research ombudsman. 

2 ‘‘§ 6501. Research ombudsman 

3 ‘‘(a) ESTABLISHMENT.—The Assistant Secretary for 

4 Research and Technology shall appoint a career Federal 

5 employee to serve as Research Ombudsman. This appoint6 ment shall not diminish the authority of peer review of 

7 research. 

8 ‘‘(b) QUALIFICATIONS.—The Research Ombudsman 

9 appointed under subsection (a), to the extent prac10 ticable— 

11 ‘‘(1) shall have a background in academic re12 search and a strong understanding of sound study 

13 design; 

14 ‘‘(2) shall develop a working knowledge of the 

15 stakeholder communities and research needs of the 

16 transportation field; and 

17 ‘‘(3) shall not have served as a political ap18 pointee of the Department. 

19 ‘‘(c) RESPONSIBILITIES.— 

20 ‘‘(1) ADDRESSING COMPLAINTS AND QUES21 TIONS.—The Research Ombudsman shall— 

22 ‘‘(A) receive complaints and questions 

23 about— 


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1 ‘‘(i) significant alleged omissions, im2 proprieties, and systemic problems; and 

3 ‘‘(ii) excessive delays of, or within, a 

4 specific research project; and 

5 ‘‘(B) evaluate and address the complaints 

6 and questions described in subparagraph (A). 

7 ‘‘(2) PETITIONS.— 

8 ‘‘(A) REVIEW.—The Research Ombudsman 

9 shall review petitions relating to— 

10 ‘‘(i) conflicts of interest; 

11 ‘‘(ii) the study design and method12 ology; 

13 ‘‘(iii) assumptions and potential bias; 

14 ‘‘(iv) the length of the study; and 

15 ‘‘(v) the composition of any data sam16 pled. 

17 ‘‘(B) RESPONSE TO PETITIONS.—The Re18 search Ombudsman shall— 

19 ‘‘(i) respond to relevant petitions 

20 within a reasonable period; 

21 ‘‘(ii) identify deficiencies in the peti22 tion’s study design; and 

23 ‘‘(iii) propose a remedy for such defi24 ciencies to the administrator of the modal 


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1 administration responsible for completing 

2 the research project. 

3 ‘‘(C) RESPONSE TO PROPOSED REMEDY.— 

4 The administrator of the modal agency charged 

5 with completing the research project shall re6 spond to the proposed research remedy. 

7 ‘‘(3) REQUIRED REVIEWS.—The Research Om8 budsman shall evaluate the study plan for all statu9 torily required studies and reports before the com10 mencement of such studies to ensure that the re11 search plan has an appropriate sample size and com12 position to address the stated purpose of the study. 

13 ‘‘(d) REPORTS.— 

14 ‘‘(1) IN GENERAL.—Upon the completion of 

15 each review under subsection (c), the Research Om16 budsman shall— 

17 ‘‘(A) submit a report containing the results 

18 of such review to— 

19 ‘‘(i) the Secretary; 

20 ‘‘(ii) the head of the relevant modal 

21 administration; and 

22 ‘‘(iii) the study or research leader; 

23 and 


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1 ‘‘(B) publish such results on a public 

2 website, with the modal agency response re3 quired under subsection (c)(2)(C). 

4 ‘‘(2) INDEPENDENCE.—Each report required 

5 under this section shall be provided directly to the 

6 individuals described in paragraph (1) without any 

7 comment or amendment from the Secretary, the 

8 Deputy Secretary of Transportation, the head of any 

9 modal administration of the Department, or any 

10 other officer or employee of the Department or the 

11 Office of Management and Budget. 

12 ‘‘(e) REPORT TO INSPECTOR GENERAL.—The Re13 search Ombudsman shall submit any evidence of misfea14 sance, malfeasance, waste, fraud, or abuse uncovered dur15 ing a review under this section to the Inspector General 

16 for further review. 

17 ‘‘(f) REMOVAL.—The Research Ombudsman shall be 

18 subject adverse employment action for misconduct or good 

19 cause in accordance with the procedures and grounds set 

20 forth in chapter 75 of title 5.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 The table of chapters for subtitle III is amended by insert23 ing after the item relating to chapter 63 the following: 

‘‘65. Research ombudsman ...................................................................... 6501’’. 


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1 SEC. 1305. SMART CITIES TRANSPORTATION PLANNING 

2 STUDY. 

3 (a) IN GENERAL.—The Secretary shall conduct a 

4 study of digital technologies and information technologies, 

5 including shared mobility, data, transportation network 

6 companies, and on-demand transportation services— 

7 (1) to understand the degree to which cities are 

8 adopting these technologies; 

9 (2) to assess future planning, infrastructure 

10 and investment needs; and 

11 (3) to provide best practices to plan for smart 

12 cities in which information and technology are 

13 used— 

14 (A) to improve city operations; 

15 (B) to grow the local economy; 

16 (C) to improve response in times of emer17 gencies and natural disasters; and 

18 (D) to improve the lives of city residents. 

19 (b) COMPONENTS.—The study conducted under sub20 section (a) shall— 

21 (1) identify broad issues that influence the abil22 ity of the United States to plan for and invest in 

23 smart cities, including barriers to collaboration and 

24 access to scientific information; and 

25 (2) review how the expanded use of digital tech26 nologies, mobile devices, and information may— 


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1 (A) enhance the efficiency and effective2 ness of existing transportation networks; 

3 (B) optimize demand management serv4 ices; 

5 (C) impact low-income and other disadvan6 taged communities; 

7 (D) assess opportunities to share, collect, 

8 and use data; 

9 (E) change current planning and invest10 ment strategies; and 

11 (F) provide opportunities for enhanced co12 ordination and planning. 

13 (c) REPORTING.—Not later than 18 months after the 

14 date of enactment of this Act, the Secretary shall publish 

15 the report containing the results of the study required 

16 under subsection (a) to a public website. 

17 SEC. 1306. BUREAU OF TRANSPORTATION STATISTICS 

18 INDEPENDENCE. 

19 Section 6302 is amended by adding at the end the 

20 following: 

21 ‘‘(d) INDEPENDENCE OF BUREAU.— 

22 ‘‘(1) IN GENERAL.—The Director shall not be 

23 required— 

24 ‘‘(A) to obtain the approval of any other 

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1 spect to the collection or analysis of any infor2 mation; or 

3 ‘‘(B) prior to publication, to obtain the ap4 proval of any other officer or employee of the 

5 United States with respect to the substance of 

6 any statistical technical reports or press re7 leases lawfully prepared by the Director. 

8 ‘‘(2) BUDGET AUTHORITY.—The Director shall 

9 have final authority for the disposition and alloca10 tion of the Bureau’s authorized budget, including— 

11 ‘‘(A) all hiring, grants, cooperative agree12 ments, and contracts awarded by the Bureau to 

13 carry out this section; and 

14 ‘‘(B) the disposition and allocation of 

15 amounts paid to the Bureau for cost-reimburs16 able projects. 

17 ‘‘(3) EXCEPTIONS.—The Secretary shall direct 

18 external support functions, such as the coordination 

19 of activities involving multiple modal administra20 tions. 

21 ‘‘(4) INFORMATION TECHNOLOGY.—In consulta22 tion with the Chief Information Officer, the Director 

23 shall have the final authority in decisions regarding 

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1 tical purposes, in accordance with the Confidential 

2 Information Protection and Statistical Efficiency Act 

3 of 2002 (44 U.S.C. 3501 note).’’. 

4 SEC. 1307. CONFORMING AMENDMENTS. 

5 (a) TITLE 49 AMENDMENTS.— 

6 (1) ASSISTANT SECRETARIES; GENERAL COUN7 SEL.—Section 102(e) is amended— 

8 (A) in paragraph (1), by striking ‘‘5’’ and 

9 inserting ‘‘6’’; and 

10 (B) in paragraph (1)(A), by inserting ‘‘an 

11 Assistant Secretary for Research and Tech12 nology,’’ before ‘‘and an Assistant Secretary’’. 

13 (2) OFFICE OF THE ASSISTANT SECRETARY

14 FOR RESEARCH AND TECHNOLOGY OF THE DEPART15 MENT OF TRANSPORTATION.—Section 112 is re16 pealed. 

17 (3) TABLE OF CONTENTS.—The table of con18 tents of chapter 1 is amended by striking the item 

19 relating to section 112. 

20 (4) RESEARCH CONTRACTS.—Section 330 is 

21 amended— 

22 (A) in the section heading, by striking 

23 ‘‘contracts’’ and inserting ‘‘activities’’; 

24 (B) in subsection (a), by inserting ‘‘IN

25 GENERAL.—’’ before ‘‘The Secretary’’; 


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1 (C) in subsection (b), by inserting ‘‘RE2 SPONSIBILITIES.—’’ before ‘‘In carrying out’’; 

3 (D) in subsection (c), by inserting ‘‘PUBLI4 CATIONS.—’’ before ‘‘The Secretary’’; and 

5 (E) by adding at the end the following: 

6 ‘‘(d) DUTIES.—The Secretary shall provide for the 

7 following: 

8 ‘‘(1) Coordination, facilitation, and review of 

9 the Department’s research and development pro10 grams and activities. 

11 ‘‘(2) Advancement, and research and develop12 ment, of innovative technologies, including intelligent 

13 transportation systems. 

14 ‘‘(3) Comprehensive transportation statistics re15 search, analysis, and reporting. 

16 ‘‘(4) Education and training in transportation 

17 and transportation-related fields. 

18 ‘‘(5) Activities of the Volpe National Transpor19 tation Systems Center. 

20 ‘‘(e) ADDITIONAL AUTHORITIES.—The Secretary 

21 may— 

22 ‘‘(1) enter into grants and cooperative agree23 ments with Federal agencies, State and local govern24 ment agencies, other public entities, private organi25 zations, and other persons— 


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1 ‘‘(A) to conduct research into transpor2 tation service and infrastructure assurance; and 

3 ‘‘(B) to carry out other research activities 

4 of the Department; 

5 ‘‘(2) carry out, on a cost-shared basis, collabo6 rative research and development to encourage inno7 vative solutions to multimodal transportation prob8 lems and stimulate the deployment of new tech9 nology with— 

10 ‘‘(A) non-Federal entities, including State 

11 and local governments, foreign governments, in12 stitutions of higher education, corporations, in13 stitutions, partnerships, sole proprietorships, 

14 and trade associations that are incorporated or 

15 established under the laws of any State; 

16 ‘‘(B) Federal laboratories; and 

17 ‘‘(C) other Federal agencies; and 

18 ‘‘(3) directly initiate contracts, grants, coopera19 tive research and development agreements (as de20 fined in section 12 of the Stevenson-Wydler Tech21 nology Innovation Act of 1980 (15 U.S.C. 3710a)), 

22 and other agreements to fund, and accept funds 

23 from, the Transportation Research Board of the Na24 tional Research Council of the National Academy of 

25 Sciences, State departments of transportation, cities, 


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1 counties, institutions of higher education, associa2 tions, and the agents of those entities to carry out 

3 joint transportation research and technology efforts. 

4 ‘‘(f) FEDERAL SHARE.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 the Federal share of the cost of an activity carried 

7 out under subsection (e)(3) shall not exceed 50 per8 cent. 

9 ‘‘(2) EXCEPTION.—If the Secretary determines 

10 that the activity is of substantial public interest or 

11 benefit, the Secretary may approve a greater Federal 

12 share. 

13 ‘‘(3) NON-FEDERAL SHARE.—All costs directly 

14 incurred by the non-Federal partners, including per15 sonnel, travel, facility, and hardware development 

16 costs, shall be credited toward the non-Federal share 

17 of the cost of an activity described in paragraph (1). 

18 ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 

19 fiscal years 2016 through 2021, the Secretary is authorized to expend not more than 11 20 ⁄2 percent of the amounts 

21 authorized to be appropriated for necessary expenses for 

22 administration and operations of the Office of the Assist23 ant Secretary for Research and Technology for the coordi24 nation, evaluation, and oversight of the programs adminis25 tered under this section. 


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1 ‘‘(h) USE OF TECHNOLOGY.—The research, develop2 ment, or use of a technology under a contract, grant, coop3 erative research and development agreement, or other 

4 agreement entered into under this section, including the 

5 terms under which the technology may be licensed and the 

6 resulting royalties may be distributed, shall be subject to 

7 the Stevenson-Wydler Technology Innovation Act of 1980 

8 (15 U.S.C. 3701 et seq.). 

9 ‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.— 

10 Section 6101 of title 41 shall not apply to a contract, 

11 grant, or other agreement entered into under this sec12 tion.’’. 

13 (5) TABLE OF CONTENTS.—The item relating 

14 to section 330 in the table of contents of chapter 3 

15 is amended by striking ‘‘Contracts’’ and inserting 

16 ‘‘Activities’’. 

17 (6) BUREAU OF TRANSPORTATION STATIS18 TICS.—Section 6302(a) is amended to read as fol19 lows: 

20 ‘‘(a) IN GENERAL.—There shall be within the De21 partment the Bureau of Transportation Statistics.’’. 

22 (b) TITLE 5 AMENDMENTS.— 

23 (1) POSITIONS AT LEVEL II.—Section 5313 of 

24 title 5, United States Code, is amended by striking 

25 ‘‘Under Secretary of Transportation for Security.’’. 


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1 (2) POSITIONS AT LEVEL III.—Section 5314 of 

2 title 5, United States Code, is amended by striking 

3 ‘‘Administrator, Research and Innovative Tech4 nology Administration.’’. 

5 (3) POSITIONS AT LEVEL IV.—Section 5315 of 

6 title 5, United States Code, is amended by striking 

7 ‘‘(4)’’ in the undesignated item relating to Assistant 

8 Secretaries of Transportation and inserting ‘‘(5)’’. 

9 (4) POSITIONS AT LEVEL V.—Section 5316 is 

10 amended by striking ‘‘Associate Deputy Secretary, 

11 Department of Transportation.’’. 

12 SEC. 1308. REPEAL OF OBSOLETE OFFICE. 

13 (a) IN GENERAL.—Section 5503 is repealed. 

14 (b) TABLE OF CONTENTS.—The table of contents of 

15 chapter 55 is amended by striking the item relating to 

16 section 5503. 

17 Subtitle D—Port Performance Act 

18 SEC. 1401. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Port Performance 

20 Act’’. 

21 SEC. 1402. FINDINGS. 

22 Congress finds the following: 

23 (1) America’s ports play a critical role in the 

24 Nation’s transportation supply chain network. 


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1 (2) Reliable and efficient movement of goods 

2 through the Nation’s ports ensures that American 

3 goods are available to customers throughout the 

4 world. 

5 (3) Breakdowns in the transportation supply 

6 chain network, particularly at the Nation’s ports, 

7 can result in tremendous economic losses for agri8 culture, businesses, and retailers that rely on timely 

9 shipments. 

10 (4) A clear understanding of port productivity 

11 and throughput would help— 

12 (A) to identify freight bottlenecks; 

13 (B) to indicate performance and trends 

14 over time; and 

15 (C) to inform investment decisions. 

16 SEC. 1403. PORT PERFORMANCE FREIGHT STATISTICS PRO17 GRAM. 

18 (a) IN GENERAL.—Chapter 63 is amended by adding 

19 at the end the following: 

20 ‘‘§ 6314. Port performance freight statistics program 

21 ‘‘(a) IN GENERAL.—The Director shall establish, on 

22 behalf of the Secretary, a port performance statistics pro23 gram to provide nationally consistent measures of per24 formance of— 

25 ‘‘(1) the Nation’s top 25 ports by tonnage; 


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1 ‘‘(2) the Nation’s top 25 ports by 20-foot equiv2 alent unit; and 

3 ‘‘(3) the Nation’s top 25 ports by dry bulk. 

4 ‘‘(b) ANNUAL REPORTS.— 

5 ‘‘(1) PORT CAPACITY AND THROUGHPUT.—Not 

6 later than January 15 of each year, the Director 

7 shall submit an annual report to Congress that in8 cludes statistics on capacity and throughput at the 

9 ports described in subsection (a). 

10 ‘‘(2) PORT PERFORMANCE MEASURES.—The 

11 Director shall collect monthly port performance 

12 measures for each of the United States ports re13 ferred to in subsection (a) that receives Federal as14 sistance or is subject to Federal regulation to submit 

15 an annual report to the Bureau of Transportation 

16 Statistics that includes monthly statistics on capac17 ity and throughput as applicable to the specific con18 figuration of the port, including— 

19 ‘‘(A) the total capacity of inbound and out20 bound cargo, including containers, break bulk, 

21 vehicles, and dry and liquid bulk; 

22 ‘‘(B) the total volume of inbound and out23 bound cargo, including containers, break bulk, 

24 vehicles, and dry and liquid bulk; 


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1 ‘‘(C) the average number of lifts per hour 

2 of containers by crane; 

3 ‘‘(D) the average vessel turn time by vessel 

4 type; 

5 ‘‘(E) the average cargo or container dwell 

6 time; 

7 ‘‘(F) port storage capacity and utilization; 

8 ‘‘(G) the average truck time at ports; 

9 ‘‘(H) the average rail time at ports; and 

10 ‘‘(I) any additional metrics, as determined 

11 by the Director after receiving recommenda12 tions from the working group established under 

13 subsection (c). 

14 ‘‘(c) RECOMMENDATIONS.— 

15 ‘‘(1) IN GENERAL.—The Director shall obtain 

16 recommendations for— 

17 ‘‘(A) specifications and data measurements 

18 for the port performance measures listed in 

19 subsection (b)(2); 

20 ‘‘(B) additionally needed data elements for 

21 measuring port performance; and 

22 ‘‘(C) a process for the Department of 

23 Transportation to collect timely and consistent 

24 data, including identifying safeguards to protect 


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1 proprietary information described in subsection 

2 (b)(2). 

3 ‘‘(2) WORKING GROUP.—Not later than 60 days 

4 after the date of the enactment of this Act, the Di5 rector shall commission a working group composed 

6 of— 

7 ‘‘(A) operating administrations of the De8 partment of Transportation; 

9 ‘‘(B) the Coast Guard; 

10 ‘‘(C) the Federal Maritime Commission; 

11 ‘‘(D) U.S. Customs and Border Protection; 

12 ‘‘(E) the Marine Transportation System 

13 National Advisory Council; 

14 ‘‘(F) the Army Corps of Engineers; 

15 ‘‘(G) the Saint Lawrence Seaway Develop16 ment Corporation; 

17 ‘‘(H) the Advisory Committee on Supply 

18 Chain Competitiveness; 

19 ‘‘(I) 1 representative from the rail indus20 try; 

21 ‘‘(J) 1 representative from the trucking in22 dustry; 

23 ‘‘(K) 1 representative from the port man24 agement industry; 


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1 ‘‘(L) 1 representative from the maritime 

2 shipping industry; 

3 ‘‘(M) 1 representative from the maritime 

4 labor industry; 

5 ‘‘(N) representatives of the National 

6 Freight Advisory Committee of the Depart7 ment; and 

8 ‘‘(O) representatives of the Transportation 

9 Research Board of the National Academies. 

10 ‘‘(3) RECOMMENDATIONS.—Not later than 1 

11 year after the date of the enactment of the Port 

12 Performance Act, the working group commissioned 

13 under this subsection shall submit its recommenda14 tions to the Director. 

15 ‘‘(d) ACCESS TO DATA.—The Director shall ensure 

16 that the statistics compiled under this section are readily 

17 accessible to the public, consistent with applicable security 

18 constraints and confidentiality interests.’’. 

19 (b) PROHIBITION ON CERTAIN DISCLOSURES.—Sec20 tion 6307(b)(1) is amended by inserting ‘‘or section 

21 6314(b)’’ after ‘‘section 6302(b)(3)(B)’’ each place it ap22 pears. 

23 (c) COPIES OF REPORTS.—Section 6307(b)(2)(A) is 

24 amended by inserting ‘‘or section 6314(b)’’ after ‘‘section 

25 6302(b)(3)(B)’’. 


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1 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of contents for chapter 63 is amended by adding 

3 at the end the following: 

‘‘6314. Port performance freight statistics program.’’. 

4 SEC. 1404. MONTHLY REPORTS ON PERFORMANCE AT 

5 UNITED STATES PORTS. 

6 (a) IN GENERAL.—Not later than 1 year before the 

7 expiration date of a maritime labor agreement that applies 

8 to facilities of a United States port, 3 months before the 

9 expiration date of the maritime labor agreement, and 

10 monthly thereafter until a new agreement is agreed to, the 

11 Secretary of Transportation, in consultation with the Sec12 retary of Commerce and the Secretary of Labor, shall sub13 mit a report to the Committee on Commerce, Science, and 

14 Transportation of the Senate and the Committee on 

15 Transportation and Infrastructure of the House of Rep16 resentatives that includes port performance indicators at 

17 the affected port. If multiple ports are affected by the ex18 piration of the maritime labor agreement, the Secretary 

19 of Transportation shall submit a report for each affected 

20 port. 

21 (b) CONTENTS.—Each report required under sub22 section (a) shall include, for the affected port during the 

23 previous month— 

24 (1) the performance indicators listed under sec25 tion 6314(b)(2) of title 49, United States Code; 


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1 (2) the number and type of vessels awaiting 

2 berthing, including average wait time; 

3 (3) the number of cancelled vessel calls; 

4 (4) an estimate of the economic impact associ5 ated with any delays both at the port and across the 

6 national economy; 

7 (5) an estimate of the amount of time required 

8 to clear any congestion; 

9 (6) the average number of labor positions or10 dered and filled; and 

11 (7) any other factors that might have created 

12 delays, including weather, equipment maintenance or 

13 failures, or infrastructure development or repair. 

14 (c) EFFECTIVE PERIOD.—The Secretary of Trans15 portation, in consultation with the Secretary of Commerce 

16 and the Secretary of Labor, shall submit a report required 

17 under subsection (a) for an affected port until the date 

18 on which a new maritime labor agreement that applies to 

19 the facilities of the port is agreed to by all of the parties 

20 to that maritime labor agreement. 

21 (d) DEFINITION OF MARITIME LABOR AGREE22 MENT.—In this section, the term ‘‘maritime labor agree23 ment’’ has the meaning given such term in section 40102 

24 of title 46, United States Code. 


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1 TITLE II—COMMERCIAL MOTOR 

2 VEHICLE AND DRIVER PRO3 GRAMS 

4 Subtitle A—Compliance, Safety, 

5 and Accountability Reform 

6 PART I—COMPLIANCE, SAFETY, AND 

7 ACCOUNTABILITY 

8 SEC. 2001. CORRELATION STUDY. 

9 (a) IN GENERAL.—The Administrator of the Federal 

10 Motor Carrier Safety Administration (referred to in this 

11 part as the ‘‘Administrator’’) shall commission the Na12 tional Research Council of the National Academies to con13 duct a study of— 

14 (1) the Safety Measurement System (referred 

15 to in this part as ‘‘SMS’’); and 

16 (2) the Compliance, Safety, Accountability pro17 gram (referred to in this part as the ‘‘CSA pro18 gram’’). 

19 (b) SCOPE OF STUDY.—In carrying out the study 

20 commissioned pursuant to subsection (a), the National Re21 search Council— 

22 (1) shall analyze— 

23 (A) the accuracy with which the Behavior 

24 Analysis and Safety Improvement Categories 


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1 (referred to in this part as ‘‘BASIC’’) safety 

2 measures used by SMS— 

3 (i) identify high risk drivers and car4 riers; and 

5 (ii) predict or be correlated with fu6 ture crash risk, crash severity, or other 

7 safety indicators for individual drivers, 

8 motor carriers, and the highest risk car9 riers; 

10 (B) the methodology used to calculate 

11 BASIC percentiles and identify carriers for en12 forcement, including the weights assigned to 

13 particular violations, and the tie between crash 

14 risk and specific regulatory violations, in order 

15 to accurately identify and predict future crash 

16 risk for motor carriers; 

17 (C) the relative value of inspection infor18 mation and roadside enforcement data; 

19 (D) any data collection gaps or data suffi20 ciency problems that may exist and the impact 

21 of those data gaps and insufficiencies on the ef22 ficacy of the CSA program; and 

23 (E) the accuracy of data processing; and 

24 (2) should consider— 


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1 (A) whether the current SMS provides 

2 comparable precision and confidence for SMS 

3 alerts and percentiles for the relative crash risk 

4 of individual large and small motor carriers; 

5 (B) whether alternative systems would 

6 identify high risk carriers or identify high risk 

7 drivers and motor carriers more accurately; and 

8 (C) the recommendations and findings of 

9 the Comptroller General of the United States 

10 and the Inspector General, and independent re11 view team reports issued before the date of the 

12 enactment of this Act. 

13 (c) REPORT.—Not later than 18 months after the 

14 date of enactment of this Act, the Administrator shall sub15 mit a report containing the results of the completed study 

16 to— 

17 (1) the Committee on Commerce, Science, and 

18 Transportation of the Senate; 

19 (2) the Committee on Transportation and In20 frastructure of the House of Representatives; 

21 (3) the Inspector General of the Department of 

22 Transportation; and 

23 (4) the Comptroller General of the United 

24 States. 

25 (d) CORRECTIVE ACTION PLAN.— 


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1 (1) IN GENERAL.—Not later than 120 days 

2 after the Administrator submits a report under sub3 section (c) that identifies a deficiency or opportunity 

4 for improvement in the CSA program or in any ele5 ment of SMS, the Administrator shall submit a cor6 rective action plan to the Committee on Commerce, 

7 Science, and Transportation of the Senate and the 

8 Committee on Transportation and Infrastructure of 

9 the House of Representatives that— 

10 (A) responds to the concerns highlighted 

11 by the report; 

12 (B) identifies how the Federal Motor Car13 rier Safety Administration will address such 

14 concerns; and 

15 (C) provides an estimate of the cost, in16 cluding changes in staffing, enforcement, and 

17 data collection necessary to implement the rec18 ommendations. 

19 (2) PROGRAM REFORMS.—The corrective action 

20 plan submitted under paragraph (1) shall include an 

21 implementation plan that— 

22 (A) includes benchmarks; 

23 (B) includes programmatic reforms, revi24 sions to regulations, or proposals for legislation; 

25 and 


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1 (C) shall be considered in any rulemaking 

2 by the Department of Transportation that re3 lates to the CSA program, including the SMS 

4 data sets or analysis. 

5 (e) INSPECTOR GENERAL REVIEW.—Not later than 

6 120 days after the Administrator issues a corrective action 

7 plan under subsection (d), the Inspector General of the 

8 Department of Transportation shall— 

9 (1) review the extent to which such plan imple10 ments— 

11 (A) recommendations contained in the re12 port submitted under subsection (c); and 

13 (B) recommendations issued by the Comp14 troller General or the Inspector General before 

15 the date of enactment of this Act; and 

16 (2) submit a report to the Committee on Com17 merce, Science, and Transportation of the Senate 

18 and the Committee on Transportation and Infra19 structure of the House of Representatives on the re20 sponsiveness of the corrective action plan to the rec21 ommendations described in paragraph (1). 

22 (f) FISCAL LIMITATION.—The Administrator shall 

23 carry out the study required under this section using 

24 amounts appropriated to the Federal Motor Carrier Safety 


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1 Administration and available for obligation and expendi2 ture as of the date of the enactment of this Act. 

3 SEC. 2002. SAFETY IMPROVEMENT METRICS. 

4 (a) IN GENERAL.—The Administrator shall incor5 porate a methodology into the CSA program or establish 

6 a third-party process to allow recognition, including credit, 

7 improved score, or by establishing a safety BASIC in SMS 

8 for safety technology, tools, programs, and systems ap9 proved by the Administrator through the qualification 

10 process developed under subsection (b) that exceed regu11 latory requirements or are used to enhance safety per12 formance, including— 

13 (1) the installation of qualifying advanced safe14 ty equipment, such as— 

15 (A) collision mitigation systems; 

16 (B) lane departure warnings; 

17 (C) speed limiters; 

18 (D) electronic logging devices; 

19 (E) electronic stability control; 

20 (F) critical event recorders; and 

21 (G) strengthening rear guards and 

22 sideguards for underride protection; 

23 (2) the use of enhanced driver fitness measures 

24 that exceed current regulatory requirements, such 

25 as— 


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1 (A) additional new driver training; 

2 (B) enhanced and ongoing driver training; 

3 and 

4 (C) remedial driver training to address 

5 specific deficiencies as identified in roadside in6 spection or enforcement reports; 

7 (3) the adoption of qualifying administrative 

8 fleet safety management tools technologies, driver 

9 performance and behavior management technologies, 

10 and programs; and 

11 (4) technologies and measures identified 

12 through the process described in subsection (c). 

13 (b) QUALIFICATION.—The Administrator, through 

14 notice and comment rulemaking, shall develop technical or 

15 other performance standards for technology, advanced 

16 safety equipment, enhanced driver fitness measures, tools, 

17 programs, or systems used by motor carriers that will 

18 qualify for credit under this section. 

19 (c) ADDITIONAL REQUIREMENTS.—In modifying the 

20 CSA program under subsection (a), the Administrator, 

21 through notice and comment rulemaking, shall develop a 

22 process for identifying and reviewing other technology, ad23 vanced safety equipment, enhanced driver fitness meas24 ures, tools, programs, or systems used by motor carriers 

25 to improve safety performance that— 


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1 (1) provides for a petition for reviewing tech2 nology, advanced safety equipment, enhanced driver 

3 fitness measures, tools, programs, or systems; 

4 (2) seeks input and participation from industry 

5 stakeholders, including drivers, technology manufac6 turers, vehicle manufacturers, motor carriers, en7 forcement communities, and safety advocates, and 

8 the Motor Carrier Safety Advisory Committee; and 

9 (3) includes technology, advanced safety equip10 ment, enhanced driver fitness measures, tools, pro11 grams, or systems with a date certain for future 

12 statutory or regulatory implementation. 

13 (d) SAFETY IMPROVEMENT METRICS USE AND

14 VERIFICATION.—The Administrator, through notice and 

15 comment rulemaking, shall develop a process for— 

16 (1) providing recognition or credit within a 

17 motor carrier’s SMS score for the installation and 

18 use of measures in paragraphs (1) through (4) of 

19 subsection (a); 

20 (2) ensuring that the safety improvement 

21 metrics developed under this section are presented 

22 with other SMS data; 

23 (3) verifying the installation or use of such 

24 technology, advanced safety equipment, enhanced 

25 driver fitness measures, tools, programs, or systems; 


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1 (4) modifying or removing recognition or credit 

2 upon verification of noncompliance with this section; 

3 (5) ensuring that the credits or recognition re4 ferred to in paragraph (1) reflect the safety improve5 ment anticipated as a result of the installation or 

6 use of the specific technology, advanced safety equip7 ment, enhanced driver fitness measure, tool, pro8 gram, or system; 

9 (6) verifying the deployment and use of quali10 fying equipment or management systems by a motor 

11 carrier through a certification from the vehicle man12 ufacturer, the system or service provider, the insur13 ance carrier, or through documents submitted by the 

14 motor carrier to the Department of Transportation; 

15 (7) annually reviewing the list of qualifying 

16 safety technology, advanced safety equipment, en17 hanced driver fitness measures, tools, programs, or 

18 systems; and 

19 (8) removing systems mandated by law or regu20 lation, or if such systems demonstrate a lack of effi21 cacy, from the list of qualifying technologies, ad22 vanced safety equipment, enhanced driver fitness 

23 measures, tools, programs, or systems eligible for 

24 credit under the CSA program. 


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1 (e) DISSEMINATION OF INFORMATION.—The Admin2 istrator shall maintain a public website that contains in3 formation regarding— 

4 (1) the technology, advanced safety equipment, 

5 enhanced driver fitness measures, tools, programs, 

6 or systems eligible for credit and improved scores; 

7 (2) any petitions for study of the technology, 

8 advanced safety equipment, enhanced driver fitness 

9 measures, tools, programs, or systems; and 

10 (3) statistics and information relating to the 

11 use of such technology, advanced safety equipment, 

12 enhanced driver fitness measures, tools, programs, 

13 or systems. 

14 (f) PUBLIC REPORT.—Not later than 1 year after the 

15 establishment of the Safety Improvement Metrics System 

16 (referred to in this section as ‘‘SIMS’’) under this section, 

17 and annually thereafter, the Administrator shall publish, 

18 on a public website, a report that identifies— 

19 (1) the types of technology, advanced safety 

20 equipment, enhanced driver fitness measures, tools, 

21 programs, or systems that are eligible for credit; 

22 (2) the number of instances in which each tech23 nology, advanced safety equipment, enhanced driver 

24 fitness measure, tool, program, or system is used; 


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1 (3) the number of motor carriers, and a de2 scription of the carrier’s fleet size, that received rec3 ognition or credit under the modified CSA program; 

4 and 

5 (4) the pre- and post-adoption safety perform6 ance of the motor carriers described in paragraph 

7 (3). 

8 (g) EVALUATION.— 

9 (1) IN GENERAL.—Not later than 2 years after 

10 the implementation of SIMS under this section, the 

11 Administrator shall conduct an evaluation of the ef12 fectiveness of SIMS by reviewing the impacts of 

13 SIMS on— 

14 (A) law enforcement, commercial drivers 

15 and motor carriers, and motor carrier safety; 

16 and 

17 (B) safety and adoption of new tech18 nologies. 

19 (2) REPORT.—Not later than 30 months after 

20 the implementation of the program, the Adminis21 trator shall submit a report to the Committee on 

22 Commerce, Science, and Transportation of the Sen23 ate and the Committee on Transportation and Infra24 structure of the House of Representatives that de25 scribes— 


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1 (A) the results of the evaluation conducted 

2 under paragraph (1); and 

3 (B) the actions the Federal Motor Carrier 

4 Safety Administration plans to take to modify 

5 the demonstration program based on such re6 sults. 

7 (h) USE OF ESTIMATES OF SAFETY EFFECTS.—In 

8 conducting regulatory impact analyses for rulemakings re9 lating to the technology, advanced safety equipment, en10 hanced driver fitness measures, tools, programs, or sys11 tems selected for credit under the CSA program, the Ad12 ministrator, to the extent practicable, shall use the data 

13 gathered under this section and appropriate statistical 

14 methodology, including sufficient sample sizes, composi15 tion, and appropriate comparison groups, including rep16 resentative motor carriers of all sizes, to estimate the ef17 fects on safety performance and reduction in the number 

18 and severity of accidents with qualifying technology, ad19 vanced safety equipment, tools, programs, and systems. 

20 (i) SAVINGS PROVISION.—Nothing in this section 

21 may be construed to provide the Administrator with addi22 tional authority to change the requirements for the oper23 ation of a commercial motor vehicle. 


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1 SEC. 2003. DATA CERTIFICATION. 

2 (a) LIMITATION.—Beginning not later than 1 day 

3 after the date of enactment of this Act, none of the anal4 ysis of violation information, enforcement prioritization, 

5 not-at-fault crashes, alerts, or the relative percentile for 

6 each Behavioral Analysis and Safety Improvement Cat7 egory developed through the CSA program may be made 

8 available to the general public (including through requests 

9 under section 552 of title 5, United States Code) until 

10 the Inspector General of the Department of Transpor11 tation certifies that— 

12 (1) any deficiencies identified in the correlation 

13 study required under section 2001 have been ad14 dressed; 

15 (2) the corrective action plan has been imple16 mented and the concerns raised by the correlation 

17 study under section 2001 have been addressed; 

18 (3) the Administrator has fully implemented or 

19 satisfactorily addressed the issues raised in the Feb20 ruary 2014 GAO report entitled ‘‘Modifying the 

21 Compliance, Safety, Accountability Program Would 

22 Improve the Ability to Identify High Risk Carriers’’ 

23 (GAO–14–114), which called into question the accu24 racy and completeness of safety performance calcula25 tions; 


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1 (4) the study required under section 2001 has 

2 been published on a public website; and 

3 (5) the CSA program has been modified in ac4 cordance with section 2002. 

5 (b) LIMITATION ON USE OF SMS DATA.—The anal6 ysis of violation information enforcement prioritization, 

7 alerts, or the relative percentile for each Behavioral Anal8 ysis and Safety Improvement Category developed through 

9 the CSA program within the SMS system may not be used 

10 for safety fitness determinations until the requirements 

11 under subsection (a) have been satisfied. 

12 (c) EXCEPTIONS.— 

13 (1) IN GENERAL.—Notwithstanding the limita14 tions set forth in subsections (a) and (b)— 

15 (A) the Federal Motor Carrier Safety Ad16 ministration and State and local commercial 

17 motor vehicle enforcement agencies may only 

18 use the information referred to in subsection 

19 (a) for purposes of investigation and enforce20 ment prioritization; and 

21 (B) motor carriers and commercial motor 

22 vehicle drivers may access information referred 

23 to in subsection (a) that relates directly to the 

24 motor carrier or driver, respectively. 


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1 (2) LIMITATION.—Nothing in subparagraphs 

2 (A) and (B) of paragraph (1) may be construed to 

3 restrict the official use by State enforcement agen4 cies of the data collected by State enforcement per5 sonnel. 

6 (d) CERTIFICATION.—The certification process de7 scribed in subsection (a) shall occur concurrently with the 

8 implementation of SIMS under section 2002. 

9 SEC. 2004. DATA IMPROVEMENT. 

10 (a) FUNCTIONAL SPECIFICATIONS.—Not later than 

11 180 days after the date of enactment of this Act, the Ad12 ministrator shall develop functional specifications to en13 sure the consistent and accurate input of data into sys14 tems and databases relating to the CSA program. 

15 (b) FUNCTIONALITY.—The specifications developed 

16 pursuant to subsection (a)— 

17 (1) shall provide for the hardcoding and smart 

18 logic functionality for roadside inspection data col19 lection systems and databases; and 

20 (2) shall be made available to public and private 

21 sector developers. 

22 (c) EFFECTIVE DATA MANAGEMENT.—The Adminis23 trator shall ensure that internal systems and databases 

24 accept and effectively manage data using uniform stand25 ards. 


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1 (d) CONSULTATION WITH THE STATES.—Before im2 plementing the functional specifications described in sub3 section (a) or the standards described in subsection (c), 

4 the Administrator shall seek input from the State agencies 

5 responsible for enforcing section 31102 of title 49, United 

6 States Code. 

7 SEC. 2005. ACCIDENT REPORT INFORMATION. 

8 (a) REVIEW.—The Administrator shall initiate a 

9 demonstration program that allows motor carriers and 

10 drivers to request a review of crashes, and the removal 

11 of crash data by the Federal Motor Carrier Safety Admin12 istration of crashes, and removal from any weighting, or 

13 carrier safety analysis, if the commercial motor vehicle 

14 was operated legally and another motorist in connection 

15 with the crash is found— 

16 (1) to have been driving under the influence; 

17 (2) to have been driving the wrong direction on 

18 a roadway; 

19 (3) to have struck the commercial motor vehicle 

20 in the rear; 

21 (4) to have struck the commercial motor vehicle 

22 which was legally stopped; 

23 (5) by the investigating officer or agency to 

24 have been responsible for the crash; or 


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1 (6) to have committed other violations deter2 mined by the Administrator. 

3 (b) DOCUMENTS.—As part of a request for review 

4 under subsection (a), the motor carrier or driver shall sub5 mit a copy of available police reports, crash investigations, 

6 judicial actions, insurance claim information, and any re7 lated court actions submitted by each party involved in 

8 the accident. 

9 (c) SOLICITATION OF OTHER INFORMATION.—Fol10 lowing a notice and comment period, the Administrator 

11 may solicit other types of information to be collected under 

12 subsection (b) to facilitate appropriate reviews under this 

13 section. 

14 (d) EVALUATION.—The Federal Motor Carrier Safe15 ty Administration shall review the information submitted 

16 under subsections (b) and (c). 

17 (e) RESULTS.—The results of the review under sub18 section (a)— 

19 (1) shall be used to recalculate the motor car20 rier’s crash BASIC percentile; 

21 (2) if the carrier is determined to not be re22 sponsible for the crash incident, such information, 

23 shall be reflected on the website of the Federal 

24 Motor Carrier Safety Administration; and 


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1 (3) shall not be admitted as evidence or other2 wise used in a civil action. 

3 (f) FEE SYSTEM.— 

4 (1) ESTABLISHMENT.—The Administrator may 

5 establish a fee system, in accordance with section 

6 9701 of title 31, United States Code, in which a 

7 motor carrier is charged a fee for each review of a 

8 crash requested by such motor carrier under this 

9 section. 

10 (2) DISPOSITION OF FEES.—Fees collected 

11 under this section— 

12 (A) may be credited to the Department of 

13 Transportation appropriations account for pur14 pose of carrying out this section; and 

15 (B) shall be used to fully fund the oper16 ation of the review program authorized under 

17 this section. 

18 (g) REVIEW AND REPORT.—Not earlier than 2 years 

19 after the establishment of the demonstration program 

20 under this section, the Administrator shall— 

21 (1) conduct a review of the internal crash re22 view program to determine if other crash types 

23 should be included; and 

24 (2) submit a report to Congress that de25 scribes— 


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1 (A) the number of crashes reviewed; 

2 (B) the number of crashes for which the 

3 commercial motor vehicle operator was deter4 mined not to be at fault; and 

5 (C) relevant information relating to the 

6 program, including the cost to operate the pro7 gram and the fee structure established. 

8 SEC. 2006. POST-ACCIDENT REPORT REVIEW. 

9 (a) IN GENERAL.—Not later than 120 days after the 

10 date of enactment of this Act, the Secretary shall convene 

11 a working group— 

12 (1) to review the data elements of post-accident 

13 reports, for tow-away accidents involving commercial 

14 motor vehicles, that are reported to the Federal Gov15 ernment; and 

16 (2) to report to the Secretary its findings and 

17 any recommendations, including best practices for 

18 State post-accident reports to achieve the data ele19 ments described in subsection (c). 

20 (b) COMPOSITION.—Not less than 51 percent of the 

21 working group should be composed of individuals rep22 resenting the States or State law enforcement officials. 

23 The remaining members of the working group shall rep24 resent industry, labor, safety advocates, and other inter25 ested parties. 


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1 (c) CONSIDERATIONS.—The working group shall con2 sider requiring additional data elements, including— 

3 (1) the primary cause of the accident, if the pri4 mary cause can be determined; 

5 (2) the physical characteristics of the commer6 cial motor vehicle and any other vehicle involved in 

7 the accident, including— 

8 (A) the vehicle configuration; 

9 (B) the gross vehicle weight if the weight 

10 can be readily determined; 

11 (C) the number of axles; and 

12 (D) the distance between axles, if the dis13 tance can be readily determined; and 

14 (3) any data elements that could contribute to 

15 the appropriate consideration of requests under sec16 tion 2005. 

17 (d) REPORT.—Not later than 1 year after the date 

18 of enactment of this Act, the Secretary shall— 

19 (1) review the findings of the working group; 

20 (2) identify the best practices for State post-ac21 cident reports that are reported to the Federal Gov22 ernment, including identifying the data elements 

23 that should be collected following a tow-away com24 mercial motor vehicle accident; and 


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1 (3) recommend to the States the adoption of 

2 new data elements to be collected following report3 able commercial motor vehicle accidents. 

4 SEC. 2007. RECOGNIZING EXCELLENCE IN SAFETY. 

5 (a) IN GENERAL.—The Administrator shall establish 

6 a program to publicly recognize motor carriers and drivers 

7 whose safety records and programs exceed compliance 

8 with the Federal Motor Carrier Safety Administration’s 

9 safety regulations and demonstrate clear and outstanding 

10 safety practices. 

11 (b) RESTRICTION.—The program established under 

12 subsection (a) may not be deemed to be an endorsement 

13 of, or a preference for, motor carriers or drivers recognized 

14 under the program. 

15 SEC. 2008. HIGH RISK CARRIER REVIEWS. 

16 (a) IN GENERAL.—After the completion of the certifi17 cation under section 2003 of this Act, and the establish18 ment of the Safety Fitness Determination program, the 

19 Secretary shall ensure that a review is completed on each 

20 motor carrier that demonstrates through performance 

21 data that it poses the highest safety risk. At a minimum, 

22 a review shall be conducted whenever a motor carrier is 

23 among the highest risk carriers for 4 consecutive months. 

24 (b) REPORT.—Not later than 180 days after the com25 pletion of the certification under section 2003 of this Act 


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1 and the establishment of the Safety Fitness Determination 

2 program, the Secretary shall post on a public website a 

3 report on the actions the Secretary has taken to comply 

4 with this section, including the number of high risk car5 riers identified and the high risk carriers reviewed. 

6 (c) CONFORMING AMENDMENT.—Section 4138 of the 

7 Safe, Accountable, Flexible, Efficient Transportation Eq8 uity Act: A Legacy for Users (49 U.S.C. 31144 note) is 

9 repealed. 

10 PART II—INTERIM HIRING STANDARD 

11 SEC. 2101. DEFINITIONS. 

12 In this part: 

13 (1) ENTITY.—The term ‘‘entity’’ means a per14 son acting as— 

15 (A) a shipper or a consignee; 

16 (B) a broker, a freight forwarder, or a 

17 household goods freight forwarder (as such 

18 terms are defined in section 13102 of title 49, 

19 United States Code); 

20 (C) a non-vessel-operating common carrier, 

21 an ocean freight forwarder, or an ocean trans22 portation intermediary (as such terms are de23 fined in section 40102 of title 46, United States 

24 Code); 


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1 (D) an indirect air carrier authorized to 

2 operate under a Standard Security Program ap3 proved by the Transportation Security Adminis4 tration; 

5 (E) a customs broker licensed in accord6 ance with section 111.2 of title 19, Code of 

7 Federal Regulations; 

8 (F) an interchange motor carrier subject 

9 to paragraphs (1)(B) and (2) of section 

10 13902(i); or 

11 (G) a warehouse (as defined in Article 7– 

12 102(13) of the Uniform Commercial Code). 

13 (2) MOTOR CARRIER.—The term ‘‘motor car14 rier’’ means a motor carrier or a household goods 

15 motor carrier (as such terms are defined in section 

16 13102 of title 49, United States Code) that is sub17 ject to Federal motor carrier financial responsibility 

18 and safety regulations. 

19 (3) STATE.—The term ‘‘State’’ means each of 

20 the 50 States, a political subdivision of any such 

21 State, any intrastate agency, any other political 

22 agency of 2 or more States, the District of Colum23 bia, American Samoa, the Commonwealth of the 

24 Northern Mariana Islands, the Commonwealth of 

25 Puerto Rico, Guam, and the Virgin Islands. 


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1 SEC. 2102. NATIONAL HIRING STANDARDS FOR MOTOR 

2 CARRIERS. 

3 (a) NATIONAL STANDARD.—Before tendering a ship4 ment, but not more than 35 days before the pickup of 

5 a shipment by the hired motor carrier, an entity shall 

6 verify that the motor carrier, at the time of such 

7 verification— 

8 (1) is registered with and authorized by the 

9 Federal Motor Carrier Safety Administration to op10 erate as a motor carrier or household goods motor 

11 carrier, if applicable; 

12 (2) has the minimum insurance coverage re13 quired by Federal law; and 

14 (3)(A) before the safety fitness determination 

15 regulations are issued, does not have an unsatisfac16 tory safety fitness determination issued by the Fed17 eral Motor Carrier Safety Administration in force at 

18 the time of such verification; or 

19 (B) beginning on the date that safety fitness 

20 determination regulations are implemented, does not 

21 have a safety fitness rating issued by the Federal 

22 Motor Carrier Safety Administration under such 

23 regulations that is the equivalent of the unsatisfac24 tory fitness rating referred to in subparagraph (A). 

25 (b) INTERIM USE OF DATA.— 


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1 (1) IN GENERAL.—Only evidence of an entity’s 

2 compliance with subsection (a), crash data, and vio3 lations may be admitted as evidence or otherwise 

4 used in a civil action for damages resulting from a 

5 claim of negligent selection or retention of such 

6 motor carrier against the entity. 

7 (2) EXCLUDED EVIDENCE.—All other motor 

8 carrier data created or maintained by the Federal 

9 Motor Carrier Safety Administration, including safe10 ty measurement system data or analysis of such 

11 data, may not be admitted into evidence in a case 

12 or proceeding in which it is asserted or alleged that 

13 an entity’s selection or retention of a motor carrier 

14 was negligent. 

15 (3) CESSATION OF EFFECTIVENESS.—Para16 graphs (1) and (2) of this subsection cease to be ef17 fective on the date of completion of the certification 

18 under section 2003 of this Act. 

19 SEC. 2103. APPLICABILITY. 

20 Notwithstanding any other provision of law, this part 

21 shall not apply to any motor carrier transportation con22 tract entered into before the date of enactment of this Act. 


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1 Subtitle B—Drug Free Commercial 

2 Driver Act of 2015 

3 SEC. 2201. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Drug Free Com5 mercial Driver Act of 2015’’. 

6 SEC. 2202. AUTHORIZATION OF HAIR TESTING. 

7 Section 31306 is amended— 

8 (1) in subsection (b)(1)— 

9 (A) by redesignating subparagraph (B) as 

10 subparagraph (C); and 

11 (B) in subparagraph (A), by striking ‘‘The 

12 regulations shall permit such motor carriers to 

13 conduct preemployment testing of such employ14 ees for the use of alcohol.’’ and inserting the 

15 following: 

16 ‘‘(B) The regulations prescribed under subparagraph 

17 (A) shall permit motor carriers— 

18 ‘‘(i) to conduct preemployment testing of com19 mercial motor vehicle operators for the use of alco20 hol; and 

21 ‘‘(ii) to use hair testing as an acceptable alter22 native to urinalysis— 

23 ‘‘(I) in conducting preemployment screen24 ing for the use of a controlled substance; and 


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1 ‘‘(II) in conducting random screening for 

2 the use of a controlled substance by individuals 

3 who were subject to preemployment screening.’’; 

4 and 

5 (2) in subsection (c)(2)— 

6 (A) in subparagraph (B), by striking 

7 ‘‘and’’ at the end; 

8 (B) in subparagraph (C), by inserting 

9 ‘‘and’’ after the semicolon; and 

10 (C) by adding at the end the following: 

11 ‘‘(D) laboratory protocols and cut-off levels 

12 for hair testing to detect the use of a controlled 

13 substance;’’. 

14 SEC. 2203. EXEMPTION FROM MANDATORY URINALYSIS. 

15 (a) IN GENERAL.—Any motor carrier that dem16 onstrates, to the satisfaction of the Administrator of the 

17 Federal Motor Carrier Safety Administration, that it can 

18 carry out an applicable hair testing program, consistent 

19 with generally accepted industry standards, to detect the 

20 use of a controlled substance by commercial motor vehicle 

21 operators, may apply to the Administrator for an exemp22 tion from the mandatory urinalysis testing requirements 

23 set forth in subpart C of part 382 of title 49, Code of 

24 Federal Regulations, until a final rule is issued impleVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 menting the amendments made by section 2202 of this 

2 Act. 

3 (b) EVALUATION OF APPLICATIONS.— 

4 (1) IN GENERAL.—In evaluating an application 

5 for an exemption under subsection (a), the Adminis6 trator shall determine if the applicant’s testing pro7 gram employs procedures and protections similar to 

8 fleets that have carried out hair testing programs 

9 for at least 1 year. 

10 (2) REQUIREMENTS.—A testing program may 

11 not receive an exemption under subsection (a) unless 

12 the applicable testing laboratories— 

13 (A) have obtained laboratory accreditation 

14 specific to hair testing from an accrediting 

15 body, compliant with international or other 

16 Federal standards as appropriate, such as the 

17 College of American Pathologists; and 

18 (B) utilize hair testing assays that have 

19 been cleared by the Food and Drug Administra20 tion under section 510(k) of the Federal Food, 

21 Drug, and Cosmetic Act (21 U.S.C. 360(k)). 

22 (c) REPORTING REQUIREMENT.—Any motor carrier 

23 that is granted an exemption under subsection (a) shall 

24 submit records to the national clearinghouse established 

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1 lating to all positive test results and test refusals from 

2 the hair testing program described in that subsection. 

3 SEC. 2204. GUIDELINES FOR HAIR TESTING. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the Secretary of Health and Human Services 

6 shall issue scientific and technical guidelines for hair test7 ing as a method of detecting the use of a controlled sub8 stance for purposes of section 31306 of title 49, United 

9 States Code, as amended by section 2202 of this Act. 

10 When issuing the scientific and technical guidelines, the 

11 Secretary of Health and Human Services may consider 

12 differentiating between exposure to and usage of various 

13 controlled substances. 

14 SEC. 2205. ANNUAL REPORT TO CONGRESS. 

15 Not later than 1 year after the date of enactment 

16 of this Act, and annually thereafter for 5 years, the Sec17 retary of Transportation shall submit a report to Congress 

18 that— 

19 (1) summarizes the results of preemployment 

20 and random drug testing using both hair testing and 

21 urinalysis; 

22 (2) evaluates the efficacy of each method; and 

23 (3) determines which method provides the most 

24 accurate means of detecting the use of controlled 

25 substances over time. 


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1 Subtitle C—Transparency and 

2 Accountability 

3 SEC. 2301. RULEMAKING REQUIREMENTS. 

4 (a) IN GENERAL.—Not later than 2 years after the 

5 date of enactment of this Act, if the Secretary determines 

6 that a significant number of crashes are not covered by 

7 the current minimum insurance requirements, the Sec8 retary shall commence a rulemaking to determine whether 

9 to increase the minimum levels of financial responsibility 

10 required under section 31139 of title 49, United States 

11 Code, for a motor carrier to transport property. 

12 (b) CONSIDERATIONS.—In considering a notice of 

13 proposed rulemaking or final rule to increase the min14 imum levels of financial responsibility under subsection 

15 (a), the Secretary shall identify and consider— 

16 (1) current State insurance requirements; 

17 (2) the differences between the State insurance 

18 requirements identified under paragraph (1) and 

19 Federal requirements; 

20 (3) the amount of an insurance claim at the 

21 current minimum levels of financial responsibility 

22 that is applied toward— 

23 (A) medical care; 

24 (B) compensation; 

25 (C) attorney fees; or 


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1 (D) other identifiable costs of a claim; and 

2 (4) the frequency in which an insurance claim 

3 exceeds the current minimum levels of financial re4 sponsibility, including, to the extent practicable, un5 sealed verdicts and settlements. 

6 (c) RULEMAKING.—If the Secretary commences a 

7 rulemaking under subsection (a), the Secretary shall in8 clude in the rulemaking— 

9 (1) an estimate of the regulations impact on— 

10 (A) the safety of motor vehicle transpor11 tation; 

12 (B) the economic condition of the motor 

13 carrier industry, including small and minority 

14 motor carriers and independent owner-opera15 tors; 

16 (C) the ability of the insurance industry to 

17 provide the required amount of insurance; and 

18 (D) the ability of the minimum insurance 

19 level to cover the full cost of injuries, compen20 satory damages, and fatalities; and 

21 (2) an estimate of the effects an increase in the 

22 minimum levels of financial responsibility would have 

23 on— 

24 (A) small motor carriers; 


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1 (B) insurance premiums for motor car2 riers, including small and minority motor car3 riers and independent owner-operators; and 

4 (C) the availability of insurance to meet 

5 the minimum levels of financial responsibility. 

6 SEC. 2302. PETITIONS FOR REGULATORY RELIEF. 

7 (a) APPLICATIONS FOR REGULATORY RELIEF.—Not8 withstanding subpart C of part 381 of title 49, Code of 

9 Federal Regulations, the Secretary shall allow an appli10 cant representing a class or group of motor carriers to 

11 apply for a specific exemption from any provision of the 

12 regulations under part 395 of title 49, Code of Federal 

13 Regulations, for commercial motor vehicle drivers. 

14 (b) REVIEW PROCESS.— 

15 (1) IN GENERAL.—The Secretary shall establish 

16 the procedures for the application for and the review 

17 of an exemption under subsection (a). 

18 (2) PUBLICATION.—Not later than 30 days 

19 after the date of receipt of an application for an ex20 emption, the Secretary shall publish the application 

21 in the Federal Register and provide the public with 

22 an opportunity to comment. 

23 (3) PUBLIC COMMENT.— 

24 (A) IN GENERAL.—Each application shall 

25 be available for public comment for a 30-day 


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1 period, but the Secretary may extend the oppor2 tunity for public comment to 60 days if it is a 

3 significant or complex request. 

4 (B) REVIEW.—Beginning on the date that 

5 the public comment period under subparagraph 

6 (A) ends, the Secretary shall have 60 days to 

7 review all of the comments received. 

8 (4) DETERMINATION.—At the end of the 60- 

9 day period under paragraph (3)(B), the Secretary 

10 shall publish a determination in the Federal Reg11 ister, including— 

12 (A) the reason for granting or denying the 

13 application; and 

14 (B) if the application is granted— 

15 (i) the specific class of persons eligible 

16 for the exemption; 

17 (ii) each provision of the regulations 

18 to which the exemption applies; and 

19 (iii) any conditions or limitations ap20 plied to the exemption. 

21 (5) CONSIDERATIONS.—In making a determina22 tion whether to grant or deny an application for an 

23 exemption, the Secretary shall consider the safety 

24 impacts of the request and may provide appropriate 


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1 conditions or limitations on the use of the exemp2 tion. 

3 (c) OPPORTUNITY FOR RESUBMISSION.—If an appli4 cation is denied and the applicant can reasonably address 

5 the reason for the denial, the Secretary may allow the 

6 motor carrier to resubmit the application. 

7 (d) PERIOD OF APPLICABILITY.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2) of this subsection and subsection (f), each 

10 exemption granted under this section shall be valid 

11 for a period of 5 years unless the Secretary identi12 fies a compelling reason for a shorter exemption pe13 riod. 

14 (2) RENEWAL.—At the end of the 5-year period 

15 under paragraph (1)— 

16 (A) the Secretary, at the Secretary’s dis17 cretion, may renew the exemption for an addi18 tional 5-year period; or 

19 (B) an applicant may apply under sub20 section (a) for a permanent exemption from 

21 each applicable provision of the regulations. 

22 (e) LIMITATION.—No exemption under this section 

23 may be granted to or used by any motor carrier that has 

24 an unsatisfactory safety fitness determination. 

25 (f) PERMANENT EXEMPTIONS.— 


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1 (1) IN GENERAL.—The Secretary shall make 

2 permanent the following limited exceptions: 

3 (A) Department of Defense Military Sur4 face Deployment and Distribution Command 

5 transport of weapons, munitions, and sensitive 

6 classified cargo as published in the Federal 

7 Register Volume 80 on April 16, 2015 (80 Fed. 

8 Reg. 20556). 

9 (B) Department of Energy transport of se10 curity-sensitive radioactive materials as pub11 lished in the Federal Register Volume 80 on 

12 June 22, 2015 (80 Fed. Reg. 35703). 

13 (C) All motor carriers that transport haz14 ardous materials shipments requiring security 

15 plans under regulations of the Pipeline and 

16 Hazardous Materials Safety Administration as 

17 published in the Federal Register Volume 80 on 

18 May 1, 2015 (80 Fed. Reg. 25004). 

19 (D) Perishable construction products as 

20 published in the Federal Register, Volume 80 

21 on April 2, 2015 (80 Fed. Reg. 17819). 

