II 

Calendar No. 478 

114TH CONGRESS 

2D 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 

MAY 23, 2016 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF2 ERENCES. 

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

4 ‘‘Comprehensive Transportation and Consumer Protection 

5 Act of 2015’’. 

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

7 this Act is as follows: 

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

Sec. 2. Definition of Secretary. 

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. 


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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

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. 


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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 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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1 TITLE I—OFFICE OF THE 

2 SECRETARY 

3 Subtitle A—Accelerating Project 

4 Delivery 

5 SEC. 1101. DELEGATION OF AUTHORITY. 

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

7 at the end the following: 

8 ‘‘§ 116. Administrations; acting officers 

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

10 3346(a)(2) of title 5, a person may serve as an acting offi11 cer for an administration in the Department of Transpor12 tation under section 3345 of that title for the 210-day pe13 riod under section 3346(a)(1) of that title, which period 

14 may only be extended if a nomination for the office is re15 ceived by the Senate. If the 210-day period under section 

16 3346(a)(1) of title 5 expires before a nomination for the 

17 office is received by the Senate, the Secretary of Transpor18 tation, notwithstanding section 3345 or subsections (b) 

19 and (c) of section 3348 of that title, shall successively des20 ignate, until a nomination for the office is received by the 

21 Senate, another officer or employee within the administra22 tion concerned to perform the functions and duties of the 

23 office temporarily in an acting capacity for no longer than 

24 210 days. This section is a statutory provision to which 

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


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

2 delegated to a person while serving as an acting officer 

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

4 that a nomination for that office is confirmed by the Sen5 ate or the date that another acting officer for that office 

6 is designated by the Secretary, as required by subsection 

7 (a), whichever is sooner. 

8 ‘‘(c) EXTRA PAY PROHIBITED.—An officer or em9 ployee may not receive pay in addition to the pay for his 

10 or her regular office or employment for performing the 

11 functions and duties of an office temporarily under sub12 section (a).’’. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents for chapter 1 is amended by inserting after the item 

15 relating to section 115 the following: 

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

16 (c) APPLICATION.—The amendment under subsection 

17 (a) shall apply to any applicable office with a position des18 ignated for a Senate confirmed official. 

19 SEC. 1102. INFRASTRUCTURE PERMITTING IMPROVEMENT 

20 CENTER. 

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

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

23 amended by inserting after section 311 the following: 


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1 ‘‘§ 312. Interagency Infrastructure Permitting Im2 provement Center 

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

4 of the Secretary an Interagency Infrastructure Permitting 

5 Improvement Center (referred to in this section as the 

6 ‘Center’). 

7 ‘‘(b) ROLES AND RESPONSIBILITIES.— 

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

9 the chair of the Steering Committee described in 

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

11 member agencies are represented. 

12 ‘‘(2) INFRASTRUCTURE PERMITTING STEERING

13 COMMITTEE.—An Infrastructure Permitting Steer14 ing Committee (referred to in this section as the 

15 ‘Steering Committee’) is established to oversee the 

16 work of the Center. The Steering Committee shall be 

17 chaired by the Federal Chief Performance Officer in 

18 consultation with the Chair of the Council on Envi19 ronmental Quality and shall be comprised of Dep20 uty-level representatives from the following depart21 ments and agencies: 

22 ‘‘(A) The Department of Defense. 

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

24 ‘‘(C) The Department of Agriculture. 

25 ‘‘(D) The Department of Commerce. 

26 ‘‘(E) The Department of Transportation. 


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1 ‘‘(F) The Department of Energy. 

2 ‘‘(G) The Department of Homeland Secu3 rity. 

4 ‘‘(H) The Environmental Protection Agen5 cy. 

6 ‘‘(I) The Advisory Council on Historic 

7 Preservation. 

8 ‘‘(J) The Department of the Army. 

9 ‘‘(K) The Department of Housing and 

10 Urban Development. 

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

12 Steering Committee invites to participate. 

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

14 Chair of the Steering Committee and undertake the 

15 following: 

16 ‘‘(A) Coordinate and support implementa17 tion of priority reform actions for Federal agen18 cy permitting and reviews for areas as defined 

19 and identified by the Steering Committee. 

20 ‘‘(B) Support modernization efforts at 

21 Federal agencies and interagency pilots for in22 novative approaches to the permitting and re23 view of infrastructure projects. 

24 ‘‘(C) Provide technical assistance and 

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1 eral agencies on policy changes, innovative ap2 proaches to project delivery, and other topics as 

3 appropriate. 

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

5 for timeliness of permit reviews, permit deci6 sions, and project outcomes. 

7 ‘‘(E) Administer and expand the use of on8 line transparency tools providing for— 

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

10 ‘‘(ii) development and posting of 

11 schedules for permit reviews and permit 

12 decisions; and 

13 ‘‘(iii) sharing of best practices related 

14 to efficient project permitting and reviews. 

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

16 progress toward achieving greater efficiency in 

17 permitting decisions and review of infrastruc18 ture projects and progress toward achieving 

19 better outcomes for communities and the envi20 ronment. 

21 ‘‘(4) INFRASTRUCTURE SECTORS COVERED.— 

22 The Center shall support process improvements in 

23 the permitting and review of projects in the fol24 lowing sectors: 

25 ‘‘(A) Surface transportation. 


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1 ‘‘(B) Aviation. 

2 ‘‘(C) Ports and waterways. 

3 ‘‘(D) Water resource projects. 

4 ‘‘(E) Renewable energy generation. 

5 ‘‘(F) Electricity transmission. 

6 ‘‘(G) Broadband. 

7 ‘‘(H) Pipelines. 

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

9 Steering Committee.’’. 

10 (b) CONFORMING AMENDMENT.—The table of con11 tents of chapter 3, as amended by sections 1104 and 1106 

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

13 relating to section 311 the following: 

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

14 SEC. 1103. ACCELERATED DECISIONMAKING IN ENVIRON15 MENTAL REVIEWS. 

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

17 amended by inserting after section 304 the following: 

18 ‘‘§ 304a. Accelerated decisionmaking in environ19 mental reviews 

20 ‘‘(a) IN GENERAL.—In preparing a final environ21 mental impact statement under the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 

23 the Department of Transportation, when acting as lead 

24 agency, modifies the statement in response to comments 

25 that are minor and are confined to factual corrections or 


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1 explanations of why the comments do not warrant addi2 tional Departmental response, the Department may write 

3 on errata sheets attached to the statement instead of re4 writing the draft statement, subject to the condition that 

5 the errata sheets— 

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

7 that support the position of the Department; and 

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

9 that would trigger Departmental reappraisal or fur10 ther response. 

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

12 practicable, the Department shall expeditiously develop a 

13 single document that consists of a final environmental im14 pact statement and a record of decision, unless— 

15 ‘‘(1) the final environmental impact statement 

16 makes substantial changes to the proposed action 

17 that are relevant to environmental or safety con18 cerns; or 

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

20 information relevant to environmental concerns and 

21 that bear on the proposed action or the impacts of 

22 the proposed action.’’. 

23 (b) CONFORMING AMENDMENT.—The table of con24 tents of chapter 3 is amended by inserting after the item 

25 relating to section 304 the following: 

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


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1 SEC. 1104. ENVIRONMENTAL REVIEW ALIGNMENT AND RE2 FORM. 

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

4 amended by inserting after section 309 the following: 

5 ‘‘§ 310. Aligning Federal environmental reviews 

6 ‘‘(a) COORDINATED AND CONCURRENT ENVIRON7 MENTAL REVIEWS.—Not later than 1 year after the date 

8 of enactment of the Comprehensive Transportation and 

9 Consumer Protection Act of 2015, the Department of 

10 Transportation, in coordination with the Steering Com11 mittee described in section 312 of this title, shall develop 

12 a coordinated and concurrent environmental review and 

13 permitting process for transportation projects when initi14 ating an environmental impact statement under the Na15 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

16 et seq.) (referred to in this section as ‘NEPA’). The co17 ordinated and concurrent environmental review and per18 mitting process shall— 

19 ‘‘(1) ensure that the Department of Transpor20 tation and Federal agencies of jurisdiction possess 

21 sufficient information early in the review process to 

22 determine a statement of a transportation project’s 

23 purpose and need and range of alternatives for anal24 ysis that the lead agency and agencies of jurisdiction 

25 will rely upon for concurrent environmental reviews 


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1 and permitting decisions required for the proposed 

2 project; 

3 ‘‘(2) achieve early concurrence or issue resolu4 tion during the NEPA scoping process on the De5 partment of Transportation’s statement of a 

6 project’s purpose and need and during development 

7 of the environmental impact statement on the range 

8 of alternatives for analysis that the lead agency and 

9 agencies of jurisdiction will rely upon for concurrent 

10 environmental reviews and permitting decisions re11 quired for the proposed project absent circumstances 

12 that require reconsideration in order to meet an 

13 agency of jurisdiction’s legal obligations; and 

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

15 an expedited manner if circumstances arise that re16 quire a reconsideration of the purpose and need or 

17 range of alternatives considered during any Federal 

18 agency’s environmental or permitting review in order 

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

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

21 of Transportation and Federal agencies of jurisdiction 

22 likely to have substantive review or approval responsibil23 ities on transportation projects, not later than 90 days 

24 after the date of enactment of the Comprehensive Trans25 portation and Consumer Protection Act of 2015, shall 


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1 jointly develop a checklist to help project sponsors identify 

2 potential natural, cultural, and historic resources in the 

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

4 is— 

5 ‘‘(1) to identify agencies of jurisdiction and co6 operating agencies; 

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

8 purpose and need and alternatives for analysis; and 

9 ‘‘(3) to improve interagency collaboration to 

10 help expedite the permitting process for the lead 

11 agency and Federal agencies of jurisdiction. 