22 (E) Passenger vehicle record of duty status 

23 change as published in the Federal Register 

24 Volume 80 on June 4, 2015 (80 Fed. Reg. 

25 31961). 


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1 (F) Transport of commercial bee hives as 

2 published in the Federal Register Volume 80 on 

3 June 19, 2018 (80 Fed. Reg. 35425). 

4 (G) All specialized carriers and drivers re5 sponsible for transporting loads requiring spe6 cial permits as published in the Federal Reg7 ister Volume 80 on June 18, 2015 (80 Fed. 

8 Reg. 34957). 

9 (H) Safe transport of livestock as pub10 lished in the Federal Register Volume 80 on 

11 June 12, 2015 (80 Fed. Reg. 33584). 

12 (2) ADDITIONAL EXEMPTIONS.—The Secretary 

13 may make any temporary exemption from any provi14 sion of the regulations under part 395 of title 49, 

15 Code of Federal Regulations, for commercial motor 

16 vehicle drivers that is in effect on the date of enact17 ment of this Act permanent if the Secretary deter18 mines that the permanent exemption will not de19 grade safety. The Secretary shall provide public no20 tice and comment on a list of the additional provi21 sions to be made permanent under this paragraph. 

22 SEC. 2303. INSPECTOR STANDARDS. 

23 Not later than 90 days after the date of enactment 

24 of this Act, the Administrator of the Federal Motor Car25 rier Safety Administration shall revise the regulations 


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1 under part 385 of title 49, Code of Federal Regulations, 

2 as necessary, to incorporate by reference the certification 

3 standards for roadside inspectors issued by the Commer4 cial Vehicle Safety Alliance. 

5 SEC. 2304. TECHNOLOGY IMPROVEMENTS. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of enactment of this Act, the Government Account8 ability Office shall conduct a comprehensive analysis on 

9 the Federal Motor Carrier Safety Administration’s infor10 mation technology and data collection and management 

11 systems. 

12 (b) REQUIREMENTS.—The study conducted under 

13 subsection (a) shall— 

14 (1) evaluate the efficacy of the existing infor15 mation technology, data collection, processing sys16 tems, and data management systems and programs, 

17 including their interaction with each other and their 

18 efficacy in meeting user needs; 

19 (2) identify any redundancies among the sys20 tems and programs described in paragraph (1); 

21 (3) explore the feasibility of consolidating data 

22 collection and processing systems; 

23 (4) evaluate the ability of the systems and pro24 grams described in paragraph (1) to meet the needs 

25 of— 


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1 (A) the Federal Motor Carrier Safety Ad2 ministration, at both the headquarters and 

3 State level; 

4 (B) the State agencies that implement the 

5 Motor Carrier Safety Assistance Program under 

6 section 31102 of title 49, United States Code; 

7 and 

8 (C) other users; 

9 (5) evaluate the adaptability of the systems and 

10 programs described in paragraph (1), in order to 

11 make necessary future changes to ensure user needs 

12 are met in an easier, timely, and more cost efficient 

13 manner; 

14 (6) investigate and make recommendations re15 garding— 

16 (A) deficiencies in existing data sets im17 pacting program effectiveness; and 

18 (B) methods to improve any and all user 

19 interfaces; and 

20 (7) evaluate the appropriate role the Federal 

21 Motor Carrier Safety Administration should take 

22 with respect to software and information systems de23 sign, development, and maintenance for the purpose 

24 of improving the efficacy of the systems and pro25 grams described in paragraph (1). 


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1 Subtitle D—Trucking Rules Up2 dated by Comprehensive and 

3 Key Safety Reform 

4 SEC. 2401. UPDATE ON STATUTORY REQUIREMENTS. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of enactment of this Act, and every 90 days there7 after until a final rule has been issued for each of the 

8 requirements described under paragraphs (1) through (5), 

9 the Administrator of the Federal Motor Carrier Safety Ad10 ministration shall submit to the Committee on Commerce, 

11 Science, and Transportation of the Senate and the Com12 mittee on Transportation and Infrastructure of the House 

13 of Representatives a report on the status of a final rule 

14 for— 

15 (1) the minimum entry-level training require16 ments for an individual operating a commercial 

17 motor vehicle under section 31305(c) of title 49, 

18 United States Code; 

19 (2) motor carrier safety fitness determinations; 

20 (3) visibility of agricultural equipment under 

21 section 31601 of division C of the Moving Ahead for 

22 Progress in the 21st Century Act (49 U.S.C. 30111 

23 note); 

24 (4) regulations to require commercial motor ve25 hicles in interstate commerce and operated by a 


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1 driver subject to the hours of service and record of 

2 duty status requirements under part 395 of title 49, 

3 Code of Federal Regulations, be equipped with an 

4 electronic control module capable of limiting the 

5 maximum speed of the vehicle; and 

6 (5) any outstanding commercial motor vehicle 

7 safety regulation required by law and incomplete for 

8 more than 2 years. 

9 (b) CONTENTS.—Each report under subsection (a) 

10 shall include a description of the work plan, an updated 

11 rulemaking timeline, current staff allocations, any re12 source constraints, and any other details associated with 

13 the development of the rulemaking. 

14 SEC. 2402. STATUTORY RULEMAKING. 

15 The Administrator of the Federal Motor Carrier 

16 Safety Administration shall prioritize the use of Federal 

17 Motor Carrier Safety Administration resources for the 

18 completion of each outstanding statutory requirement for 

19 a rulemaking before beginning any new rulemaking unless 

20 the Secretary certifies to Congress that there is an immi21 nent and significant safety need to move forward with a 

22 new rulemaking. 

23 SEC. 2403. GUIDANCE REFORM. 

24 (a) GUIDANCE.— 


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1 (1) POINT OF CONTACT.—Each guidance docu2 ment, other than a regulatory action, issued by the 

3 Federal Motor Carrier Safety Administration shall 

4 have a date of publication or a date of revision, as 

5 applicable, and the name and contact information of 

6 a point of contact at the Federal Motor Carrier 

7 Safety Administration who can respond to questions 

8 regarding the general applicability of the guidance. 

9 (2) PUBLIC ACCESSIBILITY.— 

10 (A) IN GENERAL.—Each guidance docu11 ment and interpretation issued by the Federal 

12 Motor Carrier Safety Administration shall be 

13 published on the Department of Transpor14 tation’s public website on the date of issuance. 

15 (B) REDACTION.—The Administrator of 

16 the Federal Motor Carrier Safety Administra17 tion may redact from a guidance document or 

18 interpretation under subparagraph (A) any in19 formation that would reveal investigative tech20 niques that would compromise Federal Motor 

21 Carrier Safety Administration enforcement ef22 forts. 

23 (3) RULEMAKING.—Not later than 5 years after 

24 the date that a guidance document is published 

25 under paragraph (2) or during the comprehensive 


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1 review under subsection (c), whichever is earlier, the 

2 Secretary, in consultation with the Administrator, 

3 shall revise the applicable regulations to incorporate 

4 the guidance document to the extent practicable. 

5 (4) REISSUANCE.—If a guidance document is 

6 not incorporated into the applicable regulations 

7 under paragraph (3), the Secretary shall— 

8 (A) reissue an updated guidance document; 

9 and 

10 (B) review and reissue an updated guid11 ance document every 5 years during the com12 prehensive review process under subsection (c) 

13 until the date that the guidance document is re14 moved or incorporated into the applicable regu15 lations under paragraph (3) of this subsection. 

16 (b) UPDATE.—Not later than 1 year after the date 

17 of enactment of this Act, the Secretary shall review regula18 tions, guidance, and enforcement policies published on the 

19 Department of Transportation’s public website to ensure 

20 the regulations, guidance, and enforcement policies are 

21 current, readily accessible to the public, and meet the 

22 standards under subsection (c)(1). 

23 (c) REVIEW.— 

24 (1) IN GENERAL.—Subject to paragraph (2), 

25 not less than once every 5 years, the Administrator 


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1 of the Federal Motor Carrier Safety Administration 

2 shall conduct a comprehensive review of its guidance 

3 and enforcement policies to determine whether— 

4 (A) the guidance and enforcement policies 

5 are consistent and clear; 

6 (B) uniformly and consistently enforceable; 

7 and 

8 (C) guidance is still necessary. 

9 (2) NOTICE AND COMMENT.—Prior to begin10 ning the review, the Administrator shall publish in 

11 the Federal Register a notice and request for com12 ment soliciting input from stakeholders on which 

13 regulations should be updated or eliminated. 

14 (3) REPORT.—Not later than 60 days after the 

15 date that a review under paragraph (1) is complete, 

16 the Administrator shall publish on the Department 

17 of Transportation’s public website a report detailing 

18 the review and a full inventory of guidance and en19 forcement policies. 

20 SEC. 2404. PETITIONS. 

21 (a) IN GENERAL.—The Administrator of the Federal 

22 Motor Carrier Safety Administration shall— 

23 (1) publish in the Federal Register or on the 

24 Department of Transportation’s public website all 

25 petitions for regulatory action submitted; 


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1 (2) prioritize stakeholder petitions based on the 

2 likelihood of providing safety improvements; 

3 (3) formally respond to each petition by indi4 cating whether the Administrator will accept, deny, 

5 or further review, the petition not later than 180 

6 days after the date the petition is petition is pub7 lished under paragraph (1); 

8 (4) prioritize resulting actions consistent with 

9 an action’s potential to reduce crashes, improve en10 forcement, and reduce unnecessary burdens; and 

11 (5) publish, and update as necessary, on the 

12 Department of Transportation’s public website an 

13 inventory of each petition described in paragraph 

14 (1), including any applicable disposition information 

15 for that petition. 

16 (b) DEFINITION OF PETITION.—In this section, the 

17 term ‘‘petition’’ means a request for new regulations, reg18 ulatory interpretations or clarifications, or retrospective 

19 review of regulations to eliminate or modify obsolete, inef20 fective, or overly burdensome rules. 

21 SEC. 2405. REGULATORY REFORM. 

22 (a) REGULATORY IMPACT ANALYSIS.— 

23 (1) IN GENERAL.—Within each regulatory im24 pact analysis of a proposed or final rule issued by 


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1 the Federal Motor Carrier Safety Administration, 

2 the Secretary shall— 

3 (A) consider effects of the proposed or 

4 final rule on a carrier with differing character5 istics; and 

6 (B) formulate estimates and findings on 

7 the best available science. 

8 (2) SCOPE.—To the extent feasible and appro9 priate, and consistent with law, the analysis de10 scribed in paragraph (1) shall— 

11 (A) use data generated from a representa12 tive sample of commercial vehicle operators, 

13 motor carriers, or both, that will be covered 

14 under the proposed or final rule; and 

15 (B) consider effects on commercial truck 

16 and bus carriers of various sizes and types. 

17 (b) PUBLIC PARTICIPATION.— 

18 (1) IN GENERAL.—Before promulgating a pro19 posed rule under subtitle VI of title 49, United 

20 States Code, if the proposed rule is likely to lead to 

21 the promulgation of a major rule the Secretary 

22 shall— 

23 (A) issue an advance notice of proposed 

24 rulemaking; or 


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1 (B) determine to proceed with a negotiated 

2 rulemaking. 

3 (2) REQUIREMENTS.—Each advance notice of 

4 proposed rulemaking issued under paragraph (1) 

5 shall— 

6 (A) identify the compelling public concern 

7 for a potential regulatory action, such as fail8 ures of private markets to protect or improve 

9 the safety of the public, the environment, or the 

10 well-being of the American people; 

11 (B) identify and request public comment 

12 on the best available science or technical infor13 mation on the need for regulatory action and on 

14 the potential regulatory alternatives; 

15 (C) request public comment on the benefits 

16 and costs of potential regulatory alternatives 

17 reasonably likely to be included or analyzed as 

18 part of the notice of proposed rulemaking; and 

19 (D) request public comment on the avail20 able alternatives to direct regulation, including 

21 providing economic incentives to encourage the 

22 desired behavior. 

23 (3) WAIVER.—This subsection shall not apply 

24 when the Secretary, for good cause, finds (and incor25 porates the finding and a brief statement of reasons 


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1 for such finding in the proposed or final rule) an ad2 vance notice of proposed rulemaking impracticable, 

3 unnecessary, or contrary to the public interest. 

4 (c) SAVINGS CLAUSE.—Nothing in this section may 

5 be construed to limit the contents of any Advance Notice 

6 of Proposed Rulemaking. 

7 Subtitle E—State Authorities 

8 SEC. 2501. EMERGENCY ROUTE WORKING GROUP. 

9 (a) IN GENERAL.— 

10 (1) ESTABLISHMENT.—Not later than 1 year 

11 after the date of enactment of this Act, the Sec12 retary shall establish a working group to determine 

13 best practices for expedient State approval of special 

14 permits for vehicles involved in emergency response 

15 and recovery. 

16 (2) MEMBERS.—The working group shall in17 clude representatives from— 

18 (A) State highway transportation depart19 ments or agencies; 

20 (B) relevant modal agencies within the De21 partment of Transportation; 

22 (C) emergency response or recovery ex23 perts; 

24 (D) relevant safety groups; and 


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1 (E) persons affected by special permit re2 strictions during emergency response and recov3 ery efforts. 

4 (b) CONSIDERATIONS.—In determining best practices 

5 under subsection (a), the working group shall consider 

6 whether— 

7 (1) hurdles currently exist that prevent the ex8 pedient State approval for special permits for vehi9 cles involved in emergency response and recovery; 

10 (2) it is possible to pre-identify and establish 

11 emergency routes between States through which in12 frastructure repair materials could be delivered fol13 lowing a natural disaster or an emergency; 

14 (3) a State could pre-designate an emergency 

15 route identified under paragraph (1) as a certified 

16 emergency route if a motor vehicle that exceeds the 

17 otherwise applicable Federal and State truck length 

18 or width limits may safely operate along such route 

19 during period of emergency recovery; and 

20 (4) an online map could be created to identify 

21 each pre-designated emergency route under para22 graph (2), including information on specific limita23 tions, obligations, and notification requirements 

24 along that route. 


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1 (c) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, the working group shall submit 

3 to the Secretary a report of its findings under this section 

4 and any recommendations for the implementation of the 

5 best practices for expedient State approval of special per6 mits for vehicles involved in emergency recovery. Upon re7 ceipt, the Secretary shall publish the report on a public 

8 website. 

9 (d) FEDERAL ADVISORY COMMITTEE ACT EXEMP10 TION.—The Federal Advisory Committee Act (5 U.S.C. 

11 App.) shall not apply to the working group established 

12 under this section. 

13 SEC. 2502. ADDITIONAL STATE AUTHORITY. 

14 Notwithstanding any other provision of law, not later 

15 than 180 days after the date of enactment of this Act, 

16 any State impacted by section 4006 of the Intermodal 

17 Surface Transportation Efficiency Act of 1991 (Public 

18 Law 102–240; 105 Stat. 2148) shall be provided the op19 tion to update the routes listed in the final list as long 

20 as the update shifts routes to divided highways or does 

21 not increase centerline miles by more than 5 percent and 

22 the change is expected to increase safety performance. 

23 SEC. 2503. COMMERCIAL DRIVER ACCESS. 

24 (a) INTERSTATE COMPACT PILOT PROGRAM.— 


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1 (1) IN GENERAL.—The Administrator of the 

2 Federal Motor Carrier Safety Administration shall 

3 establish a 6-year pilot program to study the feasi4 bility, benefits, and safety impacts of allowing a li5 censed driver between the ages of 18 and 21 to oper6 ate a commercial motor vehicle in interstate com7 merce. 

8 (2) INTERSTATE COMPACTS.—The Secretary 

9 shall allow States, including the District of Colum10 bia, to enter into an interstate compact with contig11 uous States to allow a licensed driver between the 

12 ages of 18 and 21 to operate a motor vehicle across 

13 the applicable State lines. The Secretary shall ap14 prove as many as 6 interstate compacts, with no 

15 limit on the number of States participating in each 

16 interstate compact. 

17 (3) MUTUAL RECOGNITION OF LICENSES.—A 

18 valid intrastate commercial driver’s licenses issued 

19 by a State participating in an interstate compact 

20 under paragraph (2) shall be recognized as valid in 

21 each State that is participating in that interstate 

22 compact. 

23 (4) STANDARDS.—In developing an interstate 

24 compact under this subsection, participating States 

25 shall provide for minimum licensure standards acVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 ceptable for interstate travel under this section, 

2 which may include, for a licensed driver between the 

3 ages of 18 and 21 participating in the pilot pro4 gram— 

5 (A) age restrictions; 

6 (B) distance from origin (measured in air 

7 miles); 

8 (C) reporting requirements; or 

9 (D) additional hours of service restrictions. 

10 (5) LIMITATIONS.—An interstate compact 

11 under paragraph (2) may not permit special configu12 ration or hazardous cargo operations to be trans13 ported by a licensed driver under the age of 21. 

14 (6) ADDITIONAL REQUIREMENTS.—The Sec15 retary may— 

16 (A) prescribe such additional requirements, 

17 including training, for a licensed driver between 

18 the ages of 18 and 21 participating in the pilot 

19 program as the Secretary considers necessary; 

20 and 

21 (B) provide risk mitigation restrictions and 

22 limitations. 

23 (b) APPROVAL.—An interstate compact under sub24 section (a)(2) may not go into effect until it has been ap25 proved by the governor of each State (or the Mayor of 


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1 the District of Columbia, if applicable) that is a party to 

2 the interstate compact, after consultation with the Sec3 retary of Transportation and the Administrator of the 

4 Federal Motor Carrier Safety Administration. 

5 (c) REPORT.—Not earlier than 4 years after the date 

6 the test program is established, the Secretary shall submit 

7 to Congress a report containing the findings of the pilot 

8 program, a determination of whether a licensed driver be9 tween the ages of 18 and 21 can operate a commercial 

10 motor vehicle in interstate commerce with an equivalent 

11 level of safety, and the reasons for that determination. 

12 Subtitle F—Motor Carrier Safety 

13 Grant Consolidation 

14 SEC. 2601. DEFINITIONS. 

15 (a) IN GENERAL.—Section 31101 is amended— 

16 (1) by redesignating paragraph (4) as para17 graph (5); and 

18 (2) by inserting after paragraph (3) the fol19 lowing: 

20 ‘‘(4) ‘Secretary’ means the Secretary of Trans21 portation.’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

23 Section 31101, as amended by subsection (a), is amend24 ed— 


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1 (1) in paragraph (1)(B), by inserting a comma 

2 after ‘‘passengers’’; and 

3 (2) in paragraph (1)(C), by striking ‘‘of Trans4 portation’’. 

5 SEC. 2602. GRANTS TO STATES. 

6 (a) MOTOR CARRIER SAFETY ASSISTANCE PRO7 GRAM.—Section 31102 is amended to read as follows: 

8 ‘‘§ 31102. Motor Carrier Safety Assistance Program 

9 ‘‘(a) IN GENERAL.—The Secretary shall administer 

10 a motor carrier safety assistance program funded under 

11 section 31104. 

12 ‘‘(b) GOAL.—The goal of the program is to ensure 

13 that the Secretary, States, local governments, other polit14 ical jurisdictions, federally recognized Indian tribes, and 

15 other persons work in partnership to establish programs 

16 to improve motor carrier, commercial motor vehicle, and 

17 driver safety to support a safe and efficient surface trans18 portation system— 

19 ‘‘(1) by making targeted investments to pro20 mote safe commercial motor vehicle transportation, 

21 including the transportation of passengers and haz22 ardous materials; 

23 ‘‘(2) by investing in activities likely to generate 

24 maximum reductions in the number and severity of 


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1 commercial motor vehicle crashes and fatalities re2 sulting from such crashes; 

3 ‘‘(3) by adopting and enforcing effective motor 

4 carrier, commercial motor vehicle, and driver safety 

5 regulations and practices consistent with Federal re6 quirements; and 

7 ‘‘(4) by assessing and improving statewide per8 formance by setting program goals and meeting per9 formance standards, measures, and benchmarks. 

10 ‘‘(c) STATE PLANS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall pre12 scribe procedures for a State to submit a multiple13 year plan, and annual updates thereto, under which 

14 the State agrees to assume responsibility for improv15 ing motor carrier safety, adopting and enforcing 

16 compatible regulations, standards, and orders of the 

17 Federal Government on commercial motor vehicle 

18 safety and hazardous materials transportation safe19 ty. 

20 ‘‘(2) CONTENTS.—The Secretary shall approve 

21 a plan if the Secretary determines that the plan is 

22 adequate to comply with the requirements of this 

23 section, and the plan— 

24 ‘‘(A) implements performance-based activi25 ties, including deployment and maintenance of 


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1 technology to enhance the efficiency and effec2 tiveness of commercial motor vehicle safety pro3 grams; 

4 ‘‘(B) designates a lead State commercial 

5 motor vehicle safety agency responsible for ad6 ministering the plan throughout the State; 

7 ‘‘(C) contains satisfactory assurances that 

8 the lead State commercial motor vehicle safety 

9 agency has or will have the legal authority, re10 sources, and qualified personnel necessary to 

11 enforce the regulations, standards, and orders; 

12 ‘‘(D) contains satisfactory assurances that 

13 the State will devote adequate resources to the 

14 administration of the plan and enforcement of 

15 the regulations, standards, and orders; 

16 ‘‘(E) provides a right of entry and inspec17 tion to carry out the plan; 

18 ‘‘(F) provides that all reports required 

19 under this section be available to the Secretary 

20 on request; 

21 ‘‘(G) provides that the lead State commer22 cial motor vehicle safety agency will adopt the 

23 reporting requirements and use the forms for 

24 recordkeeping, inspections, and investigations 

25 that the Secretary prescribes; 


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1 ‘‘(H) requires all registrants of commercial 

2 motor vehicles to demonstrate knowledge of ap3 plicable safety regulations, standards, and or4 ders of the Federal Government and the State; 

5 ‘‘(I) provides that the State will grant 

6 maximum reciprocity for inspections conducted 

7 under the North American Inspection Stand8 ards through the use of a nationally accepted 

9 system that allows ready identification of pre10 viously inspected commercial motor vehicles; 

11 ‘‘(J) ensures that activities described in 

12 subsection (h), if financed through grants to 

13 the State made under this section, will not di14 minish the effectiveness of the development and 

15 implementation of the programs to improve 

16 motor carrier, commercial motor vehicle, and 

17 driver safety as described in subsection (b); 

18 ‘‘(K) ensures that the lead State commer19 cial motor vehicle safety agency will coordinate 

20 the plan, data collection, and information sys21 tems with the State highway safety improve22 ment program required under section 148(c) of 

23 title 23; 

24 ‘‘(L) ensures participation in appropriate 

25 Federal Motor Carrier Safety Administration 


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1 information technology and data systems and 

2 other information systems by all appropriate ju3 risdictions receiving Motor Carrier Safety As4 sistance Program funding; 

5 ‘‘(M) ensures that information is ex6 changed among the States in a timely manner; 

7 ‘‘(N) provides satisfactory assurances that 

8 the State will undertake efforts that will em9 phasize and improve enforcement of State and 

10 local traffic safety laws and regulations related 

11 to commercial motor vehicle safety; 

12 ‘‘(O) provides satisfactory assurances in 

13 the plan that the State will address national 

14 priorities and performance goals, including— 

15 ‘‘(i) activities aimed at removing im16 paired commercial motor vehicle drivers 

17 from the highways of the United States 

18 through adequate enforcement of regula19 tions on the use of alcohol and controlled 

20 substances and by ensuring ready roadside 

21 access to alcohol detection and measuring 

22 equipment; 

23 ‘‘(ii) activities aimed at providing an 

24 appropriate level of training to State motor 

25 carrier safety assistance program officers 


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1 and employees on recognizing drivers im2 paired by alcohol or controlled substances; 

3 and 

4 ‘‘(iii) when conducted with an appro5 priate commercial motor vehicle inspection, 

6 criminal interdiction activities, and appro7 priate strategies for carrying out those 

8 interdiction activities, including interdic9 tion activities that affect the transpor10 tation of controlled substances (as defined 

11 under section 102 of the Comprehensive 

12 Drug Abuse Prevention and Control Act of 

13 1970 (21 U.S.C. 802) and listed in part 

14 1308 of title 21, Code of Federal Regula15 tions, as updated and republished from 

16 time to time) by any occupant of a com17 mercial motor vehicle; 

18 ‘‘(P) provides that the State has estab19 lished and dedicated sufficient resources to a 

20 program to ensure that— 

21 ‘‘(i) the State collects and reports to 

22 the Secretary accurate, complete, and 

23 timely motor carrier safety data; and 


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1 ‘‘(ii) the State participates in a na2 tional motor carrier safety data correction 

3 system prescribed by the Secretary; 

4 ‘‘(Q) ensures that the State will cooperate 

5 in the enforcement of financial responsibility re6 quirements under sections 13906, 31138, and 

7 31139 of this title, and regulations issued 

8 under these sections; 

9 ‘‘(R) ensures consistent, effective, and rea10 sonable sanctions; 

11 ‘‘(S) ensures that roadside inspections will 

12 be conducted at locations that are adequate to 

13 protect the safety of drivers and enforcement 

14 personnel; 

15 ‘‘(T) provides that the State will include in 

16 the training manuals for the licensing examina17 tion to drive both noncommercial motor vehicles 

18 and commercial motor vehicles information on 

19 best practices for driving safely in the vicinity 

20 of noncommercial and commercial motor vehi21 cles; 

22 ‘‘(U) provides that the State will enforce 

23 the registration requirements of sections 13902 

24 and 31134 of this title by prohibiting the oper25 ation of any vehicle discovered to be operated 


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1 by a motor carrier without a registration issued 

2 under those sections or to be operated beyond 

3 the scope of the motor carrier’s registration; 

4 ‘‘(V) provides that the State will conduct 

5 comprehensive and highly visible traffic enforce6 ment and commercial motor vehicle safety in7 spection programs in high-risk locations and 

8 corridors; 

9 ‘‘(W) except in the case of an imminent 

10 hazard or obvious safety hazard, ensures that 

11 an inspection of a vehicle transporting pas12 sengers for a motor carrier of passengers is 

13 conducted at a station, including a weight sta14 tion, terminal, border crossing, maintenance fa15 cility, destination, or other location where ade16 quate food, shelter, and sanitation facilities are 

17 available for passengers, and reasonable accom18 modations are available for passengers with dis19 abilities; 

20 ‘‘(X) ensures that the State will transmit 

21 to its roadside inspectors the notice of each 

22 Federal exemption granted under section 

23 31315(b) of this title and sections 390.23 and 

24 390.25 of title 49 of the Code of Federal Regu25 lations and provided to the State by the SecVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 retary, including the name of the person grant2 ed the exemption and any terms and conditions 

3 that apply to the exemption; 

4 ‘‘(Y) except as provided in subsection (d), 

5 provides that the State— 

6 ‘‘(i) will conduct safety audits of 

7 interstate and, at the State’s discretion, 

8 intrastate new entrant motor carriers 

9 under section 31144(g) of this title; and 

10 ‘‘(ii) if the State authorizes a third 

11 party to conduct safety audits under sec12 tion 31144(g) on its behalf, the State 

13 verifies the quality of the work conducted 

14 and remains solely responsible for the 

15 management and oversight of the activi16 ties; 

17 ‘‘(Z) provides that the State agrees to fully 

18 participate in the performance and registration 

19 information system management under section 

20 31106(b) not later than October 1, 2020, by 

21 complying with the conditions for participation 

22 under paragraph (3) of that section; 

23 ‘‘(AA) provides that a State that shares a 

24 land border with another country— 


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1 ‘‘(i) will conduct a border commercial 

2 motor vehicle safety program focusing on 

3 international commerce that includes en4 forcement and related projects; or 

5 ‘‘(ii) will forfeit all funds calculated by 

6 the Secretary based on border-related ac7 tivities if the State declines to conduct the 

8 program described in clause (i) in its plan; 

9 and 

10 ‘‘(BB) provides that a State that meets the 

11 other requirements of this section and agrees to 

12 comply with the requirements established in 

13 subsection (l)(3) may fund deployment, oper14 ation, and maintenance costs associated with in15 novative technology deployment under sub16 section (l)(3) with Motor Carrier Safety Assist17 ance Program funds authorized under section 

18 31104(a)(1). 

19 ‘‘(3) PUBLICATION.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the Secretary shall publish each ap22 proved State multiple-year plan, and each an23 nual update thereto, on the Department of 

24 Transportation’s public website not later than 


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1 30 days after the date the Secretary approves 

2 the plan or update. 

3 ‘‘(B) LIMITATION.—Before posting an ap4 proved State multiple-year plan or annual up5 date under subparagraph (A), the Secretary 

6 shall redact any information identified by the 

7 State that, if disclosed— 

8 ‘‘(i) would reasonably be expected to 

9 interfere with enforcement proceedings; or 

10 ‘‘(ii) would reveal enforcement tech11 niques or procedures that would reasonable 

12 by expected to risk circumvention of the 

13 law. 

14 ‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The re15 quirement that a State conduct safety audits of new en16 trant motor carriers under subsection (c)(2)(Y) does not 

17 apply to a territory of the United States unless required 

18 by the Secretary. 

19 ‘‘(e) INTRASTATE COMPATIBILITY.—The Secretary 

20 shall prescribe regulations specifying tolerance guidelines 

21 and standards for ensuring compatibility of intrastate 

22 commercial motor vehicle safety laws, including regula23 tions, with Federal motor carrier safety regulations to be 

24 enforced under subsections (b) and (c). To the extent 

25 practicable, the guidelines and standards shall allow for 


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1 maximum flexibility while ensuring a degree of uniformity 

2 that will not diminish motor vehicle safety. 

3 ‘‘(f) MAINTENANCE OF EFFORT.— 

4 ‘‘(1) BASELINE.—Except as provided under 

5 paragraphs (2) and (3) and in accordance with sec6 tion 2608 of the Comprehensive Transportation and 

7 Consumer Protection Act of 2015, a State plan 

8 under subsection (c) shall provide that the total ex9 penditure of amounts of the lead State commercial 

10 motor vehicle safety agency responsible for admin11 istering the plan will be maintained at a level each 

12 fiscal year at least equal to— 

13 ‘‘(A) the average level of that expenditure 

14 for fiscal years 2004 and 2005; or 

15 ‘‘(B) the level of that expenditure for the 

16 year in which the Secretary implements a new 

17 allocation formula under section 2608 of the 

18 Comprehensive Transportation and Consumer 

19 Protection Act of 2015. 

20 ‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR

21 2017.—At the request of a State, the Secretary may 

22 evaluate additional documentation related to the 

23 maintenance of effort and may make reasonable ad24 justments to the maintenance of effort baseline after 

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1 place the maintenance of effort requirement under 

2 paragraph (1). 

3 ‘‘(3) WAIVERS.—At the request of a State, the 

4 Secretary may waive or modify the requirements of 

5 this subsection for 1 fiscal year if the Secretary de6 termines that a waiver or modification is reasonable, 

7 based on circumstances described by the State, to 

8 ensure the continuation of commercial motor vehicle 

9 enforcement activities in the State. 

10 ‘‘(4) LEVEL OF STATE EXPENDITURES.—In es11 timating the average level of State expenditure 

12 under paragraph (1), the Secretary— 

13 ‘‘(A) may allow the State to exclude State 

14 expenditures for federally sponsored demonstra15 tion and pilot programs and strike forces; 

16 ‘‘(B) may allow the State to exclude ex17 penditures for activities related to border en18 forcement and new entrant safety audits; and 

19 ‘‘(C) shall require the State to exclude 

20 State matching amounts used to receive Federal 

21 financing under section 31104. 

22 ‘‘(g) USE OF UNIFIED CARRIER REGISTRATION FEES

23 AGREEMENT.—Amounts generated under section 14504a 

24 of this title and received by a State and used for motor 

25 carrier safety purposes may be included as part of the 


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1 State’s match required under section 31104 of this title 

2 or maintenance of effort required by subsection (f). 

3 ‘‘(h) USE OF GRANTS TO ENFORCE OTHER LAWS.— 

4 When approved in the States’ plan under subsection (c), 

5 a State may use Motor Carrier Safety Assistance Program 

6 funds received under this section— 

7 ‘‘(1) if the activities are carried out in conjunc8 tion with an appropriate inspection of a commercial 

9 motor vehicle to enforce Federal or State commercial 

10 motor vehicle safety regulations, for— 

11 ‘‘(A) enforcement of commercial motor ve12 hicle size and weight limitations at locations, 

13 excluding fixed weight facilities, such as near 

14 steep grades or mountainous terrains, where 

15 the weight of a commercial motor vehicle can 

16 significantly affect the safe operation of the ve17 hicle, or at ports where intermodal shipping 

18 containers enter and leave the United States; 

19 and 

20 ‘‘(B) detection of and enforcement actions 

21 taken as a result of criminal activity, including 

22 the trafficking of human beings, in a commer23 cial motor vehicle or by any occupant, including 

24 the operator, of the commercial motor vehicle; 


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1 ‘‘(2) for documented enforcement of State traf2 fic laws and regulations designed to promote the 

3 safe operation of commercial motor vehicles, includ4 ing documented enforcement of such laws and regu5 lations relating to noncommercial motor vehicles 

6 when necessary to promote the safe operation of 

7 commercial motor vehicles, if— 

8 ‘‘(A) the number of motor carrier safety 

9 activities, including roadside safety inspections, 

10 conducted in the State is maintained at a level 

11 at least equal to the average level of such activi12 ties conducted in the State in fiscal years 2004 

13 and 2005; and 

14 ‘‘(B) the State does not use more than 10 

15 percent of the basic amount the State receives 

16 under a grant awarded under section 

17 31104(a)(1) for enforcement activities relating 

18 to noncommercial motor vehicles necessary to 

19 promote the safe operation of commercial motor 

20 vehicles unless the Secretary determines that a 

21 higher percentage will result in significant in22 creases in commercial motor vehicle safety; and 

23 ‘‘(3) for the enforcement of household goods 

24 regulations on intrastate and interstate carriers if 


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1 the State has adopted laws or regulations compatible 

2 with the Federal household goods regulations. 

3 ‘‘(i) EVALUATION OF PLANS AND AWARD OF

4 GRANTS.— 

5 ‘‘(1) AWARDS.—The Secretary shall establish 

6 criteria for the application, evaluation, and approval 

7 of State plans under this section. Subject to sub8 section (j), the Secretary may allocate the amounts 

9 made available under section 31104(a)(1) among the 

10 States. 

11 ‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 

12 disapproves a plan under this section, the Secretary 

13 shall give the State a written explanation of the rea14 sons for disapproval and allow the State to modify 

15 and resubmit the plan for approval. 

16 ‘‘(j) ALLOCATION OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—The Secretary, by regula18 tion, shall prescribe allocation criteria for funds 

19 made available under section 31104(a)(1). 

20 ‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of 

21 each fiscal year, or as soon as practicable thereafter, 

22 and after making a deduction under section 

23 31104(c), the Secretary shall allocate amounts made 

24 available in section 31104(a)(1) to carry out this 

25 section for the fiscal year among the States with 


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1 plans approved under this section in accordance with 

2 the criteria under paragraph (1). 

3 ‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to the 

4 availability of funding and notwithstanding fluctua5 tions in the data elements used by the Secretary to 

6 calculate the annual allocation amounts, after the 

7 creation of a new allocation formula under section 

8 2608 of the Comprehensive Transportation and Con9 sumer Protection Act of 2015 the Secretary may not 

10 make elective adjustments to the allocation formula 

11 that decrease a State’s Federal funding levels by 

12 more than 3 percent in a fiscal year. The 3-percent 

13 limit shall not apply to the withholding provisions of 

14 subsection (k). 

15 ‘‘(k) PLAN MONITORING.— 

16 ‘‘(1) IN GENERAL.—On the basis of reports 

17 submitted by the lead State agency responsible for 

18 administering an approved State plan and an inves19 tigation by the Secretary, the Secretary shall peri20 odically evaluate State implementation of and com21 pliance with the State plan. 

22 ‘‘(2) WITHHOLDING OF FUNDS.— 

23 ‘‘(A) DISAPPROVAL.—If, after notice and 

24 an opportunity to be heard, the Secretary finds 

25 that the State plan previously approved is not 


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1 being followed or has become inadequate to en2 sure enforcement of the regulations, standards, 

3 or orders, or the State is otherwise not in com4 pliance with the requirements of this section, 

5 the Secretary may withdraw approval of the 

6 plan and notify the State. The plan is no longer 

7 in effect once the State receives notice, and the 

8 Secretary shall withhold all funding under this 

9 section. 

10 ‘‘(B) NONCOMPLIANCE WITHHOLDING.—In 

11 lieu of withdrawing approval of the plan, the 

12 Secretary may, after providing notice and an 

13 opportunity to be heard, withhold funding from 

14 the State to which the State would otherwise be 

15 entitled under this section for the period of the 

16 State’s noncompliance. In exercising this op17 tion, the Secretary may withhold— 

18 ‘‘(i) up to 5 percent of funds during 

19 the fiscal year that the Secretary notifies 

20 the State of its noncompliance; 

21 ‘‘(ii) up to 10 percent of funds for the 

22 first full fiscal year of noncompliance; 

23 ‘‘(iii) up to 25 percent of funds for 

24 the second full fiscal year of noncompli25 ance; and 


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1 ‘‘(iv) not more than 50 percent of 

2 funds for the third and any subsequent full 

3 fiscal year of noncompliance. 

4 ‘‘(3) JUDICIAL REVIEW.—A State adversely af5 fected by a determination under paragraph (2) may 

6 seek judicial review under chapter 7 of title 5. Not7 withstanding the disapproval of a State plan under 

8 paragraph (2)(A) or the withholding under para9 graph (2)(B), the State may retain jurisdiction in an 

10 administrative or a judicial proceeding that com11 menced before the notice of disapproval or with12 holding if the issues involved are not related directly 

13 to the reasons for the disapproval or withholding. 

14 ‘‘(l) HIGH PRIORITY FINANCIAL ASSISTANCE PRO15 GRAM.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall admin17 ister a high priority financial assistance program 

18 funded under section 31104 for the purposes de19 scribed in paragraphs (2) and (3). 

20 ‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER

21 SAFETY.—The purpose of this paragraph is to make 

22 discretionary grants to and cooperative agreements 

23 with States, local governments, federally recognized 

24 Indian tribes, other political jurisdictions as nec25 essary, and any person to carry out high priority acVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 tivities and projects that augment motor carrier 

2 safety activities and projects planned in accordance 

3 with subsections (b) and (c), including activities and 

4 projects that— 

5 ‘‘(A) increase public awareness and edu6 cation on commercial motor vehicle safety; 

7 ‘‘(B) target unsafe driving of commercial 

8 motor vehicles and non-commercial motor vehi9 cles in areas identified as high risk crash cor10 ridors; 

11 ‘‘(C) support the enforcement of State 

12 household goods regulations on intrastate and 

13 interstate carriers if the State has adopted laws 

14 or regulations compatible with the Federal 

15 household good laws; 

16 ‘‘(D) improve the safe and secure move17 ment of hazardous materials; 

18 ‘‘(E) improve safe transportation of goods 

19 and persons in foreign commerce; 

20 ‘‘(F) demonstrate new technologies to im21 prove commercial motor vehicle safety; 

22 ‘‘(G) support participation in performance 

23 and registration information systems manage24 ment under section 31106(b)— 


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1 ‘‘(i) for entities not responsible for 

2 submitting the plan under subsection (c); 

3 or 

4 ‘‘(ii) for entities responsible for sub5 mitting the plan under subsection (c)— 

6 ‘‘(I) before October 1, 2020, to 

7 achieve compliance with the require8 ments of participation; and 

9 ‘‘(II) beginning on October 1, 

10 2020, or once compliance is achieved, 

11 whichever is sooner, for special initia12 tives or projects that exceed routine 

13 operations required for participation; 

14 ‘‘(H) conduct safety data improvement 

15 projects— 

16 ‘‘(i) that complete or exceed the re17 quirements under subsection (c)(2)(P) for 

18 entities not responsible for submitting the 

19 plan under subsection (c); or 

20 ‘‘(ii) that exceed the requirements 

21 under subsection (c)(2)(P) for entities re22 sponsible for submitting the plan under 

23 subsection (c); and 


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1 ‘‘(I) otherwise improve commercial motor 

2 vehicle safety and compliance with commercial 

3 motor vehicle safety regulations. 

4 ‘‘(3) INNOVATIVE TECHNOLOGY DEPLOYMENT

5 GRANT PROGRAM.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 establish an innovative technology deployment 

8 grant program to make discretionary grants 

9 funded under section 31104(a)(2) to eligible 

10 States for the innovative technology deployment 

11 of commercial motor vehicle information sys12 tems and networks. 

13 ‘‘(B) PURPOSES.—The purposes of the 

14 program shall be— 

15 ‘‘(i) to advance the technological capa16 bility and promote the deployment of intel17 ligent transportation system applications 

18 for commercial motor vehicle operations, 

19 including commercial motor vehicle, com20 mercial driver, and carrier-specific infor21 mation systems and networks; and 

22 ‘‘(ii) to support and maintain com23 mercial motor vehicle information systems 

24 and networks— 


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1 ‘‘(I) to link Federal motor carrier 

2 safety information systems with State 

3 commercial motor vehicle systems; 

4 ‘‘(II) to improve the safety and 

5 productivity of commercial motor vehi6 cles and drivers; and 

7 ‘‘(III) to reduce costs associated 

8 with commercial motor vehicle oper9 ations and Federal and State commer10 cial vehicle regulatory requirements. 

11 ‘‘(C) ELIGIBILITY.—To be eligible for a 

12 grant under this paragraph, a State shall— 

13 ‘‘(i) have a commercial motor vehicle 

14 information systems and networks program 

15 plan approved by the Secretary that de16 scribes the various systems and networks 

17 at the State level that need to be refined, 

18 revised, upgraded, or built to accomplish 

19 deployment of commercial motor vehicle in20 formation systems and networks capabili21 ties; 

22 ‘‘(ii) certify to the Secretary that its 

23 commercial motor vehicle information sys24 tems and networks deployment activities, 

25 including hardware procurement, software 


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1 and system development, and infrastruc2 ture modifications— 

3 ‘‘(I) are consistent with the na4 tional intelligent transportation sys5 tems and commercial motor vehicle in6 formation systems and networks ar7 chitectures and available standards; 

8 and 

9 ‘‘(II) promote interoperability 

10 and efficiency to the extent prac11 ticable; and 

12 ‘‘(iii) agree to execute interoperability 

13 tests developed by the Federal Motor Car14 rier Safety Administration to verify that 

15 its systems conform with the national intel16 ligent transportation systems architecture, 

17 applicable standards, and protocols for 

18 commercial motor vehicle information sys19 tems and networks. 

20 ‘‘(D) USE OF FUNDS.—Grant funds may 

21 be used— 

22 ‘‘(i) for deployment activities and ac23 tivities to develop new and innovative ad24 vanced technology solutions that support 


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1 commercial motor vehicle information sys2 tems and networks; 

3 ‘‘(ii) for planning activities, including 

4 the development or updating of program or 

5 top level design plans in order to become 

6 eligible or maintain eligibility under sub7 paragraph (C); and 

8 ‘‘(iii) for the deployment, operation, 

9 and maintenance costs associated with in10 novative technology. 

11 ‘‘(E) SECRETARY AUTHORIZATION.—The 

12 Secretary is authorized to award a State fund13 ing for the deployment, operation, and mainte14 nance costs associated with innovative tech15 nology deployment with funds made available 

16 under both sections 31104(a)(1) and 

17 31104(a)(2) of this title.’’. 

18 (b) COMMERCIAL MOTOR VEHICLE OPERATORS

19 GRANT PROGRAM.—Section 31103 is amended to read as 

20 follows: 

21 ‘‘§ 31103. Commercial Motor Vehicle Operators Grant 

22 Program 

23 ‘‘(a) IN GENERAL.—The Secretary shall administer 

24 a commercial motor vehicle operators grant program fund25 ed under section 31104. 


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1 ‘‘(b) PURPOSE.—The purpose of the grant program 

2 is to train individuals in the safe operation of commercial 

3 motor vehicles (as defined in section 31301).’’. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 31104 is amended to read as follows: 

6 ‘‘§ 31104. Authorization of appropriations 

7 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol8 lowing sums are authorized to be appropriated from the 

9 Highway Trust Fund for the following Federal Motor Car10 rier Safety Administration Financial Assistance Pro11 grams: 

12 ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO13 GRAM.—Subject to paragraph (2) of this subsection 

14 and subsection (c) of this section, to carry out sec15 tion 31102— 

16 ‘‘(A) $250,389,000 for fiscal year 2017; 

17 ‘‘(B) $255,648,000 for fiscal year 2018; 

18 ‘‘(C) $261,016,000 for fiscal year 2019; 

19 ‘‘(D) $266,497,000 for fiscal year 2020; 

20 and 

21 ‘‘(E) $272,094,000 for fiscal year 2021. 

22 ‘‘(2) HIGH PRIORITY ACTIVITIES FINANCIAL AS23 SISTANCE PROGRAM.—Subject to subsection (c), to 

24 make grants and cooperative agreements under sec25 tion 31102(l) of this title, the Secretary may set 


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1 aside from amounts made available under paragraph 

2 (1) of this subsection up to— 

3 ‘‘(A) $42,323,000 for fiscal year 2017; 

4 ‘‘(B) $43,212,000 for fiscal year 2018; 

5 ‘‘(C) $44,119,000 for fiscal year 2019; 

6 ‘‘(D) $45,046,000 for fiscal year 2020; 

7 and 

8 ‘‘(E) $45,992,000 for fiscal year 2021. 

9 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

10 GRANT PROGRAM.—To carry out section 31103— 

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

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

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

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

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

16 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

17 IMPLEMENTATION FINANCIAL ASSISTANCE PRO18 GRAM.—Subject to subsection (c), to carry out sec19 tion 31313— 

20 ‘‘(A) $31,273,000 for fiscal year 2017; 

21 ‘‘(B) $31,930,000 for fiscal year 2018; 

22 ‘‘(C) $32,600,000 for fiscal year 2019; 

23 ‘‘(D) $33,285,000 for fiscal year 2020; 

24 and 

25 ‘‘(E) $33,984,000 for fiscal year 2021. 


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1 ‘‘(b) REIMBURSEMENT AND PAYMENT TO RECIPI2 ENTS FOR GOVERNMENT SHARE OF COSTS.— 

3 ‘‘(1) IN GENERAL.—Amounts made available 

4 under subsection (a) shall be used to reimburse fi5 nancial assistance recipients proportionally for the 

6 Federal Government’s share of the costs incurred. 

7 ‘‘(2) REIMBURSEMENT AMOUNTS.—The Sec8 retary shall reimburse a recipient, in accordance 

9 with a financial assistance agreement made under 

10 section 31102, 31103, or 31313, an amount that is 

11 at least 85 percent of the costs incurred by the re12 cipient in a fiscal year in developing and imple13 menting programs under these sections. The Sec14 retary shall pay the recipient an amount not more 

15 than the Federal Government share of the total 

16 costs approved by the Federal Government in the fi17 nancial assistance agreement. The Secretary shall 

18 include a recipient’s in-kind contributions in deter19 mining the reimbursement. 

20 ‘‘(3) VOUCHERS.—Each recipient shall submit 

21 vouchers at least quarterly for costs the recipient in22 curs in developing and implementing programs 

23 under section 31102, 31103, or 31313. 

24 ‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND

25 PROGRAM SUPPORT.—On October 1 of each fiscal year, 


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1 or as soon after that date as practicable, the Secretary 

2 may deduct from amounts made available under para3 graphs (1), (2), and (4) of subsection (a) for that fiscal 

4 year not more than 1.50 percent of those amounts for 

5 partner training and program support in that fiscal year. 

6 The Secretary shall use at least 75 percent of those de7 ducted amounts to train non-Federal Government employ8 ees and to develop related training materials in carrying 

9 out these programs. 

10 ‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS AS

11 CONTRACTUAL OBLIGATIONS.—The approval of a finan12 cial assistance agreement by the Secretary under section 

13 31102, 31103, or 31313 is a contractual obligation of the 

14 Federal Government for payment of the Federal Govern15 ment’s share of costs in carrying out the provisions of the 

16 grant or cooperative agreement. 

17 ‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary shall es18 tablish criteria for eligible activities to be funded with fi19 nancial assistance agreements under this section and pub20 lish those criteria in a notice of funding availability before 

21 the financial assistance program application period. 

22 ‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL AS23 SISTANCE AGREEMENT FUNDS FOR RECIPIENT EXPENDI24 TURES.— 


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1 ‘‘(1) IN GENERAL.—The period of availability 

2 for a recipient to expend a grant or cooperative 

3 agreement authorized under subsection (a) is as fol4 lows: 

5 ‘‘(A) For grants made for carrying out sec6 tion 31102, other than section 31102(l), for the 

7 fiscal year in which it is obligated and for the 

8 next fiscal year. 

9 ‘‘(B) For grants or cooperative agreements 

10 made for carrying out section 31102(l)(2), for 

11 the fiscal year in which it is obligated and for 

12 the next 2 fiscal years. 

13 ‘‘(C) For grants made for carrying out sec14 tion 31102(l)(3), for the fiscal year in which it 

15 is obligated and for the next 4 fiscal years. 

16 ‘‘(D) For grants made for carrying out 

17 section 31103, for the fiscal year in which it is 

18 obligated and for the next fiscal year. 

19 ‘‘(E) For grants or cooperative agreements 

20 made for carrying out 31313, for the fiscal year 

21 in which it is obligated and for the next 4 fiscal 

22 years. 

23 ‘‘(2) REOBLIGATION.—Amounts not expended 

24 by a recipient during the period of availability shall 

25 be released back to the Secretary for reobligation for 


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1 any purpose under sections 31102, 31103, 31104, 

2 and 31313 in accordance with subsection (i) of this 

3 section. 

4 ‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF

5 AVAILABILITY.—Amounts authorized from the Highway 

6 Trust Fund by this section shall be available for obligation 

7 on the date of their apportionment or allocation or on Oc8 tober 1 of the fiscal year for which they are authorized, 

9 whichever occurs first. 

10 ‘‘(h) AVAILABILITY OF FUNDING.—Amounts made 

11 available under this section shall remain available until ex12 pended. 

13 ‘‘(i) TRANSFER OF OBLIGATION AUTHORITY.— 

14 ‘‘(1) IN GENERAL.—Of the contract authority 

15 authorized in this section, the Secretary shall have 

16 authority to transfer available unobligated contract 

17 authority and associated liquidating cash within or 

18 between Federal financial assistance programs au19 thorized under this section and make new Federal fi20 nancial assistance awards under this section. 

21 ‘‘(2) COST ESTIMATES.—Of the funds trans22 ferred, the contract authority and associated liqui23 dating cash or obligations and expenditures stem24 ming from Federal financial assistance awards made 

25 with this contract authority shall not be scored as 


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1 new obligations by the Congressional Budget Office 

2 or by the Secretary. 

3 ‘‘(3) NO LIMITATION ON TOTAL OF OBLIGA4 TIONS.—Notwithstanding any other provision of law, 

5 no limitation on the total of obligations for Federal 

6 financial assistance programs carried out by the 

7 Federal Motor Carrier Safety Administration under 

8 this section shall apply to unobligated funds trans9 ferred under this subsection.’’. 

10 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

11 (1) SAFETY FITNESS OF OWNERS AND OPER12 ATOR; SAFETY REVIEWS OF NEW OPERATORS.—Sec13 tion 31144(g) is amended by striking paragraph (5). 

14 (2) INFORMATION SYSTEMS; PERFORMANCE

15 AND REGISTRATION INFORMATION PROGRAM.—Sec16 tion 31106(b) is amended by striking paragraph (4). 

17 (3) BORDER ENFORCEMENT GRANTS.—Section 

18 31107 is repealed. 

19 (4) PERFORMANCE AND REGISTRATION INFOR20 MATION SYSTEM MANAGEMENT.—Section 31109 is 

21 repealed. 

22 (5) TABLE OF CONTENTS.—The table of con23 tents of chapter 311 is amended— 

24 (A) by striking the items relating to 31107 

25 and 31109; and 


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1 (B) by striking the items relating to sec2 tions 31102, 31103, and 31104 and inserting 

3 the following: 

‘‘31102. Motor Carrier Safety Assistance Program. 

‘‘31103. Commercial Motor Vehicle Operators Grant Program. 

‘‘31104. Authorization of appropriations.’’. 

4 (6) GRANTS FOR COMMERCIAL DRIVER’S LI5 CENSE PROGRAM IMPLEMENTATION.—Section 

6 31313(a), as amended by section 2606 of this Act, 

7 is further amended by striking ‘‘The Secretary of 

8 Transportation shall administer a financial assist9 ance program for commercial driver’s license pro10 gram implementation for the purposes described in 

11 paragraphs (1) and (2)’’ and inserting ‘‘The Sec12 retary of Transportation shall administer a financial 

13 assistance program for commercial driver’s license 

14 program implementation funded under section 

15 31104 of this title for the purposes described in 

16 paragraphs (1) and (2)’’. 

17 (7) COMMERCIAL VEHICLE INFORMATION SYS18 TEMS AND NETWORKS DEPLOYMENT.—Section 4126 

19 of SAFETEA–LU (49 U.S.C. 31106 note) is re20 pealed. 

21 (8) SAFETY DATA IMPROVEMENT PROGRAM.— 

22 Section 4128 of SAFETEA–LU (49 U.S.C. 31100 

23 note) is repealed. 


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1 (9) GRANT PROGRAM FOR COMMERCIAL MOTOR

2 VEHICLE OPERATORS.—Section 4134 of SAFETEA– 

3 LU (49 U.S.C. 31301 note) is repealed. 

4 (10) WINTER HOME HEATING OIL DELIVERY

5 STATE FLEXIBILITY PROGRAM.—Section 346 of Na6 tional Highway System Designation Act of 1995 (49 

7 U.S.C. 31166 note) is repealed. 

8 (11) MAINTENANCE OF EFFORT AS CONDITION

9 ON GRANTS TO STATES.—Section 103(c) of the 

10 Motor Carrier Safety Improvement Act of 1999 (49 

11 U.S.C. 31102 note) is repealed. 

12 (12) STATE COMPLIANCE WITH CDL REQUIRE13 MENTS.—Section 103(e) of the Motor Carrier Safety 

14 Improvement Act of 1999 (49 U.S.C. 31102 note) is 

15 repealed. 

16 (13) BORDER STAFFING STANDARDS.—Section 

17 218(d) of the Motor Carrier Safety Improvement 

18 Act of 1999 (49 U.S.C. 31133 note) is amended— 

19 (A) in paragraph (1), by striking ‘‘under 

20 section 31104(f)(2)(B) of title 49, United 

21 States Code’’ and inserting ‘‘section 

22 31104(a)(1) of title 49, United States Code’’; 

23 and 

24 (B) by striking paragraph (3). 


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1 (e) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2016. 

3 (f) TRANSITION.—Notwithstanding the amendments 

4 made by this section, the Secretary shall carry out sections 

5 31102, 31103, 31104, and any sections repealed under 

6 subsection (d) of this section, as necessary, as those sec7 tions were in effect on the day before October 1, 2016, 

8 with respect to applications for grants, cooperative agree9 ments, or contracts under those sections submitted before 

10 October 1, 2016. 

11 SEC. 2603. NEW ENTRANT SAFETY REVIEW PROGRAM 

12 STUDY. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of enactment of this Act, the Office of Inspector Gen15 eral of the Department of Transportation shall report to 

16 the Committee on Commerce, Science, and Transportation 

17 of the Senate and the Committee on Transportation and 

18 Infrastructure in the House of Representatives on its as19 sessment of the new operator safety review program, re20 quired under section 31144(g) of title 49, United States 

21 Code, including the program’s effectiveness in reducing 

22 commercial motor vehicles involved in crashes, fatalities, 

23 and injuries, and in improving commercial motor vehicle 

24 safety. 


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1 (b) REPORT.—Not later than 90 days after comple2 tion of the report under subsection (a), the Secretary shall 

3 submit to the Committee on Commerce, Science, and 

4 Transportation of the Senate and the Committee on 

5 Transportation and Infrastructure in the House of Rep6 resentatives a report on the actions the Secretary will take 

7 to address any recommendations included in the study 

8 under subsection (a). 

9 (c) PAPERWORK REDUCTION ACT OF 1995; EXCEP10 TION.—The study and the Office of the Inspector General 

11 assessment shall not be subject to section 3506 or section 

12 3507 of title 44, United States Code. 

13 SEC. 2604. PERFORMANCE AND REGISTRATION INFORMA14 TION SYSTEMS MANAGEMENT. 

15 Section 31106(b) is amended in the heading by strik16 ing ‘‘PROGRAM’’ and inserting ‘‘SYSTEMS MANAGEMENT’’. 

17 SEC. 2605. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—Subchapter I of chapter 311 is 

19 amended by adding at the end the following: 

20 ‘‘§ 31110. Authorization of appropriations 

21 ‘‘(a) ADMINISTRATIVE EXPENSES.—There are au22 thorized to be appropriated from the Highway Trust Fund 

23 (other than the Mass Transit Account) for the Secretary 

24 of Transportation to pay administrative expenses of the 

25 Federal Motor Carrier Safety Administration— 


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1 ‘‘(1) $264,439,000 for fiscal year 2016; 

2 ‘‘(2) $269,992,000 for fiscal year 2017; 

3 ‘‘(3) $275,662,000 for fiscal year 2018; 

4 ‘‘(4) $281,451,000 for fiscal year 2019; 

5 ‘‘(5) $287,361,000 for fiscal year 2020; and 

6 ‘‘(6) $293,396,000 for fiscal year 2021. 

7 ‘‘(b) USE OF FUNDS.—The funds authorized by this 

8 section shall be used— 

9 ‘‘(1) for personnel costs; 

10 ‘‘(2) for administrative infrastructure; 

11 ‘‘(3) for rent; 

12 ‘‘(4) for information technology; 

13 ‘‘(5) for programs for research and technology, 

14 information management, regulatory development, 

15 the administration of the performance and registra16 tion information systems management; 

17 ‘‘(6) for programs for outreach and education 

18 under subsection (d); 

19 ‘‘(7) to fund the motor carrier safety facility 

20 working capital fund established under subsection 

21 (c); 

22 ‘‘(8) for other operating expenses; 

23 ‘‘(9) to conduct safety reviews of new operators; 

24 and 


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1 ‘‘(10) for such other expenses as may from time 

2 to time become necessary to implement statutory 

3 mandates of the Federal Motor Carrier Safety Ad4 ministration not funded from other sources. 

5 ‘‘(c) MOTOR CARRIER SAFETY FACILITY WORKING

6 CAPITAL FUND.— 

7 ‘‘(1) IN GENERAL.—The Secretary may estab8 lish a motor carrier safety facility working capital 

9 fund. 