12 ‘‘(c) INTERAGENCY COLLABORATION.—Consistent 

13 with Federal environmental statutes and the priority re14 form actions for Federal agency permitting and reviews 

15 defined and identified by the Steering Committee estab16 lished under section 312, the Secretary shall facilitate an17 nual interagency collaboration sessions at the appropriate 

18 jurisdictional level to coordinate business plans and facili19 tate coordination of workload planning and workforce 

20 management. This engagement shall ensure agency staff 

21 is fully engaged and utilizing the flexibility of existing reg22 ulations, policies, and guidance and identifying additional 

23 actions to facilitate high quality, efficient, and targeted 

24 environmental reviews and permitting decisions. The ses25 sions and the interagency collaborations they generate 


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1 shall focus on how to work with State and local transpor2 tation entities to improve project planning, siting, and ap3 plication quality and how to consult and coordinate with 

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

5 representatives early in permitting processes. 

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

7 than 1 year after the date of enactment of the Comprehen8 sive Transportation and Consumer Protection Act of 

9 2015, the Secretary of Transportation, in coordination 

10 with the Steering Committee established under section 

11 312, shall establish a program to measure and report on 

12 progress towards aligning Federal reviews as outlined in 

13 this section.’’. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents of subchapter I of chapter 3 is amended by inserting 

16 after the item relating to section 309 the following: 

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

17 SEC. 1105. MULTIMODAL CATEGORICAL EXCLUSIONS. 

18 Section 304 is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)— 

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

22 and inserting ‘‘operating administration or 

23 secretarial office’’; 

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

25 before ‘‘is not the lead’’; and 


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1 (iii) by inserting ‘‘proposed 

2 multimodal’’ before ‘‘project’’; 

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

4 follows: 

5 ‘‘(2) LEAD AUTHORITY.—The term ‘lead au6 thority’ means a Department of Transportation op7 erating administration or secretarial office that has 

8 the lead responsibility for a proposed multimodal 

9 project.’’; and 

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

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

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

13 Department of Transportation that involves ex14 pertise of 1 or more Department of Transpor15 tation operating administrations or secretarial 

16 offices’’; 

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

18 title’’ and inserting ‘‘by the Secretary of Transpor19 tation’’; 

20 (3) in subsection (c)— 

21 (A) in the matter preceding paragraph 

22 (1)— 

23 (i) by striking ‘‘a categorical exclusion 

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1 sions designated under the National Envi2 ronmental Policy Act of 1969 (42 U.S.C. 

3 4321 et seq.) implementing’’; and 

4 (ii) by striking ‘‘other components of 

5 the’’ and inserting ‘‘a proposed 

6 multimodal’’; 

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

8 to read as follows: 

9 ‘‘(1) the lead authority makes a preliminary de10 termination on the applicability of a categorical ex11 clusion to a proposed multimodal project and notifies 

12 the cooperating authority of its intent to apply the 

13 cooperating authority categorical exclusion; 

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

15 to the lead authority’s preliminary determination of 

16 its applicability;’’; 

17 (C) in paragraph (3)— 

18 (i) by inserting ‘‘the lead authority de19 termines that’’ before ‘‘the component of’’; 

20 and 

21 (ii) by inserting ‘‘proposed 

22 multimodal’’ before ‘‘project to be cov23 ered’’; and 

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

25 follows: 


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

2 the cooperating authority— 

3 ‘‘(A) follows implementing regulations or 

4 procedures under the National Environmental 

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

6 ‘‘(B) determines that the proposed 

7 multimodal project does not individually or cu8 mulatively have a significant impact on the en9 vironment; and 

10 ‘‘(C) determines that extraordinary cir11 cumstances do not exist that merit additional 

12 analysis and documentation in an environ13 mental impact statement or environmental as14 sessment required under the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et 

16 seq.).’’; and 

17 (4) by amending subsection (d) to read as fol18 lows: 

19 ‘‘(d) COOPERATING AUTHORITY EXPERTISE.—A co20 operating authority shall provide expertise to the lead au21 thority on aspects of the multimodal project in which the 

22 cooperating authority has expertise.’’. 


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1 SEC. 1106. IMPROVING TRANSPARENCY IN ENVIRON2 MENTAL REVIEWS. 

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

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

5 by inserting after section 310 the following: 

6 ‘‘§ 311. Improving transparency in environmental re7 views 

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

9 date of enactment of the Comprehensive Transportation 

10 and Consumer Protection Act of 2015, the Secretary of 

11 Transportation shall establish an online platform and, in 

12 coordination with Federal agencies described in subsection 

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

14 the status and progress with respect to compliance with 

15 applicable requirements under the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

17 any other Federal approval required under applicable laws 

18 for projects and activities requiring an environmental as19 sessment or an environmental impact statement. 

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

21 agency of jurisdiction over an approval required for a 

22 project under applicable laws shall provide information re23 garding the status and progress of the approval to the on24 line platform, consistent with the standards established 

25 under subsection (a). 


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

2 with assigned authority for responsibilities under the Na3 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

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

5 be responsible for supplying project development and com6 pliance status for all applicable projects.’’. 

7 (b) CONFORMING AMENDMENT.—The table of con8 tents of subchapter I of chapter 3, as amended by section 

9 1104 of this Act, is further amended by inserting after 

10 the item relating to section 310, the following: 

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

11 Subtitle B—Freight 

12 SEC. 1201. ESTABLISHMENT OF FREIGHT CHAPTER. 

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that— 

15 (1) freight policy and planning should incor16 porate the many modes of transportation that move 

17 goods; 

18 (2) the Secretary of Transportation should 

19 oversee and facilitate multimodal freight planning ef20 forts; 

21 (3) the Under Secretary for Policy of the De22 partment of Transportation should serve as the pri23 mary coordinator of multimodal planning efforts; 


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1 (4) efficient and reliable freight infrastructure 

2 is critical to our Nation’s economy and international 

3 competitiveness; 

4 (5) the Nation’s limited Federal discretionary 

5 infrastructure funding resources should be focused 

6 on freight infrastructure; and 

7 (6) as such, the sole discretionary national in8 frastructure investment grant program annually ap9 propriated without authorization, should be reformed 

10 and refocused into the Freight Investment Grant 

11 program. 

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

13 after chapter 53 the following: 

14 ‘‘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. 

15 ‘‘§ 5401. Definitions 

16 ‘‘In this chapter: 

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

18 ‘economic competitiveness’ means the ability of the 

19 economy to efficiently move freight and people, 

20 produce goods, and deliver services, including— 


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

2 freight; 

3 ‘‘(B) reductions in the congestion caused 

4 by the movement of freight; 

5 ‘‘(C) improvements to freight travel time 

6 reliability; and 

7 ‘‘(D) reductions in freight transportation 

8 costs due to congestion and insufficient infra9 structure. 

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

11 commercial transportation of cargo, including agri12 cultural, manufactured, retail, or other goods by ves13 sel, vehicle, pipeline, or rail. 

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

15 term ‘freight transportation modes’ means— 

16 ‘‘(A) the infrastructure supporting any 

17 mode of transportation that moves freight, in18 cluding highways, ports, waterways, rail facili19 ties, and pipelines; and 

20 ‘‘(B) any vehicles or equipment trans21 porting goods on such infrastructure. 

22 ‘‘(4) INTELLIGENT FREIGHT TRANSPORTATION

23 SYSTEM.—The term ‘intelligent freight transpor24 tation system’ means— 


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1 ‘‘(A) an innovative or intelligent techno2 logical transportation system, infrastructure, or 

3 facilities, including electronic roads, driverless 

4 trucks, elevated freight transportation facilities, 

5 automated port technologies, and other similar 

6 freight transportation systems; and 

7 ‘‘(B) communications or information proc8 essing systems used singly or in combination 

9 for intelligent freight lanes and conveyances 

10 that improve the efficiency, security, or safety 

11 of the freight system or that operate to convey 

12 freight or improve existing freight movements. 

13 ‘‘(5) NATIONAL MULTIMODAL FREIGHT NET14 WORK.—The term ‘national multimodal freight net15 work’ means the network established under section 

16 5403. 

17 ‘‘(6) NATIONAL MULTIMODAL FREIGHT STRA18 TEGIC PLAN.—The term ‘national multimodal 

19 freight strategic plan’ means the strategic plan de20 veloped under section 5404. 

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

22 the Secretary of Transportation. 

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

24 of the United States, the District of Columbia, the 

25 Commonwealth of Puerto Rico, the Commonwealth 


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1 of the Northern Mariana Islands, Guam, American 

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

3 SEC. 1202. NATIONAL MULTIMODAL FREIGHT POLICY. 

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

5 is further amended by adding after section 5401 the fol6 lowing: 

7 ‘‘§ 5402. National multimodal freight policy 

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

9 ‘‘(1) to support investment to maintain and im10 prove the condition and performance of the national 

11 multimodal freight network; 

12 ‘‘(2) to ensure that the United States maxi13 mizes its competitiveness in the global economy by 

14 increasing the overall productivity and connectivity 

15 of the national freight system; and 

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

17 (b). 

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

19 has the following goals: 

20 ‘‘(1) To enhance the economic competitiveness 

21 of the United States by investing in infrastructure 

22 improvements and implementing operational im23 provements on the freight network of the United 

24 States that achieve 1 or more of the following: 


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1 ‘‘(A) Strengthen the contribution of the 

2 national freight network to the economic com3 petitiveness of the United States. 

4 ‘‘(B) Reduce congestion and relieve bottle5 necks in the freight transportation system. 