10 ‘‘(2) PURPOSE.—Amounts in the fund shall be 

11 available for modernization, construction, leases, and 

12 expenses related to vacating, occupying, maintaining, 

13 and expanding motor carrier safety facilities, and as14 sociated activities. 

15 ‘‘(3) AVAILABILITY.—Amounts in the fund shall 

16 be available without regard to fiscal year limitation. 

17 ‘‘(4) FUNDING.—Amounts may be appropriated 

18 to the fund from the amounts made available in sub19 section (a). 

20 ‘‘(5) FUND TRANSFERS.—The Secretary may 

21 transfer funds to the working capital fund from the 

22 amounts made available in subsection (a) or from 

23 other funds as identified by the Secretary. 

24 ‘‘(d) OUTREACH AND EDUCATION PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may con2 duct, through any combination of grants, contracts, 

3 cooperative agreements, or other activities, an inter4 nal and external outreach and education program to 

5 be administered by the Administrator of the Federal 

6 Motor Carrier Safety Administration. 

7 ‘‘(2) FEDERAL SHARE.—The Federal share of 

8 an outreach and education program for which a 

9 grant, contract, or cooperative agreement is made 

10 under this subsection may be up to 100 percent of 

11 the cost of the grant, contract, or cooperative agree12 ment. 

13 ‘‘(3) FUNDING.—From amounts made available 

14 in subsection (a), the Secretary shall make available 

15 such sums as are necessary to carry out this sub16 section each fiscal year. 

17 ‘‘(e) CONTRACT AUTHORITY; INITIAL DATE OF

18 AVAILABILITY.—Amounts authorized from the Highway 

19 Trust Fund by this section shall be available for obligation 

20 on the date of their apportionment or allocation or on Oc21 tober 1 of the fiscal year for which they are authorized, 

22 whichever occurs first. 

23 ‘‘(f) FUNDING AVAILABILITY.—Amounts made avail24 able under this section shall remain available until ex25 pended. 


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1 ‘‘(g) CONTRACTUAL OBLIGATION.—The approval of 

2 funds by the Secretary under this section is a contractual 

3 obligation of the Federal Government for payment of the 

4 Federal Government’s share of costs.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 (1) ADMINISTRATIVE EXPENSES; AUTHORIZA7 TION OF APPROPRIATIONS.—Section 31104 is 

8 amended— 

9 (A) by striking subsection (i); and 

10 (B) by redesignating subsections (j) and 

11 (k) and subsections (i) and (j), respectively. 

12 (2) USE OF AMOUNTS MADE AVAILABLE UNDER

13 SUBSECTION (i).—Section 4116(d) of SAFETEA– 

14 LU (49 U.S.C. 31104 note) is amended by striking 

15 ‘‘section 31104(i)’’ and inserting ‘‘section 31110’’. 

16 (3) INTERNAL COOPERATION.—Section 31161 

17 is amended by striking ‘‘31104(i)’’ and inserting 

18 ‘‘31110’’. 

19 (4) SAFETEA–LU; OUTREACH AND EDU20 CATION.—Section 4127 of SAFETEA–LU (119 

21 Stat. 1741; Public Law 109–59) is repealed. 

22 (5) TABLE OF CONTENTS.—The table of con23 tents of subchapter I of chapter 311 is amended by 

24 adding at the end the following: 

‘‘31110. Authorization of appropriations.’’. 


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1 SEC. 2606. COMMERCIAL DRIVER’S LICENSE PROGRAM IM2 PLEMENTATION. 

3 (a) IN GENERAL.—Section 31313 is amended to read 

4 as follows: 

5 ‘‘§ 31313. Commercial driver’s license program imple6 mentation financial assistance program 

7 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

8 shall administer a financial assistance program for com9 mercial driver’s license program implementation for the 

10 purposes described in paragraphs (1) and (2). 

11 ‘‘(1) STATE COMMERCIAL DRIVER’S LICENSE

12 PROGRAM IMPROVEMENT GRANTS.—The Secretary 

13 of Transportation may make a grant to a State 

14 agency in a fiscal year— 

15 ‘‘(A) to comply with the requirements of 

16 section 31311; and 

17 ‘‘(B) in the case of a State that is making 

18 a good faith effort toward substantial compli19 ance with the requirements of section 31311, to 

20 improve its implementation of its commercial 

21 driver’s license program, including expenses— 

22 ‘‘(i) for computer hardware and soft23 ware; 

24 ‘‘(ii) for publications, testing, per25 sonnel, training, and quality control; 


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1 ‘‘(iii) for commercial driver’s license 

2 program coordinators; and 

3 ‘‘(iv) to implement or maintain a sys4 tem to notify an employer of an operator 

5 of a commercial motor vehicle of the sus6 pension or revocation of the operator’s 

7 commercial driver’s license consistent with 

8 the standards developed under section 

9 32303(b) of the Commercial Motor Vehicle 

10 Safety Enhancement Act of 2012 (49 

11 U.S.C. 31304 note). 

12 ‘‘(2) PRIORITY ACTIVITIES.—The Secretary 

13 may make a grant or cooperative agreement in a fis14 cal year to a State agency, local government, or any 

15 person for research, development or testing, dem16 onstration projects, public education, or other special 

17 activities and projects relating to commercial driver’s 

18 licensing and motor vehicle safety that— 

19 ‘‘(A) benefit all jurisdictions of the United 

20 States; 

21 ‘‘(B) address national safety concerns and 

22 circumstances; 

23 ‘‘(C) address emerging issues relating to 

24 commercial driver’s license improvements; 


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1 ‘‘(D) support innovative ideas and solu2 tions to commercial driver’s license program 

3 issues; or 

4 ‘‘(E) address other commercial driver’s li5 cense issues, as determined by the Secretary. 

6 ‘‘(b) PROHIBITIONS.—A recipient may not use finan7 cial assistance funds awarded under this section to rent, 

8 lease, or buy land or buildings. 

9 ‘‘(c) REPORT.—The Secretary shall issue an annual 

10 report on the activities carried out under this section. 

11 ‘‘(d) APPORTIONMENT.—All amounts made available 

12 to carry out this section for a fiscal year shall be appor13 tioned to a State or recipient described in subsection 

14 (a)(2) according to criteria prescribed by the Secretary.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 The table of contents of chapter 313 is amended by strik17 ing the item relating to section 31313 and inserting the 

18 following: 

‘‘31313. Commercial driver’s license program implementation financial assistance program.’’. 

19 SEC. 2607. EXTENSION OF FEDERAL MOTOR CARRIER SAFE20 TY PROGRAMS FOR FISCAL YEAR 2016. 

21 (a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

22 GRANT EXTENSION.—Section 31104(a) is amended— 

23 (1) in paragraph (9), by striking ‘‘and’’ at the 

24 end; and 


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1 (2) by striking paragraph (10) and inserting 

2 the following: 

3 ‘‘(10) $218,000,000 for fiscal year 2015; and 

4 ‘‘(11) $218,000,000 for fiscal year 2016.’’. 

5 (b) EXTENSION OF GRANT PROGRAMS.—Section 

6 4101(c) SAFETEA–LU (119 Stat. 1715; Public Law 

7 109–59), is amended to read as follows: 

8 ‘‘(c) GRANT PROGRAMS FUNDING.—There are au9 thorized to be appropriated from the Highway Trust Fund 

10 the following sums for the following Federal Motor Carrier 

11 Safety Administration programs: 

12 ‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM

13 IMPROVEMENT GRANTS.—For carrying out the com14 mercial driver’s license program improvement grants 

15 program under section 31313 of title 49, United 

16 States Code, $30,000,000 for fiscal year 2016. 

17 ‘‘(2) BORDER ENFORCEMENT GRANTS.—From 

18 amounts made available under section 31104(a) of 

19 title 49, United States Code, for border enforcement 

20 grants under section 31107 of that title, 

21 $32,000,000 for fiscal year 2016. 

22 ‘‘(3) PERFORMANCE AND REGISTRATION INFOR23 MATION SYSTEMS MANAGEMENT GRANT PRO24 GRAMS.—From amounts made available under sec25 tion 31104(a) of title 49, United States Code, for 


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1 the performance and registration information sys2 tems management grant program under section 

3 31109 of that title, $5,000,000 for fiscal year 2016. 

4 ‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS5 TEMS AND NETWORKS DEPLOYMENT.—For carrying 

6 out the commercial vehicle information systems and 

7 networks deployment program under section 4126 of 

8 this Act (the information technology deployment pro9 gram), $25,000,000, for fiscal year 2016. 

10 ‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.— 

11 From amounts made available under section 

12 31104(a) of title 49, United States Code, for safety 

13 data improvement grants under section 4128 of this 

14 Act, $3,000,000 for fiscal year 2016.’’. 

15 (c) HIGH-PRIORITY ACTIVITIES.—Section 

16 31104(j)(2), as redesignated by section 2605 of this Act 

17 is amended by striking ‘‘2014 and up to $12,493,151 for 

18 the period beginning on October 1, 2014, and ending on 

19 July 31, 2015,,’’ and inserting ‘‘2016’’. 

20 (d) NEW ENTRANT AUDITS.—Section 

21 31144(g)(5)(B) is amended to read as follows: 

22 ‘‘(B) SET ASIDE.—The Secretary shall set 

23 aside from amounts made available by section 

24 31104(a) up to $32,000,000 for fiscal year 


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1 2016 for audits of new entrant motor carriers 

2 conducted under this paragraph.’’. 

3 (e) GRANT PROGRAM FOR COMMERCIAL MOTOR VE4 HICLE OPERATORS.—Section 4134(c) of SAFETEA–LU 

5 (49 U.S.C. 31301 note) is amended to read as follows: 

6 ‘‘(c) FUNDING.—From amounts made available 

7 under section 31110 of title 49, United States Code, the 

8 Secretary shall make available, $1,000,000 for fiscal year 

9 2016 to carry out the commercial motor vehicle operators 

10 grant program.’’. 

11 (f) COMMERCIAL VEHICLE INFORMATION SYSTEMS

12 AND NETWORKS DEPLOYMENT.— 

13 (1) IN GENERAL.—Section 4126 of SAFETEA– 

14 LU (49 U.S.C. 31106 note; 119 Stat. 1738; Public 

15 Law 109–59) is amended— 

16 (A) in subsection (c)— 

17 (i) in paragraph (2), by adding at the 

18 end the following: ‘‘Funds deobligated by 

19 the Secretary from previous year grants 

20 shall not be counted towards the 

21 $2,500,000 maximum aggregate amount 

22 for core deployment.’’; and 

23 (ii) in paragraph (3), by adding at the 

24 end the following: ‘‘Funds may also be 

25 used for planning activities, including the 


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1 development or updating of program or top 

2 level design plans.’’; and 

3 (B) in subsection (d)(4), by adding at the 

4 end the following: ‘‘Funds may also be used for 

5 planning activities, including the development 

6 or updating of program or top level design 

7 plans.’’. 

8 (2) INFORMATION TECHNOLOGY DEPLOYMENT

9 PROGRAM.—For fiscal year 2016, the commercial ve10 hicle information systems and networks deployment 

11 program under section 4126 of SAFETEA–LU (119 

12 Stat. 1738; Public Law 109–59) may also be re13 ferred to as the information technology deployment 

14 program. 

15 SEC. 2608. MOTOR CARRIER SAFETY ASSISTANCE PRO16 GRAM ALLOCATION. 

17 (a) WORKING GROUP.— 

18 (1) ESTABLISHMENT.—Not later than 180 days 

19 after the date of enactment of this Act, the Sec20 retary shall establish a motor carrier safety assist21 ance program formula working group (referred to in 

22 this section as the ‘‘working group’’). 

23 (2) MEMBERSHIP.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the working group shall consist of 

3 representatives of the following: 

4 (i) The Federal Motor Carrier Safety 

5 Administration. 

6 (ii) The lead State commercial motor 

7 vehicle safety agencies responsible for ad8 ministering the plan required by section 

9 31102 of title 49, United States Code. 

10 (iii) An organization representing 

11 State agencies responsible for enforcing a 

12 program for inspection of commercial 

13 motor vehicles. 

14 (iv) Such other persons as the Sec15 retary considers necessary. 

16 (B) COMPOSITION.—Representatives of 

17 State commercial motor vehicle safety agencies 

18 shall comprise at least 51 percent of the mem19 bership. 

20 (3) NEW ALLOCATION FORMULA.—The working 

21 group shall analyze requirements and factors for a 

22 new motor carrier safety assistance program alloca23 tion formula. 

24 (4) RECOMMENDATION.—Not later than 1 year 

25 after the date the working group is established 


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1 under paragraph (1), the working group shall make 

2 a recommendation to the Secretary regarding a new 

3 Motor Carrier Safety Assistance Program allocation 

4 formula. 

5 (5) FACA EXEMPTION.—The Federal Advisory 

6 Committee Act (5 U.S.C. App.) shall not apply to 

7 the working group established under this subsection. 

8 (6) PUBLICATION.—The Administrator of the 

9 Federal Motor Carrier Safety Administration shall 

10 publish on a public website summaries of its meet11 ings, and the final recommendation provided to the 

12 Secretary. 

13 (b) NOTICE OF PROPOSED RULEMAKING.—After re14 ceiving the recommendation under subsection (a)(4), the 

15 Secretary shall publish in the Federal Register a notice 

16 seeking public comment on a new allocation formula for 

17 the motor carrier safety assistance program under section 

18 31102 of title 49, United States Code. 

19 (c) BASIS FOR FORMULA.—The Secretary shall en20 sure that the new allocation formula is based on factors 

21 that reflect, at a minimum— 

22 (1) the relative needs of the States to comply 

23 with section 31102 of title 49, United States Code; 


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1 (2) the relative administrative capacities of and 

2 challenges faced by States in complying with section 

3 31102 of title 49, United States Code; 

4 (3) the average of each State’s new entrant 

5 motor carrier inventory for the 3-year period prior 

6 to the date of enactment of this Act; 

7 (4) the number of international border inspec8 tion facilities and border crossings by commercial ve9 hicles in each State; and 

10 (5) any other factors the Secretary considers 

11 appropriate. 

12 (d) FUNDING AMOUNTS PRIOR TO DEVELOPMENT OF

13 A NEW ALLOCATION FORMULA.— 

14 (1) INTERIM FORMULA.—Prior to the develop15 ment of the new allocation formula, the Secretary 

16 may calculate the interim funding amounts for the 

17 motor carrier safety assistance program in fiscal 

18 year 2017 (and later fiscal years, as necessary) 

19 under section 31104(a)(1) of title 49, United States 

20 Code, as amended by section 2602 of this Act, by 

21 the following methodology: 

22 (A) The Secretary shall calculate the fund23 ing amount using the allocation formula the 

24 Secretary used to award motor carrier safety 


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1 assistance program funding in fiscal year 2016 

2 under section 2607 of this Act. 

3 (B) The Secretary shall average the fund4 ing awarded or other equitable amounts to a 

5 State in fiscal years 2013, 2014, and 2015 for 

6 border enforcement grants awarded under sec7 tion 32603(c) of MAP–21 (126 Stat. 807; Pub8 lic Law 112–141) and new entrant audit grants 

9 awarded under that section, or other equitable 

10 amounts. 

11 (C) The Secretary shall add the amounts 

12 calculated in subparagraphs (A) and (B). 

13 (2) ADJUSTMENTS.—Subject to the availability 

14 of funding and notwithstanding fluctuations in the 

15 data elements used by the Secretary, the initial 

16 amounts resulting from the calculation described in 

17 paragraph (1) shall be adjusted to ensure that, for 

18 each State, the amount shall not be less than 97 

19 percent of the average amount of funding received or 

20 other equitable amounts in fiscal years 2013, 2014, 

21 and 2015 for— 

22 (A) motor carrier safety assistance pro23 gram funds awarded under section 32603(a) of 

24 MAP–21 (126 Stat. 807; Public Law 112–141); 


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1 (B) border enforcement grants awarded 

2 under section 32603(a) of MAP–21 (126 Stat. 

3 807; Public Law 112–141); and 

4 (C) new entrant audit grants awarded 

5 under section 32603(a) of MAP–21 (126 Stat. 

6 807; Public Law 112–141). 

7 (3) IMMEDIATE RELIEF.—In developing the 

8 new allocation formula, the Secretary shall provide 

9 immediate relief for at least 3 fiscal years to all 

10 States currently subject to the withholding provi11 sions of Motor Carrier Safety Assistance Program 

12 funds for matters of noncompliance. 

13 (4) FUTURE WITHHOLDINGS.—Beginning on 

14 the date that the new allocation formula is imple15 mented, the Secretary shall impose all future 

16 withholdings in accordance with section 31102(k) of 

17 title 49, United States Code, as amended by section 

18 2602 of this Act. 

19 (e) TERMINATION OF EFFECTIVENESS.—This section 

20 expires upon the implementation of a new Motor Carrier 

21 Safety Assistance Program Allocation Formula. 

22 SEC. 2609. MAINTENANCE OF EFFORT CALCULATION. 

23 (a) BEFORE NEW ALLOCATION FORMULA.— 

24 (1) FISCAL YEAR 2017.—If a new allocation for25 mula has not been established for fiscal year 2017, 


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1 then, for fiscal year 2017, the Secretary of Trans2 portation shall calculate the maintenance of effort 

3 required under section 31102(f) of title 49, United 

4 States Code, as amended by section 2602 of this 

5 Act, by averaging the expenditures for fiscal years 

6 2004 and 2005 required by section 32601(a)(5) of 

7 MAP–21 (Public Law 112–141), as that section was 

8 in effect on the day before the date of enactment of 

9 this Act. 

10 (2) SUBSEQUENT FISCAL YEARS.—The Sec11 retary may use the methodology for calculating the 

12 maintenance of effort for fiscal year 2017 and each 

13 fiscal year thereafter if a new allocation formula has 

14 not been established. 

15 (b) BEGINNING WITH NEW ALLOCATION FORMA16 TION.— 

17 (1) IN GENERAL.—Subject to paragraphs (2) 

18 and (3)(B), beginning on the date that a new alloca19 tion formula is established under section 2608, upon 

20 the request of a State, the Secretary may modify the 

21 baseline maintenance of effort required by section 

22 31102(e) of title 49, United States Code, as amend23 ed by section 2602 of this Act, for the purpose of 

24 establishing a new baseline maintenance of effort if 


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1 the Secretary determines that a waiver or modifica2 tion— 

3 (A) is equitable due to reasonable cir4 cumstances; 

5 (B) will ensure the continuation of com6 mercial motor vehicle enforcement activities in 

7 the State; and 

8 (C) is necessary to ensure that the total 

9 amount of State maintenance of effort and 

10 matching expenditures required under sections 

11 31102 and 31104 of title 49, United States 

12 Code, as amended by section 2602 of this Act, 

13 does not exceed a sum greater than the total 

14 amount of State maintenance of effort and 

15 matching expenditures for the 3 fiscal years 

16 prior to the date of enactment of this Act. 

17 (2) ADJUSTMENT METHODOLOGY.—If re18 quested by a State, the Secretary may modify the 

19 maintenance of effort baseline according to the fol20 lowing methodology: 

21 (A) The Secretary shall establish the main22 tenance of effort using the average of fiscal 

23 years 2004 and 2005, as required by section 

24 32601(a)(5) of MAP–21 (Public Law 112– 

25 141). 


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1 (B) The Secretary shall calculate the aver2 age required match by a lead State commercial 

3 motor vehicle safety agency for fiscal years 

4 2013, 2014, and 2015 for motor carrier safety 

5 assistance grants established at 20 percent by 

6 section 31103 of title 49, United States Code, 

7 as that section was in effect on the day before 

8 the date of enactment of this Act. 

9 (C) The Secretary shall calculate the esti10 mated match required under section 31104(b) 

11 of title 49, United States Code, as amended by 

12 section 2602 of this Act. 

13 (D) The Secretary will subtract the 

14 amount in subparagraph (B) from the amount 

15 in subparagraph (C) and— 

16 (i) if the number is greater than 0, 

17 then the Secretary shall subtract the num18 ber from the amount in subparagraph (A); 

19 or 

20 (ii) if the number is not greater than 

21 0, then the Secretary shall calculate the 

22 maintenance of effort using the method23 ology in subparagraph (A). 

24 (3) MAINTENANCE OF EFFORT AMOUNT.— 


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1 (A) IN GENERAL.—The Secretary shall use 

2 the amount calculated in paragraph (2) as the 

3 baseline maintenance of effort required in sec4 tion 31102(f) of title 49, United States Code, 

5 as amended by section 2602 of this Act. 

6 (B) DEADLINE.—If a State does not re7 quest a waiver or modification under this sub8 section before September 30 during the first 

9 fiscal year that the Secretary implements the 

10 new allocation formula under section 2608, the 

11 Secretary shall calculate the maintenance of ef12 fort using the methodology in paragraph (2)(A) 

13 of this subsection. 

14 (4) MAINTENANCE OF EFFORT DESCRIBED.— 

15 The maintenance of effort calculated under this sec16 tion is the amount required under section 31102(f) 

17 of title 49, United States Code, as amended by sec18 tion 2602 of this Act. 

19 (c) TERMINATION OF EFFECTIVENESS.—The author20 ity under this section terminates effective on the date that 

21 the new maintenance of effort is calculated based on the 

22 new allocation formula implemented under section 2608. 


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1 Subtitle G—Miscellaneous 

2 Provisions 

3 SEC. 2701. WINDSHIELD TECHNOLOGY. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of enactment of this Act, the Secretary shall revise 

6 the regulations in section 393.60(e) of title 49, Code of 

7 Federal Regulations (relating to the prohibition on ob8 structions to the driver’s field of view), to exempt from 

9 that section the voluntary mounting on a windshield of 

10 vehicle safety technology likely to achieve a level of safety 

11 that is equivalent to or greater than the level of safety 

12 that would be achieved absent the exemption. 

13 (b) DEFINITION OF VEHICLE SAFETY TECH14 NOLOGY.—In this section, ‘‘vehicle safety technology’’ in15 cludes fleet-related incident management system, perform16 ance or behavior management system, speed management 

17 system, lane departure warning system, forward collision 

18 warning or mitigation system, active cruise control system, 

19 and any other technology that the Secretary considers ap20 plicable. 

21 (c) RULE OF CONSTRUCTION.—For purposes of this 

22 section, any windshield mounted technology with a short 

23 term exemption under part 381 of title 49, Code of Fed24 eral Regulations, on the day before the date of enactment 

25 of this Act, shall be considered likely to achieve a level 


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1 of safety that is equivalent to or greater than the level 

2 of safety that would be achieved absent an exemption 

3 under subsection (a). 

4 SEC. 2702. ELECTRONIC LOGGING DEVICES REQUIRE5 MENTS. 

6 Section 31137(b) is amended— 

7 (1) in paragraph (1)(C), by striking ‘‘apply to’’ 

8 and inserting ‘‘except as provided in paragraph (3), 

9 apply to’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(3) EXCEPTION.—A motor carrier, when 

12 transporting a motor home or recreation vehicle 

13 trailer within the definition of ‘driveaway-towaway 

14 operation’ (as defined in section 390.5 of title 49, 

15 Code of Federal Regulations) may comply with the 

16 hours of service requirements by requiring each driv17 er to use— 

18 ‘‘(A) a paper record of duty status form; 

19 or 

20 ‘‘(B) an electronic logging device.’’. 

21 SEC. 2703. LAPSE OF REQUIRED FINANCIAL SECURITY; SUS22 PENSION OF REGISTRATION. 

23 Section 13906(e) is amended by inserting ‘‘or sus24 pend’’ after ‘‘revoke’’. 


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1 SEC. 2704. ACCESS TO NATIONAL DRIVER REGISTER. 

2 Section 30305(b) is amended by adding at the end 

3 the following: 

4 ‘‘(13) The Administrator of the Federal Motor 

5 Carrier Safety Administration may request the chief 

6 driver licensing official of a State to provide infor7 mation under subsection (a) of this section about an 

8 individual in connection with a safety investigation 

9 under the Administrator’s jurisdiction.’’. 

10 SEC. 2705. STUDY ON COMMERCIAL MOTOR VEHICLE DRIV11 ER COMMUTING. 

12 (a) EFFECTS OF COMMUTING.—The Administrator 

13 of the Federal Motor Carrier Safety Administration shall 

14 conduct a study of the effects of motor carrier operator 

15 commutes exceeding 150 minutes commuting time on safe16 ty and commercial motor vehicle driver fatigue. 

17 (b) STUDY.—In conducting the study, the Adminis18 trator shall consider— 

19 (1) the prevalence of driver commuting in the 

20 commercial motor vehicle industry, including the 

21 number and percentage of drivers who commute; 

22 (2) the distances traveled, time zones crossed, 

23 time spent commuting, and methods of transpor24 tation used; 


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1 (3) research on the impact of excessive com2 muting on safety and commercial motor vehicle driv3 er fatigue; 

4 (4) the commuting practices of commercial 

5 motor vehicle drivers and policies of motor carriers; 

6 (5) the Federal Motor Carrier Safety Adminis7 tration regulations, policies, and guidance regarding 

8 driver commuting; and 

9 (6) any other matters the Administrator con10 siders appropriate. 

11 (c) REPORT.—Not later than 18 months after the 

12 date of enactment of this Act, the Administrator shall sub13 mit to Congress a report containing the findings under 

14 the study and any recommendations for legislative action 

15 concerning driver commuting. 

16 SEC. 2706. HOUSEHOLD GOODS CONSUMER PROTECTION 

17 WORKING GROUP. 

18 (a) WORKING GROUP.—The Secretary shall establish 

19 a working group for the purpose of developing rec20 ommendations on how to best convey to inexperienced con21 sumers the information such consumers need to know with 

22 respect to the Federal laws concerning the interstate 

23 transportation of household goods by motor carrier. 

24 (b) MEMBERSHIP.—The Secretary shall ensure that 

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1 tise in consumer affairs, educators with expertise in how 

2 people learn most effectively, and representatives of the 

3 household goods moving industry. 

4 (c) RECOMMENDATIONS.— 

5 (1) CONTENTS.—The recommendations devel6 oped by the working group shall include, at a min7 imum, recommendations on— 

8 (A) condensing publication ESA 03005 of 

9 the Federal Motor Carrier Safety Administra10 tion into a format that is more easily used by 

11 consumers; 

12 (B) using state-of-the-art education tech13 niques and technologies, including optimizing 

14 the use of the Internet as an educational tool; 

15 and 

16 (C) reducing and simplifying the paper17 work required of motor carriers and shippers in 

18 interstate transportation. 

19 (2) DEADLINE.—Not later than one year after 

20 the date of enactment of this Act, the working group 

21 shall make the recommendations described in para22 graph (1) which the Secretary shall publish on a 

23 public website. 

24 (d) REPORT.—Not later than 1 year after the date 

25 on which the working group makes its recommendations, 


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1 the Secretary shall issue a report to Congress on the im2 plementation of such recommendations. 

3 (e) FEDERAL ADVISORY COMMITTEE ACT EXEMP4 TION.—The Federal Advisory Committee Act (5 U.S.C. 

5 App.) shall not apply to the working group established 

6 under this section. 

7 (f) TERMINATION.—The working group shall termi8 nate 2 years after the date of enactment of this Act. 

9 TITLE III—HAZARDOUS 

10 MATERIALS 

11 SEC. 3101. ENDORSEMENTS. 

12 (a) EXCLUSIONS.—Section 5117(d)(1) is amended— 

13 (1) in subparagraph (B), by striking ‘‘and’’ at 

14 the end; 

15 (2) in subparagraph (C), by striking the period 

16 at the end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(D) a service vehicle carrying diesel fuel 

19 in quantities of 3,785 liters (1,000 gallons) or 

20 less that is— 

21 ‘‘(i) driven by a class A commercial 

22 driver’s license holder who is a custom har23 vester, an agricultural retailer, an agricul24 tural business employee, an agricultural 


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1 cooperative employee, or an agricultural 

2 producer; and 

3 ‘‘(ii) clearly marked with a placard 

4 reading ‘Diesel Fuel’.’’. 

5 (b) HAZARDOUS MATERIALS ENDORSEMENT EXEMP6 TION.—The Secretary shall exempt all class A commercial 

7 driver’s license holders who are custom harvesters, agricul8 tural retailers, agricultural business employees, agricul9 tural cooperative employees, or agricultural producers 

10 from the requirement to obtain a hazardous materials en11 dorsement under part 383 of title 49, Code of Federal 

12 Regulations, while operating a service vehicle carrying die13 sel fuel in quantities of 3,785 liters (1,000 gallons) or less 

14 if the tank containing such fuel is clearly marked with a 

15 placard reading ‘‘Diesel Fuel’’. 

16 SEC. 3102. ENHANCED REPORTING. 

17 Section 5121(h) is amended by striking ‘‘transmit to 

18 the Committee on Transportation and Infrastructure of 

19 the House of Representatives and the Committee on Com20 merce, Science, and Transportation of the Senate’’ and 

21 inserting ‘‘post on the Department of Transportation pub22 lic website’’. 

23 SEC. 3103. HAZARDOUS MATERIAL INFORMATION. 

24 (a) DERAILMENT DATA.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary shall revise the form for reporting a rail 

4 equipment accident or incident under section 225.21 

5 of title 49, Code of Federal Regulations (Form FRA 

6 F 6180.54, Rail Equipment Accident/Incident Re7 port), including to its instructions, to require addi8 tional data concerning rail cars carrying crude oil or 

9 ethanol that are involved in a reportable rail equip10 ment accident or incident under part 225 of that 

11 title. 

12 (2) CONTENTS.—The data under subsection (a) 

13 shall include— 

14 (A) the number of rail cars carrying crude 

15 oil or ethanol; 

16 (B) the number of rail cars carrying crude 

17 oil or ethanol damaged or derailed; and 

18 (C) the number of rail cars releasing crude 

19 oil or ethanol. 

20 (3) DIFFERENTIATION.—The data described in 

21 paragraph (2) shall be reported separately for crude 

22 oil and for ethanol. 

23 (b) DATABASE CONNECTIVITY.— 

24 (1) IN GENERAL.—Not later than 180 days 

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1 retary shall implement information management 

2 practices to ensure that the Pipeline and Hazardous 

3 Materials Safety Administration Hazardous Mate4 rials Incident Reports Database (referred to in this 

5 section as ‘‘Incident Reports Database’’) and the 

6 Federal Railroad Administration Railroad Safety In7 formation System contain accurate and consistent 

8 data on a reportable rail equipment accident or inci9 dent under part 225 of title 49, Code of Federal 

10 Regulations, involving the release of hazardous ma11 terials. 

12 (2) IDENTIFIERS.—The Secretary shall ensure 

13 that the Incident Reports Database uses a search14 able Federal Railroad Administration report num15 ber, or other applicable unique identifier that is 

16 linked to the Federal Railroad Safety Information 

17 System, for each reportable rail equipment accident 

18 or incident under part 225 of title 49, Code of Fed19 eral Regulations, involving the release of hazardous 

20 materials. 

21 (c) EVALUATION.— 

22 (1) IN GENERAL.—The Department of Trans23 portation Inspector General shall— 


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1 (A) evaluate the accuracy of information in 

2 the Incident Reports Database, including deter3 mining whether any inaccuracies exist in— 

4 (i) the type of hazardous materials re5 leased; 

6 (ii) the quantity of hazardous mate7 rials released; 

8 (iii) the location of hazardous mate9 rials released; 

10 (iv) the damages or effects of haz11 ardous materials released; and 

12 (v) any other data contained in the 

13 database; and 

14 (B) considering the requirements in sub15 section (b), evaluate the consistency and accu16 racy of data involving accidents or incidents re17 portable to both the Pipeline and Hazardous 

18 Materials Safety Administration and the Fed19 eral Railroad Administration, including whether 

20 the Incident Reports Database uses a search21 able identifier described in subsection (b)(2). 

22 (2) REPORT.—Not later than 18 months after 

23 the date of enactment of this Act, the Inspector 

24 General of the Department of Transportation shall 

25 submit to the Committee on Commerce, Science, and 


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1 Transportation of the Senate and the Committee on 

2 Transportation and Infrastructure of the House of 

3 Representatives a report of the findings under sub4 paragraphs (A) and (B) of paragraph (1) and rec5 ommendations for resolving any inconsistencies or 

6 inaccuracies. 

7 (d) SAVINGS CLAUSE.—Nothing in this section may 

8 be construed to prohibit the Secretary from requiring 

9 other commodity-specific information for any reportable 

10 rail equipment accident or incident under part 225 of title 

11 49, Code of Federal Regulations. 

12 SEC. 3104. HAZARDOUS MATERIALS TRAINING REQUIRE13 MENTS AND GRANTS. 

14 Section 5107(e) is amended to read as follows: 

15 ‘‘(e) TRAINING GRANTS.— 

16 ‘‘(1) IN GENERAL.—Subject to the availability 

17 of funds under section 5128(c), the Secretary shall 

18 make grants under this subsection— 

19 ‘‘(A) for training instructors to train— 

20 ‘‘(i) hazmat employees; 

21 ‘‘(ii) employees who enforce the haz22 ardous materials regulations; 

23 ‘‘(iii) employees who respond to haz24 ardous materials incidents; or 


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1 ‘‘(iv) a combination of the employees 

2 described in clauses (i) through (iii); and 

3 ‘‘(B) to the extent the Secretary considers 

4 appropriate, for such instructors to train— 

5 ‘‘(i) hazmat employees; 

6 ‘‘(ii) employees who enforce the haz7 ardous materials regulations; 

8 ‘‘(iii) employees who respond to haz9 ardous materials incidents; or 

10 ‘‘(iv) a combination of the employees 

11 described in clauses (i) through (iii). 

12 ‘‘(2) ELIGIBILITY.—Grants under this sub13 section shall be made on a competitive basis to orga14 nizations that— 

15 ‘‘(A) train on a not-for-profit basis— 

16 ‘‘(i) hazmat employees; 

17 ‘‘(ii) employees who enforce the haz18 ardous materials regulations; 

19 ‘‘(iii) employees who respond to haz20 ardous materials incidents; or 

21 ‘‘(iv) a combination of the employees 

22 described in clauses (i) through (iii); and 

23 ‘‘(B) demonstrate— 

24 ‘‘(i) expertise in conducting a training 

25 program for 1 or more of the groups of 


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1 employees described in clauses (i) through 

2 (iii) of subparagraph (A); and 

3 ‘‘(ii) the ability to reach and involve in 

4 a training program a target population of 

5 1 or more of the groups of employees de6 scribed in clauses (i) through (iii) of sub7 paragraph (A).’’. 

8 SEC. 3105. NATIONAL EMERGENCY AND DISASTER RE9 SPONSE. 

10 (a) PURPOSE.—Section 5101 is amended by inserting 

11 and ‘‘and to facilitate the safe movement of hazardous ma12 terials during national emergencies’’ after ‘‘commerce’’. 

13 (b) GENERAL REGULATORY AUTHORITY.—Section 

14 5103 is amended— 

15 (1) by redesignating subsections (c) and (d) as 

16 subsections (d) and (e), respectively; and 

17 (2) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) FEDERALLY DECLARED DISASTER AND EMER20 GENCY AREAS.—The Secretary, in consultation with the 

21 Secretary of Homeland Security, may prescribe standards 

22 to facilitate the safe movement of hazardous materials 

23 into, from, and within a federally declared disaster area 

24 or a national emergency area.’’. 


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1 SEC. 3106. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 5128 is amended to read as follows: 

3 ‘‘§ 5128. Authorization of appropriations 

4 ‘‘(a) IN GENERAL.—There are authorized to be ap5 propriated to the Secretary to carry out this chapter (ex6 cept sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 

7 5119)— 

8 ‘‘(1) $42,762,000 for fiscal year 2016; 

9 ‘‘(2) $43,660,000 for fiscal year 2017; 

10 ‘‘(3) $44,577,000 for fiscal year 2018; 

11 ‘‘(4) $46,469,000 for fiscal year 2019; 

12 ‘‘(5) $47,445,000 for fiscal year 2020; and 

13 ‘‘(6) $48,441,000 for fiscal year 2021. 

14 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE15 PAREDNESS FUND.—From the Hazardous Materials 

16 Emergency Preparedness Fund established under section 

17 5116(i), the Secretary may expend, during each of fiscal 

18 years 2016 through 2021— 

19 ‘‘(1) $188,000 to carry out section 5115; 

20 ‘‘(2) $21,800,000 to carry out subsections (a) 

21 and (b) of section 5116, of which not less than 

22 $13,650,000 shall be available to carry out section 

23 5116(b); 

24 ‘‘(3) $150,000 to carry out section 5116(f); 


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1 ‘‘(4) $625,000 to publish and distribute the 

2 Emergency Response Guidebook under section 

3 5116(i)(3); and 

4 ‘‘(5) $1,000,000 to carry out section 5116(j). 

5 ‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 

6 From the Hazardous Materials Emergency Preparedness 

7 Fund established pursuant to section 5116(i), the Sec8 retary may expend $4,000,000 for each of the fiscal years 

9 2016 through 2021 to carry out section 5107(e). 

10 ‘‘(d) CREDITS TO APPROPRIATIONS.— 

11 ‘‘(1) EXPENSES.—In addition to amounts oth12 erwise made available to carry out this chapter, the 

13 Secretary may credit amounts received from a State, 

14 Indian tribe, or other public authority or private en15 tity for expenses the Secretary incurs in providing 

16 training to the State, authority, or entity. 

17 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

18 made available under this section shall remain avail19 able until expended.’’. 


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1 TITLE IV—HIGHWAY AND MOTOR 

2 VEHICLE SAFETY 

3 Subtitle A—Highway Traffic Safety 

4 PART I—HIGHWAY SAFETY 

5 SEC. 4101. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—The following sums are author7 ized to be appropriated out of the Highway Trust Fund 

8 (other than the Mass Transit Account): 

9 (1) HIGHWAY SAFETY PROGRAMS.—For car10 rying out section 402 of title 23, United States 

11 Code— 

12 (A) $243,526,500 for fiscal year 2016; 

13 (B) $252,267,972 for fiscal year 2017; 

14 (C) $261,229,288 for fiscal year 2018; 

15 (D) $270,415,429 for fiscal year 2019; 

16 (E) $279,831,482 for fiscal year 2020; and 

17 (F) $289,482,646 for fiscal year 2021. 

18 (2) HIGHWAY SAFETY RESEARCH AND DEVEL19 OPMENT.—For carrying out section 403 of title 23, 

20 United States Code— 

21 (A) $137,835,000 for fiscal year 2016; 

22 (B) $140,729,535 for fiscal year 2017; 

23 (C) $143,684,855 for fiscal year 2018; 

24 (D) $146,702,237 for fiscal year 2019; 

25 (E) $149,782,984 for fiscal year 2020; and 


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1 (F) $152,928,427 for fiscal year 2021. 

2 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

3 For carrying out section 405 of title 23, United 

4 States Code— 

5 (A) $274,720,000 for fiscal year 2016; 

6 (B) $277,467,200 for fiscal year 2017; 

7 (C) $280,241,872 for fiscal year 2018; 

8 (D) $283,044,291 for fiscal year 2019; 

9 (E) $285,874,734 for fiscal year 2020; and 

10 (F) $288,733,481 for fiscal year 2021. 

11 (4) NATIONAL DRIVER REGISTER.—For the Na12 tional Highway Traffic Safety Administration to 

13 carry out chapter 303 of title 49, United States 

14 Code— 

15 (A) $3,573,500 for fiscal year 2016; 

16 (B) $3,648,544 for fiscal year 2017; 

17 (C) $3,725,163 for fiscal year 2018; 

18 (D) $3,803,391 for fiscal year 2019; 

19 (E) $3,883,263 for fiscal year 2020; and 

20 (F) $3,964,811 for fiscal year 2021. 

21 (5) HIGH VISIBILITY ENFORCEMENT PRO22 GRAM.—For carrying out section 2009 of 

23 SAFETEA–LU (23 U.S.C. 402 note)— 

24 (A) $29,290,000 for fiscal year 2016; 

25 (B) $29,582,900 for fiscal year 2017; 


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1 (C) $29,878,729 for fiscal year 2018; 

2 (D) $30,177,516 for fiscal year 2019; 

3 (E) $30,479,291 for fiscal year 2020; and 

4 (F) $30,784,084 for fiscal year 2021. 

5 (6) ADMINISTRATIVE EXPENSES.—For adminis6 trative and related operating expenses of the Na7 tional Highway Traffic Safety Administration in car8 rying out chapter 4 of title 23, United States Code, 

9 and this subtitle— 

10 (A) $25,755,000 for fiscal year 2016; 

11 (B) $26,012,550 for fiscal year 2017; 

12 (C) $26,272,676 for fiscal year 2018; 

13 (D) $26,535,402 for fiscal year 2019; 

14 (E) $26,800,756 for fiscal year 2020; and 

15 (F) $27,068,764 for fiscal year 2021. 

16 (b) PROHIBITION ON OTHER USES.—Except as oth17 erwise provided in chapter 4 of title 23, United States 

18 Code, in this subtitle, and in the amendments made by 

19 this subtitle, the amounts made available from the High20 way Trust Fund (other than the Mass Transit Account) 

21 for a program under such chapter— 

22 (1) shall only be used to carry out such pro23 gram; and 

24 (2) may not be used by States or local govern25 ments for construction purposes. 


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1 (c) APPLICABILITY OF TITLE 23.—Except as other2 wise provided in chapter 4 of title 23, United States Code, 

3 and in this subtitle, amounts made available under sub4 section (a) for fiscal years 2016 through 2021 shall be 

5 available for obligation in the same manner as if such 

6 funds were apportioned under chapter 1 of title 23, United 

7 States Code. 

8 (d) REGULATORY AUTHORITY.—Grants awarded 

9 under this subtitle shall be in accordance with regulations 

10 issued by the Secretary. 

11 (e) STATE MATCHING REQUIREMENTS.—If a grant 

12 awarded under this subtitle requires a State to share in 

13 the cost, the aggregate of all expenditures for highway 

14 safety activities made during any fiscal year by the State 

15 and its political subdivisions (exclusive of Federal funds) 

16 for carrying out the grant (other than planning and ad17 ministration) shall be available for the purpose of crediting 

18 the State during such fiscal year for the non-Federal share 

19 of the cost of any project under this subtitle (other than 

20 planning or administration) without regard to whether 

21 such expenditures were actually made in connection with 

22 such project. 

23 (f) GRANT APPLICATION AND DEADLINE.—To re24 ceive a grant under this subtitle, a State shall submit an 

25 application, and the Secretary shall establish a single 


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1 deadline for such applications to enable the award of 

2 grants early in the next fiscal year. 

3 (g) TRANSFERS.—Section 405(a)(1)(G) of title 23, 

4 United States Code, is amended to read as follows: 

5 ‘‘(G) TRANSFERS.—Notwithstanding sub6 paragraphs (A) through (F), the Secretary shall 

7 reallocate, before the last day of any fiscal year, 

8 any amounts remaining available of the 

9 amounts allocated to carry out any of the ac10 tivities described in subsections (b) through (g) 

11 to increase the amount made available to carry 

12 out section 402, in order to ensure, to the max13 imum extent possible, that all such amounts are 

14 obligated during such fiscal year.’’. 

15 SEC. 4102. HIGHWAY SAFETY PROGRAMS. 

16 (a) RESTRICTION.—Section 402(g) of title 23, United 

17 States Code, is amended to read as follows: 

18 ‘‘(g) RESTRICTION.—Nothing in this section may be 

19 construed to authorize the appropriation or expenditure 

20 of funds for highway construction, maintenance, or design 

21 (other than design of safety features of highways to be 

22 incorporated into guidelines).’’. 

23 (b) USE OF FUNDS.— 

24 (1) HIGHWAY SAFETY PROGRAMS.—Section 

25 402(c) of title 23, United States Code, is amended 


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1 by inserting ‘‘A State may transfer the funds appor2 tioned under this section to a political subdivision of 

3 a State, including Indian tribal governments.’’ after 

4 ‘‘neighboring States.’’. 

5 (2) NATIONAL PRIORITY SAFETY PROGRAMS.— 

6 Section 405(a)(1) is amended by adding at the end 

7 the following: 

8 ‘‘(I) POLITICAL SUBDIVISIONS.—A State 

9 may transfer the funds apportioned under this 

10 section to a political subdivision of a State, in11 cluding Indian tribal governments.’’. 

12 (c) TRACKING PROCESS.—Section 412 of title 23, 

13 United States Code, is amended by adding at the end the 

14 following: 

15 ‘‘(f) TRACKING PROCESS.—The Secretary shall de16 velop a process to identify and mitigate possible systemic 

17 issues across States and regional offices by reviewing over18 sight findings and recommended actions identified in tri19 ennial State management reviews.’’. 

20 (d) HIGHWAY SAFETY PLANS.—Section 

21 402(k)(5)(A) of title 23, United States Code, is amended 

22 by striking ‘‘60’’ and inserting ‘‘30’’. 

23 (e) MAINTENANCE OF EFFORT.—Section 

24 405(a)(1)(H) of title 23, United States Code, is amended 

25 to read as follows: 


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1 ‘‘(H) MAINTENANCE OF EFFORT CERTIFI2 CATION.—As part of the grant application re3 quired in section 402(k)(3)(F), a State receiv4 ing a grant in any fiscal year under subsection 

5 (b), subsection (c), or subsection (d) of this sec6 tion shall provide certification that the lead 

7 State agency responsible for programs described 

8 in any of those sections is maintaining expendi9 tures at or above the average level of such ex10 penditures in the 2 fiscal years prior to the date 

11 of enactment of the Comprehensive Transpor12 tation and Consumer Protection Act of 2015.’’. 

13 SEC. 4103. GRANTS FOR ALCOHOL-IGNITION INTERLOCK 

14 LAWS AND 24–7 SOBRIETY PROGRAMS. 

15 Section 405(d) of title 23, United States Code, is 

16 amended— 

17 (1) in paragraph (6)— 

18 (A) by amending the heading to read as 

19 follows: ‘‘GRANTS TO STATES FOR ALCOHOL-IG20 NITION INTERLOCK LAWS AND 24–7 SOBRIETY

21 PROGRAMS.—’’; and 

22 (B) by amending subparagraph (A) to read 

23 as follows: 

24 ‘‘(A) ALCOHOL-IGNITION INTERLOCK LAWS

25 AND 24–7 SOBRIETY PROGRAMS.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 shall make a separate grant under this 

3 subsection to each State that— 

4 ‘‘(I) adopts and is enforcing a 

5 law that requires all individuals con6 victed of driving under the influence 

7 of alcohol or of driving while intoxi8 cated to receive a restriction on driv9 ing privileges; and 

10 ‘‘(II) either— 

11 ‘‘(aa) except as provided 

12 under clause (ii), adopts and is 

13 enforcing a mandatory alcohol-ig14 nition interlock law for all indi15 viduals convicted of driving under 

16 the influence of alcohol or of 

17 driving while intoxicated; or 

18 ‘‘(bb) provides a 24–7 sobri19 ety program. 

20 ‘‘(ii) EXCEPTIONS.—A State alcohol21 ignition interlock law under clause 

22 (i)(II)(aa) may include exceptions for the 

23 following circumstances: 

24 ‘‘(I) The individual is required to 

25 operate an employer’s motor vehicle in 


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1 the course and scope of employment 

2 and the business entity that owns the 

3 vehicle is not owned or controlled by 

4 the individual. 

5 ‘‘(II) The individual is certified 

6 by a medical doctor as being unable to 

7 provide a deep lung breath sample for 

8 analysis by an ignition interlock de9 vice.’’; 

10 (2) in paragraph (7)(A)— 

11 (A) in the matter preceding clause (i)— 

12 (i) by striking ‘‘or a State agency’’ 

13 and inserting ‘‘or an agency with jurisdic14 tion’’; and 

15 (ii) by inserting ‘‘bond,’’ before ‘‘sen16 tence’’; 

17 (B) in clause (i), by striking ‘‘who plead 

18 guilty or’’ and inserting ‘‘who was arrested, 

19 plead guilty, or’’; and 

20 (C) in clause (ii), by inserting ‘‘at an in21 person testing location’’ after ‘‘per day’’; and 

22 (3) in paragraph (1)(A), by adding ‘‘, including 

23 24–7 sobriety programs’’ after ‘‘and drugs’’. 


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1 SEC. 4104. STUDY ON THE NATIONAL ROADSIDE SURVEY OF 

2 ALCOHOL AND DRUG USE BY DRIVERS. 

3 Not later than 180 days after the date that the 

4 Comptroller General reviews and reports on the overall 

5 value of the National Roadside Survey to researchers and 

6 other public safety stakeholders, the differences between 

7 a National Roadside Survey site and typical law enforce8 ment checkpoints, and the effectiveness of the National 

9 Roadside Survey methodology at protecting the privacy of 

10 the driving public, as requested by the Committee on Ap11 propriations of the Senate on June 5, 2014 (Senate Re12 port 113–182), the Secretary shall report to Congress on 

13 the National Highway Traffic Safety Administration’s 

14 progress toward reviewing that report and implementing 

15 any recommendations made in that report. 

16 PART II—STOP MOTORCYCLE CHECKPOINT 

17 FUNDING ACT 

18 SEC. 4121. SHORT TITLE. 

19 This part may be cited as the ‘‘Stop Motorcycle 

20 Checkpoint Funding Act’’. 

21 SEC. 4122. GRANT RESTRICTION. 

22 Notwithstanding section 153 of title 23, United 

23 States Code, the Secretary may not provide a grant or 

24 any funds to a State, county, town, township, Indian tribe, 

25 municipality, or other local government that may be used 

26 for any program— 


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1 (1) to check helmet usage; or 

2 (2) to create checkpoints that specifically target 

3 motorcycle operators or motorcycle passengers. 

4 PART III—IMPROVING DRIVER SAFETY ACT OF 

5 2015 

6 SEC. 4131. SHORT TITLE. 

7 This part may be cited as the ‘‘Improving Driver 

8 Safety Act of 2015’’. 

9 SEC. 4132. DISTRACTED DRIVING INCENTIVE GRANTS. 

10 Section 405(e) of title 23, United States Code, is 

11 amended— 

12 (1) in paragraph (1), by inserting ‘‘includes dis13 tracted driving issues as part of the State’s driver’s 

14 license examination and’’ after ‘‘any State that’’; 

15 (2) in paragraph (2)— 

16 (A) in subparagraph (B), by striking 

17 ‘‘and’’ at the end; 

18 (B) in subparagraph (C)(ii), by striking 

19 the period at the end and inserting ‘‘; and’’; 

20 and 

21 (C) by adding at the end the following: 

22 ‘‘(D) does not provide for an exception 

23 that specifically allows a driver to text through 

24 a personal wireless communication device while 

25 stopped in traffic.’’; 


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1 (3) in paragraph (3)— 

2 (A) by striking subparagraph (C); 

3 (B) by redesignating subparagraph (D) as 

4 subparagraph (C); 

5 (C) in subparagraph (C)(ii), as redesig6 nated, by striking the period at the end and in7 serting ‘‘; and’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(D) does not provide for an exception 

10 that specifically allows a driver younger than 18 

11 years of age to use a personal wireless commu12 nication device while stopped in traffic.’’; 

13 (4) in paragraph (4)(C), by striking ‘‘section 

14 31152’’ and inserting ‘‘section 31136’’; 

15 (5) by amending paragraph (6) to read as fol16 lows: 

17 ‘‘(6) ADDITIONAL DISTRACTED DRIVING

18 GRANTS.— 

19 ‘‘(A) IN GENERAL.—Notwithstanding para20 graph (1), the Secretary shall use up to 50 per21 cent of the amounts available for grants under 

22 this subsection to award grants to any State 

23 that— 

24 ‘‘(i) in fiscal years 2017 and 2018— 


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1 ‘‘(I) certifies that it has enacted 

2 a basic text messaging statute that— 

3 ‘‘(aa) is applicable to drivers 

4 of all ages; and 

5 ‘‘(bb) makes violation of the 

6 basic text messaging statute a 

7 primary offense or secondary en8 forcement action as allowed by 

9 State statute; and 

10 ‘‘(II) is otherwise ineligible for a 

11 grant under this subsection; and 

12 ‘‘(ii) in fiscal years 2019 through 

13 2021— 

14 ‘‘(I) meets the requirements 

15 under clause (i); 

16 ‘‘(II) imposes increased fines for 

17 repeat violations; and 

18 ‘‘(III) has a statute that pro19 hibits drivers who are younger than 

20 18 years of age from using a personal 

21 wireless communications device while 

22 driving. 

23 ‘‘(B) USE OF GRANT FUNDS.— 

24 ‘‘(i) IN GENERAL.—Notwithstanding 

25 paragraph (5) and subject to clauses (ii) 


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1 and (iii) of this subparagraph, amounts re2 ceived by a State under subparagraph (A) 

3 may be used for activities related to the 

4 enforcement of distracted driving laws, in5 cluding for public information and aware6 ness purposes. 

7 ‘‘(ii) FISCAL YEARS 2017 AND 2018.— 

8 In fiscal years 2017 and 2018, up to 15 

9 percent of the amounts received by a State 

10 under subparagraph (A) may be used for 

11 any eligible project or activity under sec12 tion 402. 

13 ‘‘(iii) FISCAL YEAR 2019 THROUGH

14 2021.—In fiscal year 2019 through 2021, 

15 up to 25 percent of the amounts received 

16 by a State under subparagraph (A) may be 

17 used for any eligible project or activity 

18 under section 402.’’; and 

19 (6) in paragraph (9)(A)(i), by striking ‘‘, in20 cluding operation while temporarily stationary be21 cause of traffic, a traffic light or stop sign, or other22 wise’’. 

23 SEC. 4133. BARRIERS TO DATA COLLECTION REPORT. 

24 Not later than 180 days after the date of the enact25 ment of this Act, the National Highway Traffic Safety AdVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 ministration shall submit a report to the Committee on 

2 Commerce, Science, and Transportation of the Senate, the 

3 Committee on Energy and Commerce of the House of 

4 Representatives, and the Committee on Transportation 

5 and Infrastructure of the House of Representatives that— 

6 (1) identifies any legal and technical barriers to 

7 capturing adequate data on the prevalence of the use 

8 of wireless communications devices while driving; 

9 and 

10 (2) provides recommendations on how to ad11 dress such barriers. 

12 PART IV—TECHNICAL AND CONFORMING 

13 AMENDMENTS 

14 SEC. 4141. TECHNICAL CORRECTIONS TO THE MOTOR VEHI15 CLE AND HIGHWAY SAFETY IMPROVEMENT 

16 ACT OF 2012. 

17 (a) HIGHWAY SAFETY PROGRAMS.—Section 402 of 

18 title 23, United States Code, is amended— 

19 (1) in subsection (b)(1)(C), by striking ‘‘except 

20 as provided in paragraph (3),’’; 

21 (2) in subsection (b)(1)(E)— 

22 (A) by striking ‘‘in which a State’’ and in23 serting ‘‘for which a State’’; and 

24 (B) by striking ‘‘subsection (f)’’ and insert25 ing ‘‘subsection (k)’’; and 


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1 (3) in subsection (k)(4), by striking ‘‘paragraph 

2 (2)(A)’’ and inserting ‘‘paragraph (3)(A)’’. 

3 (b) HIGHWAY SAFETY RESEARCH AND DEVELOP4 MENT.—Section 403(e) of title 23, United States Code, 

5 is amended by inserting ‘‘of title 49’’ after ‘‘chapter 301’’. 

6 (c) NATIONAL PRIORITY SAFETY PROGRAMS.—Sec7 tion 405 of title 23, United States Code, is amended— 

8 (1) in subsection (d)(5), by striking ‘‘section 

9 402(c)’’ and inserting ‘‘section 402’’; and 

10 (2) in subsection (f)(4)(A)(iv), by striking ‘‘de11 veloped under subsection (g)’’. 

12 Subtitle B—Vehicle Safety 

13 SEC. 4201. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated to the Sec15 retary to carry out chapter 301 of title 49, and part C 

16 of subtitle VI of title 49, United States Code— 

17 (1) $132,730,000 for fiscal year 2016; 

18 (2) $135,517,330 for fiscal year 2017; 

19 (3) $138,363,194 for fiscal year 2018; 

20 (4) $141,268,821 for fiscal year 2019; 

21 (5) $144,235,466 for fiscal year 2020; and 

22 (6) $147,264,411 for fiscal year 2021. 

23 SEC. 4202. INSPECTOR GENERAL RECOMMENDATIONS. 

24 (a) IN GENERAL.—Not later than 90 days after the 

25 date of enactment of this Act, and periodically thereafter 


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1 until the completion date, the Department of Transpor2 tation Inspector General shall report to the appropriate 

3 committees of Congress on whether and what progress has 

4 been made to implement the recommendations in the Of5 fice of Inspector General Audit Report issued June 18, 

6 2015 (ST–2015–063). 

7 (b) IMPLEMENTATION PROGRESS.—The Adminis8 trator of the National Highway Traffic Safety Administra9 tion shall— 

10 (1) not later than 90 days after the date of en11 actment of this Act, and periodically thereafter until 

12 the completion date, provide a briefing to the appro13 priate committees of Congress on the actions the 

14 Administrator has taken to implement the rec15 ommendations in the audit report described in sub16 section (a), including a plan for implementing any 

17 remaining recommendations; and 

18 (2) not later than 1 year after the date of en19 actment of this Act, issue a final report to the ap20 propriate committees of Congress on the implemen21 tation of all of the recommendations in the audit re22 port described in subsection (a). 

23 (c) DEFINITIONS.—In this section: 

24 (1) APPROPRIATE COMMITTEES OF CON25 GRESS.—The term ‘‘appropriate committees of ConVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 gress’’ means the Committee on Commerce, Science, 

2 and Transportation of the Senate and the Com3 mittee on Energy and Commerce of the House of 

4 Representatives. 

5 (2) COMPLETION DATE.—The term ‘‘completion 

6 date’’ means the date that the National Highway 

7 Traffic Safety Administration has implemented all of 

8 the recommendations in the Office of Inspector Gen9 eral Audit Report issued June 18, 2015 (ST–2015– 

10 063). 

11 SEC. 4203. IMPROVEMENTS IN AVAILABILITY OF RECALL 

12 INFORMATION. 

13 (a) VEHICLE RECALL INFORMATION.—Not later 

14 than 2 years after the date of enactment of this Act, the 

15 Secretary shall implement current information technology, 

16 web design trends, and best practices that will help ensure 

17 that motor vehicle safety recall information available to 

18 the public on the Federal website is readily accessible and 

19 easy to use, including— 

20 (1) by improving the organization, availability, 

21 readability, and functionality of the website; 

22 (2) by accommodating high-traffic volume; and 

23 (3) by establishing best practices for scheduling 

24 routine website maintenance. 


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1 (b) GOVERNMENT ACCOUNTABILITY OFFICE PUBLIC

2 AWARENESS REPORT.— 

3 (1) IN GENERAL.—The Comptroller General 

4 shall study the current use by consumers, dealers, 

5 and manufacturers of the safety recall information 

6 made available to the public, including the usability 

7 and content of the Federal and manufacturers’ 

8 websites and the National Highway Traffic Safety 

9 Administration’s efforts to publicize and educate 

10 consumers about safety recall information. 

11 (2) REPORT.—Not later than 2 years after the 

12 date of enactment of this Act, the Comptroller Gen13 eral shall issue a report with the findings of the 

14 study under paragraph (1), including recommending 

15 any actions the Secretary can take to improve public 

16 awareness and use of the websites for safety recall 

17 information. 

18 (c) PROMOTION OF PUBLIC AWARENESS.—Section 

19 31301(c) of the Moving Ahead for Progress in the 21st 

20 Century Act (49 U.S.C. 30166 note) is amended to read 

21 as follows: 

22 ‘‘(c) PROMOTION OF PUBLIC AWARENESS.—The Sec23 retary shall improve public awareness of safety recall in24 formation made publicly available by periodically updating 

25 the method of conveying that information to consumers, 


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1 dealers, and manufacturers, such as through public service 

2 announcements.’’. 

3 (d) CONSUMER GUIDANCE.—Not later than 1 year 

4 after the date of enactment of this Act, the Secretary shall 

5 make available to the public on the Internet detailed guid6 ance for consumers submitting safety complaints, includ7 ing— 

8 (1) a detailed explanation of what information 

9 a consumer should include in a complaint; and 

10 (2) a detailed explanation of the possible ac11 tions the National Highway Traffic Safety Adminis12 tration can take to address a complaint and respond 

13 to the consumer, including information on— 

14 (A) the consumer records, such as photo15 graphs and police reports, that could assist with 

16 an investigation; and 

17 (B) the length of time a consumer should 

18 retain the records described in subparagraph 

19 (A). 

20 (e) VIN SEARCH.— 

21 (1) IN GENERAL.—The Secretary, in coordina22 tion with industry, including manufacturers and 

23 dealers, shall study— 

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1 trieve motor vehicle safety recall information; 

2 and 

3 (B) the feasibility of making the search 

4 mechanism described under subparagraph (A) 

5 publicly available. 

6 (2) CONSIDERATIONS.—In conducting the study 

7 under paragraph (1), the Secretary shall consider 

8 the potential costs, and potential risks to privacy 

9 and security in implementing such a search mecha10 nism. 

11 SEC. 4204. RECALL PROCESS. 

12 (a) NOTIFICATION BY MANUFACTURER.—Section 

13 30118(c) is amended by inserting ‘‘or electronic mail’’ 

14 after ‘‘certified mail’’. 

15 (b) RECALL COMPLETION RATES REPORT.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this Act, and biennially 

18 thereafter for 4 years, the Secretary shall— 

19 (A) conduct an analysis of vehicle safety 

20 recall completion rates to assess potential ac21 tions by the National Highway Traffic Safety 

22 Administration to improve vehicle safety recall 

23 completion rates; and 

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1 ate and the Committee on Energy and Com2 merce of the House of Representatives a report 

3 on the results of the analysis. 

4 (2) CONTENTS.—Each report shall include— 

5 (A) the annual recall completion rate by 

6 manufacturer, component (such as brakes, fuel 

7 systems, and air bags), and vehicle type (pas8 senger car, sport utility vehicle, passenger van, 

9 and pick-up truck) for each of the 5 years be10 fore the year the report is submitted; 

11 (B) the methods by which the Secretary 

12 has conducted analyses of these recall comple13 tion rates to determine trends and identify risk 

14 factors associated with lower recall rates; and 

15 (C) the actions the Secretary has planned 

16 to improve recall completion rates based on the 

17 results of this data analysis. 

18 (3) INSPECTOR GENERAL AUDIT OF VEHICLE

19 RECALLS.— 

20 (A) IN GENERAL.—The Department of 

21 Transportation Inspector General shall conduct 

22 an audit of the National Highway Traffic Safe23 ty Administration’s management of vehicle safe24 ty recalls. 


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1 (B) CONTENTS.—The audit shall include a 

2 determination of whether the National Highway 

3 Traffic Safety Administration— 

4 (i) appropriately monitors recalls to 

5 ensure the appropriateness of scope and 

6 adequacy of recall completion rates and 

7 remedies; 

8 (ii) ensures manufacturers provide 

9 safe remedies, at no cost to consumers; 

10 (iii) is capable of coordinating recall 

11 remedies and processes; and 

12 (iv) can improve its policy on con13 sumer notice to combat effects of recall fa14 tigue. 

15 SEC. 4205. PILOT GRANT PROGRAM FOR STATE NOTIFICA16 TION TO CONSUMERS OF MOTOR VEHICLE 

17 RECALL STATUS. 

18 (a) IN GENERAL.—Not later than October 1, 2016, 

19 the Secretary shall implement a 2-year pilot program to 

20 evaluate the feasibility and effectiveness of a State process 

21 for informing consumers of open motor vehicle recalls at 

22 the time of motor vehicle registration in the State. 

23 (b) GRANTS.—To carry out this program, the Sec24 retary may make a grant to each eligible State, but not 

25 more than 6 eligible States in total, that agrees to comply 


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1 with the requirements under subsection (c). Funds made 

2 available to a State under this section shall be used by 

3 the State for the pilot program described in subsection (a). 

4 (c) ELIGIBILITY.—To be eligible for a grant, a State 

5 shall— 

6 (1) submit an application in such form and 

7 manner as the Secretary prescribes; 

8 (2) agree to notify, at the time of registration, 

9 each owner or lessee of a motor vehicle presented for 

10 registration in the State of any open recall on that 

11 vehicle; 

12 (3) provide the open motor vehicle recall infor13 mation at no cost to each owner or lessee of a motor 

14 vehicle presented for registration in the State; and 

15 (4) provide such other information as the Sec16 retary may require. 

17 (d) AWARDS.—In selecting an applicant for an award 

18 under this section, the Secretary shall consider the State’s 

19 methodology for determining open recalls on a motor vehi20 cle, for informing consumers of the open recalls, and for 

21 determining performance. 

22 (e) PERFORMANCE PERIOD.—Each grant awarded 

23 under this section shall require a 2-year performance pe24 riod. 


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1 (f) REPORT.—Not later than 90 days after the com2 pletion of the performance period under subsection (e), a 

3 grantee shall provide to the Secretary a report of perform4 ance containing such information as the Secretary con5 siders necessary to evaluate the extent to which open re6 calls have been remedied. 

7 (g) EVALUATION.—Not later than 180 days after the 

8 completion of the pilot program, the Secretary shall evalu9 ate the extent to which open recalls identified have been 

10 remedied. 

11 (h) DEFINITIONS.—In this section: 

12 (1) CONSUMER.—The term ‘‘consumer’’ in13 cludes owner and lessee. 

14 (2) MOTOR VEHICLE.—The term ‘‘motor vehi15 cle’’ has the meaning given the term under section 

16 30102(a) of title 49, United States Code. 

17 (3) OPEN RECALL.—The term ‘‘open recall’’ 

18 means a recall for which a notification by a manu19 facturer has been provided under section 30119 of 

20 title 49, United States Code, and that has not been 

21 remedied under section 30120 of that title. 

22 (4) REGISTRATION.—The term ‘‘registration’’ 

23 means the process for registering motor vehicles in 

24 the State. 


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1 (5) STATE.—The term ‘‘State’’ has the mean2 ing given the term under section 101(a) of title 23, 

3 United States Code. 

4 SEC. 4206. RECALL OBLIGATIONS UNDER BANKRUPTCY. 

5 Section 30120A is amended by striking ‘‘chapter 11 

6 of title 11,’’ and inserting ‘‘chapter 7 or chapter 11 of 

7 title 11’’. 

8 SEC. 4207. DEALER REQUIREMENT TO CHECK FOR OPEN 

9 RECALL. 

10 Section 30120(f) is amended— 

11 (1) by inserting ‘‘(1) IN GENERAL.—’’ before 

12 ‘‘A manufacturer’’ and indenting appropriately; 

13 (2) in paragraph (1), as redesignated, by strik14 ing the period at the end and inserting the following: 

15 ‘‘if— 

16 ‘‘(A) the dealer notifies the owner of each 

17 of the manufacturer’s motor vehicles it services 

18 at the time of the service of any open recall; 

19 and 

20 ‘‘(B) the notification requirement under 

21 subparagraph (A) is specified in a franchise, 

22 operating, or other agreement between the deal23 er and the manufacturer.’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(2) DEFINITION OF OPEN RECALL.—In this 

2 subsection, the term ‘open recall’ means a recall for 

3 which a notification by a manufacturer has been 

4 provided under section 30119 and that has not been 

5 remedied under this section.’’. 

6 SEC. 4208. EXTENSION OF TIME PERIOD FOR REMEDY OF 

7 TIRE DEFECTS. 

8 Section 30120(b) of title 49, United States Code, is 

9 amended— 

10 (1) in paragraph (1), by striking ‘‘60 days’’ and 

11 inserting ‘‘180 days’’; and 

12 (2) in paragraph (2), by striking ‘‘60-day’’ each 

13 place it appears and inserting ‘‘180-day’’. 

14 SEC. 4209. RENTAL CAR SAFETY. 

15 (a) IN GENERAL.—Section 30120 of title 49, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘(k) LIMITATION ON RENTAL OF DEFECTIVE OR

19 NONCOMPLYING MOTOR VEHICLES.— 

20 ‘‘(1) IN GENERAL.—After receiving notification 

21 under section 30119 of a defective or noncomplying 

22 motor vehicle or replacement equipment in the rental 

23 company’s possession at the time of notification, a 

24 rental company may rent that motor vehicle only 

25 if— 


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1 ‘‘(A) the defect or noncompliance is rem2 edied, as required by this section, before deliv3 ery under the rental agreement; 

4 ‘‘(B) except as provided in paragraph (2), 

5 the rental company notifies each renter in writ6 ing prior to acceptance of the rental agree7 ment— 

8 ‘‘(i) of the defect or noncompliance; 

9 and 

10 ‘‘(ii) if the notification provided under 

11 section 30119 indicates that the remedy 

12 for the defect or noncompliance is not im13 mediately available and specifies an action 

14 to temporarily alter the vehicle that would 

15 eliminate the safety risk posed by the de16 fect or noncompliance, whether that action 

17 was performed; or 

18 ‘‘(C) if the notification is required by an 

19 order under section 30118(b), enforcement of 

20 the order is restrained or the order is set aside 

21 in a civil action to which section 30121(d) of 

22 this title applies. 

23 ‘‘(2) PROCEDURES FOR NOTIFICATION DURING

24 DURATION OF RENTAL AGREEMENTS.—If a rental 

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1 complying motor vehicle or replacement equipment 

2 under section 30119 during the duration of a rental 

3 agreement, the rental company shall notify each 

4 renter, as soon as practicable, but not later than 24 

5 hours after the date the rental company received the 

6 notification under section 30119. 

7 ‘‘(3) CONSTRUCTION.—Nothing in this sub8 section may be construed to prohibit a rental com9 pany from offering a motor vehicle for rent. 

10 ‘‘(4) DEFINITION OF RENTAL COMPANY.—In 

11 this subsection, the term ‘rental company’ means a 

12 person who is engaged in the business of renting a 

13 motor vehicle that— 

14 ‘‘(A) has a gross vehicle weight rating of 

15 10,000 pounds or less; 

16 ‘‘(B) is rented without a driver for an ini17 tial term of less than 4 months; and 

18 ‘‘(C) is part of a motor vehicle fleet of 5 

19 or more motor vehicles that are used for rental 

20 purposes.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall take effect 1 year after the date of 

23 enactment of this Act. 


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1 SEC. 4210. MOTOR VEHICLE EQUIPMENT. 

2 Section 30102(7)(C) of title 49, United States Code, 

3 is amended by inserting ‘‘, excluding portable wireless 

4 communications devices and associated applications and 

5 software used with such devices, which do not operate or 

6 control a critical or primary system, part, or component 

7 of a motor vehicle,’’ after ‘‘device’’. 

8 SEC. 4211. TRANSFER TO HIGHWAY TRUST FUND OF CER9 TAIN MOTOR VEHICLE SAFETY PENALTIES. 

10 (a) IN GENERAL.—Paragraph (5) of section 9503(b) 

11 of the Internal Revenue Code of 1986 is amended— 

12 (1) by striking ‘‘There are hereby’’ and insert13 ing the following: 

14 ‘‘(A) IN GENERAL.—There are hereby’’, 

15 and 

16 (2) by adding at the end the following: 

17 ‘‘(B) PENALTIES RELATED TO MOTOR VE18 HICLE SAFETY.— 

19 ‘‘(i) IN GENERAL.—There are hereby 

20 appropriated to the Highway Trust Fund 

21 amounts equivalent to covered motor vehi22 cle safety penalty collections. 

23 ‘‘(ii) COVERED MOTOR VEHICLE SAFE24 TY PENALTY COLLECTIONS.—For purposes 

25 of this subparagraph, the term ‘covered 

26 motor vehicle safety penalty collections’ 


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1 means any amount collected in connection 

2 with a civil penalty under section 30165 of 

3 title 49, United States Code, reduced by 

4 any award authorized by the Secretary of 

5 Transportation to be paid to any person in 

6 connection with information provided by 

7 such person related to a violation of chap8 ter 301 of such title which is a predicate 

9 to such civil penalty.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to amounts collected after the date 

12 of enactment of this Act. 

13 Subtitle C—Research and Develop14 ment and Vehicle Electronics 

15 SEC. 4301. REPORT ON OPERATIONS OF THE COUNCIL FOR 

16 VEHICLE ELECTRONICS, VEHICLE SOFT17 WARE, AND EMERGING TECHNOLOGIES. 

18 Not later than 1 year after the date of enactment 

19 of this Act, the Secretary shall submit to the Committee 

20 on Commerce, Science, and Transportation of the Senate 

21 and the Committee on Energy and Commerce of the 

22 House of Representatives a report regarding the oper23 ations of the Council for Vehicle Electronics, Vehicle Soft24 ware, and Emerging Technologies established under sec25 tion 31401 of the Moving Ahead for Progress in the 21st 


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1 Century Act (49 U.S.C. 105 note). The report shall in2 clude information about the accomplishments of the Coun3 cil, the role of the Council in integrating and aggregating 

4 electronic and emerging technologies expertise across the 

5 National Highway Traffic Safety Administration, the role 

6 of the Council in coordinating with other Federal agencies, 

7 and the priorities of the Council over the next 5 years. 

8 SEC. 4302. COOPERATION WITH FOREIGN GOVERNMENTS. 

9 (a) TITLE 49 AMENDMENT.—Section 30182(b) is 

10 amended— 

11 (1) in paragraph (4), by striking ‘‘; and’’ and 

12 inserting a semicolon; 

13 (2) in paragraph (5), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (3) by inserting after paragraph (5) the fol16 lowing: 

17 ‘‘(6) in coordination with Department of State, 

18 enter into cooperative agreements and collaborative 

19 research and development agreements with foreign 

20 governments.’’. 

21 (b) TITLE 23 AMENDMENT.—Section 403 of title 23, 

22 United States Code, is amended— 

23 (1) in subsection (b)(2)(C), by inserting ‘‘for24 eign government, in coordination with the Depart25 ment of State,’’ after ‘‘institution,’’; and 


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1 (2) in subsection (c)(1)(A), by inserting ‘‘for2 eign governments,’’ after ‘‘local governments,’’. 

3 (c) AUDIT.—The Department of Transportation In4 spector General shall conduct an audit of the Secretary 

5 of Transportation’s management and oversight of coopera6 tive agreements and collaborative research and develop7 ment agreements, including any cooperative agreements 

8 between the Secretary of Transportation and foreign gov9 ernments under section 30182(b)(6) of title 49, United 

10 States Code, and subsections (b)(2)(C) and (c)(1)(A) of 

11 title 23, United States Code. 

12 Subtitle D—Miscellaneous 

13 Provisions 

14 PART I—DRIVER PRIVACY ACT OF 2015 

15 SEC. 4401. SHORT TITLE. 

16 This part may be cited as the ‘‘Driver Privacy Act 

17 of 2015’’. 

18 SEC. 4402. LIMITATIONS ON DATA RETRIEVAL FROM VEHI19 CLE EVENT DATA RECORDERS. 

20 (a) OWNERSHIP OF DATA.—Any data retained by an 

21 event data recorder (as defined in section 563.5 of title 

22 49, Code of Federal Regulations), regardless of when the 

23 motor vehicle in which it is installed was manufactured, 

24 is the property of the owner, or, in the case of a leased 


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1 vehicle, the lessee of the motor vehicle in which the event 

2 data recorder is installed. 

3 (b) PRIVACY.—Data recorded or transmitted by an 

4 event data recorder described in subsection (a) may not 

5 be accessed by a person other than an owner or a lessee 

6 of the motor vehicle in which the event data recorder is 

7 installed unless— 

8 (1) a court or other judicial or administrative 

9 authority having jurisdiction— 

10 (A) authorizes the retrieval of the data; 

11 and 

12 (B) to the extent that there is retrieved 

13 data, the data is subject to the standards for 

14 admission into evidence required by that court 

15 or other administrative authority; 

16 (2) an owner or a lessee of the motor vehicle 

17 provides written, electronic, or recorded audio con18 sent to the retrieval of the data for any purpose, in19 cluding the purpose of diagnosing, servicing, or re20 pairing the motor vehicle, or by agreeing to a sub21 scription that describes how data will be retrieved 

22 and used; 

23 (3) the data is retrieved pursuant to an inves24 tigation or inspection authorized under section 

25 1131(a) or 30166 of title 49, United States Code, 


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1 and the personally identifiable information of an 

2 owner or a lessee of the vehicle and the vehicle iden3 tification number is not disclosed in connection with 

4 the retrieved data, except that the vehicle identifica5 tion number may be disclosed to the certifying man6 ufacturer; 

7 (4) the data is retrieved for the purpose of de8 termining the need for, or facilitating, emergency 

9 medical response in response to a motor vehicle 

10 crash; or 

11 (5) the data is retrieved for traffic safety re12 search, and the personally identifiable information of 

13 an owner or a lessee of the vehicle and the vehicle 

14 identification number is not disclosed in connection 

15 with the retrieved data. 

16 SEC. 4403. VEHICLE EVENT DATA RECORDER STUDY. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this Act, the Administrator of the 

19 National Highway Traffic Safety Administration shall 

20 submit to Congress a report that contains the results of 

21 a study conducted by the Administrator to determine the 

22 amount of time event data recorders installed in passenger 

23 motor vehicles should capture and record for retrieval ve24 hicle-related data in conjunction with an event in order 


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1 to provide sufficient information to investigate the cause 

2 of motor vehicle crashes. 

3 (b) RULEMAKING.—Not later than 2 years after sub4 mitting the report required under subsection (a), the Ad5 ministrator of the National Highway Traffic Safety Ad6 ministration shall promulgate regulations to establish the 

7 appropriate period during which event data recorders in8 stalled in passenger motor vehicles may capture and 

9 record for retrieval vehicle-related data to the time nec10 essary to provide accident investigators with vehicle-re11 lated information pertinent to crashes involving such 

12 motor vehicles. 

13 PART II—SAFETY THROUGH INFORMED 

14 CONSUMERS ACT OF 2015 

15 SEC. 4421. SHORT TITLE. 

16 This part may be cited as the ‘‘Safety Through In17 formed Consumers Act of 2015’’. 

18 SEC. 4422. PASSENGER MOTOR VEHICLE INFORMATION. 

19 Section 32302 is amended by inserting after sub20 section (b) the following: 

21 ‘‘(c) CRASH AVOIDANCE.—Not later than 1 year after 

22 the date of enactment of the Safety Through Informed 

23 Consumers Act of 2015, the Secretary shall promulgate 

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1 cated next to crashworthiness information on stickers 

2 placed on motor vehicles by their manufacturers.’’. 

3 TITLE V—RAILROAD REFORM, 

4 ENHANCEMENT, AND EFFI5 CIENCY 

6 SEC. 5001. PASSENGER TRANSPORTATION; DEFINITIONS. 

7 Section 24102 is amended— 

8 (1) by redesignating paragraphs (5) through 

9 (9) as paragraphs (6) through (10), respectively; 

10 (2) by inserting after paragraph (4), the fol11 lowing: 

12 ‘‘(5) ‘long-distance route’ means a route de13 scribed in paragraph (6)(C).’’; 

14 (3) by amending paragraph (6)(A), as redesig15 nated, to read as follows: 

16 ‘‘(A) the Northeast Corridor main line be17 tween Boston, Massachusetts and the Virginia 

18 Avenue interlocking in the District of Columbia, 

19 and the facilities and services used to operate 

20 and maintain that line;’’; 

21 (4) in paragraph (7), as redesignated, by strik22 ing the period at the end and inserting ‘‘, except 

23 that the term ‘Northeast Corridor’ for the purposes 

24 of chapter 243 means the main line between Boston, 

25 Massachusetts and the Virginia Avenue interlocking 


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1 in the District of Columbia, and the facilities and 

2 services used to operate and maintain that line.’’; 

3 and 

4 (5) by adding at the end the following: 

5 ‘‘(11) ‘state-of-good-repair’ means a condition 

6 in which physical assets, both individually and as a 

7 system, are— 

8 ‘‘(A) performing at a level at least equal to 

9 that called for in their as-built or as-modified 

10 design specification during any period when the 

11 life cycle cost of maintaining the assets is lower 

12 than the cost of replacing them; and 

13 ‘‘(B) sustained through regular mainte14 nance and replacement programs. 

15 ‘‘(12) ‘State-supported route’ means a route de16 scribed in paragraph (6)(B) or paragraph (6)(D), or 

17 in section 24702(a).’’. 

18 Subtitle A—Authorization of 

19 Appropriations 

20 SEC. 5101. AUTHORIZATION OF GRANTS TO AMTRAK. 

21 (a) IN GENERAL.—There are authorized to be appro22 priated to the Secretary for the use of Amtrak for deposit 

23 into the accounts established under section 24319(a) of 

24 title 49, United States Code, the following amounts: 

25 (1) For fiscal year 2016, $1,450,000,000. 


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1 (2) For fiscal year 2017, $1,550,000,000. 

2 (3) For fiscal year 2018, $1,700,000,000. 

3 (4) For fiscal year 2019, $1,900,000,000. 

4 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec5 retary may withhold up to one half of 1 percent of the 

6 amount appropriated under subsection (a) for the costs 

7 of management oversight of Amtrak. 

8 (c) COMPETITION.—In administering grants to Am9 trak under section 24318 of title 49, United States Code, 

10 the Secretary may withhold, from amounts that would oth11 erwise be made available to Amtrak, such sums as are nec12 essary from the amount appropriated under subsection (a) 

13 of this section to cover the operating subsidy described in 

14 section 24711(b)(1)(E)(ii) of title 49, United States Code. 

15 (d) STATE-SUPPORTED ROUTE COMMITTEE.—The 

16 Secretary may withhold up to $2,000,000 from the 

17 amount appropriated in each fiscal year under subsection 

18 (a) of this section for the use of the State-Supported 

19 Route Committee established under section 24712 of title 

20 49, United States Code. 

21 (e) NORTHEAST CORRIDOR COMMISSION.—The Sec22 retary may withhold up to $5,000,000 from the amount 

23 appropriated in each fiscal year under subsection (a) of 

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1 sion established under section 24905 of title 49, United 

2 States Code. 

3 SEC. 5102. NATIONAL INFRASTRUCTURE AND SAFETY IN4 VESTMENTS. 

5 (a) IN GENERAL.—There are authorized to be appro6 priated to the Secretary for grants under chapter 244 of 

7 title 49, United States Code, the following amounts: 

8 (1) For fiscal year 2016, $350,000,000. 

9 (2) For fiscal year 2017, $430,000,000. 

10 (3) For fiscal year 2018, $600,000,000. 

11 (4) For fiscal year 2019, $900,000,000. 

12 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec13 retary may withhold up to 1 percent from the amount ap14 propriated under subsection (a) of this section for the 

15 costs of project management oversight of grants carried 

16 out under chapter 244 of title 49, United States Code. 

17 SEC. 5103. AUTHORIZATION OF APPROPRIATIONS FOR NA18 TIONAL TRANSPORTATION SAFETY BOARD 

19 RAIL INVESTIGATIONS. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, there are authorized to be appropriated to the 

22 National Transportation Safety Board to carry out rail23 road accident investigations under section 1131(a)(1)(C) 

24 of title 49, United States Code, the following amounts: 

25 (1) For fiscal year 2016, $6,300,000. 


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1 (2) For fiscal year 2017, $6,400,000. 

2 (3) For fiscal year 2018, $6,500,000. 

3 (4) For fiscal year 2019, $6,600,000. 

4 (b) INVESTIGATION PERSONNEL.—Amounts appro5 priated under subsection (a) of this section shall be avail6 able to the National Transportation Safety Board for per7 sonnel, in regional offices and in Washington, DC, whose 

8 duties involve railroad accident investigations. 

9 SEC. 5104. AUTHORIZATION OF APPROPRIATIONS FOR AM10 TRAK OFFICE OF INSPECTOR GENERAL. 

11 There are authorized to be appropriated to the Office 

12 of Inspector General of Amtrak the following amounts: 

13 (1) For fiscal year 2016, $20,000,000. 

14 (2) For fiscal year 2017, $20,500,000. 

15 (3) For fiscal year 2018, $21,000,000. 

16 (4) For fiscal year 2019, $21,500,000. 

17 SEC. 5105. NATIONAL COOPERATIVE RAIL RESEARCH PRO18 GRAM. 

19 (a) IN GENERAL.—Section 24910 is amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (12), by striking ‘‘and’’; 

22 (B) in paragraph (13), by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(14) to improve the overall safety of intercity 

2 passenger and freight rail operations.’’; and 

3 (2) by amending subsection (e) to read as fol4 lows: 

5 ‘‘(e) ALLOCATION.—At least $5,000,000 of the 

6 amounts appropriated to the Secretary for a fiscal year 

7 to carry out railroad research and development programs 

8 shall be available to carry out this section.’’. 

9 Subtitle B—Amtrak Reform 

10 SEC. 5201. AMTRAK GRANT PROCESS. 

11 (a) REQUIREMENTS AND PROCEDURES.—Chapter 

12 243 is amended by adding at the end the following: 

13 ‘‘§ 24317. Costs and revenues 

14 ‘‘(a) ALLOCATION.—Not later than 180 days after 

15 the date of enactment of the Comprehensive Transpor16 tation and Consumer Protection Act of 2015, Amtrak 

17 shall establish and maintain internal controls to ensure 

18 Amtrak’s costs, revenues, and other compensation are ap19 propriately and proportionally allocated to its Northeast 

20 Corridor train services or infrastructure, its State-sup21 ported routes, its long-distance routes, and its other na22 tional network activities. 

23 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall be construed to limit the ability of Amtrak to 

25 enter into an agreement with 1 or more States to allocate 


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1 operating and capital costs under section 209 of the Pas2 senger Rail Investment and Improvement Act of 2008 (49 

3 U.S.C. 24101 note). 

4 ‘‘§ 24318. Grant process 

5 ‘‘(a) PROCEDURES FOR GRANT REQUESTS.—Not 

6 later than 90 days after the date of enactment of the Com7 prehensive Transportation and Consumer Protection Act 

8 of 2015, the Secretary of Transportation shall establish 

9 and transmit to the Committee on Commerce, Science, 

10 and Transportation and the Committee on Appropriations 

11 of the Senate and the Committee on Transportation and 

12 Infrastructure and the Committee on Appropriations of 

13 the House of Representatives substantive and procedural 

14 requirements, including schedules, for grant requests 

15 under this section. 

16 ‘‘(b) GRANT REQUESTS.—Amtrak shall transmit 

17 grant requests for Federal funds appropriated to the Sec18 retary of Transportation for the use of Amtrak to— 

19 ‘‘(1) the Secretary; and 

20 ‘‘(2) the Committee on Commerce, Science, and 

21 Transportation, the Committee on Appropriations, 

22 and the Committee on the Budget of the Senate and 

23 the Committee on Transportation and Infrastruc24 ture, the Committee on Appropriations, and the 


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1 Committee on the Budget of the House of Rep2 resentatives. 

3 ‘‘(c) CONTENTS.—A grant request under subsection 

4 (b) shall— 

5 ‘‘(1) describe projected operating and capital 

6 costs for the upcoming fiscal year for Northeast Cor7 ridor train services and infrastructure, Amtrak’s 

8 State-supported routes, and Amtrak’s long-distance 

9 routes, and Amtrak’s other national network activi10 ties, as applicable, in comparison to prior fiscal year 

11 actual financial performance; 

12 ‘‘(2) describe the capital projects to be funded, 

13 with cost estimates and an estimated timetable for 

14 completion of the projects covered by the request; 

15 ‘‘(3) assess Amtrak’s financial condition; 

16 ‘‘(4) be displayed on Amtrak’s Web site within 

17 a reasonable timeframe following its transmission 

18 under subsection (b); and 

19 ‘‘(5) describe how the funding requested in a 

20 grant will be allocated to the accounts established 

21 under section 24319(a), considering the projected 

22 operating losses or capital costs for services and ac23 tivities associated with such accounts over the time 

24 period intended to be covered by the grants. 

25 ‘‘(d) REVIEW AND APPROVAL.— 


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1 ‘‘(1) THIRTY-DAY APPROVAL PROCESS.— 

2 ‘‘(A) IN GENERAL.—Not later than 30 

3 days after the date that Amtrak submits a 

4 grant request under this section, the Secretary 

5 of Transportation shall complete a review of the 

6 request and provide notice to Amtrak that— 

7 ‘‘(i) the request is approved; or 

8 ‘‘(ii) the request is disapproved, in9 cluding the reason for the disapproval and 

10 an explanation of any incomplete or defi11 cient items. 

12 ‘‘(B) GRANT AGREEMENT.—If a grant re13 quest is approved, the Secretary shall enter into 

14 a grant agreement with Amtrak that allocates 

15 the grant funding to 1 of the 4 accounts estab16 lished under section 24319(a). 

17 ‘‘(2) FIFTEEN-DAY MODIFICATION PERIOD.— 

18 Not later than 15 days after the date of the notice 

19 under paragraph (1)(A)(ii), Amtrak shall submit a 

20 modified request for the Secretary’s review. 

21 ‘‘(3) MODIFIED REQUESTS.—Not later than 15 

22 days after the date that Amtrak submits a modified 

23 request under paragraph (2), the Secretary shall ei24 ther approve the modified request, or, if the Sec25 retary finds that the request is still incomplete or 


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1 deficient, the Secretary shall identify in writing to 

2 the Committee on Commerce, Science, and Trans3 portation, the Committee on Appropriations, and the 

4 Committee on the Budget of the Senate and the 

5 Committee on Transportation and Infrastructure, 

6 the Committee on Appropriations, and the Com7 mittee on the Budget of the House of Representa8 tives the remaining deficiencies and recommend a 

9 process for resolving the outstanding portions of the 

10 request. 

11 ‘‘(e) PAYMENTS TO AMTRAK.— 

12 ‘‘(1) IN GENERAL.—A grant agreement entered 

13 into under subsection (d) shall specify the oper14 ations, services, and other activities to be funded by 

15 the grant. The grant agreement shall include provi16 sions, consistent with the requirements of this chap17 ter, to measure Amtrak’s performance and ensure 

18 accountability in delivering the operations, services, 

19 or activities to be funded by the grant. 

20 ‘‘(2) SCHEDULE.—Except as provided in para21 graph (3), in each fiscal year for which amounts are 

22 appropriated to the Secretary for the use of Amtrak, 

23 and for which the Secretary and Amtrak have en24 tered into a grant agreement under subsection (d), 


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1 the Secretary shall disburse grant funds to Amtrak 

2 on the following schedule: 

3 ‘‘(A) 50 percent on October 1. 

4 ‘‘(B) 25 percent on January 1. 

5 ‘‘(C) 25 percent on April 1. 

6 ‘‘(3) EXCEPTIONS.—The Secretary may make a 

7 payment to Amtrak of appropriated funds— 

8 ‘‘(A) more frequently than the schedule 

9 under paragraph (2) if Amtrak, for good cause, 

10 requests more frequent payment before the end 

11 of a payment period; or 

12 ‘‘(B) with a different frequency or in dif13 ferent percentage allocations in the event of a 

14 continuing resolution or in the absence of an 

15 appropriations Act for the duration of a fiscal 

16 year. 

17 ‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY APPRO18 PRIATIONS.—Amounts appropriated to the Secretary for 

19 the use of Amtrak shall remain available until expended. 

20 Amounts for capital acquisitions and improvements may 

21 be appropriated for a fiscal year before the fiscal year in 

22 which the amounts will be obligated. 

23 ‘‘(g) LIMITATIONS ON USE.—Amounts appropriated 

24 to the Secretary for the use of Amtrak may not be used 


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1 to cross-subsidize operating losses or capital costs of com2 muter rail passenger or freight rail transportation. 

3 ‘‘§ 24319. Accounts 

4 ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—Beginning 

5 not later than October 1, 2016, Amtrak, in consultation 

6 with the Secretary of Transportation, shall define and es7 tablish— 

8 ‘‘(1) a Northeast Corridor investment account, 

9 including subaccounts for Amtrak train services and 

10 infrastructure; 

11 ‘‘(2) a State-supported account; 

12 ‘‘(3) a long-distance account; and 

13 ‘‘(4) an other national network activities ac14 count. 

15 ‘‘(b) NORTHEAST CORRIDOR INVESTMENT AC16 COUNT.— 

17 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

18 Northeast Corridor investment account established 

19 under subsection (a)(1)— 

20 ‘‘(A) a portion of the grant funds appro21 priated under the authorization in section 

22 5101(a) of the Comprehensive Transportation 

23 and Consumer Protection Act of 2015, or any 

24 subsequent Act appropriating funds for the use 


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1 of Amtrak, as specified in a grant agreement 

2 entered into under section 24318; 

3 ‘‘(B) any compensation received from com4 muter rail passenger transportation providers 

5 for such providers’ share of capital costs on the 

6 Northeast Corridor provided to Amtrak under 

7 section 24905(c); 

8 ‘‘(C) any operating surplus of the North9 east Corridor train services or infrastructure, as 

10 allocated under section 24317; and 

11 ‘‘(D) any other net revenue received in as12 sociation with the Northeast Corridor, including 

13 freight access fees, electric propulsion, and com14 mercial development. 

15 ‘‘(2) USE OF NORTHEAST CORRIDOR INVEST16 MENT ACCOUNT.—Except as provided in subsection 

17 (f), amounts deposited in the Northeast Corridor in18 vestment account shall be made available for the use 

19 of Amtrak for its share of— 

20 ‘‘(A) capital projects described in section 

21 24904(a)(2)(E)(i), and developed under the 

22 planning process established under that section, 

23 to bring Northeast Corridor infrastructure to a 

24 state-of-good-repair; 


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1 ‘‘(B) capital projects described in clauses 

2 (ii) and (iv) of section 24904(a)(2)(E) that are 

3 developed under the planning process estab4 lished under that section intended to increase 

5 corridor capacity, improve service reliability, 

6 and reduce travel time on the Northeast Cor7 ridor; 

8 ‘‘(C) capital projects to improve safety and 

9 security; 

10 ‘‘(D) capital projects to improve customer 

11 service and amenities; 

12 ‘‘(E) acquiring, rehabilitating, manufac13 turing, remanufacturing, overhauling, or im14 proving equipment and associated facilities used 

15 for intercity rail passenger transportation by 

16 Northeast Corridor train services; 

17 ‘‘(F) retirement of principal and payment 

18 of interest on loans for capital projects de19 scribed in this paragraph or for capital leases 

20 for equipment and related to the Northeast 

21 Corridor; 

22 ‘‘(G) participation in public-private part23 nerships, joint ventures, and other mechanisms 

24 or arrangements that result in the completion 


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1 of capital projects described in this paragraph; 

2 and 

3 ‘‘(H) indirect, common, corporate, or other 

4 costs directly incurred by or allocated to the 

5 Northeast Corridor. 

6 ‘‘(c) STATE-SUPPORTED ACCOUNT.— 

7 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

8 State-supported account established under sub9 section (a)(2)— 

10 ‘‘(A) a portion of the grant funds appro11 priated under the authorization in section 

12 5101(a) of the Comprehensive Transportation 

13 and Consumer Protection Act of 2015, or any 

14 subsequent Act appropriating funds for the use 

15 of Amtrak, as specified in a grant agreement 

16 entered into under section 24318; 

17 ‘‘(B) any compensation received from 

18 States provided to Amtrak under section 209 of 

19 the Passenger Rail Investment and Improve20 ment Act of 2008 (42 U.S.C. 24101 note); and 

21 ‘‘(C) any operating surplus from its State22 supported routes, as allocated under section 

23 24317. 

24 ‘‘(2) USE OF STATE-SUPPORTED ACCOUNT.— 

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1 ited in the State-supported account shall be made 

2 available for the use of Amtrak for capital expenses 

3 and operating costs, including indirect, common, cor4 porate, or other costs directly incurred by or allo5 cated to State-supported routes, of its State-sup6 ported routes and retirement of principal and pay7 ment of interest on loans or capital leases attrib8 utable to its State-supported routes. 

9 ‘‘(d) LONG-DISTANCE ACCOUNT.— 

10 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

11 long-distance account established under subsection 

12 (a)(3)— 

13 ‘‘(A) a portion of the grant funds appro14 priated under the authorization in section 

15 5101(a) of the Comprehensive Transportation 

16 and Consumer Protection Act of 2015, or any 

17 subsequent Act appropriating funds for the use 

18 of Amtrak, as specified in a grant agreement 

19 entered into under section 24318; 

20 ‘‘(B) any compensation received from 

21 States provided to Amtrak for costs associated 

22 with its long-distance routes; and 

23 ‘‘(C) any operating surplus from its long24 distance routes, as allocated under section 

25 24317. 


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1 ‘‘(2) USE OF LONG-DISTANCE ACCOUNT.—Ex2 cept as provided in subsection (f), amounts deposited 

3 in the long-distance account shall be made available 

4 for the use of Amtrak for capital expenses and oper5 ating costs, including indirect, common, corporate, 

6 or other costs directly incurred by or allocated to 

7 long-distance routes, of its long-distance routes and 

8 retirement of principal and payment of interest on 

9 loans or capital leases attributable to the long-dis10 tance routes. 

11 ‘‘(e) OTHER NATIONAL NETWORK ACTIVITIES AC12 COUNT.— 

13 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

14 other national network activities account established 

15 under subsection (a)(4)— 

16 ‘‘(A) a portion of the grant funds appro17 priated under the authorization in section 

18 101(a) of the Railroad Reform, Enhancement, 

19 and Efficiency Act, or any subsequent Act ap20 propriating funds for the use of Amtrak, as 

21 specified in a grant agreement entered into 

22 under section 24318; 

23 ‘‘(B) any compensation received from 

24 States provided to Amtrak for costs associated 

25 with its other national network activities; and 


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1 ‘‘(C) any operating surplus from its other 

2 national network activities. 

3 ‘‘(2) USE OF OTHER NATIONAL NETWORK AC4 TIVITIES ACCOUNT.—Except as provided in sub5 section (f), amounts deposited into the other na6 tional network activities account shall be made avail7 able for the use of Amtrak for capital and operating 

8 costs not allocated to the Northeast Corridor invest9 ment account, State-supported account, or long-dis10 tance account, and retirement of principal and pay11 ment of interest on loans or capital leases attrib12 utable to other national network activities. 

13 ‘‘(f) TRANSFER AUTHORITY.— 

14 ‘‘(1) AUTHORITY.—Amtrak may transfer any 

15 funds appropriated under the authorization in sec16 tion 5101(a) of the Comprehensive Transportation 

17 and Consumer Protection Act of 2015, or any subse18 quent Act appropriating funds for the use of Amtrak 

19 for deposit into the accounts described in that sec20 tion, or any surplus generated by operations, be21 tween the Northeast Corridor, State-supported, long22 distance, and other national network activities ac23 counts— 

24 ‘‘(A) upon the expiration of 10 days after 

25 the date that Amtrak notifies the Amtrak 


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1 Board of Directors, including the Secretary, of 

2 the planned transfer; and 

3 ‘‘(B) with the approval of the Secretary. 

4 ‘‘(2) REPORT.—Not later than 5 days after the 

5 date that Amtrak notifies the Amtrak Board of Di6 rectors of a planned transfer under paragraph (1), 

7 Amtrak shall transmit to the Committee on Com8 merce, Science, and Transportation and the Com9 mittee on Appropriations of the Senate and the 

10 Committee on Transportation and Infrastructure 

11 and the Committee on Appropriations of the House 

12 of Representatives a report that includes— 

13 ‘‘(A) the amount of the transfer; and 

14 ‘‘(B) a detailed explanation of the reason 

15 for the transfer, including— 

16 ‘‘(i) the effects on Amtrak services 

17 funded by the account from which the 

18 transfer is drawn, in comparison to a sce19 nario in which no transfer was made; and 

20 ‘‘(ii) the effects on Amtrak services 

21 funded by the account receiving the trans22 fer, in comparison to a scenario in which 

23 no transfer was made. 

24 ‘‘(3) NOTIFICATIONS.— 


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1 ‘‘(A) STATE-SUPPORTED ACCOUNT.—Not 

2 later than 5 days after the date that Amtrak 

3 notifies the Amtrak Board of Directors of a 

4 planned transfer under paragraph (1) of funds 

5 to or from the State-supported account, Amtrak 

6 shall transmit to each State that sponsors a 

7 State-supported route a letter that includes the 

8 information described under subparagraphs (A) 

9 and (B) of paragraph (2). 

10 ‘‘(B) NORTHEAST CORRIDOR ACCOUNT.— 

11 Not later than 5 days after the date that Am12 trak notifies the Amtrak Board of Directors of 

13 a planned transfer under paragraph (1) of 

14 funds to or from the Northeast Corridor ac15 count, Amtrak shall transmit to the Northeast 

16 Corridor Commission a letter that includes the 

17 information described under subparagraphs (A) 

18 and (B) of paragraph (2). 

19 ‘‘(g) ENFORCEMENT.—The Secretary shall enforce 

20 the provisions of each grant agreement under section 

21 24318(d), including any deposit into an account under 

22 this section. 

23 ‘‘(h) LETTERS OF INTENT.— 

24 ‘‘(1) REQUIREMENT.—The Secretary may issue 

25 a letter of intent to Amtrak announcing an intention 


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1 to obligate, for a major capital project described in 

2 clauses (ii) and (iv) of section 24904(a)(2)(E), an 

3 amount from future available budget authority speci4 fied in law that is not more than the amount stipu5 lated as the financial participation of the Secretary 

6 in the project. 

7 ‘‘(2) NOTICE TO CONGRESS.—At least 30 days 

8 before issuing a letter under paragraph (1), the Sec9 retary shall notify in writing the Committee on Com10 merce, Science, and Transportation and the Com11 mittee on Appropriations of the Senate and the 

12 Committee on Transportation and Infrastructure 

13 and the Committee on Appropriations of the House 

14 of Representatives of the proposed letter. The Sec15 retary shall include with the notice a copy of the 

16 proposed letter, the criteria used for selecting the 

17 project for a grant award, and a description of how 

18 the project meets the criteria under this section. 

19 ‘‘(3) CONTINGENT NATURE OF OBLIGATION OR

20 COMMITMENT.—An obligation or administrative 

21 commitment may be made only when amounts are 

22 appropriated. The letter of intent shall state that the 

23 contingent commitment is not an obligation of the 

24 Federal Government, and is subject to the avail25 ability of appropriations under Federal law and to 


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1 Federal laws in force or enacted after the date of 

2 the contingent commitment.’’. 

3 (b) CONFORMING AMENDMENTS.—The table of con4 tents for chapter 243 is amended by adding at the end 

5 the following: 

‘‘24317. Costs and revenues. 

‘‘24318. Grant process. 

‘‘24319. Accounts.’’. 

6 (c) REPEALS.— 

7 (1) ESTABLISHMENT OF GRANT PROCESS.— 

8 Section 206 of the Passenger Rail Investment and 

9 Improvement Act of 2008 (49 U.S.C. 24101 note) 

10 and the item relating to that section in the table of 

11 contents of that Act are repealed. 

12 (2) AUTHORIZATION OF APPROPRIATIONS.— 

13 Section 24104 and the item relating to that section 

14 in the table of contents of chapter 241 are repealed. 

15 SEC. 5202. 5-YEAR BUSINESS LINE AND ASSETS PLANS. 

16 (a) AMTRAK 5-YEAR BUSINESS LINE AND ASSET

17 PLANS.—Chapter 243, as amended by section 5201 of this 

18 Act, is further amended by inserting after section 24319 

19 the following: 

20 ‘‘§ 24320. Amtrak 5-year business line and asset plans 

21 ‘‘(a) IN GENERAL.— 

22 ‘‘(1) FINAL PLANS.—Not later than February 

23 15 of each year, Amtrak shall submit to Congress 

24 and the Secretary final 5-year business line plans 


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1 and 5-year asset plans prepared in accordance with 

2 this section. These final plans shall form the basis 

3 for Amtrak’s general and legislative annual report to 

4 the President and Congress required by section 

5 24315(b). 

6 ‘‘(2) FISCAL CONSTRAINT.—Each plan prepared 

7 under this section shall be based on funding levels 

8 authorized or otherwise available to Amtrak in a fis9 cal year. In the absence of an authorization or ap10 propriation of funds for a fiscal year, the plans shall 

11 be based on the amount of funding available in the 

12 previous fiscal year, plus inflation. Amtrak may in13 clude an appendix to the asset plan required in sub14 section (c) that describes any capital funding re15 quirements in excess of amounts authorized or oth16 erwise available to Amtrak in a fiscal year for cap17 ital investment. 

18 ‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.— 

19 ‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall 

20 prepare a 5-year business line plan for each of the 

21 following business lines and services: 

22 ‘‘(A) Northeast Corridor train services. 

23 ‘‘(B) State-supported routes operated by 

24 Amtrak. 


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1 ‘‘(C) Long-distance routes operated by 

2 Amtrak. 

3 ‘‘(D) Ancillary services operated by Am4 trak, including commuter operations and other 

5 revenue generating activities as determined by 

6 the Secretary in consultation with Amtrak. 

7 ‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE

8 PLANS.—The 5-year business line plan for each busi9 ness line shall include, at a minimum— 

10 ‘‘(A) a statement of Amtrak’s vision, goals, 

11 and service plan for the business line, coordi12 nated with any entities that are contributing 

13 capital or operating funding to support pas14 senger rail services within those business lines, 

15 and aligned with Amtrak’s Strategic Plan and 

16 5-year asset plans under subsection (c); 

17 ‘‘(B) all projected revenues and expendi18 tures for the business line, including identifica19 tion of revenues and expenditures incurred by— 

20 ‘‘(i) passenger operations; 

21 ‘‘(ii) non-passenger operations that 

22 are directly related to the business line; 

23 and 


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1 ‘‘(iii) governmental funding sources, 

2 including revenues and other funding re3 ceived from States; 

4 ‘‘(C) projected ridership levels for all pas5 senger operations; 

6 ‘‘(D) estimates of long-term and short7 term debt and associated principal and interest 

8 payments (both current and forecasts); 

9 ‘‘(E) annual profit and loss statements and 

10 forecasts and balance sheets; 

11 ‘‘(F) annual cash flow forecasts; 

12 ‘‘(G) a statement describing the meth13 odologies and significant assumptions under14 lying estimates and forecasts; 

15 ‘‘(H) specific performance measures that 

16 demonstrate year over year changes in the re17 sults of Amtrak’s operations; 

18 ‘‘(I) financial performance for each route 

19 within each business line, including descriptions 

20 of the cash operating loss or contribution and 

21 labor productivity for each route; 

22 ‘‘(J) specific costs and savings estimates 

23 resulting from reform initiatives; 

24 ‘‘(K) prior fiscal year and projected equip25 ment reliability statistics; and 


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1 ‘‘(L) an identification and explanation of 

2 any major adjustments made from previously 

3 approved plans. 

4 ‘‘(3) 5-YEAR BUSINESS LINE PLANS PROCESS.— 

5 In meeting the requirements of this section, Amtrak 

6 shall— 

7 ‘‘(A) coordinate the development of the 

8 business line plans with the Secretary; 

9 ‘‘(B) for the Northeast Corridor business 

10 line plan, coordinate with the Northeast Cor11 ridor Commission and transmit to the Commis12 sion the final plan under subsection (a)(1), and 

13 consult with other entities, as appropriate; 

14 ‘‘(C) for the State-supported route busi15 ness line plan, coordinate with the State-Sup16 ported Route Committee established under sec17 tion 24712; 

18 ‘‘(D) for the long-distance route business 

19 line plan, coordinate with any States or Inter20 state Compacts that provide funding for such 

21 routes, as appropriate; 

22 ‘‘(E) ensure that Amtrak’s annual budget 

23 request to Congress is consistent with the infor24 mation in the 5-year business line plans; and 


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1 ‘‘(F) identify the appropriate Amtrak offi2 cials that are responsible for each business line. 

3 ‘‘(4) STANDARDS TO PROMOTE FINANCIAL STA4 BILITY.—In meeting the requirements under this 

5 subsection, Amtrak shall use the categories specified 

6 in the financial accounting and reporting system de7 veloped under section 203 of the Passenger Rail In8 vestment and Improvement Act of 2008 (49 U.S.C. 

9 24101 note) when preparing its 5-year business line 

10 plans. 

11 ‘‘(c) AMTRAK 5-YEAR ASSET PLANS.— 

12 ‘‘(1) ASSET CATEGORIES.—Amtrak shall pre13 pare a 5-year asset plan for each of the following 

14 asset categories: 

15 ‘‘(A) Infrastructure, including all Amtrak16 controlled Northeast Corridor assets and other 

17 Amtrak-owned infrastructure, and the associ18 ated facilities that support the operation, main19 tenance, and improvement of those assets. 

20 ‘‘(B) Passenger rail equipment, including 

21 all Amtrak-controlled rolling stock, locomotives, 

22 and mechanical shop facilities that are used to 

23 overhaul equipment. 

24 ‘‘(C) Stations, including all Amtrak-con25 trolled passenger rail stations and elements of 


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1 other stations for which Amtrak has legal re2 sponsibility or intends to make capital invest3 ments. 

4 ‘‘(D) National assets, including national 

5 reservations, security, training and training 

6 centers, and other assets associated with Am7 trak’s national passenger rail transportation 

8 system. 

9 ‘‘(2) CONTENTS OF 5-YEAR ASSET PLANS.— 

10 Each asset plan shall include, at a minimum— 

11 ‘‘(A) a summary of Amtrak’s 5-year stra12 tegic plan for each asset category, including 

13 goals, objectives, any relevant performance 

14 metrics, and statutory or regulatory actions af15 fecting the assets; 

16 ‘‘(B) an inventory of existing Amtrak cap17 ital assets, to the extent practicable, including 

18 information regarding shared use or ownership, 

19 if applicable; 

20 ‘‘(C) a prioritized list of proposed capital 

21 investments that— 

22 ‘‘(i) categorizes each capital project as 

23 being primarily associated with— 

24 ‘‘(I) normalized capital replace25 ment; 


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1 ‘‘(II) backlog capital replace2 ment; 

3 ‘‘(III) improvements to support 

4 service enhancements or growth; 

5 ‘‘(IV) strategic initiatives that 

6 will improve overall operational per7 formance, lower costs, or otherwise 

8 improve Amtrak’s corporate efficiency; 

9 or 

10 ‘‘(V) statutory, regulatory, or 

11 other legal mandates; 

12 ‘‘(ii) identifies each project or pro13 gram that is associated with more than 1 

14 category described in clause (i); and 

15 ‘‘(iii) describes the anticipated busi16 ness outcome of each project or program 

17 identified under this subparagraph, includ18 ing an assessment of— 

19 ‘‘(I) the potential effect on pas20 senger operations, safety, reliability, 

21 and resilience; 

22 ‘‘(II) the potential effect on Am23 trak’s ability to meet regulatory re24 quirements if the project or program 

25 is not funded; and 


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1 ‘‘(III) the benefits and costs; and 

2 ‘‘(D) annual profit and loss statements 

3 and forecasts and balance sheets for each asset 

4 category. 

5 ‘‘(3) 5-YEAR ASSET PLAN PROCESS.—In meet6 ing the requirements of this subsection, Amtrak 

7 shall— 

8 ‘‘(A) coordinate with each business line de9 scribed in subsection (b)(1) in the preparation 

10 of each 5-year asset plan and ensure integration 

11 of each 5-year asset plan with the 5-year busi12 ness line plans; 

13 ‘‘(B) as applicable, coordinate with the 

14 Northeast Corridor Commission, the State-Sup15 ported Route Committee, and owners of assets 

16 affected by 5-year asset plans; and 

17 ‘‘(C) identify the appropriate Amtrak offi18 cials that are responsible for each asset cat19 egory. 

20 ‘‘(4) EVALUATION OF NATIONAL ASSETS

21 COSTS.—The Secretary shall— 

22 ‘‘(A) evaluate the costs and scope of all na23 tional assets; and 

24 ‘‘(B) determine the activities and costs 

25 that are— 


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1 ‘‘(i) required in order to ensure the ef2 ficient operations of a national passenger 

3 rail system; 

4 ‘‘(ii) appropriate for allocation to 1 of 

5 the other Amtrak business lines; and 

6 ‘‘(iii) extraneous to providing an effi7 cient national passenger rail system or are 

8 too costly relative to the benefits or per9 formance outcomes they provide. 

10 ‘‘(5) DEFINITION OF NATIONAL ASSETS.—In 

11 this section, the term ‘national assets’ means the 

12 Nation’s core rail assets shared among Amtrak serv13 ices, including national reservations, security, train14 ing and training centers, and other assets associated 

15 with Amtrak’s national passenger rail transportation 

16 system. 

17 ‘‘(6) RESTRUCTURING OF NATIONAL ASSETS.— 

18 Not later than 1 year after the date of completion 

19 of the evaluation under section 24320(c)(4), the Ad20 ministrator of the Federal Railroad Administration, 

21 in consultation with the Amtrak Board of Directors, 

22 the governors of each relevant State, and the Mayor 

23 of the District of Columbia, or their designees, shall 

24 restructure or reallocate, or both, the national assets 

25 costs in accordance with the determination under 


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1 that section, including making appropriate updates 

2 to Amtrak’s cost accounting methodology and sys3 tem.’’. 

4 (b) EFFECTIVE DATE.—The requirements for Am5 trak to submit final 5-year business line plans and 5-year 

6 asset plans under section 24320 of title 49, United States 

7 Code, shall take effect 1 year after the date of enactment 

8 of this Act. 

9 (c) CONFORMING AMENDMENTS.—The table of con10 tents for chapter 243, as amended by section 5201 of this 

11 Act, is further amended by adding at the end the fol12 lowing: 

‘‘24320. Amtrak 5-year business line and asset plans.’’. 

13 (d) REPEAL OF 5-YEAR FINANCIAL PLAN.—Section 

14 204 of the Passenger Rail Investment and Improvement 

15 Act of 2008 (49 U.S.C. 24101 note), and the item relating 

16 to that section in the table of contents of that Act, are 

17 repealed. 

18 (e) IDENTIFICATION OF DUPLICATIVE REPORTING

19 REQUIREMENTS.—Not later than 1 year after the date of 

20 enactment of this Act, the Secretary shall— 

21 (1) review existing Amtrak reporting require22 ments and identify where the existing requirements 

23 are duplicative with the business line and capital 

24 plans required by section 24320 of title 49, United 

25 States Code; 


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1 (2) if the duplicative reporting requirements are 

2 administrative, the Secretary shall eliminate the du3 plicative requirements; and 

4 (3) submit to Congress a report with any rec5 ommendations for repealing any other duplicative 

6 Amtrak reporting requirements. 

7 SEC. 5203. STATE-SUPPORTED ROUTE COMMITTEE. 

8 (a) AMENDMENT.—Chapter 247 is amended by add9 ing at the end the following: 

10 ‘‘§ 24712. State-supported routes operated by Amtrak 

11 ‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 

12 ‘‘(1) ESTABLISHMENT.—Not later than 180 

13 days after the date of enactment of the Comprehen14 sive Transportation and Consumer Protection Act of 

15 2015, the Secretary of Transportation shall establish 

16 the State-Supported Route Committee (referred to 

17 in this section as the ‘Committee’) to promote mu18 tual cooperation and planning pertaining to the rail 

19 operations of Amtrak and related activities of trains 

20 operated by Amtrak on State-supported routes and 

21 to further implement section 209 of the Passenger 

22 Rail Investment and Improvement Act of 2008 (49 

23 U.S.C. 24101 note). 

24 ‘‘(2) MEMBERSHIP.— 


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1 ‘‘(A) IN GENERAL.—The Committee shall 

2 consist of— 

3 ‘‘(i) members representing Amtrak; 

4 ‘‘(ii) members representing the De5 partment of Transportation, including the 

6 Federal Railroad Administration; and 

7 ‘‘(iii) members representing States, 

8 including other public entities that sponsor 

9 the operation of trains by Amtrak on a 

10 State-supported route, designated by, and 

11 serving at the pleasure of, the chief execu12 tive officer thereof. 

13 ‘‘(B) NON-VOTING MEMBERS.—The Com14 mittee may invite and accept other non-voting 

15 members to participate in Committee activities, 

16 as appropriate. 

17 ‘‘(3) DECISIONMAKING.—The Committee shall 

18 establish a bloc voting system under which, at a 

19 minimum— 

20 ‘‘(A) there are 3 separate voting blocs to 

21 represent the Committee’s voting members, in22 cluding— 

23 ‘‘(i) 1 voting bloc to represent the 

24 members described in paragraph (2)(A)(i); 


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1 ‘‘(ii) 1 voting bloc to represent the 

2 members described in paragraph (2)(A)(ii); 

3 and 

4 ‘‘(iii) 1 voting bloc to represent the 

5 members described in paragraph 

6 (2)(A)(iii); 

7 ‘‘(B) each voting bloc has 1 vote; 

8 ‘‘(C) the vote of the voting bloc rep9 resenting the members described in paragraph 

10 (2)(A)(iii) requires the support of at least two11 thirds of that voting bloc’s members; and 

12 ‘‘(D) the Committee makes decisions by 

13 unanimous consent of the 3 voting blocs. 

14 ‘‘(4) MEETINGS; RULES AND PROCEDURES.— 

15 The Committee shall convene a meeting and shall 

16 define and implement the rules and procedures gov17 erning the Committee’s proceedings not later than 

18 180 days after the date of establishment of the Com19 mittee by the Secretary. The rules and procedures 

20 shall— 

21 ‘‘(A) incorporate and further describe the 

22 decisionmaking procedures to be used in accord23 ance with paragraph (3); and 

24 ‘‘(B) be adopted in accordance with such 

25 decisionmaking procedures. 