6 ‘‘(C) Reduce the cost of freight transpor7 tation. 

8 ‘‘(D) Improve the reliability of freight 

9 transportation. 

10 ‘‘(E) Increase productivity, particularly for 

11 domestic industries and businesses that create 

12 jobs. 

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

14 and resiliency of freight transportation in rural and 

15 urban areas. 

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

17 freight network. 

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

19 safety and efficiency of the national freight network. 

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

21 innovation, competition, and accountability into the 

22 operation and maintenance of the national freight 

23 network. 

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

25 of the national freight network. 


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

2 not burdensome to State and local governments. 

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

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

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

6 freight infrastructure facilities; 

7 ‘‘(2) implementing appropriate safety, environ8 mental, energy and other transportation policies; 

9 ‘‘(3) utilizing advanced technology and innova10 tion; 

11 ‘‘(4) promoting workforce development; and 

12 ‘‘(5) using performance management activities. 

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

14 Policy, who shall be responsible for the oversight and im15 plementation of the national multimodal freight policy, 

16 shall— 

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

18 freight planning; 

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

20 multimodal freight projects; 

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

22 processes at each modal administration to identify 

23 modeling and metric inconsistencies, approvals, and 

24 terminology differences that could hamper 

25 multimodal project approval; 


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1 ‘‘(4) identify interagency data sharing opportu2 nities to promote freight planning and coordination; 

3 ‘‘(5) identify multimodal efforts and connec4 tions; 

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

6 freight projects; 

7 ‘‘(7) develop recommendations for State incen8 tives for multi-modal planning efforts, which may in9 clude— 

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

11 ‘‘(B) expediting the review of agreements 

12 for multimodal or freight specific projects; 

13 ‘‘(8) consider opportunities to reduce project 

14 delays by issuing categorical exclusions or allowing 

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

16 freight projects; and 

17 ‘‘(9) submit a report to the Committee on Com18 merce, Science, and Transportation of the Senate 

19 and the Committee on Transportation and Infra20 structure of the House of Representatives that iden21 tifies required reports, statutory requirements, and 

22 other limitations on efficient freight project delivery 

23 that could be streamlined or consolidated.’’. 


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1 SEC. 1203. NATIONAL MULTIMODAL FREIGHT NETWORK. 

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

3 is further amended by adding after section 5402 the fol4 lowing: 

5 ‘‘§ 5403. National multimodal freight network 

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

7 national freight network, in accordance with this section— 

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

9 resources toward improved system performance for 

10 the efficient movement of freight on transportation 

11 networks; 

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

13 ‘‘(3) to assist in the prioritization of Federal in14 vestment; and 

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

16 to achieve the national multimodal freight policy 

17 goals described in section 5402(b). 

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

19 multimodal freight network established under this section 

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

21 all freight transportation modes that are the most critical 

22 to the current and future movement of freight to achieve 

23 the national multimodal freight policy goals described in 

24 section 5402(b). 

25 ‘‘(c) INITIAL DESIGNATION OF PRIMARY FREIGHT

26 SYSTEM.— 


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

2 the date of enactment of the Comprehensive Trans3 portation and Consumer Protection Act of 2015, the 

4 Secretary, after soliciting input from stakeholders, 

5 including multimodal freight system users, transport 

6 providers, metropolitan planning organizations, local 

7 governments, ports, airports, railroads, and States, 

8 through a public process to identify critical freight 

9 facilities and corridors that are vital to achieve the 

10 national multimodal freight policy goals described in 

11 section 5402(b), and after providing notice and op12 portunity for comment on a draft system, shall des13 ignate a primary freight system with the goal of— 

14 ‘‘(A) improving network and intermodal 

15 connectivity; and 

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

17 assessment of the significance of freight move18 ment, including the consideration of points of 

19 origin, destination, and linking components of 

20 domestic and international supply chains. 

21 ‘‘(2) FACTORS.—In designating or redesig22 nating a primary freight system, the Secretary shall 

23 consider— 


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1 ‘‘(A) origins and destinations of freight 

2 movement within, to, and from the United 

3 States; 

4 ‘‘(B) volume, value, tonnage, and the stra5 tegic importance of freight; 

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

7 seaports, and pipelines; 

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

9 trade; 

10 ‘‘(E) access to major areas for manufac11 turing, agriculture, or natural resources; 

12 ‘‘(F) access to energy exploration, develop13 ment, installation, and production areas; 

14 ‘‘(G) intermodal links and intersections 

15 that promote connectivity; 

16 ‘‘(H) freight choke points and other im17 pediments contributing to significant measur18 able congestion, delay in freight movement, or 

19 inefficient modal connections; 

20 ‘‘(I) impacts on all freight transportation 

21 modes and modes that share significant freight 

22 infrastructure; 

23 ‘‘(J) elements and transportation corridors 

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

25 State advisory committee, or a metropolitan 


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1 planning organization, using national or local 

2 data, as having critical freight importance to 

3 the region; 

4 ‘‘(K) intermodal connectors, major dis5 tribution centers, inland intermodal facilities, 

6 and first- and last-mile facilities; 

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

8 on principal arterials; and 

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

10 including consideration of global and domestic 

11 supply chains. 

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

13 designation may be made under this subsection if 

14 the freight transportation facility or infrastructure 

15 being considered— 

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

17 population; 

18 ‘‘(B) has been designated under subsection 

19 (e) as a critical rural freight corridor; 

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

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

22 ‘‘(ii) an intermodal freight facility; 

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

24 route on the primary freight network; and 


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1 ‘‘(ii) provides an alternative option impor2 tant to goods movement; 

3 ‘‘(E) serves a major freight generator, lo4 gistic center, agricultural region, or manufac5 turing or warehouse industrial land; or 

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

7 freight within a State or metropolitan region, as 

8 determined by the State or the metropolitan 

9 planning organization. 

10 ‘‘(d) REDESIGNATION OF PRIMARY FREIGHT SYS11 TEM.— 

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

13 is 5 years after the initial designation under sub14 section (c), and every 5 years thereafter, the Sec15 retary, using the designation factors described in 

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

17 freight system. 

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

19 primary freight system under paragraph (1), the 

20 Secretary shall— 

21 ‘‘(A) use, to the extent practicable, meas22 urable data to assess the significance of goods 

23 movement, including the consideration of points 

24 of origin, destination, and linking components 


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1 of the United States global and domestic supply 

2 chains; 

3 ‘‘(B) consider— 

4 ‘‘(i) the factors described in sub5 section (c)(2); and 

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

7 freight transportation network demand; 

8 and 

9 ‘‘(C) provide the States with an oppor10 tunity to submit proposed designations in ac11 cordance with paragraph (3). 

12 ‘‘(3) STATE INPUT.— 

13 ‘‘(A) IN GENERAL.—Each State that pro14 poses increased designations on the primary 

15 freight system shall— 

16 ‘‘(i) consider nominations for addi17 tional designations from metropolitan plan18 ning organizations within the State; 

19 ‘‘(ii) consider nominations for the ad20 ditional designations from owners and op21 erators of port, rail, pipeline, and airport 

22 facilities; and 

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1 portation Improvement Program or freight 

2 plan. 

3 ‘‘(B) REVISIONS.—States may revise 

4 routes certified under section 4006 of the Inter5 modal Surface Transportation Efficiency Act of 

6 1991 (Public Law 102–240; 105 Stat. 2148) to 

7 conform with the designated freight system 

8 under this section. 

9 ‘‘(C) SUBMISSION AND CERTIFICATION.— 

10 Each State shall submit to the Secretary— 

11 ‘‘(i) a list of the additional designa12 tions added under this subsection; and 

13 ‘‘(ii) certification that— 

14 ‘‘(I) the State has satisfied the 

15 requirements under subparagraph (A); 

16 and 

17 ‘‘(II) the designations referred to 

18 in clause (i) address the factors for 

19 redesignation described in subsection 

20 (c)(3). 

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

22 State may designate freight transportation infrastructure 

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

24 rural freight corridor if the public road or facility— 


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1 ‘‘(1) is a rural principal arterial roadway or fa2 cility; 

3 ‘‘(2) provides access or service to energy explo4 ration, development, installation, or production 

5 areas; 

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

7 ‘‘(A) a grain elevator; 

8 ‘‘(B) an agricultural facility; 

9 ‘‘(C) a mining facility; 

10 ‘‘(D) a forestry facility; or 

11 ‘‘(E) an intermodal facility; 

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

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

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

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

16 vital to improving the efficient movement of freight 

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

18 SEC. 1204. NATIONAL FREIGHT STRATEGIC PLAN. 

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

20 is further amended by adding after section 5403 the fol21 lowing: 

22 ‘‘§ 5404. National Freight Strategic Plan 

23 ‘‘(a) INITIAL DEVELOPMENT OF NATIONAL FREIGHT

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

25 of enactment of the Comprehensive Transportation and 


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1 Consumer Protection Act of 2015, the Secretary, in con2 sultation with State departments of transportation, metro3 politan planning organizations, and other appropriate pub4 lic and private transportation stakeholders, shall develop, 

5 and after providing notice and an opportunity for com6 ment on a draft national freight strategic plan, post on 

7 the public website of the Department of Transportation, 

8 a national freight strategic plan that— 

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

10 and performance of the national freight network; 

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

12 freight network that create significant freight con13 gestion based on a quantitative methodology devel14 oped by the Secretary, which shall include— 

15 ‘‘(A) information from the Freight Anal16 ysis Framework of the Federal Highway Ad17 ministration; and 

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

19 ‘‘(i) an estimate of the cost of ad20 dressing each bottleneck; and 

21 ‘‘(ii) any operational improvements 

22 that could be implemented to address each 

23 bottleneck; 

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

25 on the most recent data available, for the 5-year peVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 riod beginning in the year during which the plan is 

2 issued; 

3 ‘‘(4) identifies major trade gateways and na4 tional freight corridors that connect major economic 

5 corridors, population centers, trade gateways, and 

6 other major freight generators for current and fore7 casted traffic and freight volumes; 

8 ‘‘(5) provides an assessment of statutory, regu9 latory, technological, institutional, financial, and 

10 other barriers to improved freight transportation 

11 performance, including opportunities for overcoming 

12 such barriers; 

13 ‘‘(6) identifies— 

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

15 exploration, development, installation, or pro16 duction areas; and 

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

18 areas for manufacturing, agriculture, or natural 

19 resources; 

20 ‘‘(7) includes best practices for— 

21 ‘‘(A) improving the performance of the na22 tional freight network; and 

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

24 critical freight corridors; 

25 ‘‘(8) includes a process for— 


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1 ‘‘(A) addressing multistate projects; and 

2 ‘‘(B) encouraging jurisdictions to collabo3 rate on multistate projects; 

4 ‘‘(9) identifies— 

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

6 rates or congestion involving freight traffic; and 

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

8 ‘‘(10) includes strategies to improve freight 

9 intermodal connectivity. 

10 ‘‘(b) UPDATES TO NATIONAL FREIGHT STRATEGIC

11 PLAN.—Not later than 5 years after the date of comple12 tion of the first national freight strategic plan under para13 graph (1) and every 5 years thereafter, the Secretary shall 

14 update and repost on the public website of the Department 

15 of Transportation a revised national freight strategic plan, 

16 which shall include a revision of the major trade gateways 

17 and national freight corridors identified under subsection 

18 (a)(4). 

19 ‘‘(c) TRANSPORTATION INVESTMENT DATA AND

20 PLANNING TOOLS.— 

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

22 the date of enactment of the Comprehensive Trans23 portation and Consumer Protection Act of 2015, the 

24 Secretary shall— 


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1 ‘‘(A) begin developing new tools and im2 proving existing tools to support State-based 

3 outcome-oriented, performance-based ap4 proaches to evaluate proposed freight-related 

5 and other transportation projects, including— 

6 ‘‘(i) methodologies for systematic 

7 analysis of benefits and costs on a national 

8 and regional basis; 

9 ‘‘(ii) tools for ensuring that the eval10 uation of freight-related and other trans11 portation projects could consider safety, 

12 economic competitiveness, urban and rural 

13 access, and system condition in the project 

14 selection process; 

15 ‘‘(iii) improved methods for data col16 lection and trend analysis; 

17 ‘‘(iv) encouragement of public-private 

18 partnerships to carry out data sharing ac19 tivities and maintaining the confidentiality 

20 of all proprietary data; and 

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

22 transportation planning; 

23 ‘‘(B) identify transportation-related model 

24 data elements to support a broad range of eval25 uation methods and techniques to assist in 


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1 making transportation investment decisions; 

2 and 

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

4 relevant Federal agencies, any improvements to 

5 existing freight flow data collection efforts that 

6 could— 

7 ‘‘(i) reduce identified freight data 

8 gaps and deficiencies; and 

9 ‘‘(ii) help to improve forecasts of 

10 freight transportation demand. 

11 ‘‘(2) CONSULTATION.—The Secretary shall con12 sult with other Federal agencies, State governments, 

13 and other stakeholders to develop, improve, and im14 plement the tools and collect the data described in 

15 paragraph (1).’’. 

16 SEC. 1205. STATE FREIGHT PLANS. 

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

18 is further amended by adding after section 5404 the fol19 lowing: 

20 ‘‘§ 5405. State freight plans 

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

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

23 freight advisory committee, which should consist of 

24 a representative cross-section of public and private 

25 sector freight stakeholders, including representatives 


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1 of ports, shippers, carriers, freight-related associa2 tions, the freight industry workforce, the State 

3 transportation department, and local governments. 

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

5 committee described in paragraph (1) may— 

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

7 priorities, issues, projects, and funding needs; 

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

9 State transportation decisions affecting freight 

10 mobility; 

11 ‘‘(C) communicate and coordinate with 

12 other organizations regarding regional prior13 ities; and 

14 ‘‘(D) promote the sharing of information 

15 between the private and public sectors on 

16 freight issues. 

17 ‘‘(b) STATE FREIGHT PLANS.— 

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

19 freight plan, or integrate such planning into other 

20 transportation planning documents, that provides a 

21 comprehensive plan for the immediate and long22 range planning activities and investments of the 

23 State with respect to freight. 

24 ‘‘(2) PLAN CONTENTS.—A freight plan de25 scribed in paragraph (1) should— 


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1 ‘‘(A) identify significant freight system 

2 trends, needs, and issues with respect to the 

3 State; 

4 ‘‘(B) describe the freight policies, strate5 gies, and performance measures that will guide 

6 the freight-related transportation investment 

7 decisions of the State; 

8 ‘‘(C) include, if applicable, a listing of crit9 ical rural and urban freight corridors des10 ignated within the State under this chapter; 

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

12 the ability of the State to meet the national 

13 freight goals established under section 5402(b); 

14 ‘‘(E) include evidence of consideration of 

15 innovative technologies and operational strate16 gies, including intelligent transportation sys17 tems, that improve the safety and efficiency of 

18 freight movement; 

19 ‘‘(F) include— 

20 ‘‘(i) an inventory of facilities within 

21 the State with freight mobility issues, such 

22 as freight bottlenecks; and 

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

24 State is employing to address such freight 

25 mobility issues; 


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1 ‘‘(G) consider— 

2 ‘‘(i) any significant congestion or 

3 delay caused by freight movements; and 

4 ‘‘(ii) any strategies to mitigate such 

5 congestion or delay; and 

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

7 freight investment plan that— 

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

9 and 

10 ‘‘(ii) describes how funds made avail11 able to carry out this chapter would be in12 vested and matched. 

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

14 The freight investment plan component described in 

15 paragraph (2)(H) shall include a project, or an iden16 tified phase of a project, only if funding for comple17 tion of the project can reasonably be anticipated to 

18 be available for the project within the time period 

19 identified in the freight investment plan. Unfunded 

20 project plans should be included in a separate sec21 tion. 

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

23 shall address a 5-year forecast period. 

24 ‘‘(5) UPDATES.— 


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

2 the freight plan under this subsection not less 

3 frequently than once every 5 years. 

4 ‘‘(B) FREIGHT INVESTMENT PLAN.—A 

5 State may update the freight investment plan 

6 more frequently than is required under sub7 paragraph (A). 

8 ‘‘(c) INTELLIGENT FREIGHT TRANSPORTATION SYS9 TEM.— 

10 ‘‘(1) LOCATION.—An intelligent freight trans11 portation system shall be located— 

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

13 ‘‘(ii) in a manner that connects ports-of14 entry to the freight network; and 

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

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

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

18 shall determine the need for establishing operating 

19 standards for intelligent freight transportation sys20 tems.’’. 

21 SEC. 1206. FREIGHT INVESTMENT GRANTS. 

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

23 is further amended by adding after section 5405 the fol24 lowing: 


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1 ‘‘§ 5406. Freight investment grants 

2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab3 lish and implement a freight investment grant program 

4 for capital investments in major freight transportation in5 frastructure projects to improve the movement of goods 

6 through the transportation network of the United States. 

7 ‘‘(b) APPLICATIONS.— 

8 ‘‘(1) IN GENERAL.—An eligible applicant seek9 ing a grant under this section shall submit an appli10 cation to the Secretary in such form as the Sec11 retary prescribes and containing the data described 

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

13 requested. 

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

15 under this subsection shall include, to the extent 

16 practicable, available data on the most recent system 

17 performance and estimated system improvements 

18 that will result from completion of the eligible 

19 project, including projections for improvements 5 

20 and 10 years after completion of the project. 

21 ‘‘(3) ACCOUNTABILITY MEASURES.—The Sec22 retary shall establish accountability measures for the 

23 management of the Freight Investment Grant Pro24 gram— 

25 ‘‘(A) to establish clear procedures for ad26 dressing late-arriving applications; 


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1 ‘‘(B) to publicly communicate its decisions 

2 to accept or reject applications described in sub3 paragraph (A); and 

4 ‘‘(C) to document and approve major deci5 sions in the application evaluation and project 

6 selection process through a decision memo7 randum or similar mechanism that provides a 

8 clear rationale for decisions— 

9 ‘‘(i) to advance for senior review ap10 plications other than those rated as highly 

11 recommended; 

12 ‘‘(ii) to not advance applications rated 

13 as highly recommended; and 

14 ‘‘(iii) to change the technical evalua15 tion rating of an application. 

16 ‘‘(4) RESUBMISSION OF APPLICATIONS.—An eli17 gible applicant whose project is not selected under 

18 this section may resubmit an application with an ad19 dendum identifying any project updates in a subse20 quent solicitation. 

21 ‘‘(c) CRITERIA FOR PROJECT EVALUATION AND SE22 LECTION.— 

23 ‘‘(1) IN GENERAL.—The Administrator may se24 lect a project for funding under this section only if 

25 the Administrator determines that the project— 


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

2 in section 5402(b); 

3 ‘‘(B) will significantly improve the national 

4 or regional performance of the freight transpor5 tation network; 

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

7 engineering; 

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

9 statewide transportation plan; 

10 ‘‘(E) cannot be readily and efficiently com11 pleted without Federal financial assistance; 

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

13 project— 

14 ‘‘(i) to generate national economic 

15 benefits that reasonably exceed the costs of 

16 the project; 

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

18 including impacts on a regional and state19 wide basis; or 

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

21 and accessibility of the movement of 

22 freight; and 

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

24 of non-Federal funding, including evidence of 

25 stable and dependable financing to construct, 


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1 maintain, and operate the infrastructure facil2 ity. 