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1 ‘‘(5) COMMITTEE DECISIONS.—Decisions made 

2 by the Committee in accordance with the Commit3 tee’s rules and procedures, once established, are 

4 binding on all Committee members. 

5 ‘‘(6) COST ALLOCATION METHODOLOGY.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), the Committee may amend the cost 

8 allocation methodology required and previously 

9 approved under section 209 of the Passenger 

10 Rail Investment and Improvement Act of 2008 

11 (49 U.S.C. 24101 note). 

12 ‘‘(B) PROCEDURES FOR CHANGING METH13 ODOLOGY.—The rules and procedures imple14 mented under paragraph (4) shall include pro15 cedures for changing the cost allocation meth16 odology. 

17 ‘‘(C) REQUIREMENTS.—The cost allocation 

18 methodology shall— 

19 ‘‘(i) ensure equal treatment in the 

20 provision of like services of all States and 

21 groups of States; and 

22 ‘‘(ii) allocate to each route the costs 

23 incurred only for the benefit of that route 

24 and a proportionate share, based upon fac25 tors that reasonably reflect relative use, of 


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1 costs incurred for the common benefit of 

2 more than 1 route. 

3 ‘‘(b) INVOICES AND REPORTS.—Not later than Feb4 ruary 15, 2016, and monthly thereafter, Amtrak shall pro5 vide to each State that sponsors a State-supported route 

6 a monthly invoice of the cost of operating such route, in7 cluding fixed costs and third-party costs. The Committee 

8 shall determine the frequency and contents of the financial 

9 and performance reports that Amtrak shall provide to the 

10 States, as well as the planning and demand reports that 

11 the States shall provide to Amtrak. 

12 ‘‘(c) DISPUTE RESOLUTION.— 

13 ‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If 

14 a dispute arises with respect to the rules and proce15 dures implemented under subsection (a)(4), an in16 voice or a report provided under subsection (b), im17 plementation or compliance with the cost allocation 

18 methodology developed under section 209 of the Pas19 senger Rail Investment and Improvement Act of 

20 2008 (49 U.S.C. 24101 note) or amended under 

21 subsection (a)(6) of this section, either Amtrak or 

22 the State may request that the Surface Transpor23 tation Board conduct dispute resolution under this 

24 subsection. 


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1 ‘‘(2) PROCEDURES.—The Surface Transpor2 tation Board shall establish procedures for resolu3 tion of disputes brought before it under this sub4 section, which may include provision of professional 

5 mediation services. 

6 ‘‘(3) BINDING EFFECT.—A decision of the Sur7 face Transportation Board under this subsection 

8 shall be binding on the parties to the dispute. 

9 ‘‘(4) OBLIGATION.—Nothing in this subsection 

10 shall affect the obligation of a State to pay an 

11 amount not in dispute. 

12 ‘‘(d) ASSISTANCE.— 

13 ‘‘(1) IN GENERAL.—The Secretary may provide 

14 assistance to the parties in the course of negotia15 tions for a contract for operation of a State-sup16 ported route. 

17 ‘‘(2) FINANCIAL ASSISTANCE.—From among 

18 available funds, the Secretary shall— 

19 ‘‘(A) provide financial assistance to Am20 trak or 1 or more States to perform requested 

21 independent technical analysis of issues before 

22 the Committee; and 

23 ‘‘(B) reimburse Members for travel ex24 penses, including per diem in lieu of subsist25 ence, in accordance with section 5703 of title 5. 


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1 ‘‘(e) PERFORMANCE METRICS.—In negotiating a con2 tract for operation of a State-supported route, Amtrak 

3 and the State or States that sponsor the route shall con4 sider including provisions that provide penalties and incen5 tives for performance. 

6 ‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 

7 ‘‘(1) IN GENERAL.—The Committee shall de8 velop a statement of goals, objectives, and associated 

9 recommendations concerning the future of State10 supported routes operated by Amtrak. The state11 ment shall identify the roles and responsibilities of 

12 Committee members and any other relevant entities, 

13 such as host railroads, in meeting the identified 

14 goals and objectives, or carrying out the rec15 ommendations. The Committee may consult with 

16 such relevant entities, as the Committee considers 

17 appropriate, when developing the statement. 

18 ‘‘(2) TRANSMISSION OF STATEMENT OF GOALS

19 AND OBJECTIVES.—Not later than 2 years after the 

20 date of enactment of the Comprehensive Transpor21 tation and Consumer Protection Act of 2015 the 

22 Committee shall transmit the statement developed 

23 under paragraph (1) to the Committee on Com24 merce, Science, and Transportation of the Senate 


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1 and the Committee on Transportation and Infra2 structure of the House of Representatives. 

3 ‘‘(g) RULE OF CONSTRUCTION.—The decisions of the 

4 Committee— 

5 ‘‘(1) shall pertain to the rail operations of Am6 trak and related activities of trains operated by Am7 trak on State-sponsored routes; and 

8 ‘‘(2) shall not pertain to the rail operations or 

9 related activities of services operated by other rail 

10 passenger carriers on State-supported routes. 

11 ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—The 

12 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

13 apply to the Committee. 

14 ‘‘(i) DEFINITION OF STATE.—In this section, the 

15 term ‘State’ means each of the 50 States, the District of 

16 Columbia, and a public entity that sponsors the operation 

17 of trains by Amtrak on a State-supported route.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 The table of contents for chapter 247 is amended by add20 ing at the end the following: 

‘‘24712. State-supported routes operated by Amtrak.’’. 

21 SEC. 5204. ROUTE AND SERVICE PLANNING DECISIONS. 

22 Section 208 of the Passenger Rail Investment and 

23 Improvement Act of 2008 (49 U.S.C. 24101 note) is 

24 amended to read as follows: 


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1 ‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND 

2 SERVICE PLANNING DECISIONS. 

3 ‘‘(a) METHODOLOGY DEVELOPMENT.—Not later 

4 than 180 days after the date of enactment of the Com5 prehensive Transportation and Consumer Protection Act 

6 of 2015, as a condition of receiving a grant under section 

7 101 of that Act, Amtrak shall obtain the services of an 

8 independent entity to develop and recommend objective 

9 methodologies for Amtrak to use in determining what 

10 intercity rail passenger transportation routes and services 

11 it should provide, including the establishment of new 

12 routes, the elimination of existing routes, and the contrac13 tion or expansion of services or frequencies over such 

14 routes. 

15 ‘‘(b) CONSIDERATIONS.—Amtrak shall require the 

16 independent entity, in developing the methodologies de17 scribed in subsection (a), to consider— 

18 ‘‘(1) the current and expected performance and 

19 service quality of intercity rail passenger transpor20 tation operations, including cost recovery, on-time 

21 performance, ridership, on-board services, stations, 

22 facilities, equipment, and other services; 

23 ‘‘(2) the connectivity of a route with other 

24 routes; 

25 ‘‘(3) the transportation needs of communities 

26 and populations that are not well served by intercity 


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1 rail passenger transportation service or by other 

2 forms of intercity transportation; 

3 ‘‘(4) the methodologies of Amtrak and major 

4 intercity rail passenger transportation service pro5 viders in other countries for determining intercity 

6 passenger rail routes and services; 

7 ‘‘(5) the financial and operational effects on the 

8 overall network, including the effects on indirect 

9 costs; 

10 ‘‘(6) the views of States and the recommenda11 tions described in State rail plans, rail carriers that 

12 own infrastructure over which Amtrak operates, 

13 Interstate Compacts established by Congress and 

14 States, Amtrak employee representatives, stake15 holder organizations, and other interested parties; 

16 and 

17 ‘‘(7) the funding levels that will be available 

18 under authorization levels that have been enacted 

19 into law. 

20 ‘‘(c) RECOMMENDATIONS.—Not later than 1 year 

21 after the date of enactment of the Comprehensive Trans22 portation and Consumer Protection Act of 2015, Amtrak 

23 shall transmit to the Committee on Commerce, Science, 

24 and Transportation of the Senate and the Committee on 

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1 resentatives recommendations developed by the inde2 pendent entity under subsection (a). 

3 ‘‘(d) CONSIDERATION OF RECOMMENDATIONS.—Not 

4 later than 90 days after the date the recommendations are 

5 transmitted under subsection (c), Amtrak shall consider 

6 the adoption of each recommendation and transmit to the 

7 Committee on Commerce, Science, and Transportation of 

8 the Senate and the Committee on Transportation and In9 frastructure of the House of Representatives a report ex10 plaining the reasons for adopting or not adopting each rec11 ommendation.’’. 

12 SEC. 5205. COMPETITION. 

13 (a) ALTERNATE PASSENGER RAIL SERVICE PILOT

14 PROGRAM.—Section 24711 is amended to read as follows: 

15 ‘‘§ 24711. Alternate passenger rail service pilot pro16 gram 

17 ‘‘(a) IN GENERAL.—Not later than 18 months after 

18 the date of enactment of the Comprehensive Transpor19 tation and Consumer Protection Act of 2015, the Sec20 retary of Transportation shall promulgate a rule to imple21 ment a pilot program for competitive selection of rail car22 riers for long-distance routes (as defined in section 

23 24102). 

24 ‘‘(b) PILOT PROGRAM REQUIREMENTS.— 

25 ‘‘(1) IN GENERAL.—The pilot program shall— 


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1 ‘‘(A) allow a party described in paragraph 

2 (2) to petition the Secretary to provide intercity 

3 rail passenger transportation over a long-dis4 tance route in lieu of Amtrak for an operations 

5 period of 4 years from the date of commence6 ment of service by the winning bidder and, at 

7 the option of the Secretary, consistent with the 

8 rule promulgated under subsection (a), allow 

9 the contract to be renewed for an additional op10 erations period of 4 years, but not to exceed a 

11 total of 3 operations periods; 

12 ‘‘(B) require the Secretary to— 

13 ‘‘(i) notify the petitioner and Amtrak 

14 of receipt of the petition under subpara15 graph (A) and to publish in the Federal 

16 Register a notice of receipt not later than 

17 30 days after the date of receipt; and 

18 ‘‘(ii) establish a deadline, of not more 

19 than 120 days after the notice of receipt is 

20 published in the Federal Register under 

21 clause (i), by which both the petitioner and 

22 Amtrak, if Amtrak chooses to do so, would 

23 be required to submit a complete bid to 

24 provide intercity rail passenger transpor25 tation over the applicable route; 


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1 ‘‘(C) require that each bid— 

2 ‘‘(i) describe the capital needs, finan3 cial projections, and operational plans, in4 cluding staffing plans, for the service, and 

5 such other factors as the Secretary con6 siders appropriate; and 

7 ‘‘(ii) be made available by the winning 

8 bidder to the public after the bid award; 

9 ‘‘(D) for a route that receives funding 

10 from a State or States, require that for each 

11 bid received from a party described in para12 graph (2), other than a State, the Secretary 

13 have the concurrence of the State or States that 

14 provide funding for that route; 

15 ‘‘(E) for a winning bidder that is not or 

16 does not include Amtrak, require the Secretary 

17 to execute a contract not later than 270 days 

18 after the deadline established under subpara19 graph (B)(ii) and award to the winning bid20 der— 

21 ‘‘(i) subject to paragraphs (3) and 

22 (4), the right and obligation to provide 

23 intercity rail passenger transportation over 

24 that route subject to such performance 


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1 standards as the Secretary may require; 

2 and 

3 ‘‘(ii) an operating subsidy, as deter4 mined by the Secretary, for— 

5 ‘‘(I) the first year at a level that 

6 does not exceed 90 percent of the level 

7 in effect for that specific route during 

8 the fiscal year preceding the fiscal 

9 year in which the petition was re10 ceived, adjusted for inflation; and 

11 ‘‘(II) any subsequent years at the 

12 level calculated under subclause (I), 

13 adjusted for inflation; and 

14 ‘‘(F) for a winning bidder that is or in15 cludes Amtrak, award to that bidder an oper16 ating subsidy, as determined by the Secretary, 

17 over the applicable route that will not change 

18 during the fiscal year in which the bid was sub19 mitted solely as a result of the winning bid. 

20 ‘‘(2) ELIGIBLE PETITIONERS.—The following 

21 parties are eligible to submit petitions under para22 graph (1): 

23 ‘‘(A) A rail carrier or rail carriers that own 

24 the infrastructure over which Amtrak operates 

25 a long-distance route. 


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1 ‘‘(B) A rail passenger carrier with a writ2 ten agreement with the rail carrier or rail car3 riers that own the infrastructure over which 

4 Amtrak operates a long-distance route and that 

5 host or would host the intercity rail passenger 

6 transportation. 

7 ‘‘(C) A State, group of States, or State8 supported joint powers authority or other sub9 State governance entity responsible for provi10 sion of intercity rail passenger transportation 

11 with a written agreement with the rail carrier 

12 or rail carriers that own the infrastructure over 

13 which Amtrak operates a long-distance route 

14 and that host or would host the intercity rail 

15 passenger transportation. 

16 ‘‘(D) A State, group of States, or State17 supported joint powers authority or other sub18 State governance entity responsible for provi19 sion of intercity rail passenger transportation 

20 and a rail passenger carrier with a written 

21 agreement with the rail carrier or rail carriers 

22 that own the infrastructure over which Amtrak 

23 operates a long-distance route and that host or 

24 would host the intercity rail passenger transpor25 tation. 


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1 ‘‘(3) PERFORMANCE STANDARDS.—If the win2 ning bidder under paragraph (1)(E)(i) is not or does 

3 not include Amtrak, the performance standards shall 

4 be consistent with the performance required of or 

5 achieved by Amtrak on the applicable route during 

6 the last fiscal year. 

7 ‘‘(4) AGREEMENT GOVERNING ACCESS

8 ISSUES.—Unless the winning bidder already has ap9 plicable access agreements in place or includes a rail 

10 carrier that owns the infrastructure used in the op11 eration of the route, the winning bidder under para12 graph (1)(E)(i) shall enter into a written agreement 

13 governing access issues between the winning bidder 

14 and the rail carrier or rail carriers that own the in15 frastructure over which the winning bidder would 

16 operate and that host or would host the intercity rail 

17 passenger transportation. 

18 ‘‘(c) ACCESS TO FACILITIES; EMPLOYEES.—If the 

19 Secretary awards the right and obligation to provide rail 

20 passenger transportation over a route under this section 

21 to an entity in lieu of Amtrak— 

22 ‘‘(1) the Secretary shall require Amtrak to pro23 vide access to the Amtrak-owned reservation system, 

24 stations, and facilities directly related to operations 

25 of the awarded routes to the rail passenger carrier 


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1 awarded a contract under this section, in accordance 

2 with subsection (g), as necessary to carry out the 

3 purposes of this section; 

4 ‘‘(2) an employee of any person, except for a 

5 freight railroad or a person employed or contracted 

6 by a freight railroad, used by such rail passenger 

7 carrier in the operation of a route under this section 

8 shall be considered an employee of that rail pas9 senger carrier and subject to the applicable Federal 

10 laws and regulations governing similar crafts or 

11 classes of employees of Amtrak; and 

12 ‘‘(3) the winning bidder shall provide hiring 

13 preference to qualified Amtrak employees displaced 

14 by the award of the bid, consistent with the staffing 

15 plan submitted by the bidder, and shall be subject 

16 to the grant conditions under section 24405. 

17 ‘‘(d) CESSATION OF SERVICE.—If a rail passenger 

18 carrier awarded a route under this section ceases to oper19 ate the service or fails to fulfill an obligation under the 

20 contract required under subsection (b)(1)(E), the Sec21 retary shall take any necessary action consistent with this 

22 title to enforce the contract and ensure the continued pro23 vision of service, including— 

24 ‘‘(1) the installment of an interim rail pas25 senger carrier; 


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1 ‘‘(2) providing to the interim rail passenger car2 rier under paragraph (1) an operating subsidy nec3 essary to provide service; and 

4 ‘‘(3) rebidding the contract to operate the rail 

5 passenger transportation. 

6 ‘‘(e) BUDGET AUTHORITY.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall provide 

8 to a winning bidder that is not or does not include 

9 Amtrak and that is selected under this section any 

10 appropriations withheld under section 5101(c) of the 

11 Comprehensive Transportation and Consumer Pro12 tection Act of 2015, or any subsequent appropria13 tion for the same purpose, necessary to cover the op14 erating subsidy described in subsection (b)(1)(E)(ii). 

15 ‘‘(2) AMTRAK.—If the Secretary selects a win16 ning bidder that is not or does not include Amtrak, 

17 the Secretary may provide to Amtrak an appropriate 

18 portion of the appropriations under section 5101(a) 

19 of the Comprehensive Transportation and Consumer 

20 Protection Act of 2015, or any subsequent appro21 priation for the same purpose, to cover any cost di22 rectly attributable to the termination of Amtrak 

23 service on the route and any indirect costs to Am24 trak imposed on other Amtrak routes as a result of 

25 losing service on the route operated by the winning 


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1 bidder. Any amount provided by the Secretary to 

2 Amtrak under this paragraph shall not be deducted 

3 from or have any effect on the operating subsidy de4 scribed in subsection (b)(1)(E)(ii). 

5 ‘‘(f) DEADLINE.—If the Secretary does not promul6 gate the final rule and implement the program before the 

7 deadline under subsection (a), the Secretary shall submit 

8 to the Committee on Commerce, Science, and Transpor9 tation of the Senate and the Committee on Transportation 

10 and Infrastructure of the House of Representatives a let11 ter, signed by the Secretary and Administrator of the Fed12 eral Railroad Administration, each month until the rule 

13 is complete, including— 

14 ‘‘(1) the reasons why the rule has not been 

15 issued; 

16 ‘‘(2) an updated staffing plan for completing 

17 the rule as soon as feasible; 

18 ‘‘(3) the contact information of the official that 

19 will be overseeing the execution of the staffing plan; 

20 and 

21 ‘‘(4) the estimated date of completion of the 

22 rule. 

23 ‘‘(g) DISPUTES.—If Amtrak and the rail passenger 

24 carrier awarded a route under this section cannot agree 

25 upon terms to carry out subsection (c)(1), and the Surface 


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1 Transportation Board finds that access to Amtrak’s facili2 ties or equipment, or the provision of services by Amtrak, 

3 is necessary under subsection (c)(1) and that the oper4 ation of Amtrak’s other services will not be impaired 

5 thereby, the Surface Transportation Board shall issue an 

6 order that the facilities and equipment be made available, 

7 and that services be provided, by Amtrak, and shall deter8 mine reasonable compensation, liability, and other terms 

9 for use of the facilities and equipment and provision of 

10 the services. 

11 ‘‘(h) LIMITATION.—Not more than 3 long-distance 

12 routes may be selected under this section for operation by 

13 a winning bidder that is not or does not include Amtrak. 

14 ‘‘(i) PRESERVATION OF RIGHT TO COMPETITION ON

15 STATE-SUPPORTED ROUTES.—Nothing in this section 

16 shall be construed as prohibiting a State from introducing 

17 competition for intercity rail passenger transportation or 

18 services on its State-supported route or routes.’’. 

19 (b) REPORT.—Not later than 4 years after the date 

20 of implementation of the pilot program under section 

21 24711 of title 49, United States Code, and quadrennially 

22 thereafter until the pilot program is discontinued, the Sec23 retary shall submit to the Committee on Commerce, 

24 Science, and Transportation of the Senate and the Com25 mittee on Transportation and Infrastructure of the House 


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1 of Representatives a report on the results on the pilot pro2 gram to date and any recommendations for further action. 

3 SEC. 5206. ROLLING STOCK PURCHASES. 

4 (a) IN GENERAL.—Prior to entering into any con5 tract in excess of $100,000,000 for rolling stock and loco6 motive procurements Amtrak shall submit a business case 

7 analysis to the Secretary, the Committee on Commerce, 

8 Science, and Transportation and the Committee on Appro9 priations of the Senate and the Committee on Transpor10 tation and Infrastructure and the Committee on Appro11 priations of the House of Representatives, on the utility 

12 of such procurements. 

13 (b) CONTENTS.—The business case analysis shall— 

14 (1) include a cost and benefit comparison that 

15 describes the total lifecycle costs and the anticipated 

16 benefits related to revenue, operational efficiency, re17 liability, and other factors; 

18 (2) set forth the total payments by fiscal year; 

19 (3) identify the specific source and amounts of 

20 funding for each payment, including Federal funds, 

21 State funds, Amtrak profits, Federal, State, or pri22 vate loans or loan guarantees, and other funding; 

23 (4) include an explanation of whether any pay24 ment under the contract will increase Amtrak’s 

25 grant request, as required under section 24318 of 


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1 title 49, United States Code, in that particular fiscal 

2 year; and 

3 (5) describe how Amtrak will adjust the pro4 curement if future funding is not available. 

5 (c) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed as requiring Amtrak to disclose 

7 confidential information regarding a potential vendor’s 

8 proposed pricing or other sensitive business information 

9 prior to contract execution. 

10 SEC. 5207. FOOD AND BEVERAGE POLICY. 

11 (a) IN GENERAL.—Chapter 243, as amended in sec12 tion 5202 of this Act, is further amended by adding after 

13 section 24320 the following: 

14 ‘‘§ 24321. Food and beverage reform 

15 ‘‘(a) PLAN.—Not later than 90 days after the date 

16 of enactment of the Comprehensive Transportation and 

17 Consumer Protection Act of 2015, Amtrak shall develop 

18 and begin implementing a plan to eliminate, not later than 

19 4 years after the date of enactment of that Act, the oper20 ating loss associated with providing food and beverage 

21 service on board Amtrak trains. 

22 ‘‘(b) CONSIDERATIONS.—In developing and imple23 menting the plan under subsection (a), Amtrak shall con24 sider a combination of cost management and revenue gen25 eration initiatives, including— 


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1 ‘‘(1) scheduling optimization; 

2 ‘‘(2) onboard logistics; 

3 ‘‘(3) product development and supply chain effi4 ciency; 

5 ‘‘(4) training, awards, and accountability; 

6 ‘‘(5) technology enhancements and process im7 provements; and 

8 ‘‘(6) ticket revenue allocation. 

9 ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 

10 Amtrak employee holding a position as of the date of en11 actment of the Comprehensive Transportation and Con12 sumer Protection Act of 2015 is involuntarily separated 

13 because of— 

14 ‘‘(1) the development and implementation of the 

15 plan required under subsection (a); or 

16 ‘‘(2) any other action taken by Amtrak to im17 plement this section. 

18 ‘‘(d) NO FEDERAL FUNDING FOR OPERATING

19 LOSSES.—Beginning on the date that is 4 years after the 

20 date of enactment of the Comprehensive Transportation 

21 and Consumer Protection Act of 2015, no Federal funds 

22 may be used to cover any operating loss associated with 

23 providing food and beverage service on a route operated 

24 by Amtrak or an alternative passenger rail service provider 


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1 that operates a route in lieu of Amtrak under section 

2 24711. 

3 ‘‘(e) REPORT.—Not later than 120 days after the 

4 date of enactment of the Comprehensive Transportation 

5 and Consumer Protection Act of 2015, and annually 

6 thereafter for a period of 4 years, Amtrak shall transmit 

7 to the Committee on Commerce, Science, and Transpor8 tation of the Senate and the Committee on Transportation 

9 and Infrastructure of the House of Representatives a re10 port on the plan developed under subsection (a) and a de11 scription of progress in the implementation of the plan.’’. 

12 (b) CONFORMING AMENDMENT.—The table of con13 tents for chapter 243, as amended in section 5202 of this 

14 Act, is amended by adding at the end the following: 

‘‘24321. Food and beverage reform.’’. 

15 SEC. 5208. LOCAL PRODUCTS AND PROMOTIONAL EVENTS. 

16 (a) IN GENERAL.—Not later than 6 months after the 

17 date of enactment of this Act, Amtrak shall establish a 

18 pilot program for a State or States that sponsor a State19 supported route operated by Amtrak to facilitate— 

20 (1) onboard purchase and sale of local food and 

21 beverage products; and 

22 (2) partnerships with local entities to hold pro23 motional events on trains or in stations. 

24 (b) PROGRAM DESIGN.—The pilot program under 

25 paragraph (1) shall allow a State or States— 


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1 (1) to nominate and select a local food and bev2 erage products supplier or suppliers or local pro3 motional event partner; 

4 (2) to charge a reasonable price or fee for local 

5 food and beverage products or promotional events 

6 and related activities to help defray the costs of pro7 gram administration and State-supported routes; 

8 and 

9 (3) a mechanism to ensure that State products 

10 can effectively be handled and integrated into exist11 ing food and beverage services, including compliance 

12 with all applicable regulations and standards gov13 erning such services. 

14 (c) PROGRAM ADMINISTRATION.—The pilot program 

15 shall— 

16 (1) for local food and beverage products, ensure 

17 the products are integrated into existing food and 

18 beverage services, including compliance with all ap19 plicable regulations and standards; 

20 (2) for promotional events, ensure the events 

21 are held in compliance with all applicable regulations 

22 and standards, including terms to address insurance 

23 requirements; and 

24 (3) require an annual report that documents 

25 revenues and costs and indicates whether the prodVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 ucts or events resulted in a reduction in the financial 

2 contribution of a State or States to the applicable 

3 State-supported route. 

4 (d) REPORT.—Not later than 4 years after the date 

5 of establishment of the pilot programs under this section, 

6 Amtrak shall report to the Committee on Commerce, 

7 Science, and Transportation of the Senate and the Com8 mittee on Transportation and Infrastructure of the House 

9 of Representatives on which States have participated in 

10 the pilot programs under this section. The report shall 

11 summarize the financial and operational outcomes of the 

12 pilot programs. 

13 (e) RULE OF CONSTRUCTION.—Nothing in this sub14 section shall be construed as limiting Amtrak’s ability to 

15 operate special trains in accordance with section 216 of 

16 the Passenger Rail Investment and Improvement Act of 

17 2008 (49 U.S.C. 24308 note). 

18 SEC. 5209. RIGHT-OF-WAY LEVERAGING. 

19 (a) REQUEST FOR PROPOSALS.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of this Act, Amtrak shall 

22 issue a Request for Proposals seeking qualified per23 sons or entities to utilize right-of-way and real estate 

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1 tems, and other activities considered appropriate by 

2 Amtrak. 

3 (2) CONTENTS.—The Request for Proposals 

4 shall provide sufficient information on the right-of5 way and real estate assets to enable respondents to 

6 propose an arrangement that will monetize or gen7 erate additional revenue from such assets through 

8 revenue sharing or leasing agreements with Amtrak, 

9 to the extent possible. 

10 (b) CONSIDERATION OF PROPOSALS.—Not later than 

11 180 days following the deadline for the receipt of pro12 posals under subsection (a), Amtrak shall review and con13 sider each qualified proposal. Amtrak may enter into such 

14 agreements as are necessary to implement any qualified 

15 proposal. 

16 (c) REPORT.—Not later than 270 days following the 

17 deadline for the receipt of proposals under subsection (a), 

18 Amtrak shall transmit to the Committee on Commerce, 

19 Science, and Transportation of the Senate and the Com20 mittee on Transportation and Infrastructure of the House 

21 of Representatives a report on the Request for Proposals 

22 required by this section, including summary information 

23 of any proposals submitted to Amtrak and any proposals 

24 accepted by Amtrak. 


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1 (d) SAVINGS CLAUSE.—Nothing in this section shall 

2 be construed to limit Amtrak’s ability to utilize right-of3 way or real estate assets that it currently owns, controls, 

4 or manages or constrain Amtrak’s ability to enter into 

5 agreements with other parties to utilize such assets. 

6 SEC. 5210. STATION DEVELOPMENT. 

7 (a) REPORT ON DEVELOPMENT OPTIONS.—Not later 

8 than 1 year after the date of the enactment of this Act, 

9 Amtrak shall submit a report to the Committee on Com10 merce, Science, and Transportation of the Senate and the 

11 Committee on Transportation and Infrastructure of the 

12 House of Representatives that describes— 

13 (1) options to enhance economic development 

14 and accessibility of and around Amtrak stations and 

15 terminals, for the purposes of— 

16 (A) improving station condition, 

17 functionality, capacity, and customer amenities; 

18 (B) generating additional investment cap19 ital and development-related revenue streams; 

20 (C) increasing ridership and revenue; 

21 (D) complying with the applicable sections 

22 of the Americans with Disabilities Act of 1990 

23 (42 U.S.C. 12101 et seq.) and the Rehabilita24 tion Act of 1973 (29 U.S.C. 701 et seq.); and 


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1 (E) strengthening multimodal connections, 

2 including transit, intercity buses, roll-on and 

3 roll-off bicycles, and airports, as appropriate; 

4 and 

5 (2) options for additional Amtrak stops that 

6 would have a positive incremental financial impact to 

7 Amtrak, based on Amtrak feasibility studies that 

8 demonstrate a financial benefit to Amtrak by gener9 ating additional revenue that exceeds any incre10 mental costs. 

11 (b) REQUEST FOR INFORMATION.—Not later than 90 

12 days after the date the report is transmitted under sub13 section (a), Amtrak shall issue a Request of Information 

14 for 1 or more owners of stations served by Amtrak to for15 mally express an interest in completing the requirements 

16 of this section. 

17 (c) PROPOSALS.— 

18 (1) REQUEST FOR PROPOSALS.—Not later than 

19 180 days after the date the Request for Information 

20 is issued under subsection (a), Amtrak shall issue a 

21 Request for Proposals from qualified persons, in22 cluding small business concerns owned and con23 trolled by socially and economically disadvantaged 

24 individuals and veteran-owned small businesses, to 

25 lead, participate, or partner with Amtrak, a station 


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1 owner that responded under subsection (b), and 

2 other entities in enhancing development in and 

3 around such stations and terminals using applicable 

4 options identified under subsection (a) at facilities 

5 selected by Amtrak. 

6 (2) CONSIDERATION OF PROPOSALS.—Not later 

7 than 1 year after the date the Request for Proposals 

8 are issued under paragraph (1), Amtrak shall review 

9 and consider qualified proposals submitted under 

10 paragraph (1). Amtrak or a station owner that re11 sponded under subsection (b) may enter into such 

12 agreements as are necessary to implement any quali13 fied proposal. 

14 (d) REPORT.—Not later than 3 years after the date 

15 of enactment of this Act, Amtrak shall transmit to the 

16 Committee on Commerce, Science, and Transportation of 

17 the Senate and the Committee on Transportation and In18 frastructure of the House of Representatives a report on 

19 the Request for Proposals process required under this sec20 tion, including summary information of any qualified pro21 posals submitted to Amtrak and any proposals acted upon 

22 by Amtrak or a station owner that responded under sub23 section (b). 

24 (e) DEFINITIONS.—In this section, the terms ‘‘small 

25 business concern’’, ‘‘socially and economically disadvanVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 taged individual’’, and ‘‘veteran-owned small business’’ 

2 have the meanings given the terms in section 304(c) of 

3 this Act. 

4 (f) SAVINGS CLAUSE.—Nothing in this section shall 

5 be construed to limit Amtrak’s ability to develop its sta6 tions, terminals, or other assets, to constrain Amtrak’s 

7 ability to enter into and carry out agreements with other 

8 parties to enhance development at or around Amtrak sta9 tions or terminals, or to affect any station development 

10 initiatives ongoing as of the date of enactment of this Act. 

11 SEC. 5211. AMTRAK DEBT. 

12 Section 205 of the Passenger Rail Investment and 

13 Improvement Act of 2008 (49 U.S.C. 24101 note) is 

14 amended— 

15 (1) by striking ‘‘as of the date of enactment of 

16 this Act’’ each place it appears; 

17 (2) in subsection (a)— 

18 (A) by inserting ‘‘, to the extent provided 

19 in advance in appropriations Acts’’ after ‘‘Am20 trak’s indebtedness’’; and 

21 (B) by striking the second sentence; 

22 (3) in subsection (b), by striking ‘‘The Sec23 retary of the Treasury, in consultation’’ and insert24 ing ‘‘To the extent amounts are provided in advance 


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1 in appropriations Acts, the Secretary of the Treas2 ury, in consultation’’; 

3 (4) in subsection (d), by inserting ‘‘, to the ex4 tent provided in advance in appropriations Acts’’ 

5 after ‘‘as appropriate’’; 

6 (5) in subsection (e)— 

7 (A) in paragraph (1), by striking ‘‘by sec8 tion 102 of this division’’; and 

9 (B) in paragraph (2), by striking ‘‘by sec10 tion 102’’ and inserting ‘‘for Amtrak’’; 

11 (6) in subsection (g), by inserting ‘‘, unless that 

12 debt receives credit assistance, including direct loans 

13 and loan guarantees, under chapter 6 of title 23, 

14 United States Code, or title V of the Railroad Revi15 talization and Regulatory Act of 1976 (45 U.S.C. 

16 821 et seq.)’’ after ‘‘Secretary’’; and 

17 (7) by striking subsection (h). 

18 SEC. 5212. AMTRAK PILOT PROGRAM FOR PASSENGERS 

19 TRANSPORTING DOMESTICATED CATS AND 

20 DOGS. 

21 (a) IN GENERAL.—Not later than 1 year after the 

22 date of enactment of this Act, Amtrak shall develop a pilot 

23 program that allows passengers to transport domesticated 

24 cats or dogs on certain trains operated by Amtrak. 


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1 (b) PET POLICY.—In developing the pilot program 

2 required under subsection (a), Amtrak shall— 

3 (1) in the case of a passenger train that is com4 prised of more than 1 car, designate, where feasible, 

5 at least 1 car in which a ticketed passenger may 

6 transport a domesticated cat or dog in the same 

7 manner as carry-on baggage if— 

8 (A) the cat or dog is contained in a pet 

9 kennel; 

10 (B) the pet kennel complies with Amtrak 

11 size requirements for carriage of carry-on bag12 gage; 

13 (C) the passenger is traveling on a train 

14 operating on a route described in subparagraph 

15 (A), (B), or (D) of section 24102(6) of title 49, 

16 United States Code; and 

17 (D) the passenger pays a fee described in 

18 paragraph (3); 

19 (2) allow a ticketed passenger to transport a 

20 domesticated cat or dog on a train in the same man21 ner as cargo if— 

22 (A) the cat or dog is contained in a pet 

23 kennel; 

24 (B) the pet kennel is stowed in accordance 

25 with Amtrak requirements for cargo stowage; 


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1 (C) the passenger is traveling on a train 

2 operating on a route described in subparagraph 

3 (A), (B), or (D) of section 24102(6) of title 49, 

4 United States Code; 

5 (D) the cargo area is temperature con6 trolled in a manner protective of cat and dog 

7 safety and health; and 

8 (E) the passenger pays a fee described in 

9 paragraph (3); and 

10 (3) collect fees for each cat or dog transported 

11 by a ticketed passenger in an amount that, in the 

12 aggregate and at a minimum, covers the full costs 

13 of the pilot program. 

14 (c) REPORT.—Not later than 1 year after the pilot 

15 program required under subsection (a) is first imple16 mented, Amtrak shall transmit to the Committee on Com17 merce, Science, and Transportation of the Senate and the 

18 Committee on Transportation and Infrastructure of the 

19 House of Representatives a report containing an evalua20 tion of the pilot program. 

21 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

22 (1) SERVICE ANIMALS.—The pilot program 

23 under subsection (a) shall be separate from and in 

24 addition to the policy governing Amtrak passengers 

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1 tion may be interpreted to limit or waive the rights 

2 of passengers to transport service animals. 

3 (2) ADDITIONAL TRAIN CARS.—Nothing in this 

4 section may be interpreted to require Amtrak to add 

5 additional train cars or modify existing train cars. 

6 (3) FEDERAL FUNDS.—No Federal funds may 

7 be used to implement the pilot program required 

8 under this section. 

9 SEC. 5213. AMTRAK BOARD OF DIRECTORS. 

10 (a) IN GENERAL.—Section 24302(a) is amended to 

11 read as follows: 

12 ‘‘(a) COMPOSITION AND TERMS.— 

13 ‘‘(1) IN GENERAL.—The Amtrak Board of Di14 rectors (referred to in this section as the ‘Board’) is 

15 composed of the following 9 directors, each of whom 

16 must be a citizen of the United States: 

17 ‘‘(A) The Secretary of Transportation. 

18 ‘‘(B) The President of Amtrak. 

19 ‘‘(C) 7 individuals appointed by the Presi20 dent of the United States, by and with the ad21 vice and consent of the Senate, with general 

22 business and financial experience, experience or 

23 qualifications in transportation, freight and 

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1 nesses, or representatives of employees or users 

2 of passenger rail transportation or a State gov3 ernment. 

4 ‘‘(2) SELECTION.—In selecting individuals de5 scribed in paragraph (1)(C) for nominations for ap6 pointments to the Board, the President shall consult 

7 with the Speaker of the House of Representatives, 

8 the minority leader of the House of Representatives, 

9 the majority leader of the Senate, and the minority 

10 leader of the Senate. The individuals appointed to 

11 the Board under paragraph (1)(C) shall be com12 posed of the following: 

13 ‘‘(A) 2 individuals from the Northeast Cor14 ridor. 

15 ‘‘(B) 4 individuals from regions of the 

16 country outside of the Northeast Corridor and 

17 geographically distributed with— 

18 ‘‘(i) 2 individuals from States with 

19 long-distance routes operated by Amtrak; 

20 and 

21 ‘‘(ii) 2 individuals from States with 

22 State-supported routes operated by Am23 trak. 


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1 ‘‘(C) 1 individual from the Northeast Cor2 ridor or a State with long-distance or State3 supported routes. 

4 ‘‘(3) TERM.—An individual appointed under 

5 paragraph (1)(C) shall be appointed for a term of 5 

6 years. The term may be extended until the individ7 ual’s successor is appointed and qualified. Not more 

8 than 4 individuals appointed under paragraph (1)(C) 

9 may be members of the same political party. 

10 ‘‘(4) CHAIRPERSON AND VICE CHAIRPERSON.— 

11 The Board shall elect a chairperson and vice chair12 person, other than the President of Amtrak, from 

13 among its membership. The vice chairperson shall 

14 serve as chairperson in the absence of the chair15 person. 

16 ‘‘(5) SECRETARY’S DESIGNEE.—The Secretary 

17 may be represented at Board meetings by the Sec18 retary’s designee.’’. 

19 (b) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed as affecting the term of any direc21 tor serving on the Amtrak Board of Directors under sec22 tion 24302(a)(1)(C) of title 49, United States Code, on 

23 the day preceding the date of enactment of this Act. 


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1 Subtitle C—Intercity Passenger 

2 Rail Policy 

3 SEC. 5301. COMPETITIVE OPERATING GRANTS. 

4 (a) IN GENERAL.—Chapter 244 is amended— 

5 (1) by striking section 24406; and 

6 (2) by inserting after section 24405 the fol7 lowing: 

8 ‘‘§ 24406. Competitive operating grants 

9 ‘‘(a) APPLICANT DEFINED.—In this section, the term 

10 ‘applicant’ means— 

11 ‘‘(1) a State; 

12 ‘‘(2) a group of States; 

13 ‘‘(3) an Interstate Compact; 

14 ‘‘(4) a public agency or publicly chartered au15 thority established by 1 or more States and having 

16 responsibility for providing intercity rail passenger 

17 transportation or commuter rail passenger transpor18 tation; 

19 ‘‘(5) a political subdivision of a State; 

20 ‘‘(6) Amtrak or another rail passenger carrier 

21 that provides intercity rail passenger transportation; 

22 ‘‘(7) any rail carrier in partnership with at least 

23 1 of the entities described in paragraphs (1) through 

24 (5); and 


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1 ‘‘(8) any combination of the entities described 

2 in paragraphs (1) through (7). 

3 ‘‘(b) GRANTS AUTHORIZED.—The Secretary of 

4 Transportation shall develop and implement a program for 

5 issuing 3-year operating assistance grants to applicants, 

6 on a competitive basis, for the purpose of initiating, re7 storing, or enhancing intercity rail passenger service. 

8 ‘‘(c) APPLICATION.—An applicant for a grant under 

9 this section shall submit to the Secretary— 

10 ‘‘(1) a capital and mobilization plan that— 

11 ‘‘(A) describes any capital investments, 

12 service planning actions (such as environmental 

13 reviews), and mobilization actions (such as 

14 qualification of train crews) required for initi15 ation of service; and 

16 ‘‘(B) includes the timeline for undertaking 

17 and completing each of the investments and ac18 tions referred to in subparagraph (A); 

19 ‘‘(2) an operating plan that describes the 

20 planned operation of the service, including— 

21 ‘‘(A) the identity and qualifications of the 

22 train operator; 

23 ‘‘(B) the identity and qualifications of any 

24 other service providers; 

25 ‘‘(C) service frequency; 


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1 ‘‘(D) the planned routes and schedules; 

2 ‘‘(E) the station facilities that will be uti3 lized; 

4 ‘‘(F) projected ridership, revenues, and 

5 costs; 

6 ‘‘(G) descriptions of how the projections 

7 under subparagraph (F) were developed; 

8 ‘‘(H) the equipment that will be utilized, 

9 how such equipment will be acquired or refur10 bished, and where such equipment will be main11 tained; and 

12 ‘‘(I) a plan for ensuring safe operations 

13 and compliance with applicable safety regula14 tions; 

15 ‘‘(3) a funding plan that— 

16 ‘‘(A) describes the funding of initial capital 

17 costs and operating costs for the first 3 years 

18 of operation; 

19 ‘‘(B) includes a commitment by the appli20 cant to provide the funds described in subpara21 graph (A) to the extent not covered by Federal 

22 grants and revenues; and 

23 ‘‘(C) describes the funding of operating 

24 costs and capital costs, to the extent necessary, 

25 after the first 3 years of operation; and 


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1 ‘‘(4) a description of the status of negotiations 

2 and agreements with— 

3 ‘‘(A) each of the railroads or regional 

4 transportation authorities whose tracks or fa5 cilities would be utilized by the service; 

6 ‘‘(B) the anticipated rail passenger carrier, 

7 if such entity is not part of the applicant group; 

8 and 

9 ‘‘(C) any other service providers or entities 

10 expected to provide services or facilities that 

11 will be used by the service, including any re12 quired access to Amtrak systems, stations, and 

13 facilities if Amtrak is not part of the applicant 

14 group. 

15 ‘‘(d) PRIORITIES.—In awarding grants under this 

16 section, the Secretary shall give priority to applications— 

17 ‘‘(1) for which planning, design, any environ18 mental reviews, negotiation of agreements, acquisi19 tion of equipment, construction, and other actions 

20 necessary for initiation of service have been com21 pleted or nearly completed; 

22 ‘‘(2) that would restore service over routes for23 merly operated by Amtrak, including routes with 

24 international connections; 


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1 ‘‘(3) that would provide daily or daytime service 

2 over routes where such service did not previously 

3 exist; 

4 ‘‘(4) that include private funding (including 

5 funding from railroads), and funding or other sig6 nificant participation by State, local, and regional 

7 governmental and private entities; 

8 ‘‘(5) that include a funding plan that dem9 onstrates the intercity rail passenger service will be 

10 financially sustainable beyond the 3-year grant pe11 riod; 

12 ‘‘(6) that would provide service to regions and 

13 communities that are underserved or not served by 

14 other intercity public transportation; 

15 ‘‘(7) that would foster economic development, 

16 particularly in rural communities and for disadvan17 taged populations; 

18 ‘‘(8) that would provide other non-transpor19 tation benefits; and 

20 ‘‘(9) that would enhance connectivity and geo21 graphic coverage of the existing national network of 

22 intercity passenger rail service. 

23 ‘‘(e) LIMITATIONS.— 

24 ‘‘(1) DURATION.—Federal operating assistance 

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1 vidual intercity rail passenger transportation route 

2 may not provide funding for more than 3 years and 

3 may not be renewed. 

4 ‘‘(2) LIMITATION.—Not more than 6 of the op5 erating assistance grants awarded pursuant to sub6 section (b) may be simultaneously active. 

7 ‘‘(3) MAXIMUM FUNDING.—Grants described in 

8 paragraph (1) may not exceed— 

9 ‘‘(A) 80 percent of the projected net oper10 ating costs for the first year of service; 

11 ‘‘(B) 60 percent of the projected net oper12 ating costs for the second year of service; and 

13 ‘‘(C) 40 percent of the projected net oper14 ating costs for the third year of service. 

15 ‘‘(f) USE WITH CAPITAL GRANTS AND OTHER FED16 ERAL FUNDING.—A recipient of an operating assistance 

17 grant under subsection (b) may use that grant in combina18 tion with other grants awarded under this chapter or any 

19 other Federal funding that would benefit the applicable 

20 service. 

21 ‘‘(g) AVAILABILITY.—Amounts appropriated for car22 rying out this section shall remain available until ex23 pended. 

24 ‘‘(h) COORDINATION WITH AMTRAK.—If the Sec25 retary awards a grant under this section to a rail pasVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 senger carrier other than Amtrak, Amtrak may be re2 quired under section 24711(c)(1) of this title to provide 

3 access to its reservation system, stations, and facilities 

4 that are directly related to operations to such carrier, to 

5 the extent necessary to carry out the purposes of this sec6 tion. The Secretary may award an appropriate portion of 

7 the grant to Amtrak as compensation for this access. 

8 ‘‘(i) CONDITIONS.— 

9 ‘‘(1) GRANT AGREEMENT.—The Secretary shall 

10 require grant recipients under this section to enter 

11 into a grant agreement that requires them to pro12 vide similar information regarding the route per13 formance, financial, and ridership projections, and 

14 capital and business plans that Amtrak is required 

15 to provide, and such other data and information as 

16 the Secretary deems necessary. 

17 ‘‘(2) INSTALLMENTS; TERMINATION.—The Sec18 retary may— 

19 ‘‘(A) award grants under this section in in20 stallments, as the Secretary considers appro21 priate; and 

22 ‘‘(B) terminate any grant agreement 

23 upon— 

24 ‘‘(i) the cessation of service; or 


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1 ‘‘(ii) the violation of any other term of 

2 the grant agreement. 

3 ‘‘(3) GRANT CONDITIONS.—Except as specifi4 cally provided in this section, the use of any 

5 amounts appropriated for grants under this section 

6 shall be subject to the requirements under this chap7 ter. 

8 ‘‘(j) REPORT.—Not later than 4 years after the date 

9 of enactment of the Comprehensive Transportation and 

10 Consumer Protection Act of 2015, the Secretary, after 

11 consultation with grant recipients under this section, shall 

12 submit a report to Congress that describes— 

13 ‘‘(1) the implementation of this section; 

14 ‘‘(2) the status of the investments and oper15 ations funded by such grants; 

16 ‘‘(3) the performance of the routes funded by 

17 such grants; 

18 ‘‘(4) the plans of grant recipients for continued 

19 operation and funding of such routes; and 

20 ‘‘(5) any legislative recommendations.’’. 

21 (b) CONFORMING AMENDMENTS.—Chapter 244 is 

22 amended— 

23 (1) in the table of contents, by inserting after 

24 the item relating to section 24405 the following: 

‘‘24406. Competitive operating grants.’’; 


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1 (2) in the chapter title, by striking ‘‘INTER2 CITY PASSENGER RAIL SERVICE COR3 RIDOR CAPITAL’’ and inserting ‘‘RAIL CAP4 ITAL AND OPERATING’’; 

5 (3) in section 24401, by striking paragraph (1); 

6 (4) in section 24402, by striking subsection (j) 

7 and inserting the following: 

8 ‘‘(j) APPLICANT DEFINED.—In this section, the term 

9 ‘applicant’ means a State (including the District of Co10 lumbia), a group of States, an Interstate Compact, a pub11 lic agency or publicly chartered authority established by 

12 1 or more States and having responsibility for providing 

13 intercity rail passenger transportation, or a political sub14 division of a State.’’; and 

15 (5) in section 24405— 

16 (A) in subsection (b)— 

17 (i) by inserting ‘‘, or for which an op18 erating grant is issued under section 

19 24406,’’ after ‘‘chapter’’; and 

20 (ii) in paragraph (2), by striking 

21 ‘‘(43’’ and inserting ‘‘(45’’; 

22 (B) in subsection (d)(1), in the matter pre23 ceding subparagraph (A), by inserting ‘‘or un24 less Amtrak ceased providing intercity pas25 senger railroad transportation over the affected 


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1 route more than 3 years before the commence2 ment of new service’’ after ‘‘unless such service 

3 was provided solely by Amtrak to another enti4 ty’’; 

5 (C) in subsection (f), by striking ‘‘under 

6 this chapter for commuter rail passenger trans7 portation, as defined in section 24012(4) of this 

8 title.’’ and inserting ‘‘under this chapter for 

9 commuter rail passenger transportation (as de10 fined in section 24102(3)).’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(g) SPECIAL TRANSPORTATION CIRCUMSTANCES.— 

13 In carrying out this chapter, the Secretary shall allocate 

14 an appropriate portion of the amounts available under this 

15 chapter to provide grants to States— 

16 ‘‘(1) in which there is no intercity passenger 

17 rail service, for the purpose of funding freight rail 

18 capital projects that are on a State rail plan devel19 oped under chapter 227 that provide public benefits 

20 (as defined in chapter 227), as determined by the 

21 Secretary; or 

22 ‘‘(2) in which the rail transportation system is 

23 not physically connected to rail systems in the conti24 nental United States or may not otherwise qualify 

25 for a grant under this section due to the unique 


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1 characteristics of the geography of that State or 

2 other relevant considerations, for the purpose of 

3 funding transportation-related capital projects.’’. 

4 SEC. 5302. FEDERAL-STATE PARTNERSHIP FOR STATE-OF5 GOOD-REPAIR. 

6 (a) AMENDMENT.—Chapter 244 is amended by in7 serting after section 24406, as added by section 5301 of 

8 this Act, the following: 

9 ‘‘§ 24407. Federal-State partnership for state-of-good10 repair 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) APPLICANT.—The term ‘applicant’ 

13 means— 

14 ‘‘(A) a State (including the District of Co15 lumbia); 

16 ‘‘(B) a group of States; 

17 ‘‘(C) an Interstate Compact; 

18 ‘‘(D) a public agency or publicly chartered 

19 authority established by 1 or more States that 

20 has responsibility for providing intercity rail 

21 passenger transportation or commuter rail pas22 senger transportation; 

23 ‘‘(E) a political subdivision of a State; 


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1 ‘‘(F) Amtrak, acting on its own behalf or 

2 under a cooperative agreement with 1 or more 

3 States; or 

4 ‘‘(G) any combination of the entities de5 scribed in subparagraphs (A) through (F). 

6 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

7 project’ means— 

8 ‘‘(A) a project primarily intended to re9 place, rehabilitate, or repair major infrastruc10 ture assets utilized for providing intercity pas11 senger rail service, including tunnels, bridges, 

12 stations, and other assets, as determined by the 

13 Secretary; or 

14 ‘‘(B) a project primarily intended to im15 prove intercity passenger rail performance, in16 cluding reduced trip times, increased train fre17 quencies, higher operating speeds, and other 

18 improvements, as determined by the Secretary. 

19 ‘‘(3) NORTHEAST CORRIDOR.—The term 

20 ‘Northeast Corridor’ means— 

21 ‘‘(A) the main rail line between Boston, 

22 Massachusetts and the Virginia Avenue inter23 locking in the District of Columbia; and 


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1 ‘‘(B) the branch rail lines connecting to 

2 Harrisburg, Pennsylvania, Springfield, Massa3 chusetts, and Spuyten Duyvil, New York. 

4 ‘‘(4) QUALIFIED RAILROAD ASSET.—The term 

5 ‘qualified railroad asset’ means infrastructure, 

6 equipment, or a facility that— 

7 ‘‘(A) is owned or controlled by an eligible 

8 applicant; and 

9 ‘‘(B) was not in a state-of-good-repair on 

10 the date of enactment of the Comprehensive 

11 Transportation and Consumer Protection Act of 

12 2015. 

13 ‘‘(b) GRANT PROGRAM AUTHORIZED.—The Secretary 

14 of Transportation shall develop and implement a program 

15 for issuing grants to applicants, on a competitive basis, 

16 to fund capital projects that reduce the state-of-good-re17 pair backlog on qualified railroad assets. 

18 ‘‘(c) ELIGIBLE PROJECTS.—Projects eligible for 

19 grants under this section include capital projects to re20 place or rehabilitate qualified railroad assets, including— 

21 ‘‘(1) capital projects to replace existing assets 

22 in-kind; 

23 ‘‘(2) capital projects to replace existing assets 

24 with assets that increase capacity or provide a high25 er level of service; and 


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1 ‘‘(3) capital projects to ensure that service can 

2 be maintained while existing assets are brought to a 

3 state-of-good-repair. 

4 ‘‘(d) PROJECT SELECTION CRITERIA.—In selecting 

5 an applicant for a grant under this section, the Secretary 

6 shall— 

7 ‘‘(1) give preference to eligible projects— 

8 ‘‘(A) that are consistent with the goals, ob9 jectives, and policies defined in any regional rail 

10 planning document that is applicable to a 

11 project proposal; and 

12 ‘‘(B) for which the proposed Federal share 

13 of total project costs does not exceed 50 per14 cent; and 

15 ‘‘(2) take into account— 

16 ‘‘(A) the cost-benefit analysis of the pro17 posed project, including anticipated private and 

18 public benefits relative to the costs of the pro19 posed project, including— 

20 ‘‘(i) effects on system and service per21 formance; 

22 ‘‘(ii) effects on safety, competitive23 ness, reliability, trip or transit time, and 

24 resilience; 


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1 ‘‘(iii) efficiencies from improved inte2 gration with other modes; and 

3 ‘‘(iv) ability to meet existing or antici4 pated demand; 

5 ‘‘(B) the degree to which the proposed 

6 project’s business plan considers potential pri7 vate sector participation in the financing, con8 struction, or operation of the proposed project; 

9 ‘‘(C) the applicant’s past performance in 

10 developing and delivering similar projects, and 

11 previous financial contributions; 

12 ‘‘(D) whether the applicant has, or will 

13 have— 

14 ‘‘(i) the legal, financial, and technical 

15 capacity to carry out the project; 

16 ‘‘(ii) satisfactory continuing control 

17 over the use of the equipment or facilities; 

18 and 

19 ‘‘(iii) the capability and willingness to 

20 maintain the equipment or facilities; 

21 ‘‘(E) if applicable, the consistency of the 

22 project with planning guidance and documents 

23 set forth by the Secretary or required by law; 

24 and 


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1 ‘‘(F) any other relevant factors, as deter2 mined by the Secretary. 

3 ‘‘(e) PLANNING REQUIREMENTS.—A project is not el4 igible for a grant under this section unless the project is 

5 specifically identified— 

6 ‘‘(1) on a State rail plan prepared in accord7 ance with chapter 227; or 

8 ‘‘(2) if the project is located on the Northeast 

9 Corridor, on the Northeast Corridor Capital Invest10 ment Plan developed pursuant to section 24904(a). 

11 ‘‘(f) NORTHEAST CORRIDOR PROJECTS.— 

12 ‘‘(1) COMPLIANCE WITH USAGE AGREE13 MENTS.—Grant funds may not be provided under 

14 this section to an eligible recipient for an eligible 

15 project located on the Northeast Corridor unless 

16 Amtrak and the public authorities providing com17 muter rail passenger transportation on the North18 east Corridor are in compliance with section 

19 24905(c)(2). 

20 ‘‘(2) CAPITAL INVESTMENT PLAN.—When se21 lecting projects located on the Northeast Corridor, 

22 the Secretary shall consider the appropriate se23 quence and phasing of projects as contained in the 

24 Northeast Corridor Capital Investment Plan devel25 oped pursuant to section 24904(a). 


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1 ‘‘(g) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

2 ‘‘(1) TOTAL PROJECT COST.—The Secretary 

3 shall estimate the total cost of a project under this 

4 section based on the best available information, in5 cluding engineering studies, studies of economic fea6 sibility, environmental analyses, and information on 

7 the expected use of equipment or facilities. 

8 ‘‘(2) FEDERAL SHARE.—The Federal share of 

9 total costs for a project under this subsection shall 

10 not exceed 80 percent. 

11 ‘‘(3) TREATMENT OF AMTRAK REVENUE.—If 

12 Amtrak or another rail passenger carrier is an appli13 cant under this section, Amtrak or the other rail 

14 passenger carrier, as applicable, may use ticket and 

15 other revenues generated from its operations and 

16 other sources to satisfy the non-Federal share re17 quirements. 

18 ‘‘(h) LETTERS OF INTENT.— 

19 ‘‘(1) IN GENERAL.—The Secretary may issue a 

20 letter of intent to a grantee under this section 

21 that— 

22 ‘‘(A) announces an intention to obligate, 

23 for a major capital project under this section, 

24 an amount from future available budget author25 ity specified in law that is not more than the 


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1 amount stipulated as the financial participation 

2 of the Secretary in the project; and 

3 ‘‘(B) states that the contingent commit4 ment— 

5 ‘‘(i) is not an obligation of the Fed6 eral Government; and 

7 ‘‘(ii) is subject to the availability of 

8 appropriations under Federal law and to 

9 Federal laws in force or enacted after the 

10 date of the contingent commitment. 

11 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

12 ‘‘(A) IN GENERAL.—Not later than 30 

13 days before issuing a letter under paragraph 

14 (1), the Secretary shall submit written notifica15 tion to— 

16 ‘‘(i) the Committee on Commerce, 

17 Science, and Transportation of the Senate; 

18 ‘‘(ii) the Committee on Appropriations 

19 of the Senate; 

20 ‘‘(iii) the Committee on Transpor21 tation and Infrastructure of the House of 

22 Representatives; and 

23 ‘‘(iv) the Committee on Appropria24 tions of the House of Representatives. 


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1 ‘‘(B) CONTENTS.—The notification sub2 mitted pursuant to subparagraph (A) shall in3 clude— 

4 ‘‘(i) a copy of the proposed letter or 

5 agreement; 

6 ‘‘(ii) the criteria used under sub7 section (d) for selecting the project for a 

8 grant award; and 

9 ‘‘(iii) a description of how the project 

10 meets such criteria. 

11 ‘‘(3) APPROPRIATIONS REQUIRED.—An obliga12 tion or administrative commitment may be made 

13 under this section only when amounts are appro14 priated for such purpose. 

15 ‘‘(i) AVAILABILITY.—Amounts appropriated for car16 rying out this section shall remain available until ex17 pended. 

18 ‘‘(j) GRANT CONDITIONS.—Except as specifically 

19 provided in this section, the use of any amounts appro20 priated for grants under this section shall be subject to 

21 the requirements under this chapter.’’. 

22 (b) CONFORMING AMENDMENT.—The table of con23 tents for chapter 244 is amended by inserting after the 

24 item relating to section 24406 the following: 

‘‘24407. Federal-State partnership for state-of-good-repair.’’. 


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1 SEC. 5303. LARGE CAPITAL PROJECT REQUIREMENTS. 