3 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In evalu4 ating a project under this section, in addition to the 

5 criteria described in paragraph (1), the Secretary 

6 shall consider the extent to which the project— 

7 ‘‘(A) leverages Federal investment by en8 couraging non-Federal contributions to the 

9 project, including contributions from public-pri10 vate partnerships; 

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

12 date that is not later than 12 months after the 

13 date on which the project is selected; 

14 ‘‘(C) incorporates innovative project deliv15 ery and financing to the maximum extent prac16 ticable; 

17 ‘‘(D) improves freight facilities vital to ag18 ricultural or national energy security; 

19 ‘‘(E) improves or upgrades current or des20 ignated future Interstate System routes; 

21 ‘‘(F) uses innovative technologies, includ22 ing intelligent transportation systems, that en23 hance the efficiency of the project; 

24 ‘‘(G) helps to improve mobility and accessi25 bility; and 


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1 ‘‘(H) improves transportation safety, in2 cluding reducing transportation accident and 

3 serious injuries and fatalities. 

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

5 grants under this section, the Secretary shall take meas6 ures to ensure, to the maximum extent practicable— 

7 ‘‘(1) an equitable geographic distribution of 

8 amounts; and 

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

10 needs of rural and urban communities. 

11 ‘‘(e) ELIGIBLE PROJECTS.— 

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

13 grant under this section if the project— 

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

15 Federal, State, local, and private funds; 

16 ‘‘(B)(i) enhances the economic competitive17 ness of the United States; or 

18 ‘‘(ii) improves the flow of freight or re19 duces bottlenecks in our Nation’s freight infra20 structure; and 

21 ‘‘(C) will advance 1 or more of the fol22 lowing objectives: 

23 ‘‘(i) Generate regional or national eco24 nomic benefits and an increase in the globVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 al economic competitiveness of the United 

2 States. 

3 ‘‘(ii) Improve transportation resources 

4 vital to agriculture or national energy secu5 rity. 

6 ‘‘(iii) Improve the efficiency, reli7 ability, and affordability of the movement 

8 of freight. 

9 ‘‘(iv) Improve existing freight infra10 structure projects. 

11 ‘‘(v) Improve the movement of people 

12 by improving rural and metropolitan 

13 freight routes. 

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

15 funding under this section shall include— 

16 ‘‘(A) a freight intermodal facility, includ17 ing— 

18 ‘‘(i) an intermodal facility serving a 

19 seaport; 

20 ‘‘(ii) an intermodal or cargo access fa21 cility serving an airport; 

22 ‘‘(iii) an intermodal facility serving a 

23 port on the inland waterways; 

24 ‘‘(iv) a bulk intermodal/transload fa25 cility; or 


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

2 ‘‘(B) highway or bridge projects eligible 

3 under title 23; 

4 ‘‘(C) public transportation projects that re5 duce congestion on freight corridors and are eli6 gible under chapter 53; 

7 ‘‘(D) freight rail transportation projects 

8 (including rail-grade separations); and 

9 ‘‘(E) port infrastructure investments (in10 cluding inland port infrastructure). 

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

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

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

14 ‘‘(2) a local government or a group of local gov15 ernments; 

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

17 governments; 

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

19 agencies; 

20 ‘‘(5) a special purpose district or a public au21 thority with a transportation function; 

22 ‘‘(6) a port authority; 

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

24 government; 


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

2 is applying jointly with a State; or 

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

4 entities described in any of paragraphs (1) through 

5 (8). 

6 ‘‘(g) REQUIREMENTS.— 

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

8 shall distribute amounts appropriated for grants 

9 under this section to States, local governments, tran10 sit agencies, or a collaboration among such entities 

11 on a competitive basis for projects that will have a 

12 significant impact on freight movement. 

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

14 to receive grant funding under this section, the Sec15 retary shall— 

16 ‘‘(A) consider— 

17 ‘‘(i) projected freight volumes; and 

18 ‘‘(ii) how projects will enhance eco19 nomic efficiency, productivity, and competi20 tiveness; and 

21 ‘‘(B) give priority to projects dedicated 

22 to— 

23 ‘‘(i) improving freight infrastructure 

24 facilities; 


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1 ‘‘(ii) reducing travel time for freight 

2 projects; and 

3 ‘‘(iii) reducing freight transportation 

4 costs. 

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

6 distributing funding for grants under this section, 

7 the Secretary shall take such measures to ensure— 

8 ‘‘(A) an equitable geographic distribution 

9 of funds; 

10 ‘‘(B) an appropriate balance in addressing 

11 the needs of urban and rural areas; and 

12 ‘‘(C) the investment in a variety of trans13 portation modes. 

14 ‘‘(4) AMOUNT.— 

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

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

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

18 not greater than $100,000,000. 

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

20 grant awarded under this section is for a 

21 project located in a rural area— 

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

23 at least $1,000,000; and 


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1 ‘‘(ii) the Secretary may increase the 

2 Federal share of costs to greater than 80 

3 percent. 

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

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

6 costs for a project receiving a grant under this sec7 tion shall be up to 80 percent. 

8 ‘‘(6) PRIORITY.—The Secretary shall give pri9 ority to projects that require a contribution of Fed10 eral funds in order to complete an overall financing 

11 package. 

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

13 of the funding provided under this section shall be 

14 for projects located in rural areas. 

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

16 conduct a new competition to select the grants and 

17 credit assistance awarded under this section. 

18 ‘‘(9) CONGRESSIONAL NOTIFICATION.—Not 

19 later than 72 hours before public notification of a 

20 grant awarded under this section, the Secretary shall 

21 notify the Committee on Commerce, Science, and 

22 Transportation of the Senate, the Committee on En23 vironment and Public Works of the Senate, the 

24 Committee on Banking, Housing, and Urban Affairs 

25 of the Senate, the Committee on Appropriations of 


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1 the Senate, the Committee on Transportation and 

2 Infrastructure of the House of Representatives, and 

3 the Committee on Appropriations of the House of 

4 Representatives of such award. 

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

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

7 use amounts awarded to the entity to pay subsidy and ad8 ministrative costs necessary to provide the entity Federal 

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

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

11 was awarded. 

12 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 

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

14 appropriated from the general fund of the Treasury, 

15 $500,000,000 for each of the fiscal years 2016 

16 through 2021 to carry out this section. 

17 ‘‘(2) ADMINISTRATIVE AND OVERSIGHT

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

19 of the amounts appropriated pursuant to paragraph 

20 (1)— 

21 ‘‘(A) to administer the freight investment 

22 grant program; and 

23 ‘‘(B) to oversee eligible projects funded 

24 under this section. 


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

2 appropriated pursuant to this subsection shall be 

3 available for obligation until expended.’’. 

4 SEC. 1207. REPORTS. 

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

6 is further amended by adding after section 5406 the fol7 lowing: 

8 ‘‘§ 5407. Reports 

9 ‘‘(a) FREIGHT TRANSPORTATION CONDITIONS AND

10 PERFORMANCE REPORTS.—Not later than 3 years after 

11 the date of enactment of the Comprehensive Transpor12 tation and Consumer Protection Act of 2015, and every 

13 5 years thereafter, the Secretary shall submit a report to 

14 Congress that describes the conditions and performance 

15 of the national freight network in the United States. 

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

17 year, the Secretary shall post, on a public website, an an18 nual report that lists each project for which assistance has 

19 been provided under this chapter during that fiscal year. 

20 ‘‘(c) GAO ASSESSMENT AND REPORT.— 

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

22 of the United States shall conduct an assessment of 

23 the administrative establishment, solicitation, selec24 tion, and justification process for funding of projects 

25 under this chapter. 


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

2 first funding is awarded under this chapter, and not 

3 later than 6 months after each funding solicitation, 

4 the Comptroller General of the United States shall 

5 submit a report to the Committee on Commerce, 

6 Science, and Transportation of the Senate, the Com7 mittee on Environment and Public Works of the 

8 Senate, the Committee on Banking, Housing and 

9 Urban Affairs of the Senate, the Committee on Ap10 propriations of the Senate, the Committee on Trans11 portation and Infrastructure of the House of Rep12 resentatives, and the Committee on Appropriations 

13 of the House of Representatives that describes— 

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

15 process by which each project was selected; 

16 ‘‘(B) the justification provided by the De17 partment for the selection of each project; 

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

19 described in subsection (e); and 

20 ‘‘(D) whether the Secretary provided ade21 quate feedback to applicants who were not se22 lected for an award.’’. 


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1 SEC. 1208. REPEALS. 

2 The Moving Ahead for Progress in the 21st Century 

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

4 1117 and 1118 (23 U.S.C. 167 note). 

5 SEC. 1209. SAVINGS PROVISION. 

6 No provision in this subtitle may be construed to pro7 vide additional authority to regulate or direct private ac8 tivity on freight networks designated by the amendments 

9 made under this subtitle. 

10 Subtitle C—Research 

11 SEC. 1301. FINDINGS. 

12 Congress makes the followings findings: 

13 (1) Federal transportation research planning 

14 and coordination— 

15 (A) should occur within the Office of the 

16 Secretary; and 

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

18 multimodal and not occur solely within the sub19 agencies of the Department of Transportation. 

20 (2) Managing a multi-modal research portfolio 

21 within the Office of the Secretary will— 

22 (A) help identify opportunities where re23 search could be applied across modes; and 

24 (B) prevent duplication of efforts and 

25 waste of limited Federal resources. 


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1 (3) An ombudsman for research at the Depart2 ment of Transportation will— 

3 (A) give stakeholders a formal opportunity 

4 to address concerns; 

5 (B) ensure unbiased research; and 

6 (C) improve the overall research products 

7 of the Department. 

8 (4) Increasing transparency of transportation 

9 research efforts will— 

10 (A) build stakeholder confidence in the 

11 final product; and 

12 (B) lead to the improved implementation 

13 of research findings. 

14 SEC. 1302. MODAL RESEARCH PLANS. 

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

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

17 modal administration and joint program office of the De18 partment of Transportation shall submit a comprehensive 

19 annual research plan to the Assistant Secretary for Re20 search and Technology of the Department of Transpor21 tation (referred to in this subtitle as the ‘‘Assistant Sec22 retary’’). 

23 (b) REVIEW.— 


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

2 the Assistant Secretary, for each plan submitted 

3 pursuant to subsection (a), shall— 

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

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

6 (ii) request that the plan be revised. 

7 (2) PUBLICATIONS.—Not later than January 

8 30 of each year, the Secretary shall publish each 

9 plan that has been approved under paragraph 

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

11 (3) REJECTION OF DUPLICATIVE RESEARCH EF12 FORTS.—The Assistant Secretary may not approve 

13 any plan submitted by the head of a modal adminis14 tration pursuant to subsection (a) if such plan dupli15 cates the research efforts of any other modal admin16 istration. 

17 (c) FUNDING LIMITATIONS.—No funds may be ex18 pended by the Department of Transportation on research 

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

20 research plan approved by the Assistant Secretary un21 less— 

22 (1) such research is required by an Act of Con23 gress; 


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

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

3 or 

4 (3) the Secretary of Transportation certifies to 

5 Congress that such research is necessary before the 

6 approval of a modal research plan. 

7 (d) DUPLICATIVE RESEARCH.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), no funds may be expended by the Depart10 ment of Transportation on research projects that the 

11 Secretary identifies as duplicative under subsection 

12 (b)(3). 

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

14 apply to— 

15 (A) updates to previously commissioned re16 search; 

17 (B) research commissioned to carry out an 

18 Act of Congress; or 

19 (C) research commissioned before the date 

20 of enactment of this Act. 

21 (e) CERTIFICATION.— 

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

23 certify to Congress that— 

24 (A) each modal research plan has been re25 viewed; and 


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1 (B) there is no duplication of study for re2 search directed, commissioned, or conducted by 

3 the Department of Transportation. 

4 (2) CORRECTIVE ACTION PLAN.—If the Sec5 retary, after submitting a certification under para6 graph (1), identifies duplication of research within 

7 the Department of Transportation, the Secretary 

8 shall— 

9 (A) notify Congress of the duplicative re10 search; and 

11 (B) submit a corrective action plan to Con12 gress that will eliminate such duplicative re13 search. 

14 SEC. 1303. CONSOLIDATED RESEARCH PROSPECTUS AND 

15 STRATEGIC PLAN. 

16 (a) PROSPECTUS.— 

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

18 publish, on a public website, a comprehensive pro19 spectus on all research projects conducted by the 

20 Department of Transportation, including, to the ex21 tent practicable, research funded through University 

22 Transportation Centers. 

23 (2) CONTENTS.—The prospectus published 

24 under paragraph (1) shall— 


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1 (A) include the consolidated modal re2 search plans approved under section 1302; 

3 (B) describe the research objectives, 

4 progress, and allocated funds for each research 

5 project; 

6 (C) identify research projects with 

7 multimodal applications; 

8 (D) specify how relevant modal administra9 tions have assisted, will contribute to, or plan 

10 to use the findings from the research projects 

11 identified under paragraph (1); 

12 (E) identify areas in which multiple modal 

13 administrations are conducting research 

14 projects on similar subjects or subjects which 

15 have bearing on multiple modes; 

16 (F) describe the interagency and cross 

17 modal communication and coordination that has 

18 occurred to prevent duplication of research ef19 forts within the Department of Transportation; 

20 (G) indicate how research is being dissemi21 nated to improve the efficiency and safety of 

22 transportation systems; 

23 (H) describe how agencies developed their 

24 research plans; and 


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1 (I) describe the opportunities for public 

2 and stakeholder input. 

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

4 the President’s annual budget requests under section 1105 

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

6 a report to appropriate committees of Congress that de7 scribes— 

8 (1) the amount spent in the last completed fis9 cal year on transportation research and develop10 ment; and 

11 (2) the amount proposed in the current budget 

12 for transportation research and development. 

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

14 plans and reports submitted under sections 1115 and 

15 1116 of title 31, United States Code, the Secretary shall 

16 include— 

17 (1) a summary of the Federal transportation 

18 research and development activities for the previous 

19 fiscal year in each topic area; 

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

21 (3) a description of the extent to which the re22 search and development is meeting the expectations 

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

24 (4) any amendments to the strategic plan devel25 oped under subsection (d). 


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1 (d) TRANSPORTATION RESEARCH AND DEVELOP2 MENT STRATEGIC PLAN.— 

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

4 a 5-year transportation research and development 

5 strategic plan to guide future Federal transportation 

6 research and development activities. 

7 (2) CONSISTENCY.—The strategic plan devel8 oped under paragraph (1) shall be consistent with— 

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

10 Code; 

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

12 United States Code; and 

13 (C) any other research and development 

14 plan within the Department of Transportation. 

15 (3) CONTENTS.—The strategic plan developed 

16 under paragraph (1) shall— 

17 (A) describe the primary purposes of the 

18 transportation research and development pro19 gram, which shall include— 

20 (i) promoting safety; 

21 (ii) reducing congestion; 

22 (iii) improving mobility; 

23 (iv) preserving the existing transpor24 tation system; 


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1 (v) improving the durability and ex2 tending the life of transportation infra3 structure; and 

4 (vi) improving goods movement; 

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

6 subparagraph (A), list the primary research and 

7 development topics that the Department of 

8 Transportation intends to pursue to accomplish 

9 that purpose, which may include— 

10 (i) fundamental research in the phys11 ical and natural sciences; 

12 (ii) applied research; 

13 (iii) technology research; and 

14 (iv) social science research intended 

15 for each topic; and 

16 (C) for each research and development 

17 topic— 

18 (i) identify the anticipated annual 

19 funding levels for the period covered by the 

20 strategic plan; and 

21 (ii) include any additional information 

22 the Department of Transportation expects 

23 to discover at the end of the period covered 

24 by the strategic plan as a result of the re25 search and development in that topic area. 


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1 (4) CONSIDERATIONS.—The Secretary shall en2 sure that the strategic plan developed under this sec3 tion— 

4 (A) reflects input from a wide range of 

5 stakeholders; 

6 (B) includes and integrates the research 

7 and development programs of all the Depart8 ment of Transportation’s modal administra9 tions, including aviation, transit, rail, and mari10 time; and 

11 (C) takes into account how research and 

12 development by other Federal, State, private 

13 sector, and nonprofit institutions— 

14 (i) contributes to the achievement of 

15 the purposes identified under paragraph 

16 (3)(A); and 

17 (ii) avoids unnecessary duplication of 

18 such efforts. 

19 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

21 title 23, United States Code, is amended— 

22 (A) by striking section 508; 

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

24 item relating to section 508; 

25 (C) in section 502— 


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

2 ‘‘transportation research and technology 

3 development strategic plan developed under 

4 section 508’’ and inserting ‘‘transportation 

5 research and development strategic plan 

6 under section 1303 of the Comprehensive 

7 Transportation and Consumer Protection 

8 Act of 2015’’; and 

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

10 ‘‘transportation research and development 

11 strategic plan of the Secretary developed 

12 under section 508’’ and inserting ‘‘trans13 portation research and development stra14 tegic plan under section 1303 of the Com15 prehensive Transportation and Consumer 

16 Protection Act of 2015’’; and 

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

18 of the transportation research and development 

19 strategic plan developed under section 508’’. 

20 (2) INTELLIGENT TRANSPORTATION SYS21 TEMS.—Section 5205 of the Intelligent Transpor22 tation Systems Act of 1998 (23 U.S.C. 502 note) is 

23 amended— 

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

25 of the Surface Transportation Research and 


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1 Development Strategic Plan developed under 

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

3 and inserting ‘‘as part of the transportation re4 search and development strategic plan under 

5 section 1303 of the Comprehensive Transpor6 tation and Consumer Protection Act of 2015’’; 

7 and 

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

9 the Surface Transportation Research and De10 velopment Strategic Plan developed under sec11 tion 508 of title 23, United States Code’’ and 

12 inserting ‘‘or the transportation research and 

13 development strategic plan under section 1303 

14 of the Comprehensive Transportation and Con15 sumer Protection Act of 2015’’. 

16 (3) INTELLIGENT TRANSPORTATION SYSTEM

17 RESEARCH.—Subtitle C of title V of the Safe, Ac18 countable, Flexible, Efficient Transportation Equity 

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

20 amended— 

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

22 ‘‘the strategic plan under section 508 of title 

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

24 year transportation research and development 

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1 prehensive Transportation and Consumer Pro2 tection Act of 2015’’; and 

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

4 ‘‘or the surface transportation research and de5 velopment strategic plan developed under sec6 tion 508 of title 23, United States Code’’ and 

7 inserting ‘‘or the 5-year transportation research 

8 and development strategic plan under section 

9 1303 of the Comprehensive Transportation and 

10 Consumer Protection Act of 2015’’. 

11 SEC. 1304. RESEARCH OMBUDSMAN. 

12 (a) IN GENERAL.—Subtitle III is amended by insert13 ing after chapter 63 the following: 

14 ‘‘CHAPTER 65—RESEARCH OMBUDSMAN 

‘‘Sec. 