2 Section 24402 is amended by adding at the end the 

3 following: 

4 ‘‘(m) LARGE CAPITAL PROJECT REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—For a grant awarded under 

6 this chapter for an amount in excess of 

7 $1,000,000,000, the following conditions shall apply: 

8 ‘‘(A) The Secretary of Transportation may 

9 not obligate any funding unless the applicant 

10 demonstrates, to the satisfaction of the Sec11 retary, that the applicant has committed, and 

12 will be able to fulfill, the non-Federal share re13 quired for the grant within the applicant’s pro14 posed project completion timetable. 

15 ‘‘(B) The Secretary may not obligate any 

16 funding for work activities that occur after the 

17 completion of final design unless— 

18 ‘‘(i) the applicant submits a financial 

19 plan to the Secretary that generally identi20 fies the sources of the non-Federal funding 

21 required for any subsequent segments or 

22 phases of the corridor service development 

23 program covering the project for which the 

24 grant is awarded; 

25 ‘‘(ii) the grant will result in a useable 

26 segment, a transportation facility, or 


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1 equipment, that has operational independ2 ence or is financially sustainable; and 

3 ‘‘(iii) the intercity passenger rail bene4 fits anticipated to result from the grant, 

5 such as increased speed, improved on-time 

6 performance, reduced trip time, increased 

7 frequencies, new service, safety improve8 ments, improved accessibility, or other sig9 nificant enhancements, are detailed by the 

10 grantee and approved by the Secretary. 

11 ‘‘(C)(i) The Secretary shall ensure that the 

12 project is maintained to the level of utility that 

13 is necessary to support the benefits approved 

14 under subparagraph (B)(iii) for a period of 20 

15 years from the date on which the useable seg16 ment, transportation facility, or equipment de17 scribed in subparagraph (B)(ii) is placed in 

18 service. 

19 ‘‘(ii) If the project property is not main20 tained as required under clause (i) for a 12- 

21 month period, the grant recipient shall refund 

22 a pro-rata share of the Federal contribution, 

23 based upon the percentage remaining of the 20- 

24 year period that commenced when the project 

25 property was placed in service. 


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1 ‘‘(2) EARLY WORK.—The Secretary may allow a 

2 grantee subject to this subsection to engage in at3 risk work activities subsequent to the conclusion of 

4 final design if the Secretary determines that such 

5 work activities are reasonable and necessary.’’. 

6 SEC. 5304. SMALL BUSINESS PARTICIPATION STUDY. 

7 (a) STUDY.—The Secretary shall conduct a nation8 wide disparity and availability study on the availability 

9 and use of small business concerns owned and controlled 

10 by socially and economically disadvantaged individuals and 

11 veteran-owned small businesses in publicly funded inter12 city passenger rail service projects. 

13 (b) REPORT.—Not later than 4 years after the date 

14 of enactment of this Act, the Secretary shall submit a re15 port containing the results of the study conducted under 

16 subsection (a) to the Committee on Commerce, Science, 

17 and Transportation of the Senate and the Committee on 

18 Transportation and Infrastructure of the House of Rep19 resentatives. 

20 (c) DEFINITIONS.—In this section: 

21 (1) SMALL BUSINESS CONCERN.—The term 

22 ‘‘small business concern’’ has the meaning given 

23 such term in section 3 of the Small Business Act 

24 (15 U.S.C. 632), except that the term does not in25 clude any concern or group of concerns controlled by 


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1 the same socially and economically disadvantaged in2 dividual or individuals that have average annual 

3 gross receipts during the preceding 3 fiscal years in 

4 excess of $22,410,000, as adjusted annually by the 

5 Secretary for inflation. 

6 (2) SOCIALLY AND ECONOMICALLY DISADVAN7 TAGED INDIVIDUAL.—The term ‘‘socially and eco8 nomically disadvantaged individual’’ has the mean9 ing given such term in section 8(d) of the Small 

10 Business Act (15 U.S.C. 637(d)) and relevant sub11 contracting regulations issued pursuant to such Act, 

12 except that women shall be presumed to be socially 

13 and economically disadvantaged individuals for pur14 poses of this section. 

15 (3) VETERAN-OWNED SMALL BUSINESS.—The 

16 term ‘‘veteran-owned small business’’ has the mean17 ing given the term ‘‘small business concern owned 

18 and controlled by veterans’’ in section 3(q)(3) of the 

19 Small Business Act (15 U.S.C. 632(q)(3)), except 

20 that the term does not include any concern or group 

21 of concerns controlled by the same veterans that 

22 have average annual gross receipts during the pre23 ceding 3 fiscal years in excess of $22,410,000, as 

24 adjusted annually by the Secretary for inflation. 


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1 SEC. 5305. GULF COAST RAIL SERVICE WORKING GROUP. 

2 (a) IN GENERAL.—Not later than 90 days after the 

3 date of enactment of this Act, the Secretary shall convene 

4 a working group to evaluate the restoration of intercity 

5 rail passenger service in the Gulf Coast region between 

6 New Orleans, Louisiana, and Orlando, Florida. 

7 (b) MEMBERSHIP.—The working group convened 

8 pursuant to subsection (a) shall consist of representatives 

9 of— 

10 (1) the Federal Railroad Administration, which 

11 shall serve as chair of the working group; 

12 (2) Amtrak; 

13 (3) the States along the proposed route or 

14 routes; 

15 (4) regional transportation planning organiza16 tions and metropolitan planning organizations, mu17 nicipalities, and communities along the proposed 

18 route or routes, which shall be selected by the Ad19 ministrator; 

20 (5) the Southern Rail Commission; 

21 (6) freight railroad carriers whose tracks may 

22 be used for such service; and 

23 (7) other entities determined appropriate by the 

24 Secretary, which may include independent passenger 

25 rail operators that express an interest in Gulf Coast 

26 service. 


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1 (c) RESPONSIBILITIES.—The working group shall— 

2 (1) evaluate all options for restoring intercity 

3 rail passenger service in the Gulf Coast region, in4 cluding options outlined in the report transmitted to 

5 Congress pursuant to section 226 of the Passenger 

6 Rail Investment and Improvement Act of 2008 (divi7 sion B of Public Law 110–432); 

8 (2) select a preferred option for restoring such 

9 service; 

10 (3) develop a prioritized inventory of capital 

11 projects and other actions required to restore such 

12 service and cost estimates for such projects or ac13 tions; and 

14 (4) identify Federal and non-Federal funding 

15 sources required to restore such service, including 

16 options for entering into public-private partnerships 

17 to restore such service. 

18 (d) REPORT.—Not later than 9 months after the date 

19 of enactment of this Act, the working group shall submit 

20 a report to the Committee on Commerce, Science, and 

21 Transportation of the Senate and the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives that includes— 


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1 (1) the preferred option selected under sub2 section (c)(2) and the reasons for selecting such op3 tion; 

4 (2) the information described in subsection 

5 (c)(3); 

6 (3) the funding sources identified under sub7 section (c)(4); 

8 (4) the costs and benefits of restoring intercity 

9 rail passenger transportation in the region; and 

10 (5) any other information the working group 

11 determines appropriate. 

12 SEC. 5306. INTEGRATED PASSENGER RAIL WORKING 

13 GROUP. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this Act, the Secretary shall convene 

16 a working group to review issues relating to— 

17 (1) the potential operation of State-supported 

18 routes by rail passenger carriers other than Amtrak; 

19 and 

20 (2) their role in establishing an integrated 

21 intercity passenger rail network in the United 

22 States. 

23 (b) MEMBERSHIP.—The working group shall consist 

24 of a balanced representation of— 


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1 (1) the Federal Railroad Administration, who 

2 shall chair the Working Group; 

3 (2) States that fund State-sponsored routes; 

4 (3) independent passenger rail operators, in5 cluding those that carry at least 5,000,000 pas6 sengers annually in United States or international 

7 rail service; 

8 (4) Amtrak; 

9 (5) railroads that host intercity State-supported 

10 routes; 

11 (6) employee representatives from railroad 

12 unions and building trade unions with substantial 

13 engagement in railroad rights of way construction 

14 and maintenance; and 

15 (7) other entities determined appropriate by the 

16 Secretary. 

17 (c) RESPONSIBILITIES.—The working group shall 

18 evaluate options for improving State-supported routes and 

19 may make recommendations, as appropriate, regarding— 

20 (1) best practices for State or State authority 

21 governance of State-supported routes; 

22 (2) future sources of Federal and non-Federal 

23 funding sources for State-supported routes; 

24 (3) best practices in obtaining passenger rail 

25 operations and services on a competitive basis with 


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1 the objective of creating the highest quality service 

2 at the lowest cost to the taxpayer; 

3 (4) ensuring potential interoperability of State4 supported routes as a part of a national network 

5 with multiple providers providing integrated services 

6 including ticketing, scheduling, and route planning; 

7 and 

8 (5) the interface between State-supported 

9 routes and connecting commuter rail operations, in10 cluding maximized intra-modal and intermodal con11 nections and common sources of funding for capital 

12 projects. 

13 (d) MEETINGS.—Not later than 60 days after the es14 tablishment of the working group by the Secretary under 

15 subsection (a), the working group shall convene an organi16 zational meeting outside of the District of Columbia and 

17 shall define the rules and procedures governing the pro18 ceedings of the working group. The working group shall 

19 hold at least 3 meetings per year in States that fund 

20 State-supported routes. 

21 (e) REPORTS.— 

22 (1) PRELIMINARY REPORT.—Not later than 1 

23 year after the date the working group is established, 

24 the working group shall submit a preliminary report 

25 to the Secretary, the governors of States funding 


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1 State-supported routes, the Committee on Com2 merce, Science, and Transportation of the Senate, 

3 and the Committee on Transportation and Infra4 structure of the House of Representatives that in5 cludes— 

6 (A) administrative recommendations that 

7 can be implemented by a State and State au8 thority or by the Secretary; and 

9 (B) preliminary legislative recommenda10 tions. 

11 (2) FINAL LEGISLATIVE RECOMMENDATIONS.— 

12 Not later than 2 years after the date the working 

13 group is established, the working group shall submit 

14 a report to the Committee on Commerce, Science, 

15 and Transportation of the Senate and the Com16 mittee on Transportation and Infrastructure of the 

17 House of Representatives that includes final legisla18 tive recommendations. 

19 SEC. 5307. SHARED-USE STUDY. 

20 (a) IN GENERAL.—Not later than 3 years after the 

21 date of enactment of this Act, the Secretary, in consulta22 tion with Amtrak, commuter rail authorities, and other 

23 passenger rail operators, railroad carriers that own rail 

24 infrastructure over which both passenger and freight 

25 trains operate, States, the Surface Transportation Board, 


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1 the Northeast Corridor Commission established under sec2 tion 24905, the State-Supported Route Committee estab3 lished under section 24712, and groups representing rail 

4 passengers and customers, as appropriate, shall complete 

5 a study that evaluates— 

6 (1) the shared use of right-of-way by passenger 

7 and freight rail systems; and 

8 (2) the operational, institutional, and legal 

9 structures that would best support improvements to 

10 the systems referred to in paragraph (1). 

11 (b) AREAS OF STUDY.—In conducting the study 

12 under subsection (a), the Secretary shall evaluate— 

13 (1) the access and use of railroad right-of-way 

14 by a rail carrier that does not own the right-of-way, 

15 such as passenger rail services that operate over pri16 vately owned right-of-way, including an analysis of— 

17 (A) access agreements; 

18 (B) costs of access; and 

19 (C) the resolution of disputes relating to 

20 such access or costs; 

21 (2) the effectiveness of existing contractual, 

22 statutory, and regulatory mechanisms for estab23 lishing, measuring, and enforcing train performance 

24 standards, including— 


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1 (A) the manner in which passenger train 

2 delays are recorded; 

3 (B) the assignment of responsibility for 

4 such delays; and 

5 (C) the use of incentives and penalties for 

6 performance; 

7 (3) strengths and weaknesses in the existing 

8 mechanisms described in paragraph (2) and possible 

9 approaches to address the weaknesses; 

10 (4) mechanisms for measuring and maintaining 

11 public benefits resulting from publicly funded freight 

12 or passenger rail improvements, including improve13 ments directed towards shared-use right-of-way by 

14 passenger and freight rail; 

15 (5) approaches to operations, capacity, and cost 

16 estimation modeling that— 

17 (A) allows for transparent decisionmaking; 

18 and 

19 (B) protects the proprietary interests of all 

20 parties; 

21 (6) liability requirements and arrangements, in22 cluding— 

23 (A) whether to expand statutory liability 

24 limits to additional parties; 


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1 (B) whether to revise the current statutory 

2 liability limits; 

3 (C) whether current insurance levels of 

4 passenger rail operators are adequate and 

5 whether to establish minimum insurance re6 quirements for such passenger rail operators; 

7 and 

8 (D) whether to establish a liability regime 

9 modeled after section 170 of the Atomic Energy 

10 Act of 1954 (42 U.S.C. 2210); 

11 (7) the effect on rail passenger services, oper12 ations, liability limits and insurance levels of the as13 sertion of sovereign immunity by a State; and 

14 (8) other issues identified by the Secretary. 

15 (c) REPORT.—Not later than 60 days after the study 

16 under subsection (a) is complete, the Secretary shall sub17 mit to the Committee on Commerce, Science, and Trans18 portation of the Senate and the Committee on Transpor19 tation and Infrastructure of the House of Representatives 

20 a report that includes— 

21 (1) the results of the study; and 

22 (2) any recommendations for further action, in23 cluding any legislative proposals consistent with such 

24 recommendations. 


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1 (d) IMPLEMENTATION.—The Secretary shall inte2 grate the recommendations submitted under subsection (c) 

3 into its financial assistance programs under subtitle V of 

4 title 49, United States Code, and section 502 of the Rail5 road Revitalization and Regulatory Reform Act of 1976 

6 (45 U.S.C. 822), as appropriate. 

7 SEC. 5308. NORTHEAST CORRIDOR COMMISSION. 

8 (a) COMPOSITION.—Section 24905(a) is amended— 

9 (1) in paragraph (1)— 

10 (A) in the matter preceding subparagraph 

11 (A), by inserting ‘‘, infrastructure investments,’’ 

12 after ‘‘rail operations’’; 

13 (B) by amending subparagraph (B) to read 

14 as follows: 

15 ‘‘(B) members representing the Department of 

16 Transportation, including the Office of the Sec17 retary, the Federal Railroad Administration, and the 

18 Federal Transit Administration;’’; and 

19 (C) in subparagraph (D) by inserting ‘‘and 

20 commuter’’ after ‘‘freight’’; and 

21 (2) by amending paragraph (6) to read as fol22 lows: 

23 ‘‘(6) The members of the Commission shall 

24 elect co-chairs consisting of 1 member described in 


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1 paragraph (1)(B) and 1 member described in para2 graph (1)(C).’’. 

3 (b) STATEMENT OF GOALS AND RECOMMENDA4 TIONS.—Section 24905(b) is amended— 

5 (1) in paragraph (1), by inserting ‘‘and periodi6 cally update’’ after ‘‘develop’’; 

7 (2) in paragraph (2)(A), by striking ‘‘beyond 

8 those specified in the state-of-good-repair plan under 

9 section 211 of the Passenger Rail Investment and 

10 Improvement Act of 2008’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(3) SUBMISSION OF STATEMENT OF GOALS, 

13 RECOMMENDATIONS, AND PERFORMANCE RE14 PORTS.—The Commission shall submit to the Com15 mittee on Commerce, Science, and Transportation of 

16 the Senate and the Committee on Transportation 

17 and Infrastructure of the House of Representa18 tives— 

19 ‘‘(A) any updates made to the statement of 

20 goals developed under paragraph (1) not later 

21 than 60 days after such updates are made; and 

22 ‘‘(B) annual performance reports and rec23 ommendations for improvements, as appro24 priate, issued not later than March 31 of each 


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1 year, for the prior fiscal year, which summa2 rize— 

3 ‘‘(i) the operations and performance 

4 of commuter, intercity, and freight rail 

5 transportation along the Northeast Cor6 ridor; and 

7 ‘‘(ii) the delivery of the capital plan 

8 described in section 24904.’’. 

9 (c) COST ALLOCATION POLICY.—Section 24905(c) is 

10 amended— 

11 (1) in the subsection heading, by striking ‘‘AC12 CESS COSTS’’ and inserting ‘‘ALLOCATION OF

13 COSTS’’; 

14 (2) in paragraph (1)— 

15 (A) in the paragraph heading, by striking 

16 ‘‘FORMULA’’ and inserting ‘‘POLICY’’; 

17 (B) in the matter preceding subparagraph 

18 (A), by striking ‘‘Within 2 years after the date 

19 of enactment of the Passenger Rail Investment 

20 and Improvement Act of 2008, the Commis21 sion’’ and inserting ‘‘The Commission’’; 

22 (C) in subparagraph (A), by striking ‘‘for23 mula’’ and inserting ‘‘policy’’; and 

24 (D) by striking subparagraphs (B) through 

25 (D) and inserting the following: 


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1 ‘‘(B) develop a proposed timetable for im2 plementing the policy; 

3 ‘‘(C) submit the policy and timetable devel4 oped under subparagraph (B) to the Surface 

5 Transportation Board, the Committee on Com6 merce, Science, and Transportation of the Sen7 ate, and the Committee on Transportation and 

8 Infrastructure of the House of Representatives; 

9 ‘‘(D) not later than October 1, 2015, adopt 

10 and implement the policy in accordance with 

11 the timetable; and 

12 ‘‘(E) with the consent of a majority of its 

13 members, the Commission may petition the 

14 Surface Transportation Board to appoint a me15 diator to assist the Commission members 

16 through nonbinding mediation to reach an 

17 agreement under this section.’’; 

18 (3) in paragraph (2)— 

19 (A) by striking ‘‘formula proposed in’’ and 

20 inserting ‘‘policy developed under’’; and 

21 (B) in the second sentence— 

22 (i) by striking ‘‘the timetable, the 

23 Commission shall petition the Surface 

24 Transportation Board to’’ and inserting 

25 ‘‘paragraph (1)(D) or fail to comply with 


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1 the policy thereafter, the Surface Trans2 portation Board shall’’; and 

3 (ii) by striking ‘‘amounts for such 

4 services in accordance with section 

5 24904(c) of this title’’ and inserting ‘‘for 

6 such usage in accordance with the proce7 dures and procedural schedule applicable 

8 to a proceeding under section 24903(c), 

9 after taking into consideration the policy 

10 developed under paragraph (1)(A), as ap11 plicable’’; 

12 (4) in paragraph (3), by striking ‘‘formula’’ and 

13 inserting ‘‘policy’’; and 

14 (5) by adding at the end the following: 

15 ‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If 

16 a dispute arises with the implementation of, or com17 pliance with, the policy developed under paragraph 

18 (1), the Commission, Amtrak, or public authorities 

19 providing commuter rail passenger transportation on 

20 the Northeast Corridor may request that the Surface 

21 Transportation Board conduct dispute resolution. 

22 The Surface Transportation Board shall establish 

23 procedures for resolution of disputes brought before 

24 it under this paragraph, which may include the pro25 vision of professional mediation services.’’. 


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1 (d) CONFORMING AMENDMENTS.—Section 24905 is 

2 amended— 

3 (1) by striking subsection (d); 

4 (2) by redesignating subsections (e) and (f) as 

5 subsections (d) and (e), respectively; 

6 (3) in subsection (d), as redesignated, by strik7 ing ‘‘to the Commission such sums as may be nec8 essary for the period encompassing fiscal years 2009 

9 through 2013 to carry out this section’’ and insert10 ing ‘‘to the Secretary for the use of the Commission 

11 and the Northeast Corridor Safety Committee such 

12 sums as may be necessary to carry out this section 

13 during fiscal years 2016 through 2019, in addition 

14 to amounts withheld under section 5101(e) of the 

15 Comprehensive Transportation and Consumer Pro16 tection Act of 2015’’; and 

17 (4) in subsection (e)(2), as redesignated, by 

18 striking ‘‘on the main line.’’ and inserting ‘‘on the 

19 main line and meet annually with the Commission 

20 on the topic of Northeast Corridor safety and secu21 rity.’’. 

22 (e) NORTHEAST CORRIDOR PLANNING.— 

23 (1) AMENDMENT.—Chapter 249 is amended— 

24 (A) by redesignating section 24904 as sec25 tion 24903; and 


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1 (B) by inserting after section 24903, as re2 designated, the following: 

3 ‘‘§ 24904. Northeast Corridor planning 

4 ‘‘(a) NORTHEAST CORRIDOR CAPITAL INVESTMENT

5 PLAN.— 

6 ‘‘(1) REQUIREMENT.—Not later than May 1 of 

7 each year, the Northeast Corridor Commission es8 tablished under section 24905 (referred to in this 

9 section as the ‘Commission’) shall— 

10 ‘‘(A) develop a capital investment plan for 

11 the Northeast Corridor main line between Bos12 ton, Massachusetts, and the Virginia Avenue 

13 interlocking in the District of Columbia, and 

14 the Northeast Corridor branch lines connecting 

15 to Harrisburg, Pennsylvania, Springfield, Mas16 sachusetts, and Spuyten Duyvil, New York, in17 cluding the facilities and services used to oper18 ate and maintain those lines; and 

19 ‘‘(B) submit the capital investment plan to 

20 the Secretary of Transportation and the Com21 mittee on Commerce, Science, and Transpor22 tation of the Senate and the Committee on 

23 Transportation and Infrastructure of the House 

24 of Representatives. 


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1 ‘‘(2) CONTENTS.—The capital investment plan 

2 shall— 

3 ‘‘(A) reflect coordination and network opti4 mization across the entire Northeast Corridor; 

5 ‘‘(B) integrate the individual capital and 

6 service plans developed by each operator using 

7 the methods described in the cost allocation pol8 icy developed under section 24905(c); 

9 ‘‘(C) cover a period of 5 fiscal years, begin10 ning with the first fiscal year after the date on 

11 which the plan is completed; 

12 ‘‘(D) notwithstanding section 24902(b), 

13 identify, prioritize, and phase the implementa14 tion of projects and programs to achieve the 

15 service outcomes identified in the Northeast 

16 Corridor service development plan and the asset 

17 condition needs identified in the Northeast Cor18 ridor asset management plans, once available, 

19 and consider— 

20 ‘‘(i) the benefits and costs of capital 

21 investments in the plan; 

22 ‘‘(ii) project and program readiness; 

23 ‘‘(iii) the operational impacts; and 

24 ‘‘(iv) funding availability; 


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1 ‘‘(E) categorize capital projects and pro2 grams as primarily associated with; 

3 ‘‘(i) normalized capital replacement 

4 and basic infrastructure renewals; 

5 ‘‘(ii) replacement or rehabilitation of 

6 major Northeast Corridor infrastructure 

7 assets, including tunnels, bridges, stations, 

8 and other assets; 

9 ‘‘(iii) statutory, regulatory, or other 

10 legal mandates; 

11 ‘‘(iv) improvements to support service 

12 enhancements or growth; or 

13 ‘‘(v) strategic initiatives that will im14 prove overall operational performance or 

15 lower costs; 

16 ‘‘(F) identify capital projects and pro17 grams that are associated with more than 1 

18 category described in subparagraph (E); 

19 ‘‘(G) describe the anticipated outcomes of 

20 each project or program, including an assess21 ment of— 

22 ‘‘(i) the potential effect on passenger 

23 accessibility, operations, safety, reliability, 

24 and resiliency; 


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1 ‘‘(ii) the ability of infrastructure own2 ers and operators to meet regulatory re3 quirements if the project or program is not 

4 funded; and 

5 ‘‘(iii) the benefits and costs; and 

6 ‘‘(H) include a financial plan. 

7 ‘‘(3) FINANCIAL PLAN.—The financial plan 

8 under paragraph (2)(H) shall— 

9 ‘‘(A) identify funding sources and financ10 ing methods; 

11 ‘‘(B) identify the expected allocated shares 

12 of costs pursuant to the cost allocation policy 

13 developed under section 24905(c); 

14 ‘‘(C) identify the projects and programs 

15 that the Commission expects will receive Fed16 eral financial assistance; and 

17 ‘‘(D) identify the eligible entity or entities 

18 that the Commission expects will receive the 

19 Federal financial assistance described under 

20 subparagraph (C). 

21 ‘‘(b) FAILURE TO DEVELOP A CAPITAL INVESTMENT

22 PLAN.—If a capital investment plan has not been devel23 oped by the Commission for a given fiscal year, then the 

24 funds assigned to the account established under section 

25 24319(b) for that fiscal year may be spent only on— 


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1 ‘‘(1) capital projects described in clause (i) or 

2 (iii) of subsection (a)(2)(E) of this section; or 

3 ‘‘(2) capital projects described in subsection 

4 (a)(2)(E)(iv) of this section that are for the sole 

5 benefit of Amtrak. 

6 ‘‘(c) NORTHEAST CORRIDOR ASSET MANAGE7 MENT.— 

8 ‘‘(1) CONTENTS.—With regard to its infrastruc9 ture, Amtrak and each State and public transpor10 tation entity that owns infrastructure that supports 

11 or provides for intercity rail passenger transpor12 tation on the Northeast Corridor shall develop an 

13 asset management system and develop and update, 

14 as necessary, a Northeast Corridor asset manage15 ment plan for each service territory described in sub16 section (a) that— 

17 ‘‘(A) are consistent with the Federal Tran18 sit Administration process, as authorized under 

19 section 5326, when implemented; and 

20 ‘‘(B) include, at a minimum— 

21 ‘‘(i) an inventory of all capital assets 

22 owned by the developer of the asset man23 agement plan; 

24 ‘‘(ii) an assessment of asset condition; 


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1 ‘‘(iii) a description of the resources 

2 and processes necessary to bring or main3 tain those assets in a state-of-good-repair, 

4 including decision-support tools and invest5 ment prioritization methods; and 

6 ‘‘(iv) a description of changes in asset 

7 condition since the previous version of the 

8 plan. 

9 ‘‘(2) TRANSMITTAL.—Each entity described in 

10 paragraph (1) shall transmit to the Commission— 

11 ‘‘(A) not later than 2 years after the date 

12 of enactment of the Comprehensive Transpor13 tation and Consumer Protection Act of 2015, 

14 its Northeast Corridor asset management plan 

15 developed under paragraph (1); and 

16 ‘‘(B) at least biennial thereafter, an update 

17 to its Northeast Corridor asset management 

18 plan. 

19 ‘‘(d) NORTHEAST CORRIDOR SERVICE DEVELOP20 MENT PLAN UPDATES.—Not less frequently than once 

21 every 10 years, the Commission shall update the North22 east Corridor service development plan.’’. 

23 (2) CONFORMING AMENDMENTS.— 

24 (A) NOTE AND MORTGAGE.—Section 

25 24907(a) is amended by striking ‘‘section 


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1 24904 of this title’’ and inserting ‘‘section 

2 24903’’. 

3 (B) TABLE OF CONTENTS AMENDMENT.— 

4 The table of contents for chapter 249 is amend5 ed— 

6 (i) by redesignating the item relating 

7 to section 24904 as relating to section 

8 24903; and 

9 (ii) by inserting after the item relating 

10 to section 24903, as redesignated, the fol11 lowing: 

‘‘24904. Northeast Corridor planning.’’. 

12 (3) REPEAL.—Section 211 of the Passenger 

13 Rail Investment and Improvement Act of 2008 (divi14 sion B of Public Law 110–432; 49 U.S.C. 24902 

15 note) is repealed. 

16 SEC. 5309. NORTHEAST CORRIDOR THROUGH-TICKETING 

17 AND PROCUREMENT EFFICIENCIES. 

18 (a) THROUGH-TICKETING STUDY.— 

19 (1) IN GENERAL.—Not later than 3 years after 

20 the date of enactment of this Act, the Northeast 

21 Corridor Commission established under section 

22 24905(a) of title 49, United States Code (referred to 

23 in this section as the ‘‘Commission’’), in consultation 

24 with Amtrak and the commuter rail passenger trans25 portation providers along the Northeast Corridor 


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1 shall complete a study on the feasibility of and op2 tions for permitting through-ticketing between Am3 trak service and commuter rail services on the 

4 Northeast Corridor. 

5 (2) CONTENTS.—In completing the study under 

6 paragraph (1), the Northeast Corridor Commission 

7 shall— 

8 (A) examine the current state of intercity 

9 and commuter rail ticketing technologies, poli10 cies, and other relevant aspects on the North11 east Corridor; 

12 (B) consider and recommend technology, 

13 process, policy, or other options that would per14 mit through-ticketing to allow intercity and 

15 commuter rail passengers to purchase, in a sin16 gle transaction, travel that utilizes Amtrak and 

17 connecting commuter rail services; 

18 (C) consider options to expand through19 ticketing to include local transit services; 

20 (D) summarize costs, benefits, opportuni21 ties, and impediments to developing such 

22 through-ticketing options; and 

23 (E) develop a proposed methodology, in24 cluding cost and schedule estimates, for carVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 rying out a pilot program on through-ticketing 

2 on the Northeast Corridor. 

3 (3) REPORT.—Not later than 60 days after the 

4 date the study under paragraph (1) is complete, the 

5 Commission shall submit to the Committee on Com6 merce, Science, and Transportation of the Senate 

7 and the Committee on Transportation and Infra8 structure of the House of Representatives a report 

9 that includes— 

10 (A) the results of the study; and 

11 (B) any recommendations for further ac12 tion. 

13 (b) JOINT PROCUREMENT STUDY.— 

14 (1) IN GENERAL.—Not later than 3 years after 

15 the date of enactment of this Act, the Secretary, in 

16 cooperation with the Commission, Amtrak, and com17 muter rail transportation authorities on the North18 east Corridor shall complete a study of the potential 

19 benefits resulting from Amtrak and such authorities 

20 undertaking select joint procurements for common 

21 materials, assets, and equipment when expending 

22 Federal funds for such purchases. 

23 (2) CONTENTS.—In completing the study under 

24 paragraph (1), the Secretary shall consider— 


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1 (A) the types of materials, assets, and 

2 equipment that are regularly purchased by Am3 trak and such authorities that are similar and 

4 could be jointly procured; 

5 (B) the potential benefits of such joint pro6 curements, including lower procurement costs, 

7 better pricing, greater market relevancy, and 

8 other efficiencies; 

9 (C) the potential costs of such joint pro10 curements; 

11 (D) any significant impediments to under12 taking joint procurements, including any nec13 essary harmonization and reconciliation of Fed14 eral and State procurement or safety regula15 tions or standards and other requirements; and 

16 (E) whether to create Federal incentives or 

17 requirements relating to considering or carrying 

18 out joint procurements when expending Federal 

19 funds. 

20 (3) TRANSMISSION.—Not later than 60 days 

21 after completing the study required under this sub22 section, the Secretary shall submit to the Committee 

23 on Commerce, Science, and Transportation of the 

24 Senate and the Committee on Transportation and 


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1 Infrastructure of the House of Representatives a re2 port that includes— 

3 (A) the results of the study; and 

4 (B) any recommendations for further ac5 tion. 

6 (c) NORTHEAST CORRIDOR.—In this section, the 

7 term ‘‘Northeast Corridor’’ means the Northeast Corridor 

8 main line between Boston, Massachusetts, and the Vir9 ginia Avenue interlocking in the District of Columbia, and 

10 the Northeast Corridor branch lines connecting to Harris11 burg, Pennsylvania, Springfield, Massachusetts, and 

12 Spuyten Duyvil, New York, including the facilities and 

13 services used to operate and maintain those lines. 

14 SEC. 5310. DATA AND ANALYSIS. 

15 (a) DATA.—Not later than 3 years after the date of 

16 enactment of this Act, the Secretary, in consultation with 

17 the Surface Transportation Board, Amtrak, freight rail18 roads, State and local governments, and regional business, 

19 tourism and economic development agencies shall conduct 

20 a data needs assessment— 

21 (1) to support the development of an efficient 

22 and effective intercity passenger rail network; 

23 (2) to identify the data needed to conduct cost24 effective modeling and analysis for intercity pas25 senger rail development programs; 


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1 (3) to determine limitations to the data used 

2 for inputs; 

3 (4) to develop a strategy to address such limita4 tions; 

5 (5) to identify barriers to accessing existing 

6 data; 

7 (6) to develop recommendations regarding 

8 whether the authorization of additional data collec9 tion for intercity passenger rail travel is warranted; 

10 and 

11 (7) to determine which entities will be respon12 sible for generating or collecting needed data. 

13 (b) BENEFIT-COST ANALYSIS.—Not later than 180 

14 days after the date of enactment of this Act, the Secretary 

15 shall enhance the usefulness of assessments of benefits 

16 and costs, for intercity passenger rail and freight rail 

17 projects— 

18 (1) by providing ongoing guidance and training 

19 on developing benefit and cost information for rail 

20 projects; 

21 (2) by providing more direct and consistent re22 quirements for assessing benefits and costs across 

23 transportation funding programs, including the ap24 propriate use of discount rates; 


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1 (3) by requiring applicants to clearly commu2 nicate the methodology used to calculate the project 

3 benefits and costs, including non-proprietary infor4 mation on— 

5 (A) assumptions underlying calculations; 

6 (B) strengths and limitations of data used; 

7 and 

8 (C) the level of uncertainty in estimates of 

9 project benefits and costs; and 

10 (4) by ensuring that applicants receive clear 

11 and consistent guidance on values to apply for key 

12 assumptions used to estimate potential project bene13 fits and costs. 

14 (c) CONFIDENTIAL DATA.—The Secretary shall pro15 tect sensitive or confidential to the greatest extent per16 mitted by law. Nothing in this section shall require any 

17 entity to provide information to the Secretary in the ab18 sence of a voluntary agreement. 

19 SEC. 5311. DISASTER RELIEF. 

20 (a) MAJOR DISASTER ASSISTANCE PROGRAMS.—Sec21 tion 406(a) of the Robert T. Stafford Disaster Relief and 

22 Emergency Assistance Act (42 U.S.C. 5172(a)) is amend23 ed— 

24 (1) in paragraph (1)— 


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1 (A) in subparagraph (A), by striking 

2 ‘‘and’’ at the end; 

3 (B) in subparagraph (B), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(C) to entities that receive Federal Gov7 ernment grants to provide critical services for 

8 the repair, restoration, reconstruction, or re9 placement of infrastructure, facilities, and 

10 equipment that— 

11 ‘‘(i) are owned or operated for the 

12 purposes of providing critical services; and 

13 ‘‘(ii) are damaged or destroyed by a 

14 major disaster.’’; and 

15 (2) in paragraph (3)(B)— 

16 (A) by striking ‘‘this paragraph’’ and in17 serting ‘‘this subsection’’; and 

18 (B) by inserting ‘‘transportation,’’ after 

19 ‘‘education,’’. 

20 (b) DEBRIS REMOVAL.—Section 407(a)(2) of such 

21 Act (42 U.S.C. 5173(a)(2)) is amended by inserting ‘‘enti22 ty that receives Federal Government grants to provide 

23 critical services (as defined in section 5172(a)(3)(B))’’ 

24 after ‘‘government’’. 


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1 SEC. 5312. PERFORMANCE-BASED PROPOSALS. 

2 (a) SOLICITATION OF PROPOSALS.— 

3 (1) IN GENERAL.—Not later than 30 days after 

4 the date of enactment of this Act, the Secretary 

5 shall issue a request for proposals for projects for 

6 the financing, design, construction, operation, and 

7 maintenance of an intercity passenger rail system, 

8 including— 

9 (A) the Northeast Corridor; 

10 (B) the California Corridor; 

11 (C) the Empire Corridor; 

12 (D) the Pacific Northwest Corridor; 

13 (E) the South Central Corridor; 

14 (F) the Gulf Coast Corridor; 

15 (G) the Chicago Hub Network; 

16 (H) the Florida Corridor; 

17 (I) the Keystone Corridor; 

18 (J) the Northern New England Corridor; 

19 and 

20 (K) the Southeast Corridor. 

21 (2) SUBMISSION.—Proposals shall be submitted 

22 to the Secretary not later than 180 days after the 

23 publication of such request for proposals under para24 graph (1). 

25 (3) PERFORMANCE STANDARD.—Proposals sub26 mitted under paragraph (2) shall meet any standVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 ards established by the Secretary. For corridors with 

2 existing intercity passenger rail service, proposals 

3 shall also be designed to achieve a reduction of exist4 ing minimum intercity rail service trip times between 

5 the main corridor city pairs by a minimum of 25 

6 percent. In the case of a proposal submitted with re7 spect to paragraph (1)(A), the proposal shall be de8 signed to achieve a 2-hour or less express service be9 tween Washington, District of Columbia, and New 

10 York City, New York. 

11 (4) CONTENTS.—A proposal submitted under 

12 this subsection shall include— 

13 (A) the names and qualifications of the 

14 persons submitting the proposal and the entities 

15 proposed to finance, design, construct, operate, 

16 and maintain the railroad, railroad equipment, 

17 and related facilities, stations, and infrastruc18 ture; 

19 (B) a detailed description of the proposed 

20 rail service, including possible routes, required 

21 infrastructure investments and improvements, 

22 equipment needs and type, train frequencies, 

23 peak and average operating speeds, and trip 

24 times; 


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1 (C) a description of how the project would 

2 comply with all applicable Federal rail safety 

3 and security laws, orders, and regulations; 

4 (D) the locations of proposed stations, 

5 which maximize the usage of existing infra6 structure to the extent possible, and the popu7 lations such stations are intended to serve; 

8 (E) the type of equipment to be used, in9 cluding any technologies, to achieve trip time 

10 goals; 

11 (F) a description of any proposed legisla12 tion needed to facilitate all aspects of the 

13 project; 

14 (G) a financing plan identifying— 

15 (i) projected revenue, and sources 

16 thereof; 

17 (ii) the amount of any requested pub18 lic contribution toward the project, and 

19 proposed sources; 

20 (iii) projected annual ridership projec21 tions for the first 10 years of operations; 

22 (iv) annual operations and capital 

23 costs; 

24 (v) the projected levels of capital in25 vestments required both initially and in 


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1 subsequent years to maintain a state-of2 good-repair necessary to provide the ini3 tially proposed level of service or higher 

4 levels of service; 

5 (vi) projected levels of private invest6 ment and sources thereof, including the 

7 identity of any person or entity that has 

8 made or is expected to make a commit9 ment to provide or secure funding and the 

10 amount of such commitment; and 

11 (vii) projected funding for the full fair 

12 market compensation for any asset, prop13 erty right or interest, or service acquired 

14 from, owned, or held by a private person or 

15 Federal entity that would be acquired, im16 paired, or diminished in value as a result 

17 of a project, except as otherwise agreed to 

18 by the private person or entity; 

19 (H) a description of how the project would 

20 contribute to the development of the intercity 

21 passenger rail system and an intermodal plan 

22 describing how the system will facilitate conven23 ient travel connections with other transpor24 tation services; 


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1 (I) a description of how the project will en2 sure compliance with Federal laws governing 

3 the rights and status of employees associated 

4 with the route and service, including those spec5 ified in section 24405 of title 49, United States 

6 Code; 

7 (J) a description of how the design, con8 struction, implementation, and operation of the 

9 project will accommodate and allow for future 

10 growth of existing and projected intercity, com11 muter, and freight rail service; 

12 (K) a description of how the project would 

13 comply with Federal and State environmental 

14 laws and regulations, of what environmental im15 pacts would result from the project, and of how 

16 any adverse impacts would be mitigated; and 

17 (L) a description of the project’s impacts 

18 on highway and aviation congestion, energy 

19 consumption, land use, and economic develop20 ment in the service area. 

21 (b) DETERMINATION AND ESTABLISHMENT OF COM22 MISSIONS.—Not later than 90 days after receipt of the 

23 proposals under subsection (a), the Secretary shall— 

24 (1) make a determination as to whether any 

25 such proposals— 


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1 (A) contain the information required under 

2 paragraphs (3) and (4) of subsection (a); 

3 (B) are sufficiently credible to warrant fur4 ther consideration; 

5 (C) are likely to result in a positive impact 

6 on the Nation’s transportation system; and 

7 (D) are cost-effective and in the public in8 terest; 

9 (2) establish a commission under subsection (c) 

10 for each corridor with 1 or more proposals that the 

11 Secretary determines satisfy the requirements of 

12 paragraph (1); and 

13 (3) forward to each commission established 

14 under paragraph (2) the applicable proposals for re15 view and consideration. 

16 (c) COMMISSIONS.— 

17 (1) MEMBERS.—Each commission established 

18 under subsection (b)(2) shall include— 

19 (A) the governors of the affected States, or 

20 their respective designees; 

21 (B) mayors of appropriate municipalities 

22 with stops along the proposed corridor, or their 

23 respective designees; 


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1 (C) a representative from each freight rail2 road carrier using the relevant corridor, if ap3 plicable; 

4 (D) a representative from each transit au5 thority using the relevant corridor, if applicable; 

6 (E) representatives of nonprofit employee 

7 labor organizations representing affected rail8 road employees; and 

9 (F) the President of Amtrak or his or her 

10 designee. 

11 (2) APPOINTMENT AND SELECTION.—The Sec12 retary shall appoint the members under paragraph 

13 (1). In selecting each commission’s members to ful14 fill the requirements under subparagraphs (B) and 

15 (E) of paragraph (1), the Secretary shall consult 

16 with the Chairperson and Ranking Member of the 

17 Committee on Commerce, Science, and Transpor18 tation of the Senate and of the Committee on Trans19 portation and Infrastructure of the House of Rep20 resentatives. 

21 (3) CHAIRPERSON AND VICE-CHAIRPERSON SE22 LECTION.—The Chairperson and Vice-Chairperson 

23 shall be elected from among members of each com24 mission. 

25 (4) QUORUM AND VACANCY.— 


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1 (A) QUORUM.—A majority of the members 

2 of each commission shall constitute a quorum. 

3 (B) VACANCY.—Any vacancy in each com4 mission shall not affect its powers and shall be 

5 filled in the same manner in which the original 

6 appointment was made. 

7 (5) APPLICATION OF LAW.—Except where oth8 erwise provided by this section, the Federal Advisory 

9 Committee Act (5 U.S.C. App.) shall apply to each 

10 commission created under this section. 

11 (d) COMMISSION CONSIDERATION.— 

12 (1) IN GENERAL.—Each commission established 

13 under subsection (b)(2) shall be responsible for re14 viewing the proposal or proposals forwarded to it 

15 under that subsection and not later than 90 days 

16 after the establishment of the commission, shall 

17 transmit to the Secretary a report, including— 

18 (A) a summary of each proposal received; 

19 (B) services to be provided under each pro20 posal, including projected ridership, revenues, 

21 and costs; 

22 (C) proposed public and private contribu23 tions for each proposal; 

24 (D) the advantages offered by the proposal 

25 over existing intercity passenger rail services; 


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1 (E) public operating subsidies or assets 

2 needed for the proposed project; 

3 (F) possible risks to the public associated 

4 with the proposal, including risks associated 

5 with project financing, implementation, comple6 tion, safety, and security; 

7 (G) a ranked list of the proposals rec8 ommended for further consideration under sub9 section (e) in accordance with each proposal’s 

10 projected positive impact on the Nation’s trans11 portation system; 

12 (H) an identification of any proposed Fed13 eral legislation that would facilitate implemen14 tation of the projects and Federal legislation 

15 that would be required to implement the 

16 projects; and 

17 (I) any other recommendations by the com18 mission concerning the proposed projects. 

19 (2) VERBAL PRESENTATION.—Proposers shall 

20 be given an opportunity to make a verbal presen21 tation to the commission to explain their proposals. 

22 (3) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated to the Sec24 retary for the use of each commission established 


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1 under subsection (b)(2) such sums as are necessary 

2 to carry out this section. 

3 (e) SELECTION BY SECRETARY.— 

4 (1) IN GENERAL.—Not later than 60 days after 

5 receiving the recommended proposals of the commis6 sions established under subsection (b)(2), the Sec7 retary shall— 

8 (A) review such proposals and select any 

9 proposal that provides substantial benefits to 

10 the public and the national transportation sys11 tem, is cost-effective, offers significant advan12 tages over existing services, and meets other 

13 relevant factors determined appropriate by the 

14 Secretary; and 

15 (B) submit to the Committee on Com16 merce, Science, and Transportation of the Sen17 ate and the Committee on Transportation and 

18 Infrastructure of the House of Representatives 

19 a report containing any proposal with respect to 

20 subsection (a)(1)(A) that is selected by the Sec21 retary under subparagraph (A) of this para22 graph, all the information regarding the pro23 posal provided to the Secretary under sub24 section (d), and any other information the Sec25 retary considers relevant. 


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1 (2) SUBSEQUENT REPORT.—Following the sub2 mission of the report under paragraph (1)(B), the 

3 Secretary shall submit to the Committee on Com4 merce, Science, and Transportation of the Senate 

5 and the Committee on Transportation and Infra6 structure of the House of Representatives a report 

7 containing any proposal with respect to subpara8 graphs (B) through (K) of subsection (a)(1) that are 

9 selected by the Secretary under paragraph (1) of 

10 this subsection, all the information regarding the 

11 proposal provided to the Secretary under subsection 

12 (d), and any other information the Secretary con13 siders relevant. 

14 (3) LIMITATION ON REPORT SUBMISSION.—The 

15 report required under paragraph (2) shall not be 

16 submitted by the Secretary until the report sub17 mitted under paragraph (1)(B) has been considered 

18 through a hearing by the Committee on Commerce, 

19 Science, and Transportation of the Senate and the 

20 Committee on Transportation and Infrastructure of 

21 the House of Representatives on the report sub22 mitted under paragraph (1)(B). 

23 (f) NO ACTIONS WITHOUT ADDITIONAL AUTHOR24 ITY.—No Federal agency may take any action to imple25 ment, establish, facilitate, or otherwise act upon any proVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 posal submitted under this section, other than those ac2 tions specifically authorized by this section, without ex3 plicit statutory authority enacted after the date of enact4 ment of this Act. 

5 (g) DEFINITIONS.—In this section: 

6 (1) INTERCITY PASSENGER RAIL.—The term 

7 ‘‘intercity passenger rail’’ means intercity rail pas8 senger transportation as defined in section 24102 of 

9 title 49, United States Code. 

10 (2) STATE.—The term ‘‘State’’ means any of 

11 the 50 States or the District of Columbia. 

12 SEC. 5313. AMTRAK INSPECTOR GENERAL. 

13 (a) AUTHORITY.— 

14 (1) IN GENERAL.—The Inspector General of 

15 Amtrak shall have the authority available to other 

16 Inspectors General, as necessary in carrying out the 

17 duties specified in the Inspector General Act of 1978 

18 (5 U.S.C. App.), to investigate any alleged violation 

19 of sections 286, 287, 371, 641, 1001, 1002, and 

20 1516 of title 18, United States Code. 

21 (2) AGENCY.—For purposes of sections 286, 

22 287, 371, 641, 1001, 1002, and 1516 of title 18, 

23 United States Code, Amtrak and the Amtrak Office 

24 of Inspector General, shall be considered a corporaVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 tion in which the United States has a proprietary in2 terest as set forth in section 6 of that title. 

3 (b) ASSESSMENT.—The Inspector General of Amtrak 

4 shall— 

5 (1) not later than 60 days after the date of en6 actment of this Act, initiate an assessment to deter7 mine whether current expenditures or procurements 

8 involving Amtrak’s fulfillment of the Americans with 

9 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 

10 utilize competitive, market-driven provisions that are 

11 applicable throughout the entire term of such related 

12 expenditures or procurements; and 

13 (2) not later than 6 months after the date of 

14 enactment of this Act, transmit to the Committee on 

15 Commerce, Science, and Transportation of the Sen16 ate and the Committee on Transportation and Infra17 structure of the House of Representatives the as18 sessment under paragraph (1). 

19 (c) LIMITATION.—The authority provided by sub20 sections (a) and (b) shall be effective only with respect 

21 to a fiscal year for which Amtrak receives a Federal sub22 sidy. 

23 SEC. 5314. MISCELLANEOUS PROVISIONS. 

24 (a) TITLE 49 AMENDMENTS.— 


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1 (1) CONTINGENT INTEREST RECOVERIES.—Sec2 tion 22106(b) is amended by striking ‘‘interest 

3 thereof’’ and inserting ‘‘interest thereon’’. 

4 (2) AUTHORITY.—Section 22702(b)(4) is 

5 amended by striking ‘‘5 years for reapproval by the 

6 Secretary’’ and inserting ‘‘4 years for acceptance by 

7 the Secretary’’. 

8 (3) CONTENTS OF STATE RAIL PLANS.—Section 

9 22705(a) is amended by striking paragraph (12). 

10 (4) MISSION.—Section 24101(b) is amended by 

11 striking ‘‘of subsection (d)’’ and inserting ‘‘set forth 

12 in subsection (c)’’. 

13 (5) TABLE OF CONTENTS AMENDMENT.—The 

14 table of contents for chapter 243 is amended by 

15 striking the item relating to section 24316 and in16 serting the following: 

‘‘24316. Plans to address the needs of families of passengers involved in rail 

passenger accidents.’’. 

17 (6) UPDATE.—Section 24305(f)(3) is amended 

18 by striking ‘‘$1,000,000’’ and inserting 

19 ‘‘$5,000,000’’. 

20 (7) AMTRAK.—Chapter 247 is amended— 

21 (A) in section 24702(a), by striking ‘‘not 

22 included in the national rail passenger transpor23 tation system’’; 

24 (B) in section 24706— 


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1 (i) in subsection (a)— 

2 (I) in paragraph (1), by striking 

3 ‘‘a discontinuance under section 

4 24704 or or’’; and 

5 (II) in paragraph (2), by striking 

6 ‘‘section 24704 or’’; and 

7 (ii) in subsection (b), by striking ‘‘sec8 tion 24704 or’’; and 

9 (C) in section 24709, by striking ‘‘The 

10 Secretary of the Treasury and the Attorney 

11 General,’’ and inserting ‘‘The Secretary of 

12 Homeland Security,’’. 

13 (b) PASSENGER RAIL INVESTMENT AND IMPROVE14 MENT ACT AMENDMENTS.—Section 305(a) of the Pas15 senger Rail Investment and Improvement Act of 2008 (49 

16 U.S.C. 24101 note) is amended by inserting ‘‘nonprofit 

17 organizations representing employees who perform over18 haul and maintenance of passenger railroad equipment,’’ 

19 after ‘‘equipment manufacturers,’’. 

20 Subtitle D—Rail Safety 

21 PART I—SAFETY IMPROVEMENT 

22 SEC. 5401. HIGHWAY-RAIL GRADE CROSSING SAFETY. 

23 (a) MODEL STATE HIGHWAY-RAIL GRADE CROSSING

24 ACTION PLAN.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary 

3 shall develop a model of a State-specific highway-rail 

4 grade crossing action plan and distribute the model 

5 plan to each State. 

6 (2) CONTENTS.—The plan developed under 

7 paragraph (1) shall include— 

8 (A) methodologies, tools, and data sources 

9 for identifying and evaluating highway-rail 

10 grade crossing safety risks, including the public 

11 safety risks posed by blocked highway-rail grade 

12 crossings due to idling trains; 

13 (B) best practices to reduce the risk of 

14 highway-rail grade crossing accidents or inci15 dents and to alleviate the blockage of highway16 rail grade crossings due to idling trains, includ17 ing strategies for— 

18 (i) education, including model stake19 holder engagement plans or tools; 

20 (ii) engineering, including the benefits 

21 and costs of different designs and tech22 nologies used to mitigate highway-rail 

23 grade crossing safety risks; and 


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1 (iii) enforcement, including the 

2 strengths and weaknesses associated with 

3 different enforcement methods; 

4 (C) for each State, a customized list and 

5 data set of the highway-rail grade crossing acci6 dents or incidents in that State over the past 3 

7 years, including the location, number of deaths, 

8 and number of injuries for each accident or in9 cident; and 

10 (D) contact information of a Department 

11 of Transportation safety official available to as12 sist the State in adapting the model plan to sat13 isfy the requirements under subsection (b). 

14 (b) STATE HIGHWAY-RAIL GRADE CROSSING ACTION

15 PLANS.— 

16 (1) REQUIREMENTS.—Not later than 18 

17 months after the Secretary develops and distributes 

18 the model plan under subsection (a), the Secretary 

19 shall promulgate a rule that requires— 

20 (A) each State, except the 10 States iden21 tified under section 202 of the Rail Safety Im22 provement Act of 2008 (49 U.S.C. 22501 note), 

23 to develop and implement a State highway-rail 

24 grade crossing action plan; and 


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1 (B) each State that was identified under 

2 section 202 of the Rail Safety Improvement Act 

3 of 2008 (49 U.S.C. 22501 note), to update its 

4 State action plan under that section and submit 

5 to the Secretary the updated State action plan 

6 and a report describing what the State did to 

7 implement its previous State action plan under 

8 that section and how it will continue to reduce 

9 highway-rail grade crossing safety risks. 

10 (2) CONTENTS.—Each State plan required 

11 under this subsection shall— 

12 (A) identify highway-rail grade crossings 

13 that have experienced recent highway-rail grade 

14 crossing accidents or incidents, or are at high 

15 risk for accidents or incidents; 

16 (B) identify specific strategies for improv17 ing safety at highway-rail grade crossings, in18 cluding highway-rail grade crossing closures or 

19 grade separations; and 

20 (C) designate a State official responsible 

21 for managing implementation of the State plan 

22 under subparagraph (A) or (B) of paragraph 

23 (1), as applicable. 

24 (3) ASSISTANCE.—The Secretary shall provide 

25 assistance to each State in developing and carrying 


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1 out, as appropriate, the State plan under this sub2 section. 

3 (4) PUBLIC AVAILABILITY.—Each State shall 

4 submit its final State plan under this subsection to 

5 the Secretary for publication. The Secretary shall 

6 make each approved State plan publicly available on 

7 an official Internet Web site. 

8 (5) CONDITIONS.—The Secretary may condition 

9 the awarding of a grant to a State under chapter 

10 244 of title 49, United States Code, on that State 

11 submitting an acceptable State plan under this sub12 section. 

13 (6) REVIEW OF ACTION PLANS.—Not later than 

14 60 days after the date of receipt of a State plan 

15 under this subsection, the Secretary shall— 

16 (A) if the State plan is approved, notify 

17 the State and publish the State plan under 

18 paragraph (4); and 

19 (B) if the State plan is incomplete or defi20 cient, notify the State of the specific areas in 

21 which the plan is deficient and allow the State 

22 to complete the plan or correct the deficiencies 

23 and resubmit the plan under paragraph (1). 

24 (7) DEADLINE.—Not later than 60 days after 

25 the date of a notice under paragraph (6)(B), a State 


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1 shall complete the plan or correct the deficiencies 

2 and resubmit the plan. 

3 (8) FAILURE TO COMPLETE OR CORRECT

4 PLAN.—If a State fails to meet the deadline under 

5 paragraph (7), the Secretary shall post on the Web 

6 site under paragraph (4) a notice that the State has 

7 an incomplete or deficient highway-rail grade cross8 ing action plan. 

9 (c) RAILWAY-HIGHWAY CROSSINGS FUNDS.—The 

10 Secretary may use funds made available to carry out sec11 tion 130 of title 23, United States Code, to provide States 

12 with funds to develop a State highway-rail grade crossing 

13 action plan under subsection (b)(1)(A) of this section or 

14 to update a State action plan under subsection (b)(1)(B) 

15 of this section. 

16 (d) DEFINITIONS.—In this section: 

17 (1) HIGHWAY-RAIL GRADE CROSSING.—The 

18 term ‘‘highway-rail grade crossing’’ means a location 

19 within a State, other than a location where 1 or 

20 more railroad tracks cross 1 or more railroad tracks 

21 at grade where— 

22 (A) a public highway, road, or street, or a 

23 private roadway, including associated sidewalks 

24 and pathways, crosses 1 or more railroad tracks 

25 either at grade or grade-separated; or 


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1 (B) a pathway explicitly authorized by a 

2 public authority or a railroad carrier that is 

3 dedicated for the use of non-vehicular traffic, 

4 including pedestrians, bicyclists, and others, 

5 that is not associated with a public highway, 

6 road, or street, or a private roadway, crosses 1 

7 or more railroad tracks either at grade or 

8 grade-separated. 

9 (2) STATE.—The term ‘‘State’’ means a State 

10 of the United States or the District of Columbia. 

11 SEC. 5402. CONFIDENTIAL CLOSE CALL REPORTING SYS12 TEM. 

13 (a) IN GENERAL.—Not later than 3 years after the 

14 date of enactment of this Act, the Secretary shall promul15 gate a rule to encourage and facilitate the voluntary par16 ticipation of railroad carriers, railroad carrier contractors, 

17 and employees of railroad carriers or railroad carrier con18 tractors (including any non-profit labor organizations rep19 resenting a class or craft of directly affected employees 

20 of railroads carriers or railroad carrier contractors) in a 

21 confidential close call reporting system. 

22 (b) PROGRAM ELEMENTS.— 

23 (1) IN GENERAL.—The Secretary shall use any 

24 information and experience gathered through re25 search and pilot programs on confidential close call 


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1 reporting systems in developing a rule for the vol2 untary adoption of confidential close call reporting 

3 system programs under this section. 

4 (2) RULEMAKING.— 

5 (A) IN GENERAL.—Each confidential close 

6 call reporting system program shall be designed 

7 to improve railroad safety by facilitating greater 

8 collection and analysis of reports that describe 

9 unsafe conditions and events in the railroad in10 dustry, as reported voluntarily and confiden11 tially by employees. 

12 (B) REQUIREMENTS.—The rule shall 

13 specify— 

14 (i) the use of independent third par15 ties for the collection of close call reports, 

16 de-identification of data, and distribution 

17 of close call data; 

18 (ii) the criteria for participating vol19 untarily in the confidential close call re20 porting system; 

21 (iii) the criteria for accepting con22 fidential close call reports; 

23 (iv) the appropriate use and protec24 tion, including the information protections 

25 described in subsection (d), of peer review 


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1 teams and participation of the Secretary’s 

2 representatives; 

3 (v) the relief from specific railroad 

4 safety regulatory provisions and the condi5 tions under which the relief will and will 

6 not be granted; and 

7 (vi) the appropriate use and protec8 tion, including the information protections 

9 described in subsection (d), of confidential 

10 data generated under voluntary participa11 tion in the confidential close call reporting 

12 system. 

13 (c) PROGRAM DEVELOPMENT.— 

14 (1) IN GENERAL.—A railroad carrier voluntarily 

15 participating in a confidential close call reporting 

16 system program, pursuant to program elements con17 tained in the final rule promulgated under sub18 section (b) and in collaboration with the Secretary, 

19 railroad carrier contractors (as appropriate), and 

20 employees of railroad carriers or railroad carrier 

21 contractors (including any non-profit labor organiza22 tion representing a class or craft of directly affected 

23 employees of railroad carriers or railroad carrier 

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1 upon terms for participation in the confidential close 

2 call reporting system. 