‘‘6501. Research ombudsman. 

15 ‘‘§ 6501. Research ombudsman 

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

17 Research and Technology shall appoint a career Federal 

18 employee to serve as Research Ombudsman. This appoint19 ment shall not diminish the authority of peer review of 

20 research. 

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

22 appointed under subsection (a), to the extent prac23 ticable— 


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1 ‘‘(1) shall have a background in academic re2 search and a strong understanding of sound study 

3 design; 

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

5 stakeholder communities and research needs of the 

6 transportation field; and 

7 ‘‘(3) shall not have served as a political ap8 pointee of the Department. 

9 ‘‘(c) RESPONSIBILITIES.— 

10 ‘‘(1) ADDRESSING COMPLAINTS AND QUES11 TIONS.—The Research Ombudsman shall— 

12 ‘‘(A) receive complaints and questions 

13 about— 

14 ‘‘(i) significant alleged omissions, im15 proprieties, and systemic problems; and 

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

17 specific research project; and 

18 ‘‘(B) evaluate and address the complaints 

19 and questions described in subparagraph (A). 

20 ‘‘(2) PETITIONS.— 

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

22 shall review petitions relating to— 

23 ‘‘(i) conflicts of interest; 

24 ‘‘(ii) the study design and method25 ology; 


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1 ‘‘(iii) assumptions and potential bias; 

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

3 ‘‘(v) the composition of any data sam4 pled. 

5 ‘‘(B) RESPONSE TO PETITIONS.—The Re6 search Ombudsman shall— 

7 ‘‘(i) respond to relevant petitions 

8 within a reasonable period; 

9 ‘‘(ii) identify deficiencies in the peti10 tion’s study design; and 

11 ‘‘(iii) propose a remedy for such defi12 ciencies to the administrator of the modal 

13 administration responsible for completing 

14 the research project. 

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

16 The administrator of the modal agency charged 

17 with completing the research project shall re18 spond to the proposed research remedy. 

19 ‘‘(3) REQUIRED REVIEWS.—The Research Om20 budsman shall evaluate the study plan for all statu21 torily required studies and reports before the com22 mencement of such studies to ensure that the re23 search plan has an appropriate sample size and com24 position to address the stated purpose of the study. 

25 ‘‘(d) REPORTS.— 


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

2 each review under subsection (c), the Research Om3 budsman shall— 

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

5 of such review to— 

6 ‘‘(i) the Secretary; 

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

8 administration; and 

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

10 and 

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

12 website, with the modal agency response re13 quired under subsection (c)(2)(C). 

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

15 under this section shall be provided directly to the 

16 individuals described in paragraph (1) without any 

17 comment or amendment from the Secretary, the 

18 Deputy Secretary of Transportation, the head of any 

19 modal administration of the Department, or any 

20 other officer or employee of the Department or the 

21 Office of Management and Budget. 

22 ‘‘(e) REPORT TO INSPECTOR GENERAL.—The Re23 search Ombudsman shall submit any evidence of misfea24 sance, malfeasance, waste, fraud, or abuse uncovered durVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 ing a review under this section to the Inspector General 

2 for further review. 

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

4 subject adverse employment action for misconduct or good 

5 cause in accordance with the procedures and grounds set 

6 forth in chapter 75 of title 5.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

8 The table of chapters for subtitle III is amended by insert9 ing after the item relating to chapter 63 the following: 

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

10 SEC. 1305. SMART CITIES TRANSPORTATION PLANNING 

11 STUDY. 

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

13 study of digital technologies and information technologies, 

14 including shared mobility, data, transportation network 

15 companies, and on-demand transportation services— 

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

17 adopting these technologies; 

18 (2) to assess future planning, infrastructure 

19 and investment needs; and 

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

21 cities in which information and technology are 

22 used— 

23 (A) to improve city operations; 

24 (B) to grow the local economy; 


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1 (C) to improve response in times of emer2 gencies and natural disasters; and 

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

4 (b) COMPONENTS.—The study conducted under sub5 section (a) shall— 

6 (1) identify broad issues that influence the abil7 ity of the United States to plan for and invest in 

8 smart cities, including barriers to collaboration and 

9 access to scientific information; and 

10 (2) review how the expanded use of digital tech11 nologies, mobile devices, and information may— 

12 (A) enhance the efficiency and effective13 ness of existing transportation networks; 

14 (B) optimize demand management serv15 ices; 

16 (C) impact low-income and other disadvan17 taged communities; 

18 (D) assess opportunities to share, collect, 

19 and use data; 

20 (E) change current planning and invest21 ment strategies; and 

22 (F) provide opportunities for enhanced co23 ordination and planning. 

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

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


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1 the report containing the results of the study required 

2 under subsection (a) to a public website. 

3 SEC. 1306. BUREAU OF TRANSPORTATION STATISTICS 

4 INDEPENDENCE. 

5 Section 6302 is amended by adding at the end the 

6 following: 

7 ‘‘(d) INDEPENDENCE OF BUREAU.— 

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

9 required— 

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

11 officer or employee of the Department with re12 spect to the collection or analysis of any infor13 mation; or 

14 ‘‘(B) prior to publication, to obtain the ap15 proval of any other officer or employee of the 

16 United States with respect to the substance of 

17 any statistical technical reports or press re18 leases lawfully prepared by the Director. 

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

20 have final authority for the disposition and alloca21 tion of the Bureau’s authorized budget, including— 

22 ‘‘(A) all hiring, grants, cooperative agree23 ments, and contracts awarded by the Bureau to 

24 carry out this section; and 


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1 ‘‘(B) the disposition and allocation of 

2 amounts paid to the Bureau for cost-reimburs3 able projects. 

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

5 external support functions, such as the coordination 

6 of activities involving multiple modal administra7 tions. 

8 ‘‘(4) INFORMATION TECHNOLOGY.—In consulta9 tion with the Chief Information Officer, the Director 

10 shall have the final authority in decisions regarding 

11 information technology in order to protect the con12 fidentiality of information provided solely for statis13 tical purposes, in accordance with the Confidential 

14 Information Protection and Statistical Efficiency Act 

15 of 2002 (44 U.S.C. 3501 note).’’. 

16 SEC. 1307. CONFORMING AMENDMENTS. 

17 (a) TITLE 49 AMENDMENTS.— 

18 (1) ASSISTANT SECRETARIES; GENERAL COUN19 SEL.—Section 102(e) is amended— 

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

21 inserting ‘‘6’’; and 

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

23 Assistant Secretary for Research and Tech24 nology,’’ before ‘‘and an Assistant Secretary’’. 


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1 (2) OFFICE OF THE ASSISTANT SECRETARY

2 FOR RESEARCH AND TECHNOLOGY OF THE DEPART3 MENT OF TRANSPORTATION.—Section 112 is re4 pealed. 

5 (3) TABLE OF CONTENTS.—The table of con6 tents of chapter 1 is amended by striking the item 

7 relating to section 112. 

8 (4) RESEARCH CONTRACTS.—Section 330 is 

9 amended— 

10 (A) in the section heading, by striking 

11 ‘‘contracts’’ and inserting ‘‘activities’’; 

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

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

14 (C) in subsection (b), by inserting ‘‘RE15 SPONSIBILITIES.—’’ before ‘‘In carrying out’’; 

16 (D) in subsection (c), by inserting ‘‘PUBLI17 CATIONS.—’’ before ‘‘The Secretary’’; and 

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

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

20 following: 

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

22 the Department’s research and development pro23 grams and activities. 


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1 ‘‘(2) Advancement, and research and develop2 ment, of innovative technologies, including intelligent 

3 transportation systems. 

4 ‘‘(3) Comprehensive transportation statistics re5 search, analysis, and reporting. 

6 ‘‘(4) Education and training in transportation 

7 and transportation-related fields. 

8 ‘‘(5) Activities of the Volpe National Transpor9 tation Systems Center. 

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

11 may— 

12 ‘‘(1) enter into grants and cooperative agree13 ments with Federal agencies, State and local govern14 ment agencies, other public entities, private organi15 zations, and other persons— 

16 ‘‘(A) to conduct research into transpor17 tation service and infrastructure assurance; and 

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

19 of the Department; 

20 ‘‘(2) carry out, on a cost-shared basis, collabo21 rative research and development to encourage inno22 vative solutions to multimodal transportation prob23 lems and stimulate the deployment of new tech24 nology with— 


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

2 and local governments, foreign governments, in3 stitutions of higher education, corporations, in4 stitutions, partnerships, sole proprietorships, 

5 and trade associations that are incorporated or 

6 established under the laws of any State; 

7 ‘‘(B) Federal laboratories; and 

8 ‘‘(C) other Federal agencies; and 

9 ‘‘(3) directly initiate contracts, grants, coopera10 tive research and development agreements (as de11 fined in section 12 of the Stevenson-Wydler Tech12 nology Innovation Act of 1980 (15 U.S.C. 3710a)), 

13 and other agreements to fund, and accept funds 

14 from, the Transportation Research Board of the Na15 tional Research Council of the National Academy of 

16 Sciences, State departments of transportation, cities, 

17 counties, institutions of higher education, associa18 tions, and the agents of those entities to carry out 

19 joint transportation research and technology efforts. 

20 ‘‘(f) FEDERAL SHARE.— 

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

22 the Federal share of the cost of an activity carried 

23 out under subsection (e)(3) shall not exceed 50 per24 cent. 