3 (2) SIGNATURES REQUIRED.—An implementing 

4 memorandum of understanding under paragraph (1) 

5 shall be signed by— 

6 (A) the Secretary or the Secretary’s des7 ignee; 

8 (B) the participating railroad carrier or 

9 the representative thereof; 

10 (C) if appropriate, each participating rail11 road carrier contractor or the representative 

12 thereof; and 

13 (D) the participating employees and con14 tractors or the representative thereof (such as 

15 1 or more non-profit labor organizations rep16 resenting a class or craft of directly affected 

17 employees of the railroad carrier or railroad 

18 carrier contractor). 

19 (d) INFORMATION PROTECTION.— 

20 (1) IN GENERAL.—For a confidential close call 

21 reporting system program established through an 

22 implementing memorandum of understanding de23 scribed in subsection (c), the rule shall include provi24 sions that withhold from discovery or admission into 

25 evidence (in a Federal or State court proceeding for 


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1 damages involving personal injury, wrongful death, 

2 or property damage against a railroad carrier or 

3 railroad carrier contractor) any plan, document, re4 port, survey, schedule, list, or data compiled or col5 lected for the sole purpose of developing, evaluating, 

6 planning, or implementing a confidential close call 

7 reporting system program, including a railroad car8 rier’s analysis of its close calls or near misses. 

9 (2) RETROACTIVE APPLICATIONS.—With regard 

10 to a voluntary confidential close call reporting sys11 tem that was in effect prior to the date of final rule 

12 under subsection (a), the Secretary— 

13 (A) shall allow the parties participating in 

14 that system to sign a new or revised imple15 menting memorandum of understanding that 

16 prospectively entitles the parties to the informa17 tion protections under paragraph (1); and 

18 (B) may retroactively apply the informa19 tion protections under paragraph (1) to any in20 formation and analyses that was generated 

21 under that system prior to the date of the final 

22 rule. 

23 (3) CONFIDENTIALITY.—For a confidential 

24 close call reporting system program established 

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1 standing described in subsection (c), the Secretary 

2 shall ensure that the Department of Transportation 

3 and any entity collecting close call reports, de-identi4 fying data, or distributing close call data provide the 

5 same level of confidentiality as contained in the Con6 fidential Information Protection and Statistical Effi7 ciency Act of 2002 (44 U.S.C. 3501 note), as ad8 ministered by the Bureau of Transportation Statis9 tics. 

10 (e) SAVINGS CLAUSE.—Nothing in this section 

11 shall— 

12 (1) require a railroad carrier to adopt a con13 fidential close call reporting system program; 

14 (2) prohibit a railroad carrier from voluntarily 

15 adopting a confidential close call reporting system 

16 program outside of the rulemaking framework; and 

17 (3) require the Secretary to develop a confiden18 tial close call reporting system program with a rail19 road carrier, a railroad carrier contractor, employees 

20 of the railroad carrier or railroad carrier contractor, 

21 or any non-profit labor organizations representing a 

22 class or craft of employees of a railroad carrier or 

23 a railroad carrier contractor. 


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1 (f) DEFINITION OF RAILROAD CARRIER.—In this 

2 section, the term ‘‘railroad carrier’’ has the meaning given 

3 the term in section 20102 of title 49, United States Code. 

4 (g) ADDITIONAL INFORMATION PROTECTIONS.—Sec5 tion 20118 is amended— 

6 (1) in subsection (a)— 

7 (A) in the matter preceding paragraph 

8 (1)— 

9 (i) by inserting ‘‘, confidential close 

10 call reporting system program,’’ after 

11 ‘‘safety risk reduction program’’; and 

12 (ii) by inserting ‘‘pursuant to section 

13 552(b)(3) of that title,’’ after ‘‘section 552 

14 of title 5’’; 

15 (B) in paragraph (1), by inserting ‘‘, con16 fidential close call reporting system program,’’ 

17 after ‘‘safety risk reduction program’’; and 

18 (C) in paragraph (2), by inserting ‘‘, con19 fidential close call reporting system program,’’ 

20 after ‘‘safety risk reduction program’’; 

21 (2) in subsection (b), by inserting ‘‘, confiden22 tial close call reporting system program,’’ after 

23 ‘‘safety risk reduction program’’; and 

24 (3) in subsection (c), by inserting ‘‘, of any in25 formation or analyses generated as part of a conVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 fidential close call reporting system program,’’ after 

2 ‘‘risk mitigation analyses’’. 

3 SEC. 5403. SPEED LIMIT ACTION PLANS. 

4 (a) IN GENERAL.—Not later than 90 days after the 

5 date of enactment of this Act, each railroad carrier pro6 viding intercity rail passenger transportation or commuter 

7 rail passenger transportation, in consultation with any ap8 plicable host railroad carrier, shall survey its entire system 

9 and identify each main track location where there is a re10 duction of more than 20 miles per hour from the approach 

11 speed to a curve or bridge and the maximum authorized 

12 operating speed for passenger trains at that curve or 

13 bridge. 

14 (b) ACTION PLANS.—Not later than 120 days after 

15 the date that the survey under subsection (a) is complete, 

16 a rail passenger carrier shall submit to the Secretary an 

17 action plan that— 

18 (1) identifies each main track location where 

19 there is a reduction of more than 20 miles per hour 

20 from the approach speed to a curve or bridge and 

21 the maximum authorized operating speed for pas22 senger trains at that curve or bridge; 

23 (2) describes appropriate actions, including 

24 modification to automatic train control systems, if 

25 applicable, other signal systems, increased crew size, 


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1 improved signage, or other practices, including in2 creased crew communication, to enable warning and 

3 enforcement of the maximum authorized speed for 

4 passenger trains at each location identified under 

5 paragraph (1); 

6 (3) contains milestones and target dates for im7 plementing each appropriate action described under 

8 paragraph (2); and 

9 (4) ensures compliance with the maximum au10 thorized speed at each location identified under 

11 paragraph (1). 

12 (c) APPROVAL.—Not later than 90 days after the 

13 date an action plan is submitted under subsection (a), the 

14 Secretary shall approve, approve with conditions, or dis15 approve the action plan. 

16 (d) ALTERNATIVE SAFETY MEASURES.—The Sec17 retary may exempt from the requirements of this section 

18 each segment of track for which operations are governed 

19 by a positive train control system certified under section 

20 20157 of title 49, United States Code, or any other safety 

21 technology or practice that would achieve an equivalent 

22 or greater level of safety in reducing derailment risk. 

23 (e) REPORT.—Not later than 6 months after the date 

24 of the enactment of this Act, the Secretary shall submit 

25 a report to the Committee on Commerce, Science, and 


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1 Transportation of the Senate and the Committee on 

2 Transportation and Infrastructure of the House of Rep3 resentatives that describes— 

4 (1) the actions the railroad carriers have taken 

5 in response to Safety Advisory 2013–08, entitled 

6 ‘‘Operational Tests and Inspections for Compliance 

7 With Maximum Authorized Train Speeds and Other 

8 Speed Restrictions’’; 

9 (2) the actions the railroad carriers have taken 

10 in response to Safety Advisory 2015–03, entitled 

11 ‘‘Operational and Signal Modifications for Compli12 ance with Maximum Authorized Passenger Train 

13 Speeds and Other Speed Restrictions’’; and 

14 (3) the actions the Federal Railroad Adminis15 tration has taken to evaluate or incorporate the in16 formation and findings arising from the safety 

17 advisories referred to in paragraphs (1) and (2) into 

18 the development of regulatory action and oversight 

19 activities. 

20 (f) SAVINGS CLAUSE.—Nothing in this section shall 

21 prohibit the Secretary from applying the requirements of 

22 this section to other segments of track at high risk of over23 speed derailment. 


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1 SEC. 5404. SIGNAGE. 

2 (a) IN GENERAL.—The Secretary shall promulgate 

3 such regulations as the Secretary considers necessary to 

4 require each railroad carrier providing intercity rail pas5 senger transportation or commuter rail passenger trans6 portation, in consultation with any applicable host railroad 

7 carrier, to install signs to warn train crews before the 

8 train approaches a location that the Secretary identifies 

9 as having high risk of overspeed derailment. 

10 (b) ALTERNATIVE SAFETY MEASURES.—The Sec11 retary may exempt from the requirements of this section 

12 each segment of track for which operations are governed 

13 by a positive train control system certified under section 

14 20157 of title 49, United States Code, or any other safety 

15 technology or practice that would achieve an equivalent 

16 or greater level of safety in reducing derailment risk. 

17 SEC. 5405. ALERTERS. 

18 (a) IN GENERAL.—The Secretary shall promulgate a 

19 rule to require a working alerter in the controlling loco20 motive of each passenger train in intercity rail passenger 

21 transportation (as defined in section 24102 of title 49, 

22 United States Code) or commuter rail passenger transpor23 tation (as defined in section 24102 of title 49, United 

24 States Code). 

25 (b) RULEMAKING.— 


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1 (1) IN GENERAL.—The Secretary may promul2 gate a rule to specify the essential functionalities of 

3 a working alerter, including the manner in which the 

4 alerter can be reset. 

5 (2) ALTERNATE PRACTICE OR TECHNOLOGY.— 

6 The Secretary may require or allow a technology or 

7 practice in lieu of a working alerter if the Secretary 

8 determines that the technology or practice would 

9 achieve an equivalent or greater level of safety in en10 hancing or ensuring appropriate locomotive control. 

11 SEC. 5406. SIGNAL PROTECTION. 

12 (a) IN GENERAL.—The Secretary shall promulgate 

13 regulations to require, not later than 18 months after the 

14 date of the enactment of this Act, that on-track safety 

15 regulations, whenever practicable and consistent with 

16 other safety requirements and operational considerations, 

17 include requiring implementation of redundant signal pro18 tection, such as shunting or other practices and tech19 nologies that achieve an equivalent or greater level of safe20 ty, for maintenance-of-way work crews who depend on a 

21 train dispatcher to provide signal protection. 

22 (b) ALTERNATIVE SAFETY MEASURES.—The Sec23 retary may exempt from the requirements of this section 

24 each segment of track for which operations are governed 

25 by a positive train control system certified under section 


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1 20157 of title 49, United States Code, or any other safety 

2 technology or practice that would achieve an equivalent 

3 or greater level of safety in providing additional signal pro4 tection. 

5 SEC. 5407. TECHNOLOGY IMPLEMENTATION PLANS. 

6 Section 20156(e) is amended— 

7 (1) in paragraph (4)— 

8 (A) in subparagraph (A), by striking 

9 ‘‘and’’ at the end; and 

10 (B) in subparagraph (B), by striking the 

11 period at the end and inserting ‘‘; and’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(C) each railroad carrier required to sub14 mit such a plan, until the implementation of a 

15 positive train control system by the railroad 

16 carrier, shall analyze and, as appropriate, 

17 prioritize technologies and practices to mitigate 

18 the risk of overspeed derailments.’’. 

19 SEC. 5408. COMMUTER RAIL TRACK INSPECTIONS. 

20 (a) IN GENERAL.—The Secretary shall evaluate track 

21 inspection regulations to determine if a railroad carrier 

22 providing commuter rail passenger transportation on high 

23 density commuter railroad lines should be required to in24 spect the lines in the same manner as currently required 

25 for other commuter railroad lines. 


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1 (b) RULEMAKING.—Considering safety, including 

2 railroad carrier employee and contractor safety, and sys3 tem capacity, the Secretary may promulgate a rule for 

4 high density commuter railroad lines. If, after the evalua5 tion under subsection (a), the Secretary determines that 

6 it is necessary to promulgate a rule, the Secretary shall 

7 specifically consider the following regulatory requirements 

8 for high density commuter railroad lines: 

9 (1) At least once every 2 weeks— 

10 (A) traverse each main line by vehicle; or 

11 (B) inspect each main line on foot. 

12 (2) At least once each month, traverse and in13 spect each siding by vehicle or by foot. 

14 (c) REPORT.—If, after the evaluation under sub15 section (a), the Secretary determines it is not necessary 

16 to revise the regulations under this section, the Secretary, 

17 not later than 18 months after the date of enactment of 

18 this Act, shall transmit a report to the Committee on 

19 Commerce, Science, and Transportation of the Senate and 

20 the Committee on Transportation and Infrastructure of 

21 the House of Representatives explaining the reasons for 

22 not revising the regulations. 

23 (d) CONSTRUCTION.—Nothing in this section may be 

24 construed to limit the authority of the Secretary to pro25 mulgate regulations or issue orders under any other law. 


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1 SEC. 5409. EMERGENCY RESPONSE. 

2 (a) IN GENERAL.—The Secretary, in consultation 

3 with railroad carriers, shall conduct a study to determine 

4 whether limitations or weaknesses exist in the emergency 

5 response information carried by train crews transporting 

6 hazardous materials. 

7 (b) CONTENTS.—In conducting the study under sub8 section (a), the Secretary shall evaluate the differences be9 tween the emergency response information carried by train 

10 crews transporting hazardous materials and the emer11 gency response guidance provided in the Emergency Re12 sponse Guidebook issued by the Department of Transpor13 tation. 

14 (c) REPORT.—Not later than 1 year after the date 

15 of enactment of this Act, the Secretary shall transmit to 

16 the Committee on Commerce, Science, and Transportation 

17 of the Senate and the Committee on Transportation and 

18 Infrastructure of the House of Representatives a report 

19 of the findings of the study under subsection (a) and any 

20 recommendations for legislative action. 

21 SEC. 5410. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS. 

22 (a) IN GENERAL.—The Secretary, in consultation 

23 with railroad carriers, shall conduct a study— 

24 (1) to determine whether limitations or weak25 nesses exist regarding the availability and usefulness 


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1 for safety purposes of data on private highway-rail 

2 grade crossings; and 

3 (2) to evaluate existing engineering practices on 

4 private highway-rail grade crossings. 

5 (b) CONTENTS.—In conducting the study under sub6 section (a), the Secretary shall make recommendations as 

7 necessary to improve— 

8 (1) the utility of the data on private highway9 rail grade crossings; and 

10 (2) the implementation of private highway-rail 

11 crossing safety measures, including signage and 

12 warning systems. 

13 (c) REPORT.—Not later than 1 year after the date 

14 of enactment of this Act, the Secretary shall transmit to 

15 the Committee on Commerce, Science, and Transportation 

16 of the Senate and the Committee on Transportation and 

17 Infrastructure of the House of Representatives a report 

18 of the findings of the study and any recommendations for 

19 further action. 

20 SEC. 5411. REPAIR AND REPLACEMENT OF DAMAGED 

21 TRACK INSPECTION EQUIPMENT. 

22 (a) IN GENERAL.—Subchapter I of chapter 201 is 

23 amended by inserting after section 20120 the following: 


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1 ‘‘§ 20121. Repair and replacement of damaged track 

2 inspection equipment 

3 ‘‘The Secretary of Transportation may receive and 

4 expend cash, or receive and utilize spare parts and similar 

5 items, from non-United States Government sources to re6 pair damages to or replace United States Government 

7 owned automated track inspection cars and equipment as 

8 a result of third-party liability for such damages, and any 

9 amounts collected under this section shall be credited di10 rectly to the Railroad Safety and Operations account of 

11 the Federal Railroad Administration, and shall remain 

12 available until expended for the repair, operation, and 

13 maintenance of automated track inspection cars and 

14 equipment in connection with the automated track inspec15 tion program.’’. 

16 (b) CONFORMING AMENDMENT.—The table of con17 tents for subchapter I of chapter 201 is amended by add18 ing after section 21020 the following: 

‘‘20121. Repair and replacement of damaged track inspection equipment.’’. 

19 SEC. 5412. RAIL POLICE OFFICERS. 

20 (a) IN GENERAL.—Section 28101 is amended— 

21 (1) by striking ‘‘employed by’’ each place it ap22 pears and inserting ‘‘directly employed by or con23 tracted by’’; 

24 (2) in subsection (b), by inserting ‘‘or agent, as 

25 applicable,’’ after ‘‘an employee’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(c) TRANSFERS.— 

3 ‘‘(1) IN GENERAL.—If a railroad police officer 

4 directly employed by or contracted by a rail carrier 

5 and certified or commissioned as a police officer 

6 under the laws of a State transfers primary employ7 ment or residence from the certifying or commis8 sioning State to another State or jurisdiction, the 

9 railroad police officer, not later than 1 year after the 

10 date of transfer, shall apply to be certified or com11 missioned as a police office under the laws of the 

12 State of new primary employment or residence. 

13 ‘‘(2) INTERIM PERIOD.—During the period be14 ginning on the date of transfer and ending 1 year 

15 after the date of transfer, a railroad police officer di16 rectly employed by or contracted by a rail carrier 

17 and certified or commissioned as a police officer 

18 under the laws of a State may enforce the laws of 

19 the new jurisdiction in which the railroad police offi20 cer resides, to the same extent as provided in sub21 section (a). 

22 ‘‘(d) TRAINING.— 

23 ‘‘(1) IN GENERAL.—A State shall recognize as 

24 meeting that State’s basic police officer certification 

25 or commissioning requirements for qualification as a 


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1 rail police officer under this section any individual 

2 who successfully completes a program at a State-rec3 ognized police training academy in another State or 

4 at a Federal law enforcement training center and 

5 who is certified or commissioned as a police officer 

6 by that other State. 

7 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection shall be construed as superseding or 

9 affecting any unique State training requirements re10 lated to criminal law, criminal procedure, motor ve11 hicle code, or State-mandated comparative or annual 

12 in-service training academy or Federal law enforce13 ment training center.’’. 

14 (b) REGULATIONS.—Not later than 1 year after the 

15 date of enactment of this Act, the Secretary shall revise 

16 the regulations in part 207 of title 49, Code of Federal 

17 Regulations (relating to railroad police officers), to permit 

18 a railroad to designate an individual, who is commissioned 

19 in the individual’s State of legal residence or State of pri20 mary employment and directly employed by or contracted 

21 by a railroad to enforce State laws for the protection of 

22 railroad property, personnel, passengers, and cargo, to 

23 serve in the States in which the railroad owns property. 

24 (c) CONFORMING AMENDMENTS.— 


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1 (1) AMTRAK RAIL POLICE.—Section 24305(e) is 

2 amended— 

3 (A) by striking ‘‘may employ’’ and insert4 ing ‘‘may directly employ or contract with’’; 

5 (B) by striking ‘‘employed by’’ and insert6 ing ‘‘directly employed by or contracted by’’; 

7 and 

8 (C) by striking ‘‘employed without’’ and in9 serting ‘‘directly employed or contracted with10 out’’. 

11 (2) SECURE GUN STORAGE OR SAFETY DEVICE; 

12 EXCEPTIONS.—Section 922(z)(2)(B) of title 18 is 

13 amended by striking ‘‘employed by’’ and inserting 

14 ‘‘directly employed by or contracted by’’. 

15 SEC. 5413. OPERATION DEEP DIVE; REPORT. 

16 (a) PROGRESS REPORTS.—Not later than 60 days 

17 after the date of the enactment of this Act, and quarterly 

18 thereafter until the completion date, the Administrator of 

19 the Federal Railroad Administration shall submit a report 

20 to the Committee on Commerce, Science, and Transpor21 tation of the Senate and the Committee on Transportation 

22 and Infrastructure of the House of Representatives that 

23 describes the progress of Metro-North Commuter Railroad 

24 in implementing the directives and recommendations 

25 issued by the Federal Railroad Administration in its 


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1 March 2014 report to Congress titled ‘‘Operation Deep 

2 Dive Metro-North Commuter Railroad Safety Assess3 ment’’. 

4 (b) FINAL REPORT.—Not later than 30 days after 

5 the completion date, the Administrator of the Federal 

6 Railroad Administration shall submit a final report on the 

7 directives and recommendations to Congress. 

8 (c) DEFINED TERM.—In this section, the term ‘‘com9 pletion date’’ means the date on which Metro-North Com10 muter Railroad has completed all of the directives and rec11 ommendations referred to in subsection (a). 

12 SEC. 5414. POST-ACCIDENT ASSESSMENT. 

13 (a) IN GENERAL.—The Secretary of Transportation, 

14 in cooperation with the National Transportation Safety 

15 Board and the National Railroad Passenger Corporation 

16 (referred to in this section as ‘‘Amtrak’’), shall conduct 

17 a post-accident assessment of the Amtrak Northeast Re18 gional Train #188 crash on May 12, 2015. 

19 (b) ELEMENTS.—The assessment conducted pursu20 ant to subsection (a) shall include— 

21 (1) a review of Amtrak’s compliance with the 

22 plan for addressing the needs of the families of pas23 sengers involved in any rail passenger accident, 

24 which was submitted pursuant to section 24316 of 

25 title 49, United States Code; 


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1 (2) a review of Amtrak’s compliance with the 

2 emergency preparedness plan required under section 

3 239.101(a) of title 49, Code of Federal Regulations; 

4 (3) a determination of any additional action 

5 items that should be included in the plans referred 

6 to in paragraphs (1) and (2) to meet the needs of 

7 the passengers involved in the crash and their fami8 lies, including— 

9 (A) notification of emergency contacts; 

10 (B) dedicated and trained staff to manage 

11 family assistance; 

12 (C) the establishment of a family assist13 ance center at the accident locale or other ap14 propriate location; 

15 (D) a system for identifying and recovering 

16 items belonging to passengers that were lost in 

17 the crash; and 

18 (E) the establishment of a single customer 

19 service entity within Amtrak to coordinate the 

20 response to the needs of the passengers involved 

21 in the crash and their families; and 

22 (4) recommendations for any additional train23 ing needed by Amtrak staff to better implement the 

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1 ing the establishment of a regular schedule for train2 ing drills and exercises. 

3 (c) REPORT TO CONGRESS.—Not later than 1 year 

4 after the date of the enactment of this Act, Amtrak shall 

5 submit a report to the Committee on Commerce, Science, 

6 and Transportation of the Senate and the Committee on 

7 Transportation and Infrastructure of the House of Rep8 resentatives that describes— 

9 (1) its plan to achieve the recommendations re10 ferred to in subsection (b)(4); and 

11 (2) steps that have been taken to address any 

12 deficiencies identified through the assessment. 

13 SEC. 5415. TECHNICAL AND CONFORMING AMENDMENTS. 

14 (a) ASSISTANCE TO FAMILIES OF PASSENGERS IN15 VOLVED IN RAIL PASSENGER ACCIDENTS.—Section 1139 

16 is amended— 

17 (1) in subsection (a)(1), by striking ‘‘phone 

18 number’’ and inserting ‘‘telephone number’’; 

19 (2) in subsection (a)(2), by striking ‘‘post trau20 ma communication with families’’ and inserting 

21 ‘‘post-trauma communication with families’’; and 

22 (3) in subsection (j), by striking ‘‘railroad pas23 senger accident’’ each place it appears and inserting 

24 ‘‘rail passenger accident’’. 


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1 (b) SOLID WASTE RAIL TRANSFER FACILITY LAND2 USE EXEMPTION.—Section 10909 is amended— 

3 (1) in subsection (b), in the matter preceding 

4 paragraph (1), by striking ‘‘Clean Railroad Act of 

5 2008’’ and inserting ‘‘Clean Railroads Act of 2008’’; 

6 and 

7 (2) in subsection (e), by striking ‘‘Upon the 

8 granting of petition from the State’’ and inserting 

9 ‘‘Upon the granting of a petition from the State’’. 

10 (c) RULEMAKING PROCESS.—Section 20116 is 

11 amended— 

12 (1) by inserting ‘‘(2)’’ before ‘‘the code, rule, 

13 standard, requirement, or practice has been subject 

14 to notice and comment under a rule or order issued 

15 under this part.’’ and indenting accordingly; 

16 (2) by inserting ‘‘(1)’’ before ‘‘unless’’ and in17 denting accordingly; 

18 (3) in paragraph (1), as redesignated, by strik19 ing ‘‘order, or’’ and inserting ‘‘order; or’’; and 

20 (4) in the matter preceding paragraph (1), as 

21 redesignated, by striking ‘‘unless’’ and inserting 

22 ‘‘unless—’’. 

23 (d) ENFORCEMENT REPORT.—Section 20120(a) is 

24 amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘website’’ and inserting ‘‘Web site’’; 

3 (2) in paragraph (1), by striking ‘‘accident and 

4 incidence reporting’’ and inserting ‘‘accident and in5 cident reporting’’; 

6 (3) in paragraph (2)(G), by inserting ‘‘and’’ at 

7 the end; and 

8 (4) in paragraph (5)(B), by striking ‘‘Adminis9 trative Hearing Officer or Administrative Law 

10 Judge’’ and inserting ‘‘administrative hearing officer 

11 or administrative law judge’’. 

12 (e) RAILROAD SAFETY RISK REDUCTION PRO13 GRAM.—Section 20156 is amended— 

14 (1) in subsection (c), by inserting a comma 

15 after ‘‘In developing its railroad safety risk reduc16 tion program’’; and 

17 (2) in subsection (g)(1)— 

18 (A) by inserting a comma after ‘‘good 

19 faith’’; and 

20 (B) by striking ‘‘non-profit’’ and inserting 

21 ‘‘nonprofit’’. 

22 (f) ROADWAY USER SIGHT DISTANCE AT HIGHWAY23 RAIL GRADE CROSSINGS.—Section 20159 is amended by 

24 striking ‘‘the Secretary’’ and inserting ‘‘the Secretary of 

25 Transportation’’. 


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1 (g) NATIONAL CROSSING INVENTORY.—Section 

2 20160 is amended— 

3 (1) in subsection (a)(1), by striking ‘‘concerning 

4 each previously unreported crossing through which it 

5 operates or with respect to the trackage over which 

6 it operates’’ and inserting ‘‘concerning each pre7 viously unreported crossing through which it oper8 ates with respect to the trackage over which it oper9 ates’’; and 

10 (2) in subsection (b)(1)(A), by striking ‘‘con11 cerning each crossing through which it operates or 

12 with respect to the trackage over which it operates’’ 

13 and inserting ‘‘concerning each crossing through 

14 which it operates with respect to the trackage over 

15 which it operates’’. 

16 (h) MINIMUM TRAINING STANDARDS AND PLANS.— 

17 Section 20162(a)(3) is amended by striking ‘‘railroad 

18 compliance with Federal standards’’ and inserting ‘‘rail19 road carrier compliance with Federal standards’’. 

20 (i) DEVELOPMENT AND USE OF RAIL SAFETY TECH21 NOLOGY.—Section 20164(a) is amended by striking ‘‘after 

22 enactment of the Railroad Safety Enhancement Act of 

23 2008’’ and inserting ‘‘after the date of enactment of the 

24 Rail Safety Improvement Act of 2008’’. 

25 (j) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 


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1 (1) TABLE OF CONTENTS.—Section 1(b) of di2 vision A of the Rail Safety Improvement Act of 2008 

3 (Public Law 110–432; 122 Stat. 4848) is amend4 ed— 

5 (A) in the item relating to section 307, by 

6 striking ‘‘website’’ and inserting ‘‘Web site’’; 

7 (B) in the item relating to title VI, by 

8 striking ‘‘solid waste facilities’’ and inserting 

9 ‘‘solid waste rail transfer facilities’’; and 

10 (C) in the item relating to section 602, by 

11 striking ‘‘solid waste transfer facilities’’ and in12 serting ‘‘solid waste rail transfer facilities’’. 

13 (2) DEFINITIONS.—Section 2(a)(1) of division 

14 A of the Rail Safety Improvement Act of 2008 (Pub15 lic Law 110–432; 122 Stat. 4849) is amended in the 

16 matter preceding subparagraph (A), by inserting a 

17 comma after ‘‘at grade’’. 

18 (3) RAILROAD SAFETY STRATEGY.—Section 

19 102(a)(6) of title I of division A of the Rail Safety 

20 Improvement Act of 2008 (49 U.S.C. 20101 note) is 

21 amended by striking ‘‘Improving the safety of rail22 road bridges, tunnels, and related infrastructure to 

23 prevent accidents, incidents, injuries, and fatalities 

24 caused by catastrophic failures and other bridge and 

25 tunnel failures.’’ and inserting ‘‘Improving the safety 


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1 of railroad bridges, tunnels, and related infrastruc2 ture to prevent accidents, incidents, injuries, and fa3 talities caused by catastrophic and other failures of 

4 such infrastructure.’’. 

5 (4) OPERATION LIFESAVER.—Section 206(a) of 

6 title II of division A of the Rail Safety Improvement 

7 Act of 2008 (49 U.S.C. 22501 note) is amended by 

8 striking ‘‘Public Service Announcements’’ and in9 serting ‘‘public service announcements’’. 

10 (5) UPDATE OF FEDERAL RAILROAD ADMINIS11 TRATION’S WEB SITE.—Section 307 of title III of di12 vision A of the Rail Safety Improvement Act of 2008 

13 (49 U.S.C. 103 note) is amended— 

14 (A) in the heading by striking ‘‘FEDERAL

15 RAILROAD ADMINISTRATION’S WEBSITE’’ 

16 and inserting ‘‘FEDERAL RAILROAD ADMIN17 ISTRATION WEB SITE’’; 

18 (B) by striking ‘‘website’’ each place it ap19 pears and inserting ‘‘Web site’’; and 

20 (C) by striking ‘‘website’s’’ and inserting 

21 ‘‘Web site’s’’. 

22 (6) ALCOHOL AND CONTROLLED SUBSTANCE

23 TESTING FOR MAINTENANCE-OF-WAY EMPLOYEES.— 

24 Section 412 of title IV of division A of the Rail 

25 Safety Improvement Act of 2008 (49 U.S.C. 20140 


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1 note) is amended by striking ‘‘Secretary of Trans2 portation’’ and inserting ‘‘Secretary’’. 

3 (7) TUNNEL INFORMATION.—Section 414 of 

4 title IV of division A of the Rail Safety Improvement 

5 Act of 2008 (49 U.S.C. 20103 note) is amended— 

6 (A) by striking ‘‘parts 171.8, 173.115’’ 

7 and inserting ‘‘sections 171.8, 173.115’’; and 

8 (B) by striking ‘‘part 1520.5’’ and insert9 ing ‘‘section 1520.5’’. 

10 (8) SAFETY INSPECTIONS IN MEXICO.—Section 

11 416 of title IV of division A of the Rail Safety Im12 provement Act of 2008 (49 U.S.C. 20107 note) is 

13 amended— 

14 (A) in the matter preceding paragraph (1), 

15 by striking ‘‘Secretary of Transportation’’ and 

16 inserting ‘‘Secretary’’; and 

17 (B) in paragraph (4), by striking ‘‘sub18 section’’ and inserting ‘‘section’’. 

19 (9) HEADING OF TITLE VI.—The heading of 

20 title VI of division A of the Rail Safety Improvement 

21 Act of 2008 (122 Stat. 4900) is amended by strik22 ing ‘‘SOLID WASTE FACILITIES’’ and insert23 ing ‘‘SOLID WASTE RAIL TRANSFER FA24 CILITIES’’. 


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1 (10) HEADING OF SECTION 602.—Section 602 

2 of title VI of division A of the Rail Safety Improve3 ment Act of 2008 (122 Stat. 4900) is amended by 

4 striking ‘‘SOLID WASTE TRANSFER FACILITIES’’ 

5 and inserting ‘‘SOLID WASTE RAIL TRANSFER

6 FACILITIES’’. 

7 PART II—CONSOLIDATED RAIL 

8 INFRASTRUCTURE AND SAFETY IMPROVEMENTS 

9 SEC. 5421. CONSOLIDATED RAIL INFRASTRUCTURE AND 

10 SAFETY IMPROVEMENTS. 

11 (a) IN GENERAL.—Chapter 244, as amended by sec12 tion 5302 of this Act, is further amended by adding at 

13 the end the following: 

14 ‘‘§ 24408. Consolidated rail infrastructure and safety 

15 improvements 

16 ‘‘(a) GENERAL AUTHORITY.—The Secretary may 

17 make grants under this section to an eligible recipient to 

18 assist in financing the cost of improving passenger and 

19 freight rail transportation systems in terms of safety, effi20 ciency, or reliability. 

21 ‘‘(b) ELIGIBLE RECIPIENTS.—The following entities 

22 are eligible to receive a grant under this section: 

23 ‘‘(1) A State. 

24 ‘‘(2) A group of States. 

25 ‘‘(3) An Interstate Compact. 


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1 ‘‘(4) A public agency or publicly chartered au2 thority established by 1 or more States and having 

3 responsibility for providing intercity rail passenger, 

4 commuter rail passenger, or freight rail transpor5 tation service. 

6 ‘‘(5) A political subdivision of a State. 

7 ‘‘(6) Amtrak or another rail passenger carrier 

8 that provides intercity rail passenger transportation 

9 (as defined in section 24102) or commuter rail pas10 senger transportation (as defined in section 24102). 

11 ‘‘(7) A Class II railroad or Class III railroad 

12 (as those terms are defined in section 20102). 

13 ‘‘(8) Any rail carrier or rail equipment manu14 facturer in partnership with at least 1 of the entities 

15 described in paragraphs (1) through (5). 

16 ‘‘(9) Any entity established to procure, manage, 

17 or maintain passenger rail equipment under section 

18 305 of the Passenger Rail Investment and Improve19 ment Act of 2008 (49 U.S.C. 24101 note). 

20 ‘‘(10) An organization that is actively involved 

21 in the development of operational and safety-related 

22 standards for rail equipment and operations or the 

23 implementation of safety-related programs. 

24 ‘‘(11) The Transportation Research Board and 

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1 ment of rail-related research, including cooperative 

2 research programs. 

3 ‘‘(12) A University transportation center ac4 tively engaged in rail-related research. 

5 ‘‘(13) A non-profit labor organization rep6 resenting a class or craft of employees of railroad 

7 carriers or railroad carrier contractors. 

8 ‘‘(c) ELIGIBLE PROJECTS.—The following projects 

9 are eligible to receive grants under this section: 

10 ‘‘(1) Deployment of railroad safety technology, 

11 including positive train control and rail integrity in12 spection systems. 

13 ‘‘(2) A capital project as defined in section 

14 24401, except that a project shall not be required to 

15 be in a State rail plan developed under chapter 227. 

16 ‘‘(3) A capital project identified by the Sec17 retary as being necessary to address congestion chal18 lenges affecting rail service. 

19 ‘‘(4) A highway-rail grade crossing improve20 ment, including grade separations, private highway21 rail grade crossing improvements, and safety engi22 neering improvements to reduce risk in quiet zones 

23 or potential quiet zones. 

24 ‘‘(5) A rail line relocation project. 


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1 ‘‘(6) A capital project to improve short-line or 

2 regional railroad infrastructure. 

3 ‘‘(7) Paying all or a portion of the credit risk 

4 premium, as determined under section 502(f) of the 

5 Railroad Revitalization and Regulatory Reform Act 

6 of 1976 (45 U.S.C. 822(f)), and loan charges de7 scribed in section 503(l) of that Act (45 U.S.C. 

8 823(l)) for a project eligible for Federal credit as9 sistance under that Act (45 U.S.C. 801 et seq.). 

10 ‘‘(8) Development of public education, aware11 ness, and targeted law enforcement activities to re12 duce violations of traffic laws at highway-rail grade 

13 crossings and to help prevent and reduce injuries 

14 and fatalities along railroad rights-of-way. 

15 ‘‘(9) The preparation of regional rail and cor16 ridor service development plans and corresponding 

17 environmental analyses. 

18 ‘‘(10) Any project that the Secretary considers 

19 necessary to enhance multimodal connections or fa20 cilitate service integration between rail service and 

21 other modes, including between intercity rail pas22 senger transportation and intercity bus service. 

23 ‘‘(11) The development of rail-related capital, 

24 operations, and safety standards. 


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1 ‘‘(12) The implementation and operation of a 

2 safety program or institute designed to improve rail 

3 safety culture and rail safety performance. 

4 ‘‘(13) Any research that the Secretary considers 

5 necessary to advance any particular aspect of rail-re6 lated capital, operations, or safety improvements. 

7 ‘‘(14) Workforce development activities, coordi8 nated to the extent practicable with the existing 

9 local training programs supported by the Depart10 ment of Transportation, Department of Labor, and 

11 Department of Education. 

12 ‘‘(d) APPLICATION PROCESS.—The Secretary shall 

13 prescribe the form and manner of filing an application 

14 under this section. 

15 ‘‘(e) PROJECT SELECTION CRITERIA.— 

16 ‘‘(1) IN GENERAL.—In selecting a recipient of 

17 a grant for an eligible project, the Secretary shall— 

18 ‘‘(A) give preference to a proposed project 

19 for which the proposed Federal share of total 

20 project costs does not exceed 50 percent; and 

21 ‘‘(B) after factoring in preference to 

22 projects under subparagraph (A), select projects 

23 that will maximize the net benefits of the funds 

24 appropriated for use under this section, consid25 ering the cost-benefit analysis of the proposed 


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1 project, including anticipated private and public 

2 benefits relative to the costs of the proposed 

3 project and factoring in the other consider4 ations described in paragraph (2). 

5 ‘‘(2) OTHER CONSIDERATIONS.—The Secretary 

6 shall also consider the following: 

7 ‘‘(A) The degree to which the proposed 

8 project’s business plan considers potential pri9 vate sector participation in the financing, con10 struction, or operation of the project. 

11 ‘‘(B) The recipient’s past performance in 

12 developing and delivering similar projects, and 

13 previous financial contributions. 

14 ‘‘(C) Whether the recipient has or will have 

15 the legal, financial, and technical capacity to 

16 carry out the proposed project, satisfactory con17 tinuing control over the use of the equipment or 

18 facilities, and the capability and willingness to 

19 maintain the equipment or facilities. 

20 ‘‘(D) If applicable, the consistency of the 

21 proposed project with planning guidance and 

22 documents set forth by the Secretary or re23 quired by law or State rail plans developed 

24 under chapter 227. 


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1 ‘‘(E) If applicable, any technical evaluation 

2 ratings that proposed project received under 

3 previous competitive grant programs adminis4 tered by the Secretary. 

5 ‘‘(F) Such other factors as the Secretary 

6 considers relevant to the successful delivery of 

7 the project. 

8 ‘‘(3) BENEFITS.—The benefits described in 

9 paragraph (1)(B) may include the effects on system 

10 and service performance, including measures such as 

11 improved safety, competitiveness, reliability, trip or 

12 transit time, resilience, efficiencies from improved 

13 integration with other modes, and ability to meet ex14 isting or anticipated demand. 

15 ‘‘(f) PERFORMANCE MEASURES.—The Secretary 

16 shall establish performance measures for each grant re17 cipient to assess progress in achieving strategic goals and 

18 objectives. The Secretary may require a grant recipient to 

19 periodically report information related to such perform20 ance measures. 

21 ‘‘(g) RURAL AREAS.— 

22 ‘‘(1) IN GENERAL.—Of the amounts appro23 priated under this section, at least 25 percent shall 

24 be available for projects in rural areas. The Sec25 retary shall consider a project to be in a rural area 


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1 if all or the majority of the project (determined by 

2 the geographic location or locations where the major3 ity of the project funds will be spent) is located in 

4 a rural area. 

5 ‘‘(2) DEFINITION OF RURAL AREA.—In this 

6 subsection, the term ‘rural area’ means any area not 

7 in an urbanized area, as defined by the Census Bu8 reau. 

9 ‘‘(h) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

10 ‘‘(1) TOTAL PROJECT COSTS.—The Secretary 

11 shall estimate the total costs of a project under this 

12 subsection based on the best available information, 

13 including engineering studies, studies of economic 

14 feasibility, environmental analyses, and information 

15 on the expected use of equipment or facilities. 

16 ‘‘(2) FEDERAL SHARE.—The Federal share of 

17 total project costs under this subsection shall not ex18 ceed 80 percent. 

19 ‘‘(3) TREATMENT OF PASSENGER RAIL REV20 ENUE.—If Amtrak or another rail passenger carrier 

21 is an applicant under this section, Amtrak or the 

22 other rail passenger carrier, as applicable, may use 

23 ticket and other revenues generated from its oper24 ations and other sources to satisfy the non-Federal 

25 share requirements. 


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1 ‘‘(i) APPLICABILITY.—Except as specifically provided 

2 in this section, the use of any amounts appropriated for 

3 grants under this section shall be subject to the require4 ments of this chapter. 

5 ‘‘(j) AVAILABILITY.—Amounts appropriated for car6 rying out this section shall remain available until ex7 pended.’’. 

8 (b) CONFORMING AMENDMENT.—The table of con9 tents of chapter 244, as amended by section 5302 of this 

10 Act, is amended by adding after the item relating to sec11 tion 24407 the following: 

‘‘24408. Consolidated rail infrastructure and safety improvements.’’. 

12 PART III—HAZARDOUS MATERIALS BY RAIL 

13 SAFETY AND OTHER SAFETY ENHANCEMENTS 

14 SEC. 5431. REAL-TIME EMERGENCY RESPONSE INFORMA15 TION. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 date of enactment of this Act, the Secretary, in consulta18 tion with the Secretary of Homeland Security, shall pro19 mulgate regulations— 

20 (1) to require a Class I railroad transporting 

21 hazardous materials— 

22 (A) to generate accurate, real-time, and 

23 electronic train consist information, including— 

24 (i) the identity, quantity, and location 

25 of hazardous materials on a train; 


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1 (ii) the point of origin and destination 

2 of the train; 

3 (iii) any emergency response informa4 tion or resources required by the Sec5 retary; and 

6 (iv) an emergency response point of 

7 contact designated by the Class I railroad; 

8 and 

9 (B) to enter into a memorandum of under10 standing with each applicable fusion center to 

11 provide that fusion center with secure and con12 fidential access to the electronic train consist 

13 information described in subparagraph (A) for 

14 each train transporting hazardous materials in 

15 that fusion center’s jurisdiction; 

16 (2) to require each applicable fusion center to 

17 provide the electronic train consist information de18 scribed in paragraph (1)(A) to first responders, 

19 emergency response officials, and law enforcement 

20 personnel that are involved in the response to or in21 vestigation of an incident, accident, or public health 

22 or safety emergency involving the rail transportation 

23 of hazardous materials and that request such elec24 tronic train consist information; 


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1 (3) to prohibit any Class I railroad, employee, 

2 or agent from withholding, or causing to be withheld 

3 the electronic train consist information described in 

4 paragraph (1)(A) from first responders, emergency 

5 response officials, and law enforcement personnel de6 scribed in paragraph (2) in the event of an incident, 

7 accident, or public health or safety emergency involv8 ing the rail transportation of hazardous materials; 

9 and 

10 (4) to establish security and confidentiality pro11 tections to prevent the release of the electronic train 

12 consist information to unauthorized persons. 

13 (b) DEFINITIONS.—In this section: 

14 (1) APPLICABLE FUSION CENTER.—The term 

15 ‘‘applicable fusion center’’ means a fusion center 

16 with responsibility for a geographic area in which a 

17 Class I railroad operates. 

18 (2) CLASS I RAILROAD.—The term ‘‘Class I 

19 railroad’’ has the meaning given the term in section 

20 20102 of title 49, United States Code. 

21 (3) FUSION CENTER.—The term ‘‘fusion cen22 ter’’ has the meaning given the term in section 

23 124h(j) of title 6, United States Code. 

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1 ardous by the Secretary of Transportation under 

2 chapter 51 of the United States Code. 

3 (5) TRAIN CONSIST.—The term ‘‘train consist’’ 

4 includes, with regard to a specific train, the number 

5 of rail cars and the commodity transported by each 

6 rail car. 

7 (c) SAVINGS CLAUSE.— 

8 (1) Nothing in this section may be construed to 

9 prohibit a Class I railroad from voluntarily entering 

10 into a memorandum of understanding, as described 

11 in subsection (a)(1)(B), with a State emergency re12 sponse commission or an entity representing or in13 cluding first responders, emergency response offi14 cials, and law enforcement personnel. 

15 (2) Nothing in this section may be construed to 

16 amend any requirement for a railroad to provide a 

17 State Emergency Response Commission, for each 

18 State in which it operates trains transporting 

19 1,000,000 gallons or more of Bakken crude oil, noti20 fication regarding the expected movement of such 

21 trains through the counties in the State. 

22 SEC. 5432. THERMAL BLANKETS. 

23 (a) REQUIREMENTS.—Not later than 180 days after 

24 the date of enactment of this Act, the Secretary shall pro25 mulgate such regulations as are necessary to require each 


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1 tank car built to meet the DOT–117 specification and 

2 each non-jacketed tank car modified to meet the DOT– 

3 117R specification to be equipped with a thermal blanket. 

4 (b) DEFINITION OF THERMAL BLANKET.—In this 

5 section, the term ‘‘thermal blanket’’ means an insulating 

6 blanket that is applied between the outer surface of a tank 

7 car tank and the inner surface of a tank car jacket and 

8 that has thermal conductivity no greater than 2.65 Btu 

9 per inch, per hour, per square foot, and per degree Fahr10 enheit at a temperature of 2000 degrees Fahrenheit, plus 

11 or minus 100 degrees Fahrenheit. 

12 (c) SAVINGS CLAUSE.— 

13 (1) PRESSURE RELIEF DEVICES.—Nothing in 

14 this section may be construed to affect or prohibit 

15 any requirement to equip with appropriately sized 

16 pressure relief devices a tank car built to meet the 

17 DOT–117 specification or a non-jacketed tank car 

18 modified to meet the DOT–117R specification. 

19 (2) HARMONIZATION.—Nothing in this section 

20 may be construed to require or allow the Secretary 

21 to prescribe an implementation deadline or author22 ization end date for the requirement under sub23 section (a) that is earlier than the applicable imple24 mentation deadline or authorization end date for 


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1 other tank car modifications necessary to meet the 

2 DOT–117R specification. 

3 SEC. 5433. COMPREHENSIVE OIL SPILL RESPONSE PLANS. 

4 (a) REQUIREMENTS.—Not later than 120 days after 

5 the date of enactment of this Act, the Secretary shall issue 

6 a notice of proposed rulemaking to require each railroad 

7 carrier transporting a Class 3 flammable liquid to main8 tain a comprehensive oil spill response plan. 

9 (b) CONTENTS.—The regulations under subsection 

10 (a) shall require each rail carrier described in that sub11 section— 

12 (1) to include in the comprehensive oil spill re13 sponse plan procedures and resources for respond14 ing, to the maximum extent practicable, to a worst15 case discharge; 

16 (2) to ensure the comprehensive oil spill re17 sponse plan is consistent with the National Contin18 gency Plan and each applicable Area Contingency 

19 Plan; 

20 (3) to include in the comprehensive oil spill re21 sponse plan appropriate notification and training 

22 procedures; 

23 (4) to review and update its comprehensive oil 

24 spill response plan as appropriate; and 


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1 (5) to provide the comprehensive oil spill re2 sponse plan for acceptance by the Secretary. 

3 (c) SAVINGS CLAUSE.—Nothing in the section may 

4 be construed as prohibiting the Secretary from promul5 gating different comprehensive oil response plan standards 

6 for Class I, Class II, and Class III railroads. 

7 (d) DEFINITIONS.—In this section: 

8 (1) AREA CONTINGENCY PLAN.—The term 

9 ‘‘Area Contingency Plan’’ has the meaning given the 

10 term in section 311(a) of the Federal Water Pollu11 tion Control Act (33 U.S.C. 1321(a)). 

12 (2) CLASS 3 FLAMMABLE LIQUID.—The term 

13 ‘‘Class 3 flammable liquid’’ has the meaning given 

14 the term in section 173.120(a) of title 49, Code of 

15 Federal Regulations. 

16 (3) CLASS I RAILROAD, CLASS II RAILROAD, 

17 AND CLASS III RAILROAD.—The terms ‘‘Class I rail18 road’’, ‘‘Class II railroad’’ and ‘‘Class III railroad’’ 

19 have the meanings given the terms in section 20102 

20 of title 49, United States Code. 

21 (4) NATIONAL CONTINGENCY PLAN.—The term 

22 ‘‘National Contingency Plan’’ has the meaning given 

23 the term in section 1001 of the Oil Pollution Act of 

24 1990 (33 U.S.C. 2701). 


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1 (5) RAILROAD CARRIER.—The term ‘‘railroad 

2 carrier’’ has the meaning given the term in section 

3 20102 of title 49, United States Code. 

4 (6) WORST-CASE DISCHARGE.—The term 

5 ‘‘worst-case discharge’’ means a railroad carrier’s 

6 calculation of its largest foreseeable discharge in the 

7 event of an accident or incident. 

8 SEC. 5434. HAZARDOUS MATERIALS BY RAIL LIABILITY 

9 STUDY. 

10 (a) IN GENERAL.—Not later than 30 days after the 

11 date of enactment of this Act, the Secretary shall initiate 

12 a study on the levels and structure of insurance for a rail13 road carrier transporting hazardous materials. 

14 (b) CONTENTS.—In conducting the study under sub15 section (a), the Secretary shall evaluate— 

16 (1) the level and structure of insurance, includ17 ing self-insurance, available in the private market 

18 against the full liability potential for damages aris19 ing from an accident or incident involving a train 

20 transporting hazardous materials; 

21 (2) the level and structure of insurance that 

22 would be necessary and appropriate— 

23 (A) to efficiently allocate risk and financial 

24 responsibility for claims; and 


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1 (B) to ensure that a railroad carrier trans2 porting hazardous materials can continue to op3 erate despite the risk of an accident or incident; 

4 (3) the potential applicability to trains trans5 porting hazardous materials of— 

6 (A) a liability regime modeled after section 

7 170 of the Atomic Energy Act of 1954, as 

8 amended (42 U.S.C. 2210); and 

9 (B) a liability regime modeled after sub10 title 2 of title XXI of the Public Health Service 

11 Act (42 U.S.C. 300aa–10 et seq.). 

12 (c) REPORT.—Not later than 1 year after the date 

13 the study under subsection (a) is initiated, the Secretary 

14 shall submit a report containing the results of the study 

15 and recommendations for addressing liability issues with 

16 rail transportation of hazardous materials to— 

17 (1) the Committee on Commerce, Science, and 

18 Transportation of the Senate; and 

19 (2) the Committee on Transportation and In20 frastructure of the House of Representatives. 

21 (d) DEFINITIONS.—In this section: 

22 (1) HAZARDOUS MATERIAL.—The term ‘‘haz23 ardous material’’ means a substance or material the 

24 Secretary designates under section 5103(a) of title 

25 49, United States Code. 


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1 (2) RAILROAD CARRIER.—The term ‘‘railroad 

2 carrier’’ has the meaning given the term in section 

3 20102 of title 49, United States Code. 

4 SEC. 5435. STUDY AND TESTING OF ELECTRONICALLY CON5 TROLLED PNEUMATIC BRAKES. 

6 (a) GOVERNMENT ACCOUNTABILITY OFFICE

7 STUDY.— 

8 (1) IN GENERAL.—The Government Account9 ability Office shall complete an independent evalua10 tion of ECP brake systems pilot program data and 

11 the Department of Transportation’s research and 

12 analysis on the effects of ECP brake systems. 

13 (2) STUDY ELEMENTS.—In completing the 

14 independent evaluation under paragraph (1), the 

15 Government Accountability Office shall examine the 

16 following issues related to ECP brake systems: 

17 (A) Data and modeling results on safety 

18 benefits relative to conventional brakes and to 

19 other braking technologies or systems, such as 

20 distributed power and 2-way end-of-train de21 vices. 

22 (B) Data and modeling results on business 

23 benefits, including the effects of dynamic brak24 ing. 


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1 (C) Data on costs, including up-front cap2 ital costs and on-going maintenance costs. 

3 (D) Analysis of potential operational chal4 lenges, including the effects of potential loco5 motive and car segregation, technical reliability 

6 issues, and network disruptions. 

7 (E) Analysis of potential implementation 

8 challenges, including installation time, positive 

9 train control integration complexities, compo10 nent availability issues, and tank car shop capa11 bilities. 

12 (F) Analysis of international experiences 

13 with the use of advanced braking technologies. 

14 (3) DEADLINE.—Not later than 2 years after 

15 the date of enactment of this Act, the Government 

16 Accountability Office shall transmit to the Com17 mittee on Commerce, Science, and Transportation of 

18 the Senate and the Committee on Transportation 

19 and Infrastructure of the House of Representatives 

20 a report on the results of the independent evaluation 

21 under paragraph (1). 

22 (b) EMERGENCY BRAKING APPLICATION TESTING.— 

23 (1) IN GENERAL.—The Secretary of Transpor24 tation shall enter into an agreement with the 

25 NCRRP Board— 


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1 (A) to complete testing of ECP brake sys2 tems during emergency braking application, in3 cluding more than 1 scenario involving the un4 coupling of a train with 70 or more DOT–117 

5 specification or DOT–117R specification tank 

6 cars; and 

7 (B) to transmit, not later than 2 years 

8 after the date of enactment of this Act, to the 

9 Committee on Commerce, Science, and Trans10 portation of the Senate and the Committee on 

11 Transportation and Infrastructure of the House 

12 of Representatives a report on the results of the 

13 testing. 

14 (2) INDEPENDENT EXPERTS.—In completing 

15 the testing under paragraph (1), the NCRRP Board 

16 may contract with 1 or more engineering or rail ex17 perts, as appropriate, with relevant experience in 

18 conducting railroad safety technology tests or similar 

19 crash tests. 

20 (3) TESTING FRAMEWORK.—In completing the 

21 testing under paragraph (1), the NCRRP Board and 

22 each contractor described in paragraph (2) shall en23 sure that the testing objectively, accurately, and reli24 ably measures the performance of ECP brake sys25 tems relative to other braking technologies or sysVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 tems, such as distributed power and 2-way end-of2 train devices, including differences in— 

3 (A) the number of cars derailed; 

4 (B) the number of cars punctured; 

5 (C) the measures of in-train forces; and 

6 (D) the stopping distance. 

7 (4) FUNDING.—The Secretary shall require, as 

8 part of the agreement under paragraph (1), that the 

9 NCRRP Board fund the testing required under this 

10 section— 

11 (A) using such sums made available under 

12 section 24910 of title 49, United States Code; 

13 and 

14 (B) to the extent funding under subpara15 graph (A) is insufficient or unavailable to fund 

16 the testing required under this section, using 

17 such sums as are necessary from the amounts 

18 appropriated to the Office of the Secretary. 

19 (5) EQUIPMENT.—The NCRRP Board and 

20 each contractor described in paragraph (2) may re21 ceive or use rolling stock, track, and other equip22 ment or infrastructure from a private entity for the 

23 purposes of conducting the testing required under 

24 this section. 

25 (c) PHASED APPROACH.— 


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1 (1) PHASE 1.—Not later than 60 days after the 

2 date of enactment of this Act, the Secretary shall re3 quire each new tank car built to meet the DOT–117 

4 specification and each tank car modified to meet the 

5 DOT–117R specification to have an ECP-ready con6 figuration if the DOT–117 or DOT–117R specifica7 tion tank car will be used in high-hazard flammable 

8 unit train service. 

9 (2) PHASE 2.—After the reports are trans10 mitted under subsections (a)(3) and (b)(1)(B), the 

11 Secretary may initiate a rulemaking, if the Secretary 

12 considers it necessary, to require each railroad car13 rier operating a high-hazard flammable unit train to 

14 operate that train in ECP brake mode by 2021 or 

15 2023, unless the train does not exceed a certain 

16 maximum authorized speed as determined by the 

17 Secretary in the rulemaking. 

18 (d) CONFORMING AMENDMENT.—Not later than 60 

19 days after the date of enactment of this Act, the Secretary 

20 shall issue regulations to repeal the ECP brakes and ECP 

21 brake mode requirements in sections 174.310(a)(3)(ii), 

22 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.102–10, 

23 179.202–12(g), and 179.202–13(i) of title 49, Code of 

24 Federal Regulations, and, except as provided in subsection 

25 (c), any other regulation in effect on the date of enactment 


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1 of this Act requiring the installation of ECP brakes or 

2 operation in ECP brake mode. 

3 (e) SAVINGS CLAUSE.— 

4 (1) ECP BRAKE MODE.—Nothing in this sec5 tion may be construed as prohibiting or requiring a 

6 railroad carrier from operating its trains in ECP 

7 brake mode. 

8 (2) HARMONIZATION.—Nothing in this section 

9 may be construed to require or allow the Secretary 

10 to prescribe an implementation deadline for the re11 quirement under subsection (c)(1) that is earlier 

12 than the applicable implementation deadline for 

13 other tank car modifications necessary to meet the 

14 DOT–117R specification for tank cars that will be 

15 used in high-hazard flammable unit train service. 

16 (f) DEFINITIONS.—In this section: 

17 (1) CLASS 3 FLAMMABLE LIQUID.—The term 

18 ‘‘Class 3 flammable liquid’’ has the meaning given 

19 the term in section 173.120(a) of title 49, Code of 

20 Federal Regulations. 

21 (2) ECP.—The term ‘‘ECP’’ means electroni22 cally controlled pneumatic when applied to a brake 

23 or brakes. 


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1 (3) ECP BRAKE MODE.—The term ‘‘ECP brake 

2 mode’’ includes any operation of a rail car or an en3 tire train using an ECP brake system. 

4 (4) ECP BRAKE SYSTEM.— 

5 (A) IN GENERAL.—The term ‘‘ECP brake 

6 system’’ means a train power braking system 

7 actuated by compressed air and controlled by 

8 electronic signals from the locomotive or an 

9 ECP–EOT to the cars in the consist for service 

10 and emergency applications in which the brake 

11 pipe is used to provide a constant supply of 

12 compressed air to the reservoirs on each car but 

13 does not convey braking signals to the car. 

14 (B) INCLUSIONS.—The term ‘‘ECP brake 

15 system’’ includes dual mode and stand-alone 

16 ECP brake systems. 

17 (5) ECP-READY CONFIGURATION.—The term 

18 ‘‘ECP-ready configuration’’ means mounting brack19 ets and fixed conduit on the tank car to facilitate 

20 the future application of additional ECP 

21 componentry and required cables. 

22 (6) HIGH-HAZARD FLAMMABLE UNIT TRAIN.— 

23 The term ‘‘high-hazard flammable unit train’’ means 

24 a single train transporting 70 or more loaded tank 

25 cars containing Class 3 flammable liquid. 


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1 (7) NCRRP BOARD.—The term ‘‘NCRRP 

2 Board’’ means the independent governing board of 

3 the National Cooperative Rail Research Program. 

4 (8) RAILROAD CARRIER.—The term ‘‘railroad 

5 carrier’’ has the meaning given the term in section 

6 20102 of title 49, United States Code. 

7 SEC. 5436. RECORDING DEVICES. 

8 (a) IN GENERAL.—Subchapter II of chapter 201 is 

9 amended by adding after section 20167 the following: 

10 ‘‘§ 20168. Installation of audio and image recording 

11 devices 

12 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

13 date of enactment of the Comprehensive Transportation 

14 and Consumer Protection Act of 2015, the Secretary of 

15 Transportation shall promulgate regulations to require 

16 each rail carrier that provides regularly scheduled intercity 

17 rail passenger or commuter rail passenger transportation 

18 to the public to install inward- and outward-facing image 

19 recording devices in all controlling locomotive cabs and cab 

20 car operating compartments in such passenger trains. 

21 ‘‘(b) DEVICE STANDARDS.—Each inward- and out22 ward-facing image recording device shall— 

23 ‘‘(1) have a minimum 12-hour continuous re24 cording capability; 


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1 ‘‘(2) have crash and fire protections for any in2 cab image recordings that are stored only within a 

3 controlling locomotive cab or cab car operating com4 partment; and 

5 ‘‘(3) have recordings accessible for review dur6 ing an accident investigation. 

7 ‘‘(c) REVIEW.—The Secretary shall establish a proc8 ess to review and approve or disapprove an inward- or out9 ward-facing recording device for compliance with the 

10 standards described in subsection (b). 

11 ‘‘(d) USES.—A rail carrier that has installed an 

12 inward- or outward-facing image recording device ap13 proved under subsection (c) may use recordings from that 

14 inward- or outward-facing image recording device for the 

15 following purposes: 

16 ‘‘(1) Verifying that train crew actions are in ac17 cordance with applicable safety laws and the rail 

18 carrier’s operating rules and procedures. 

19 ‘‘(2) Assisting in an investigation into the cau20 sation of a reportable accident or incident. 

21 ‘‘(3) Carrying out efficiency testing and system22 wide performance monitoring programs. 

23 ‘‘(4) Documenting a criminal act or monitoring 

24 unauthorized occupancy of the controlling locomotive 

25 cab or car operating compartment. 


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1 ‘‘(5) Other purposes that the Secretary con2 siders appropriate. 

3 ‘‘(e) VOLUNTARY IMPLEMENTATION.— 

4 ‘‘(1) IN GENERAL.—Each rail carrier operating 

5 freight rail service may implement any inward- or 

6 outward-facing image recording devices approved 

7 under subsection (c). 

8 ‘‘(2) AUTHORIZED USES.—Notwithstanding any 

9 other provision of law, each rail carrier may use re10 cordings from an inward- or outward-facing image 

11 recording device approved under subsection (c) for 

12 any of the purposes described in subsection (d). 

13 ‘‘(f) DISCRETION.— 

14 ‘‘(1) IN GENERAL.—The Secretary may— 

15 ‘‘(A) require in-cab audio recording devices 

16 for the purposes described in subsection (d); 

17 and 

18 ‘‘(B) define in appropriate technical detail 

19 the essential features of the devices required 

20 under subparagraph (A). 

21 ‘‘(2) EXEMPTIONS.—The Secretary may exempt 

22 any rail passenger carrier or any part of a rail pas23 senger carrier’s operations from the requirements 

24 under subsection (a) if the Secretary determines 

25 that the rail passenger carrier has implemented an 


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1 alternative technology or practice that provides an 

2 equivalent or greater safety benefit or is better suit3 ed to the risks of the operation. 

4 ‘‘(g) TAMPERING.—A rail carrier may take appro5 priate enforcement or administrative action against any 

6 employee that tampers with or disables an audio or 

7 inward- or outward-facing image recording device installed 

8 by the rail carrier. 

9 ‘‘(h) PRESERVATION OF DATA.—Each rail passenger 

10 carrier subject to the requirements of subsection (a) shall 

11 preserve recording device data for 1 year after the date 

12 of a reportable accident or incident. 

13 ‘‘(i) INFORMATION PROTECTIONS.— 

14 ‘‘(1) SECTION 552(b)(3) OF TITLE 5 EXEMP15 TION.—An in-cab audio or image recording, and any 

16 part thereof, that the Secretary obtains as part of 

17 an accident or incident investigated by the Depart18 ment of Transportation shall be exempt from disclo19 sure under section 552(b)(3) of title 5. 

20 ‘‘(2) RESTRICTIONS ON DISCLOSURE.—The 

21 Secretary may allow an audio or image recordings 

22 derived from an audio or inward- or outward-facing 

23 image recording device to receive any of the informa24 tion and legal protections available to any report, 

25 survey, schedule, list, or data compiled or collected 


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1 as part of the Department of Transportation rail2 road safety risk reduction program if— 

3 ‘‘(A) the recording is derived from— 

4 ‘‘(i) an audio or inward- or outward5 facing image recording device that was im6 plemented pursuant to its railroad safety 

7 risk reduction program under section 

8 20156; and 

9 ‘‘(ii) an inward- or outward-facing 

10 image recording device that was approved 

11 under subsection (c); or 

12 ‘‘(B) an audio recording device that is 

13 compliant with the requirements under sub14 section (f)(1). 

15 ‘‘(j) PROHIBITED USE.—An in-cab audio or image re16 cording obtained by a rail carrier under this section may 

17 not be used to retaliate against an employee. 

18 ‘‘(k) SAVINGS CLAUSE.—Nothing in this section may 

19 be construed as requiring a rail carrier to cease or restrict 

20 operations upon a technical failure of an inward- or out21 ward-facing image recording device. Such rail carrier shall 

22 repair or replace the failed inward- or outward-facing 

23 image recording device as soon as practicable.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for subchapter II of chapter 201 is amended by add3 ing at the end the following: 

‘‘20168. Installation of audio and image recording devices.’’. 

4 SEC. 5437. RAIL PASSENGER TRANSPORTATION LIABILITY. 

5 (a) LIMITATIONS.—Section 28103(a) is amended— 

6 (1) in paragraph (2), by striking 

7 ‘‘$200,000,000’’ and inserting ‘‘$295,000,000, ex8 cept as provided in paragraph (3).’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(3) The liability cap under paragraph (2) shall 

11 be adjusted every 10 years by the Secretary of 

12 Transportation to reflect changes in the Consumer 

13 Price Index—All Urban Consumers. 

14 ‘‘(4) The Federal Government shall have no fi15 nancial responsibility for any claims described in 

16 paragraph (2).’’. 

17 (b) DEFINITION OF RAIL PASSENGER TRANSPOR18 TATION.—Section 28103(e) is amended— 

19 (1) in the heading, by striking ‘‘DEFINITION.— 

20 ’’ and inserting ‘‘DEFINITIONS.—’’; 

21 (2) in paragraph (2), by striking ‘‘; and’’ and 

22 inserting a semicolon; 

23 (3) in paragraph (3), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

25 (4) by adding at the end the following: 


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1 ‘‘(4) the term ‘rail passenger transportation’ in2 cludes commuter rail passenger transportation (as 

3 defined in section 24102).’’. 

4 (c) PROHIBITION.—No Federal funds may be appro5 priated for the purpose of paying for the portion of an 

6 insurance premium attributable to the increase in allow7 able awards under the amendments made by subsection 

8 (a). 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall be effective for any passenger rail acci11 dent or incident occurring on or after May 12, 2015. 

12 SEC. 5438. MODIFICATION REPORTING. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of enactment of this Act, the Secretary shall imple15 ment a reporting requirement to monitor industry-wide 

16 progress toward modifying tank cars used in high-hazard 

17 flammable train service by the applicable deadlines or au18 thorization end dates set in regulation. 

19 (b) TANK CAR DATA.—The Secretary shall collect 

20 data from shippers and tank car owners on— 

21 (1) the total number of tank cars modified to 

22 meet the DOT–117R specification, or equivalent, 

23 specifying— 

24 (A) the type or specification of each tank 

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1 eted DOT–111, jacketed DOT–111, non-jack2 eted DOT–111 meeting the CPC–1232 stand3 ard, or jacketed DOT–111 meeting the CPC– 

4 1232 standard; and 

5 (B) the identification number of each Class 

6 3 flammable liquid carried by each tank car in 

7 the past year; 

8 (2) the total number of tank cars built to meet 

9 the DOT–117 specification, or equivalent; and 

10 (3) the total number of tank cars used or likely 

11 to be used in high-hazard flammable train service 

12 that have not been modified, specifying— 

13 (A) the type or specification of each tank 

14 car not modified, including the non-jacketed 

15 DOT–111, jacketed DOT–111, non-jacketed 

16 DOT–111 meeting the CPC–1232 standard, or 

17 jacketed DOT–111 meeting the CPC–1232 

18 standard; and 

19 (B) the identification number of each Class 

20 3 flammable liquid carried by each tank car in 

21 the past year. 

22 (c) TANK CAR SHOP DATA.—The Secretary shall 

23 conduct a survey of tank car facilities modifying tank cars 

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1 lent, to generate statistically valid estimates of the ex2 pected number of tank cars those facilities expect to mod3 ify to DOT–117R specification, or equivalent, or build to 

4 the DOT–117 specification, or equivalent. 

5 (d) FREQUENCY.—The Secretary shall collect the 

6 data under subsection (b) and conduct the survey under 

7 subsection (c) annually until May 1, 2025. 

8 (e) INFORMATION PROTECTIONS.— 

9 (1) IN GENERAL.—The Secretary shall only re10 port data in industry-wide totals and shall treat 

11 company-specific information as confidential busi12 ness information. 

13 (2) LEVEL OF CONFIDENTIALITY.—The Sec14 retary shall ensure the data collected under sub15 section (b) and the survey data under subsection (c) 

16 have the same level of confidentiality as contained in 

17 the Confidential Information Protection and Statis18 tical Efficiency Act of 2002 (44 U.S.C. 3501 note), 

19 as administered by the Bureau of Transportation 

20 Statistics. 

21 (3) SECTION 552(b)(3) OF TITLE 5.—Any infor22 mation that the Secretary obtains under subsection 

23 (b) or subsection (c) by the Department of Trans24 portation shall be exempt from disclosure under sec25 tion 552(b)(3) of title 5. 


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1 (4) DESIGNEE.—The Secretary may designate 

2 the Director of the Bureau of Transportation Statis3 tics to collect data under subsection (b) and the sur4 vey data under subsection (c) and direct the Direc5 tor to ensure the confidentially of company-specific 

6 information to the maximum extent permitted by 

7 law. 

8 (f) REPORT.—Each year, not later than 60 days after 

9 the date that both the collection of the data under sub10 section (b) and the survey under subsection (c) are com11 plete, the Secretary shall report on the aggregate results, 

12 without company-specific information, to— 

13 (1) the Committee on Commerce, Science, and 

14 Transportation of the Senate; and 

15 (2) the Committee on Transportation and In16 frastructure of the House of Representatives. 

17 (g) DEFINITIONS.—In this section: 

18 (1) CLASS 3 FLAMMABLE LIQUID.—The term 

19 ‘‘Class 3 flammable liquid’’ has the meaning given 

20 the term in section 173.120(a) of title 49, Code of 

21 Federal Regulations. 

22 (2) HIGH-HAZARD FLAMMABLE TRAIN.—The 

23 term ‘‘high-hazard flammable train’’ means a single 

24 train transporting 20 or more tank cars loaded with 

25 a Class 3 flammable liquid in a continuous block or 


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1 a single train transporting 35 or more tank cars 

2 loaded with a Class 3 flammable liquid throughout 

3 the train consist. 

4 PART IV—POSITIVE TRAIN CONTROL 

5 SEC. 5441. COORDINATION OF SPECTRUM. 

6 (a) ASSESSMENT.—The Secretary, in coordination 

7 with the Chairman of the Federal Communications Com8 mission, shall assess spectrum needs and availability for 

9 implementing positive train control systems (as defined in 

10 section 20157(i)(3) of title 49, United States Code). The 

11 Secretary and the Chairman may consult with external 

12 stakeholders in carrying out this section. 

13 (b) REPORT.—Not later than 120 days after the date 

14 of enactment of this Act, the Secretary shall submit a re15 port to the Committee on Commerce, Science, and Trans16 portation of the Senate and the Committee on Transpor17 tation and Infrastructure of the House of Representatives 

18 that contains the results of the assessment conducted 

19 under subsection (a). 

20 SEC. 5442. UPDATED PLANS. 

21 (a) IMPLEMENTATION.—Section 20157(a) is amend22 ed to read as follows: 

23 ‘‘(a) IMPLEMENTATION.— 

24 ‘‘(1) PLAN REQUIRED.—Each Class I railroad 

25 carrier and each entity providing regularly scheduled 


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1 intercity or commuter rail passenger transportation 

2 shall develop and submit, to the Secretary of Trans3 portation, a plan for implementing a positive train 

4 control system by December 31, 2015, governing op5 erations on— 

6 ‘‘(A) its main line over which intercity rail 

7 passenger transportation or commuter rail pas8 senger transportation (as defined in section 

9 24102) is regularly provided; 

10 ‘‘(B) its main line over which poison- or 

11 toxic-by-inhalation hazardous materials (as de12 fined in sections 171.8, 173.115, and 173.132 

13 of title 49, Code of Federal Regulations) are 

14 transported; and 

15 ‘‘(C) such other tracks as the Secretary 

16 may prescribe by regulation or order. 

17 ‘‘(2) INTEROPERABILITY AND

18 PRIORITIZATION.—The plan shall describe how the 

19 railroad carrier or other entity subject to paragraph 

20 (1) will provide for interoperability of the positive 

21 train control systems with movements of trains of 

22 other railroad carriers over its lines and shall, to the 

23 extent practical, implement the positive train control 

24 systems in a manner that addresses areas of greater 

25 risk before areas of lesser risk. 


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1 ‘‘(3) SECRETARIAL REVIEW OF UPDATED

2 PLANS.— 

3 ‘‘(A) SUBMISSION OF UPDATED PLANS.— 

4 Notwithstanding the deadline set forth in para5 graph (1), not later than 90 days after the date 

6 of enactment of the Comprehensive Transpor7 tation and Consumer Protection Act of 2015, 

8 each Class I railroad carrier or other entity 

9 subject to paragraph (1) may submit to the 

10 Secretary an updated plan that amends the 

11 plan submitted under paragraph (1) with an 

12 updated implementation schedule (as described 

13 in paragraph (4)(B)) and milestones or metrics 

14 (as described in paragraph (4)(A)) that dem15 onstrate that the railroad carrier or other entity 

16 intends make sustained and substantial 

17 progress toward positive train control system 

18 implementation. 

19 ‘‘(B) REVIEW OF UPDATED PLANS.—Not 

20 later than 120 days after receiving an updated 

21 plan under subparagraph (A), the Secretary 

22 shall approve the updated plan if the railroad 

23 carrier or other entity submitting the plan— 

24 ‘‘(i)(I) has encountered technical or 

25 programmatic challenges identified by the 


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1 Secretary in the 2012 report transmitted 

2 to Congress pursuant to subsection (d); 

3 and 

4 ‘‘(II) the challenges referred to in 

5 subclause (I) have negatively affected the 

6 successful implementation of positive train 

7 control systems; 

8 ‘‘(ii) is demonstrating due diligence in 

9 its effort to implement a positive train con10 trol system; 

11 ‘‘(iii) has included in its plan mile12 stones or metrics that demonstrate the 

13 railroad carrier or other entity intends to 

14 make sustained and substantial progress 

15 toward positive train control system imple16 mentation; and 

17 ‘‘(iv) has set an implementation 

18 schedule in its plan that complies with 

19 paragraph (7). 

20 ‘‘(C) MODIFICATION OF UPDATED

21 PLANS.—(i) If the Secretary has not approved 

22 an updated plan under subparagraph (B) with23 in 60 days of receiving the updated plan under 

24 subparagraph (A), the Secretary shall imme25 diately— 


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1 ‘‘(I) provide a written response to the 

2 railroad carrier or other entity that identi3 fies the reason for not approving the up4 dated plan and explains any incomplete or 

5 deficient items; 

6 ‘‘(II) allow the railroad carrier or 

7 other entity to submit, within 30 days of 

8 receiving the written response under sub9 clause (I), a modified updated plan for the 

10 Secretary’s review; and 

11 ‘‘(III) approve or disapprove a modi12 fied updated plan submitted under sub13 clause (II) not later than 30 days after re14 ceipt. 

15 ‘‘(ii) If the Secretary does not approve an 

16 updated plan not later than 60 days after re17 ceiving the updated plan under subparagraph 

18 (A) and does not provide a written response to 

19 the railroad carrier or other entity at the end 

20 of the 60-day period described in clause (i), the 

21 updated plan is deemed to have been approved 

22 by the Secretary. 

23 ‘‘(D) PUBLIC AVAILABILITY.—Not later 

24 than 30 days after approving an updated plan 

25 under this paragraph, the Secretary shall make 


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1 the updated plan available on the website of the 

2 Federal Railroad Administration. 

3 ‘‘(E) PENDING REVIEWS.—For an appli4 cant that submits an updated plan under sub5 paragraph (A), the Secretary shall extend the 

6 deadline for implementing a positive train con7 trol system at least until the date the Secretary 

8 approves or issues final disapproval for the up9 dated plan with an updated implementation 

10 schedule (as described in paragraph (4)(B)). 

11 ‘‘(4) CONTENTS OF UPDATED PLAN.— 

12 ‘‘(A) MILESTONES OR METRICS.—Each up13 dated plan submitted under paragraph (3) shall 

14 show that the Class I railroad carrier or other 

15 entity subject to paragraph (1) is making sus16 tained and substantial progress toward positive 

17 train control system implementation by describ18 ing the following milestones or metrics: 

19 ‘‘(i) The total number of components 

20 that will be installed, equipped, or deployed 

21 with positive train control by the end of 

22 each calendar year until positive train con23 trol is fully implemented, with totals sepa24 rated by each component category. 


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1 ‘‘(ii) The number of employees that 

2 will receive the training, as required under 

3 the applicable positive train control system 

4 regulations, by the end of each calendar 

5 year until positive train control is fully im6 plemented. 

7 ‘‘(iii) The calendar year or years in 

8 which spectrum will be acquired and will 

9 be available for use in all areas that it is 

10 needed for positive train control implemen11 tation, if such spectrum is not already ac12 quired and ready for use. 

13 ‘‘(B) IMPLEMENTATION SCHEDULE.—Each 

14 updated plan submitted under paragraph (3) 

15 shall include an implementation schedule that 

16 identifies the dates by which the railroad carrier 

17 or other entity will— 

18 ‘‘(i) fully implement a positive train 

19 control system; 

20 ‘‘(ii) complete all component installa21 tion, consistent with the milestones or 

22 metrics described in subparagraph (A)(i); 

23 ‘‘(iii) complete all employee training 

24 required under the applicable positive train 

25 control system regulations, consistent with 


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1 the milestones or metrics described in sub2 paragraph (A)(ii); 

3 ‘‘(iv) acquire all necessary spectrum, 

4 consistent with the milestones or metrics in 

5 subparagraph (A)(iii); and 

6 ‘‘(v) complete system testing. 

7 ‘‘(C) ADDITIONAL INFORMATION.—Each 

8 updated plan submitted under paragraph (3) 

9 shall include— 

10 ‘‘(i) the total number of positive train 

11 control components required for implemen12 tation, with totals separated by each major 

13 component category; 

14 ‘‘(ii) the total number of employees 

15 requiring training under the applicable 

16 positive train control system regulations; 

17 and 

18 ‘‘(iii) a summary of the remaining 

19 challenges to positive train control system 

20 implementation, including— 

21 ‘‘(I) testing issues; 

22 ‘‘(II) interoperability challenges; 

23 ‘‘(III) permitting issues; and 

24 ‘‘(IV) certification challenges. 


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1 ‘‘(D) DEFINED TERM.—In this paragraph, 

2 the term ‘component’ means a locomotive appa3 ratus, a wayside interface unit (including any 

4 associated legacy signal system replacements), 

5 switches in non-signaled positive train control 

6 territory, a base station radio, a wayside radio, 

7 or a locomotive radio. 

8 ‘‘(5) PLAN IMPLEMENTATION.—The Class I 

9 railroad carrier or other entity subject to paragraph 

10 (1) shall implement a positive train control system 

11 in accordance with its plan, including any amend12 ments made to the plan by its updated plan ap13 proved by the Secretary under paragraph (3). 

14 ‘‘(6) PROGRESS REPORT.—Each Class I rail15 road carrier or other entity with an approved up16 dated plan shall submit an annual report to the Sec17 retary that describes the progress made on positive 

18 train control implementation, including— 

19 ‘‘(A) the extent to which the railroad car20 rier or other entity met or exceeded the metrics 

21 or milestones described in paragraph (4)(A); 

22 ‘‘(B) the extent to which the railroad car23 rier or other entity complied with its implemen24 tation schedule under paragraph (4)(B); and 


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1 ‘‘(C) any update to the information pro2 vided under paragraph (4)(C). 

3 ‘‘(7) CONSTRAINT.—The Secretary may not ap4 prove an updated plan that includes a date for the 

5 completion of component installation or a date for 

6 the completion of spectrum acquisition that is later 

7 than December 31, 2018.’’. 

8 (b) ENFORCEMENT.—Section 20157(e) is amended 

9 to read as follows: 

10 ‘‘(e) ENFORCEMENT.—The Secretary is authorized to 

11 assess civil penalties pursuant to chapter 213 for the fail12 ure to submit or comply with a plan for implementing 

13 positive train control under subsection (a), including any 

14 amendments to the plan made by an updated plan (includ15 ing milestones or metrics and an updated implementation 

16 schedule) approved by the Secretary under paragraph (3) 

17 of such subsection.’’. 

18 (c) CONFORMING AMENDMENT.—Section 20157(g) is 

19 amended— 

20 (1) by striking ‘‘The Secretary’’ and inserting 

21 the following: 

22 ‘‘(1) IN GENERAL.—The Secretary’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(2) CONFORMING REGULATORY AMEND25 MENTS.—Immediately after the date of the enactVerDate Sep 11 2014 22:26 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\S1732.IS S1732

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1 ment of the Comprehensive Transportation and Con2 sumer Protection Act of 2015, the Secretary— 

3 ‘‘(A) shall remove or revise any references 

4 to specified dates in the regulations or orders 

5 implementing this section to the extent nec6 essary to conform with the amendments made 

7 by such Act; and 

8 ‘‘(B) may not enforce any such date-spe9 cific deadlines or requirements that are incon10 sistent with the amendments made by such 

11 Act.’’. 

12 (d) SAVINGS PROVISIONS.— 

13 (1) RESUBMISSION OF INFORMATION.—Nothing 

14 in the amendments made by this section may be con15 strued to require a Class I railroad carrier or other 

16 entity subject to paragraph (1) of section 20157(a) 

17 of title 49, United States Code, to resubmit in its 

18 updated plan information from its initial implemen19 tation plan that is not changed or affected by the 

20 updated plan. The Secretary shall consider an up21 dated plan submitted pursuant to paragraph (3) of 

22 such section to be an addendum to the initial imple23 mentation plan. 

24 (2) SUBMISSION OF NEW PLAN.—Nothing in 

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1 strued to require a Class I railroad carrier or other 

2 entity subject to section 20157(a)(1) of title 49, 

3 United States Code, to submit a new implementation 

4 plan pursuant to the deadline set forth in such sec5 tion. 

6 SEC. 5443. EARLY ADOPTION AND INTEROPERABILITY. 

7 (a) EARLY ADOPTION.—During the 1-year period be8 ginning on the date on which the last railroad carrier’s 

9 or other entity’s positive train control system, subject to 

10 section 20157(a) of title 49, United States Code, is cer11 tified by the Secretary under subsection (h) of such section 

12 and implemented on all of that railroad carrier’s or other 

13 entity’s lines required to have operations governed by a 

14 positive train control system, any railroad carrier or other 

15 entity that has been certified by the Secretary under such 

16 subsection shall not be subject to the operational restric17 tions set forth in subpart I of part 236 of title 49, Code 

18 of Federal Regulations, that would otherwise apply in the 

19 event of a positive train control system component failure. 

20 (b) INTEROPERABILITY PROCEDURE.—If multiple 

21 railroad carriers operate on a single railroad line through 

22 a trackage or haulage agreement, each railroad carrier op23 erating on the railroad line shall not be subject to the op24 erating restrictions set forth in subpart I of part 236 of 


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1 title 49, Code of Federal Regulations, with respect to the 

2 railroad line, until the Secretary certifies that— 

3 (1) each Class I railroad carrier and each entity 

4 providing regularly scheduled intercity or commuter 

5 rail passenger transportation that operates on the 

6 railroad line is in compliance with its positive train 

7 control requirements under section 20157(a) of title 

8 49, United States Code; 

9 (2) each Class II or Class III railroad that op10 erates on the railroad line is in compliance with the 

11 applicable regulatory requirements to equip loco12 motives operating in positive train control territory; 

13 and 

14 (3) the implementation of any and all positive 

15 train control systems are interoperable and oper16 ational on the railroad line in conformance with each 

17 approved implementation plan so that each freight 

18 and passenger railroad can operate on the line with 

19 that freight or passenger railroad’s positive train 

20 control equipment. 

21 (c) SMALL RAILROADS.—Not later than 120 days 

22 after the date of the enactment of this Act, the Secretary 

23 shall amend section 236.1006(b)(4)(iii)(B) of title 49, 

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1 erating in positive train control territory), to extend each 

2 deadline by 3 years. 

3 SEC. 5444. POSITIVE TRAIN CONTROL AT GRADE CROSS4 INGS EFFECTIVENESS STUDY. 

5 (a) STUDY.—After the Secretary certifies that each 

6 Class I railroad carrier and each entity providing regularly 

7 scheduled intercity or commuter rail passenger transpor8 tation is in compliance with the positive train control re9 quirements under section 20157(a) of title 49, United 

10 States Code, the Secretary shall enter into an agreement 

11 with the National Cooperative Rail Research Program 

12 Board— 

13 (1) to conduct a study of the possible effective14 ness of positive train control and related tech15 nologies on reducing collisions at highway-rail grade 

16 crossings; and 

17 (2) to submit a report containing the results of 

18 the study conducted under paragraph (1) to the 

19 Committee on Commerce, Science, and Transpor20 tation of the Senate and the Committee on Trans21 portation and Infrastructure of the House of Rep22 resentatives. 

23 (b) FUNDING.—The Secretary may require, as part 

24 of the agreement under subsection (a), that the National 

25 Cooperative Rail Research Program Board fund the study 


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1 required under this section using such sums as may be 

2 necessary out of the amounts made available under section 

3 24910 of title 49, United States Code. 

4 Subtitle E—Project Delivery 

5 SEC. 5501. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Track, Railroad, 

7 and Infrastructure Network Act’’. 

8 SEC. 5502. PRESERVATION OF PUBLIC LANDS. 

9 (a) HIGHWAYS.—Section 138 of title 23, United 

10 States Code, is amended— 

11 (1) in subsection (b)(2)(A)(i), by inserting ‘‘, 

12 taking into consideration any avoidance, minimiza13 tion, and mitigation or enhancement measures incor14 porated into the program or project’’ after ‘‘historic 

15 site’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(c) RAIL AND TRANSIT.—Improvements to, or the 

18 maintenance, rehabilitation, or operation of, railroad or 

19 rail transit lines or elements of such lines, with the excep20 tion of stations, that are in use or were historically used 

21 for the transportation of goods or passengers, shall not 

22 be considered a use of a historic site under subsection (a), 

23 regardless of whether the railroad or rail transit line or 

24 element of such line is listed on, or eligible for listing on, 

25 the National Register of Historic Places.’’. 


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1 (b) TRANSPORTATION PROJECTS.—Section 303 is 

2 amended— 

3 (1) in subsection (c), by striking ‘‘subsection 

4 (d)’’ and inserting ‘‘subsections (d) and (e)’’; 

5 (2) in subsection (d)(2)(A)(i), by inserting ‘‘, 

6 taking into consideration any avoidance, minimiza7 tion, and mitigation or enhancement measures incor8 porated into the program or project’’ after ‘‘historic 

9 site’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(e) RAIL AND TRANSIT.—Improvements to, or the 

12 maintenance, rehabilitation, or operation of, railroad or 

13 rail transit lines or elements of such lines, with the excep14 tion of stations, that are in use or were historically used 

15 for the transportation of goods or passengers, shall not 

16 be considered a use of a historic site under subsection (c), 

17 regardless of whether the railroad or rail transit line or 

18 element of such line is listed on, or eligible for listing on, 

19 the National Register of Historic Places.’’. 

20 SEC. 5503. EFFICIENT ENVIRONMENTAL REVIEWS. 

21 (a) IN GENERAL.—Section 304 is amended— 

22 (1) in the heading, by striking ‘‘for 

23 multimodal projects’’ and inserting ‘‘and in24 creasing the efficiency of environmental 

25 reviews’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(e) EFFICIENT ENVIRONMENTAL REVIEWS.— 

3 ‘‘(1) IN GENERAL.—The Secretary of Transpor4 tation shall apply the project development proce5 dures, to the greatest extent feasible, described in 

6 section 139 of title 23, United States Code, to any 

7 rail project that requires the approval of the Sec8 retary of Transportation under the National Envi9 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.). 

11 ‘‘(2) REGULATIONS AND PROCEDURES.—The 

12 Secretary of Transportation shall incorporate such 

13 project development procedures into the agency reg14 ulations and procedures pertaining to rail projects. 

15 ‘‘(f) APPLICABILITY OF NEPA DECISIONS.— 

16 ‘‘(1) IN GENERAL.—A Department of Trans17 portation operating administration may apply a cat18 egorical exclusion designated by another Department 

19 of Transportation operating administration under 

20 the National Environmental Policy Act of 1969 (42 

21 U.S.C. 4321 et seq.). 

22 ‘‘(2) FINDINGS.—A Department of Transpor23 tation operating administration may adopt, in whole 

24 or in part, another Department of Transportation 

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1 ing of No Significant Impact, and any associated 

2 evaluations, determinations, or findings dem3 onstrating compliance with any law related to envi4 ronmental review or historic preservation.’’. 

5 SEC. 5504. ADVANCE ACQUISITION. 

6 (a) IN GENERAL.—Chapter 241 is amended by in7 serting after section 24105 the following: 

8 ‘‘§ 24106. Advance acquisition 

9 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec10 retary may assist a recipient of funding in acquiring right11 of-way and adjacent real property interests before or dur12 ing the completion of the environmental reviews for any 

13 project receiving funding under subtitle V of title 49, 

14 United States Code, that may use such property interests 

15 if the acquisition is otherwise permitted under Federal 

16 law, and the recipient requesting Federal funding for the 

17 acquisition certifies, with the concurrence of the Secretary, 

18 that— 

19 ‘‘(1) the recipient has authority to acquire the 

20 right-of-way or adjacent real property interest; and 

21 ‘‘(2) the acquisition of the right-of-way or adja22 cent real property interest— 

23 ‘‘(A) is for a transportation or transpor24 tation-related purpose; 


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1 ‘‘(B) will not cause significant adverse en2 vironmental impact; 

3 ‘‘(C) will not limit the choice of reasonable 

4 alternatives for the proposed project or other5 wise influence the decision of the Secretary on 

6 any approval required for the proposed project; 

7 ‘‘(D) does not prevent the lead agency for 

8 the review process from making an impartial 

9 decision as to whether to accept an alternative 

10 that is being considered; 

11 ‘‘(E) complies with other applicable Fed12 eral law, including regulations; 

13 ‘‘(F) will be acquired through negotiation 

14 and without the threat of condemnation; and 

15 ‘‘(G) will not result in the elimination or 

16 reduction of benefits or assistance to a dis17 placed person under the Uniform Relocation 

18 Assistance and Real Property Acquisition Poli19 cies Act of 1970 (42 U.S.C. 4601 et seq.) and 

20 title VI of the Civil Rights Act of 1964 (42 

21 U.S.C. 2000d et seq.). 

22 ‘‘(b) ENVIRONMENTAL REVIEWS.— 

23 ‘‘(1) COMPLETION OF NEPA REVIEW.—Before 

24 authorizing any Federal funding for the acquisition 

25 of a real property interest that is the subject of a 


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1 grant or other funding under this subtitle, the Sec2 retary shall complete, if required, the review process 

3 under the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.) with respect to the 

5 acquisition. 

6 ‘‘(2) COMPLETION OF SECTION 106.—An acqui7 sition of a real property interest involving a historic 

8 site shall not occur unless the section 106 process, 

9 if required, under the National Historic Preservation 

10 Act (54 U.S.C. 306108) is complete. 

11 ‘‘(3) TIMING OF ACQUISITIONS.—A real prop12 erty interest acquired under subsection (a) may not 

13 be developed in anticipation of the proposed project 

14 until all required environmental reviews for the 

15 project have been completed.’’. 

16 (b) CONFORMING AMENDMENT.—The table of con17 tents of chapter 241 is amended by inserting after the 

18 item relating to section 24105 the following: 

‘‘24106. Advance acquisition.’’. 

19 SEC. 5505. RAILROAD RIGHTS-OF-WAY. 

20 Section 306108 of title 54, United States Code, is 

21 amended— 

22 (1) by inserting ‘‘(b) OPPORTUNITY TO COM23 MENT.—’’ before ‘‘The head of the Federal agency 

24 shall afford’’ and indenting accordingly; 


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1 (2) in the matter before subsection (b), by in2 serting ‘‘(a) IN GENERAL.—’’ before ‘‘The head of 

3 any Federal agency having direct’’ and indenting ac4 cordingly; and 

5 (3) by adding at the end the following: 

6 ‘‘(c) EXEMPTION FOR RAILROAD RIGHTS-OF-WAY.— 

7 ‘‘(1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of the Track, Railroad, and 

9 Infrastructure Network Act, the Secretary of Trans10 portation shall submit a proposed exemption of rail11 road rights-of-way from the review under this chap12 ter to the Council for its consideration, consistent 

13 with the exemption for interstate highways approved 

14 on March 10, 2005 (70 Fed. Reg. 11,928). 

15 ‘‘(2) FINAL EXEMPTION.—Not later than 180 

16 days after the date that the Secretary submits the 

17 proposed exemption under paragraph (1) to the 

18 Council, the Council shall issue a final exemption of 

19 railroad rights-of-way from review under this chap20 ter, consistent with the exemption for interstate 

21 highways approved on March 10, 2005 (70 Fed. 

22 Reg. 11,928).’’. 


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1 SEC. 5506. IMPROVING STATE AND FEDERAL AGENCY EN2 GAGEMENT IN ENVIRONMENTAL REVIEWS. 

3 (a) IN GENERAL.—Chapter 3 is amended by insert4 ing after section 306 the following: 

5 ‘‘§ 307. Improving State and Federal agency engage6 ment in environmental reviews 

7 ‘‘(a) IN GENERAL.—An entity receiving financial as8 sistance from the Secretary of Transportation for 1 or 

9 more projects or for a program of projects, may request 

10 that the Secretary allow the entity to provide funds to any 

11 Federal agency, including the Department of Transpor12 tation, State agency, or Indian tribe (as defined in section 

13 102 of the Federally Recognized Indian Tribe List Act 

14 of 1994 (25 U.S.C. 479a)) participating in the environ15 mental planning and review process for the project, 

16 projects, or program. The funds may be provided only to 

17 support activities that directly and meaningfully con18 tribute to expediting and improving permitting and review 

19 processes, including planning, approval, and consultation 

20 processes for the project, projects, or program. 

21 ‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activi22 ties for which funds may be provided under subsection (a) 

23 include transportation planning activities that precede the 

24 initiation of the environmental review process, activities 

25 directly related to the environmental review process, dedi26 cated staffing, training of agency personnel, information 


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1 gathering and mapping, and development of programmatic 

2 agreements. 

3 ‘‘(c) AMOUNTS.—Requests under subsection (a) may 

4 be approved only for the additional amounts that the Sec5 retary determines are necessary for the Federal agencies, 

6 State agencies, or Indian tribes participating in the envi7 ronmental planning and review process to timely conduct 

8 the reviews in an expedited manner. 

9 ‘‘(d) AGREEMENTS.—Prior to providing funds ap10 proved by the Secretary for dedicated staffing at an af11 fected Federal agency under subsections (a) and (b), the 

12 affected Federal agency, State agency or Indian tribe, as 

13 appropriate, and the requesting entity shall enter into an 

14 agreement that establishes a process to identify the 

15 projects or priorities to be addressed by the use of the 

16 funds. 

17 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed to be inconsistent with or to inter19 fere with section 139(j) of title 23.’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents of chapter 3 is amended by inserting after the item 

22 relating to section 306 the following: 

‘‘307. Improving State and Federal agency engagement in environmental reviews.’’. 


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1 SEC. 5507. SAVINGS CLAUSE. 

2 Nothing in this title, or any amendment made by this 

3 title, shall be construed as superceding, amending, or 

4 modifying the National Environmental Policy Act of 1969 

5 (42 U.S.C. 4321 et seq.) or affect the responsibility of any 

6 Federal officer to comply with or enforce any such statute. 

7 SEC. 5508. TRANSITION. 

8 Nothing in this title, or any amendment made by this 

9 title, shall affect any existing environmental review proc10 ess, program, agreement, or funding arrangement ap11 proved by the Secretary under title 49, United States 

12 Code, as that title was in effect on the day preceding the 

13 date of enactment of this subtitle. 

14 Subtitle F—Financing 

15 SEC. 5601. SHORT TITLE; REFERENCES. 

16 (a) SHORT TITLE.—This subtitle may be cited as the 

17 ‘‘Railroad Infrastructure Financing Improvement Act’’. 

18 (b) REFERENCES TO THE RAILROAD REVITALIZA19 TION AND REGULATORY REFORM ACT OF 1976.—Except 

20 as otherwise expressly provided, wherever in this subtitle 

21 an amendment or repeal is expressed in terms of an 

22 amendment to, or repeal of, a section or other provision, 

23 the reference shall be considered to be made to a section 

24 or other provision of the Railroad Revitalization and Regu25 latory Reform Act of 1976, as amended (45 U.S.C. 801 

26 et seq.). 


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1 SEC. 5602. DEFINITIONS. 

2 Section 501 (45 U.S.C. 821) is amended— 

3 (1) by redesignating paragraph (8) as para4 graph (10); 

5 (2) by redesignating paragraphs (6) and (7) as 

6 paragraphs (7) and (8), respectively; 

7 (3) by inserting after paragraph (5) the fol8 lowing: 

9 ‘‘(6) The term ‘investment-grade rating’ means 

10 a rating of BBB minus, Baa 3, bbb minus, 

11 BBB(low), or higher assigned by a rating agency.’’; 

12 (4) by inserting after paragraph (8), as redesig13 nated, the following: 

14 ‘‘(9) The term ‘master credit agreement’ means 

15 an agreement to make 1 or more direct loans or loan 

16 guarantees at future dates for a program of related 

17 projects on terms acceptable to the Secretary.’’; and 

18 (5) by adding at the end the following: 

19 ‘‘(11) The term ‘obligor’ means a party that— 

20 ‘‘(A) is primarily liable for payment of the 

21 principal of or interest on a direct loan or loan 

22 guarantee under this section; and 

23 ‘‘(B) may be a corporation, limited liability 

24 company, partnership, joint venture, trust, or 

25 governmental entity, agency, or instrumentality. 


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1 ‘‘(12) The term ‘project obligation’ means a 

2 note, bond, debenture, or other debt obligation 

3 issued by a borrower in connection with the financ4 ing of a project, other than a direct loan or loan 

5 guarantee under this title. 

6 ‘‘(13) The term ‘railroad’ has the meaning 

7 given the term ‘railroad carrier’ in section 20102 of 

8 title 49, United States Code. 

9 ‘‘(14) The term ‘rating agency’ means a credit 

10 rating agency registered with the Securities and Ex11 change Commission as a nationally recognized statis12 tical rating organization (as defined in section 3(a) 

13 of the Securities Exchange Act of 1934 (15 U.S.C. 

14 78c(a))). 

15 ‘‘(15) The term ‘substantial completion’ 

16 means— 

17 ‘‘(A) the opening of a project to passenger 

18 or freight traffic; or 

19 ‘‘(B) a comparable event, as determined by 

20 the Secretary and specified in the direct loan.’’. 

21 SEC. 5603. ELIGIBLE APPLICANTS. 

22 Section 502(a) (45 U.S.C. 822(a)) is amended— 

23 (1) in paragraph (5), by striking ‘‘one railroad; 

24 and’’ and inserting ‘‘1 of the entities described in 

25 paragraph (1), (2), (3), (4), or (6);’’; 


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1 (2) by amending paragraph (6) to read as fol2 lows: 

3 ‘‘(6) solely for the purpose of constructing a 

4 rail connection between a plant or facility and a rail 

5 carrier, limited option freight shippers that own or 

6 operate a plant or other facility; and’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(7) any obligor, as designated by an entity 

9 otherwise eligible to receive a direct loan or loan 

10 guarantee under this section, including a special 

11 purpose entity receiving user fees or other payments 

12 or revenues from dedicated sources for debt service 

13 and maintenance of the equipment or facilities to be 

14 acquired or improved; and 

15 ‘‘(8) a public-private or private partnership be16 tween at least 1 other entity listed in any of para17 graphs (1) through (7) and a consortium that spe18 cializes in real estate development.’’. 

19 SEC. 5604. ELIGIBLE PURPOSES. 

20 Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amend21 ed— 

22 (1) in subparagraph (A), by inserting ‘‘, and 

23 costs related to these activities, including pre-con24 struction costs’’ after ‘‘shops’’; 


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1 (2) in subparagraph (B), by striking ‘‘subpara2 graph (A); or’’ and inserting ‘‘subparagraph (A) or 

3 (C);’’; 

4 (3) in subparagraph (C), by striking the period 

5 at the end and inserting a semicolon; and 

6 (4) by adding at the end the following: 

7 ‘‘(D) reimburse planning and design ex8 penses relating to projects described in subpara9 graph (A) or (C); or 

10 ‘‘(E) finance economic development, in11 cluding commercial and residential development, 

12 and related infrastructure and activities, that— 

13 ‘‘(i) incorporates private investment; 

14 ‘‘(ii) is physically or functionally re15 lated to a passenger rail station or 

16 multimodal station that includes rail serv17 ice; 

18 ‘‘(iii) has a high probability of the ap19 plicant commencing the contracting proc20 ess for construction not later than 90 days 

21 after the date on which the direct loan or 

22 loan guarantee is obligated for the project 

23 under this title; and 

24 ‘‘(iv) has a high probability of reduc25 ing the need for financial assistance under 


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1 any other Federal program for the relevant 

2 passenger rail station or service by increas3 ing ridership, tenant lease payments, or 

4 other activities that generate revenue ex5 ceeding costs.’’. 

6 SEC. 5605. PROGRAM ADMINISTRATION. 

7 (a) APPLICATION PROCESSING PROCEDURES.—Sec8 tion 502(i) (45 U.S.C. 822(i)) is amended to read as fol9 lows: 

10 ‘‘(i) APPLICATION PROCESSING PROCEDURES.— 

11 ‘‘(1) APPLICATION STATUS NOTICES.—Not later 

12 than 30 days after the date that the Secretary re13 ceives an application under this section, the Sec14 retary shall provide the applicant written notice as 

15 to whether the application is complete or incomplete. 

16 ‘‘(2) INCOMPLETE APPLICATIONS.—If the Sec17 retary determines that an application is incomplete, 

18 the Secretary shall— 

19 ‘‘(A) provide the applicant with a descrip20 tion of all of the specific information or mate21 rial that is needed to complete the application; 

22 and 

23 ‘‘(B) allow the applicant to resubmit the 

24 information and material described under sub25 paragraph (A) to complete the application. 


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1 ‘‘(3) APPLICATION APPROVALS AND DIS2 APPROVALS.— 

3 ‘‘(A) IN GENERAL.—Not later than 60 

4 days after the date the Secretary notifies an ap5 plicant that an application is complete under 

6 paragraph (1), the Secretary shall provide the 

7 applicant written notice as to whether the Sec8 retary has approved or disapproved the applica9 tion. 

10 ‘‘(B) ACTIONS BY THE OFFICE OF MAN11 AGEMENT AND BUDGET.—In order to enable 

12 compliance with the time limit under subpara13 graph (A), the Office of Management and 

14 Budget shall take any action required with re15 spect to the application within that 60-day pe16 riod. 

17 ‘‘(4) EXPEDITED PROCESSING.—The Secretary 

18 shall implement procedures and measures to econo19 mize the time and cost involved in obtaining an ap20 proval or a disapproval of credit assistance under 

21 this title. 

22 ‘‘(5) DASHBOARD.—The Secretary shall post on 

23 the Department of Transportation’s public Web site 

24 a monthly report that includes for each applica25 tion— 


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1 ‘‘(A) the name of the applicant or appli2 cants; 

3 ‘‘(B) the location of the project; 

4 ‘‘(C) a brief description of the project, in5 cluding its purpose; 

6 ‘‘(D) the requested direct loan or loan 

7 guarantee amount; 

8 ‘‘(E) the date on which the Secretary pro9 vided application status notice under paragraph 

10 (1); and 

11 ‘‘(F) the date that the Secretary provided 

12 notice of approval or disapproval under para13 graph (3).’’. 

14 (b) ADMINISTRATION OF DIRECT LOANS AND LOAN

15 GUARANTEES.—Section 503 (45 U.S.C. 823) is amend16 ed— 

17 (1) in subsection (a), by striking the period at 

18 the end and inserting ‘‘, including a program guide 

19 and standard term sheet and specific timetables.’’; 

20 (2) by redesignating subsections (c) through (l) 

21 as subsections (d) through (m), respectively; 

22 (3) by striking ‘‘(b) ASSIGNMENT OF LOAN

23 GUARANTEES.—’’ and inserting ‘‘(c) ASSIGNMENT

24 OF LOAN GUARANTEES.—’’; 

25 (4) in subsection (d), as redesignated— 


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1 (A) in paragraph (1), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (B) in paragraph (2), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(3) the modification cost has been covered 

7 under section 502(f).’’; and 

8 (5) by amending subsection (l), as redesignated, 

9 to read as follows: 

10 ‘‘(l) CHARGES AND LOAN SERVICING.— 

11 ‘‘(1) PURPOSES.—The Secretary may collect 

12 and spend from each applicant, obligor, or loan 

13 party a reasonable charge for— 

14 ‘‘(A) the cost of evaluating the application, 

15 amendments, modifications, and waivers, in16 cluding for evaluating project viability, appli17 cant creditworthiness, and the appraisal of the 

18 value of the equipment or facilities for which 

19 the direct loan or loan guarantee is sought, and 

20 for making necessary determinations and find21 ings; 

22 ‘‘(B) the cost of award management and 

23 project management oversight; 

24 ‘‘(C) the cost of services from expert firms, 

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1 visors to assist in the underwriting, auditing, 

2 servicing, and exercise of rights with respect to 

3 direct loans and loan guarantees; and 

4 ‘‘(D) the cost of all other expenses in5 curred as a result of a breach of any term or 

6 condition or any event of default on a direct 

7 loan or loan guarantee. 

8 ‘‘(2) STANDARDS.—The Secretary may charge 

9 different amounts under this subsection based on the 

10 different costs incurred under paragraph (1). 

11 ‘‘(3) SERVICER.— 

12 ‘‘(A) IN GENERAL.—The Secretary may 

13 appoint a financial entity to assist the Secretary 

14 in servicing a direct loan or loan guarantee 

15 under this section. 

16 ‘‘(B) DUTIES.—A servicer appointed under 

17 subparagraph (A) shall act as the agent of the 

18 Secretary in serving a direct loan or loan guar19 antee under this section. 

20 ‘‘(C) FEES.—A servicer appointed under 

21 subparagraph (A) shall receive a servicing fee 

22 from the obligor or other loan party, subject to 

23 approval by the Secretary. 

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1 cant may use grants under chapter 244 of title 49, 

2 United States Code, to pay any charge under this 

3 subsection. 

4 ‘‘(5) SAFETY AND OPERATIONS ACCOUNT.— 

5 Amounts collected under this subsection shall— 

6 ‘‘(A) be credited directly to the Safety and 

7 Operations account of the Federal Railroad Ad8 ministration; and 

9 ‘‘(B) remain available until expended to 

10 pay for the costs described in this subsection.’’. 

11 SEC. 5606. LOAN TERMS AND REPAYMENT. 

12 (a) PREREQUISITES FOR ASSISTANCE.—Section 

13 502(g)(1) (45 U.S.C. 822(g)(1)) is amended by striking 

14 ‘‘35 years from the date of its execution’’ and inserting 

15 ‘‘the lesser of 35 years after the date of substantial com16 pletion of the project or the estimated useful life of the 

17 rail equipment or facilities to be acquired, rehabilitated, 

18 improved, developed, or established’’. 

19 (b) REPAYMENT SCHEDULES.—Section 502(j) (45 

20 U.S.C. 822(j)) is amended— 

21 (1) in paragraph (1), by striking ‘‘the sixth an22 niversary date of the original loan disbursement’’ 

23 and inserting ‘‘5 years after the date of substantial 

24 completion’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(3) DEFERRED PAYMENTS.— 

2 ‘‘(A) IN GENERAL.—If at any time after 

3 the date of substantial completion the project is 

4 unable to generate sufficient revenues to pay 

5 the scheduled loan repayments of principal and 

6 interest on the direct loan, the Secretary, sub7 ject to subparagraph (B), may allow, for a max8 imum aggregate time of 1 year over the dura9 tion of the direct loan, the obligor to add un10 paid principal and interest to the outstanding 

11 balance of the direct loan. 

12 ‘‘(B) INTEREST.—A payment deferred 

13 under subparagraph (A) shall— 

14 ‘‘(i) continue to accrue interest under 

15 paragraph (2) until the loan is fully repaid; 

16 and 

17 ‘‘(ii) be scheduled to be amortized 

18 over the remaining term of the loan. 

19 ‘‘(4) PREPAYMENTS.— 

20 ‘‘(A) USE OF EXCESS REVENUES.—Any 

21 excess revenues that remain after satisfying 

22 scheduled debt service requirements on the 

23 project obligations and direct loan and all de24 posit requirements under the terms of any trust 

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1 ment securing project obligations may be ap2 plied annually to prepay the direct loan without 

3 penalty. 

4 ‘‘(B) USE OF PROCEEDS OF REFI5 NANCING.—The direct loan may be prepaid at 

6 any time without penalty from the proceeds of 

7 refinancing from non-Federal funding 

8 sources.’’. 

9 (c) SALE OF DIRECT LOANS.—Section 502 (45 

10 U.S.C. 822) is amended by adding at the end the fol11 lowing: 

12 ‘‘(k) SALE OF DIRECT LOANS.— 

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

14 and as soon as practicable after substantial comple15 tion of a project, the Secretary, after notifying the 

16 obligor, may sell to another entity or reoffer into the 

17 capital markets a direct loan for the project if the 

18 Secretary determines that the sale or reoffering has 

19 a high probability of being made on favorable terms. 

20 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale 

21 or reoffering under paragraph (1), the Secretary 

22 may not change the original terms and conditions of 

23 the secured loan without the prior written consent of 

24 the obligor.’’. 


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1 (d) NONSUBORDINATION.—Section 502 (45 U.S.C. 

2 822), as amended in subsection (c), is further amended 

3 by adding at the end the following: 

4 ‘‘(l) NONSUBORDINATION.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2)(B), a direct loan shall not be subordinated 

7 to the claims of any holder of project obligations in 

8 the event of bankruptcy, insolvency, or liquidation of 

9 the obligor. 

10 ‘‘(2) PREEXISTING INDENTURES.— 

11 ‘‘(A) IN GENERAL.—The Secretary may 

12 waive the requirement under paragraph (1) for 

13 a public agency borrower that is financing on14 going capital programs and has outstanding 

15 senior bonds under a preexisting indenture if— 

16 ‘‘(i) the direct loan is rated in the A 

17 category or higher; 

18 ‘‘(ii) the direct loan is secured and 

19 payable from pledged revenues not affected 

20 by project performance, such as a tax21 based revenue pledge or a system-backed 

22 pledge of project revenues; and 

23 ‘‘(iii) the program share, under this 

24 title, of eligible project costs is 50 percent 

25 or less. 


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1 ‘‘(B) LIMITATION.—The Secretary may 

2 impose limitations for the waiver of the non3 subordination requirement under this para4 graph if the Secretary determines that such 

5 limitations would be in the financial interest of 

6 the Federal Government.’’. 

7 SEC. 5607. CREDIT RISK PREMIUMS. 

8 Section 502(f) (45 U.S.C. 822(f)) is amended— 

9 (1) in paragraph (1), by amending the first sen10 tence to read as follows: ‘‘In lieu of or in combina11 tion with appropriations of budget authority to cover 

12 the costs of direct loans and loan guarantees as re13 quired under section 504(b)(1) of the Federal Credit 

14 Reform Act of 1990 (2 U.S.C. 661c(b)(1)), includ15 ing the cost of a modification thereof, the Secretary 

16 may accept on behalf of an applicant for assistance 

17 under this section a commitment from a non-Federal 

18 source, including a State or local government or 

19 agency or public benefit corporation or public au20 thority thereof, to fund in whole or in part credit 

21 risk premiums and modification costs with respect to 

22 the loan that is the subject of the application or 

23 modification.’’; 

24 (2) in paragraph (2)— 


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1 (A) in subparagraph (D), by adding ‘‘and’’ 

2 after the semicolon; 

3 (B) by striking subparagraph (E); and 

4 (C) by redesignating subparagraph (F) as 

5 subparagraph (E); 

6 (3) by striking paragraph (4); 

7 (4) by redesignating paragraph (3) as para8 graph (4); 

9 (5) by inserting after paragraph (2) the fol10 lowing: 

11 ‘‘(3) CREDITWORTHINESS.—An applicant may 

12 propose and the Secretary may accept as a basis for 

13 determining the amount of the credit risk premium 

14 under paragraph (2) any of the following in addition 

15 to the value of any tangible asset: 

16 ‘‘(A) The net present value of a future 

17 stream of State or local subsidy income or other 

18 dedicated revenues to secure the direct loan or 

19 loan guarantee. 

20 ‘‘(B) Adequate coverage requirements to 

21 ensure repayment, on a non-recourse basis, 

22 from cash flows generated by the project or any 

23 other dedicated revenue source, including— 

24 ‘‘(i) tolls; 

25 ‘‘(ii) user fees; or 


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1 ‘‘(iii) payments owing to the obligor 

2 under a public-private partnership. 

3 ‘‘(C) An investment-grade rating on the di4 rect loan or loan guarantee, as applicable, ex5 cept that if the total amount of the direct loan 

6 or loan guarantee is greater than $75,000,000, 

7 the applicant shall have an investment-grade 

8 rating from at least 2 rating agencies on the di9 rect loan or loan guarantee.’’; 

10 (6) in paragraph (4), as redesignated, by strik11 ing ‘‘amounts’’ and inserting ‘‘amounts (and in the 

12 case of a modification, before the modification is ex13 ecuted), to the extent appropriations are not avail14 able to the Secretary to meet the costs of direct 

15 loans and loan guarantees, including costs of modi16 fications thereof’’; and 

17 (7) by adding at the end the following: 

18 ‘‘(5) USE OF OTHER FEDERAL FUNDS.—Not19 withstanding any other provision of law, an appli20 cant may use grants under chapter 244 of title 49, 

21 United States Code, to pay part or all of a credit 

22 risk premium or modification cost under this sub23 section.’’. 


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1 SEC. 5608. MASTER CREDIT AGREEMENTS. 

2 Section 502 (45 U.S.C. 822), as amended by sub3 sections (c) and (d) of section 5606 of this Act, is further 

4 amended by adding at the end the following: 

5 ‘‘(m) MASTER CREDIT AGREEMENTS.— 

6 ‘‘(1) IN GENERAL.—Subject to section 502(d) 

7 and paragraph (2) of this subsection, the Secretary 

8 may enter into a master credit agreement that pro9 vides for all of the conditions for the provision of a 

10 direct loan or loan guarantee, as applicable, under 

11 this title and other applicable requirements to be 

12 satisfied prior to the issuance of the direct loan or 

13 loan guarantee. 

14 ‘‘(2) CONDITIONS.—Each master credit agree15 ment shall— 

16 ‘‘(A) establish the maximum amount and 

17 general terms and conditions of each applicable 

18 direct loan or loan guarantee; 

19 ‘‘(B) identify 1 or more dedicated non20 Federal revenue sources that will secure the re21 payment of each applicable direct loan or loan 

22 guarantee; 

23 ‘‘(C) provide for the obligation of funds for 

24 the direct loans or loan guarantees after all re25 quirements have been met for the projects sub26 ject to the master credit agreement; and 


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1 ‘‘(D) provide 1 or more dates, as deter2 mined by the Secretary, before which the mas3 ter credit agreement results in each of the di4 rect loans or loan guarantees or in the release 

5 of the master credit agreement.’’. 

6 SEC. 5609. PRIORITIES AND CONDITIONS. 

7 (a) PRIORITY PROJECTS.—Section 502(c) (45 U.S.C. 

8 822(c)) is amended— 

9 (1) in paragraph (1), by inserting ‘‘, including 

10 projects for the installation of a positive train con11 trol system (as defined in section 20157(i) of title 

12 49, United States Code)’’ after ‘‘public safety’’; 

13 (2) by redesignating paragraphs (2) and (3) as 

14 paragraphs (3) and (2), respectively; 

15 (3) in paragraph (5), by inserting ‘‘or chapter 

16 227 of title 49’’ after ‘‘section 135 of title 23’’; 

17 (4) by redesignating paragraphs (6) through 

18 (8) as paragraphs (7) through (9), respectively; and 

19 (5) by inserting after paragraph (5) the fol20 lowing: 

21 ‘‘(6) improve railroad stations and passenger 

22 facilities and increase transit-oriented develop23 ment;’’. 

24 (b) CONDITIONS OF ASSISTANCE.—Section 502(h) 

25 (45 U.S.C. 822(h)) is amended— 


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1 (1) in paragraph (2), by inserting ‘‘, if applica2 ble’’ after ‘‘project’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(4) For a project described in subsection 

5 (b)(1)(E), the Secretary shall require the applicant, 

6 obligor, or other loan party, in addition to the inter7 est required under subsection (e), to provide the 

8 sponsor of the intercity passenger rail service or its 

9 designee, a fee or payment in an amount determined 

10 appropriate by the Secretary to provide an equitable 

11 share of project revenue to support the capital or op12 erating costs of the routes serving the passenger rail 

13 station or multimodal station where the development 

14 is located.’’. 

15 SEC. 5610. SAVINGS PROVISION. 

16 (a) IN GENERAL.—Except as provided in subsection 

17 (b), this subtitle, and the amendments made by this sub18 title, shall not affect any direct loan (or direct loan obliga19 tion) or an outstanding loan guarantee (or loan guarantee 

20 commitment) that was in effect prior to the date of enact21 ment of this Act. Any such transaction entered into before 

22 the date of enactment of this Act shall be administered 

23 until completion under its terms as if this Act were not 

24 enacted. 


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1 (b) MODIFICATION COSTS.—At the discretion of the 

2 Secretary, the authority to accept modification costs on 

3 behalf of an applicant under section 502(f) of the Railroad 

4 Revitalization and Regulatory Reform Act of 1976 (45 

5 U.S.C. 822(f)), as amended by section 5607 of this Act, 

6 may apply with respect to any direct loan (or direct loan 

7 obligation) or an outstanding loan guarantee (or loan 

8 guarantee commitment) that was in effect prior to the 

9 date of enactment of this Act. 

Æ 


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