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

2 that the activity is of substantial public interest or 

3 benefit, the Secretary may approve a greater Federal 

4 share. 

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

6 incurred by the non-Federal partners, including per7 sonnel, travel, facility, and hardware development 

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

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

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

11 fiscal years 2016 through 2021, the Secretary is authorized to expend not more than 11 12 ⁄2 percent of the amounts 

13 authorized to be appropriated for necessary expenses for 

14 administration and operations of the Office of the Assist15 ant Secretary for Research and Technology for the coordi16 nation, evaluation, and oversight of the programs adminis17 tered under this section. 

18 ‘‘(h) USE OF TECHNOLOGY.—The research, develop19 ment, or use of a technology under a contract, grant, coop20 erative research and development agreement, or other 

21 agreement entered into under this section, including the 

22 terms under which the technology may be licensed and the 

23 resulting royalties may be distributed, shall be subject to 

24 the Stevenson-Wydler Technology Innovation Act of 1980 

25 (15 U.S.C. 3701 et seq.). 


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

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

3 grant, or other agreement entered into under this sec4 tion.’’. 

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

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

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

8 ‘‘Activities’’. 

9 (6) BUREAU OF TRANSPORTATION STATIS10 TICS.—Section 6302(a) is amended to read as fol11 lows: 

12 ‘‘(a) IN GENERAL.—There shall be within the De13 partment the Bureau of Transportation Statistics.’’. 

14 (b) TITLE 5 AMENDMENTS.— 

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

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

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

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

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

20 ‘‘Administrator, Research and Innovative Tech21 nology Administration.’’. 

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

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

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

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


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

2 amended by striking ‘‘Associate Deputy Secretary, 

3 Department of Transportation.’’. 

4 SEC. 1308. REPEAL OF OBSOLETE OFFICE. 

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

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

7 chapter 55 is amended by striking the item relating to 

8 section 5503. 

9 Subtitle D—Port Performance Act 

10 SEC. 1401. SHORT TITLE. 

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

12 Act’’. 

13 SEC. 1402. FINDINGS. 

14 Congress finds the following: 

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

16 Nation’s transportation supply chain network. 

17 (2) Reliable and efficient movement of goods 

18 through the Nation’s ports ensures that American 

19 goods are available to customers throughout the 

20 world. 

21 (3) Breakdowns in the transportation supply 

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

23 can result in tremendous economic losses for agri24 culture, businesses, and retailers that rely on timely 

25 shipments. 


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1 (4) A clear understanding of port productivity 

2 and throughput would help— 

3 (A) to identify freight bottlenecks; 

4 (B) to indicate performance and trends 

5 over time; and 

6 (C) to inform investment decisions. 

7 SEC. 1403. PORT PERFORMANCE FREIGHT STATISTICS PRO8 GRAM. 

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

10 at the end the following: 

11 ‘‘§ 6314. Port performance freight statistics program 

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

13 behalf of the Secretary, a port performance statistics pro14 gram to provide nationally consistent measures of per15 formance of— 

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

17 ‘‘(2) the Nation’s top 25 ports by 20-foot equiv18 alent unit; and 

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

20 ‘‘(b) ANNUAL REPORTS.— 

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

22 later than January 15 of each year, the Director 

23 shall submit an annual report to Congress that in24 cludes statistics on capacity and throughput at the 

25 ports described in subsection (a). 


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

2 Director shall collect monthly port performance 

3 measures for each of the United States ports re4 ferred to in subsection (a) that receives Federal as5 sistance or is subject to Federal regulation to submit 

6 an annual report to the Bureau of Transportation 

7 Statistics that includes monthly statistics on capac8 ity and throughput as applicable to the specific con9 figuration of the port, including— 

10 ‘‘(A) the total capacity of inbound and out11 bound cargo, including containers, break bulk, 

12 vehicles, and dry and liquid bulk; 

13 ‘‘(B) the total volume of inbound and out14 bound cargo, including containers, break bulk, 

15 vehicles, and dry and liquid bulk; 

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

17 of containers by crane; 

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

19 type; 

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

21 time; 

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

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

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


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

2 by the Director after receiving recommenda3 tions from the working group established under 

4 subsection (c). 

5 ‘‘(c) RECOMMENDATIONS.— 

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

7 recommendations for— 

8 ‘‘(A) specifications and data measurements 

9 for the port performance measures listed in 

10 subsection (b)(2); 

11 ‘‘(B) additionally needed data elements for 

12 measuring port performance; and 

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

14 Transportation to collect timely and consistent 

15 data, including identifying safeguards to protect 

16 proprietary information described in subsection 

17 (b)(2). 

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

19 after the date of the enactment of this Act, the Di20 rector shall commission a working group composed 

21 of— 

22 ‘‘(A) operating administrations of the De23 partment of Transportation; 

24 ‘‘(B) the Coast Guard; 

25 ‘‘(C) the Federal Maritime Commission; 


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

2 ‘‘(E) the Marine Transportation System 

3 National Advisory Council; 

4 ‘‘(F) the Army Corps of Engineers; 

5 ‘‘(G) the Saint Lawrence Seaway Develop6 ment Corporation; 

7 ‘‘(H) the Advisory Committee on Supply 

8 Chain Competitiveness; 

9 ‘‘(I) 1 representative from the rail indus10 try; 

11 ‘‘(J) 1 representative from the trucking in12 dustry; 

13 ‘‘(K) 1 representative from the port man14 agement industry; 

15 ‘‘(L) 1 representative from the maritime 

16 shipping industry; 

17 ‘‘(M) 1 representative from the maritime 

18 labor industry; 

19 ‘‘(N) representatives of the National 

20 Freight Advisory Committee of the Depart21 ment; and 

22 ‘‘(O) representatives of the Transportation 

23 Research Board of the National Academies. 

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

25 year after the date of the enactment of the Port 


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1 Performance Act, the working group commissioned 

2 under this subsection shall submit its recommenda3 tions to the Director. 

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

5 that the statistics compiled under this section are readily 

6 accessible to the public, consistent with applicable security 

7 constraints and confidentiality interests.’’. 

8 (b) PROHIBITION ON CERTAIN DISCLOSURES.—Sec9 tion 6307(b)(1) is amended by inserting ‘‘or section 

10 6314(b)’’ after ‘‘section 6302(b)(3)(B)’’ each place it ap11 pears. 

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

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

14 6302(b)(3)(B)’’. 

15 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

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

17 at the end the following: 

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

18 SEC. 1404. MONTHLY REPORTS ON PERFORMANCE AT 

19 UNITED STATES PORTS. 

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

21 expiration date of a maritime labor agreement that applies 

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

23 expiration date of the maritime labor agreement, and 

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

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1 retary of Commerce and the Secretary of Labor, shall sub2 mit a report to the Committee on Commerce, Science, and 

3 Transportation of the Senate and the Committee on 

4 Transportation and Infrastructure of the House of Rep5 resentatives that includes port performance indicators at 

6 the affected port. If multiple ports are affected by the ex7 piration of the maritime labor agreement, the Secretary 

8 of Transportation shall submit a report for each affected 

9 port. 

10 (b) CONTENTS.—Each report required under sub11 section (a) shall include, for the affected port during the 

12 previous month— 

13 (1) the performance indicators listed under sec14 tion 6314(b)(2) of title 49, United States Code; 

15 (2) the number and type of vessels awaiting 

16 berthing, including average wait time; 

17 (3) the number of cancelled vessel calls; 

18 (4) an estimate of the economic impact associ19 ated with any delays both at the port and across the 

20 national economy; 

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

22 to clear any congestion; 

23 (6) the average number of labor positions or24 dered and filled; and 


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1 (7) any other factors that might have created 

2 delays, including weather, equipment maintenance or 

3 failures, or infrastructure development or repair. 

4 (c) EFFECTIVE PERIOD.—The Secretary of Trans5 portation, in consultation with the Secretary of Commerce 

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

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

8 on which a new maritime labor agreement that applies to 

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

10 to that maritime labor agreement. 

11 (d) DEFINITION OF MARITIME LABOR AGREE12 MENT.—In this section, the term ‘‘maritime labor agree13 ment’’ has the meaning given such term in section 40102 

14 of title 46, United States Code. 

15 TITLE II—COMMERCIAL MOTOR 

16 VEHICLE AND DRIVER PRO17 GRAMS 

18 Subtitle A—Compliance, Safety, 

19 and Accountability Reform 

20 PART I—COMPLIANCE, SAFETY, AND 

21 ACCOUNTABILITY 

22 SEC. 2001. CORRELATION STUDY. 

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

24 Motor Carrier Safety Administration (referred to in this 

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1 tional Research Council of the National Academies to con2 duct a study of— 

3 (1) the Safety Measurement System (referred 

4 to in this part as ‘‘SMS’’); and 

5 (2) the Compliance, Safety, Accountability pro6 gram (referred to in this part as the ‘‘CSA pro7 gram’’). 

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

9 commissioned pursuant to subsection (a), the National Re10 search Council— 

11 (1) shall analyze— 

12 (A) the accuracy with which the Behavior 

13 Analysis and Safety Improvement Categories 

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

15 measures used by SMS— 

16 (i) identify high risk drivers and car17 riers; and 

18 (ii) predict or be correlated with fu19 ture crash risk, crash severity, or other 

20 safety indicators for individual drivers, 

21 motor carriers, and the highest risk car22 riers; 

23 (B) the methodology used to calculate 

24 BASIC percentiles and identify carriers for en25 forcement, including the weights assigned to 


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1 particular violations, and the tie between crash 

2 risk and specific regulatory violations, in order 

3 to accurately identify and predict future crash 

4 risk for motor carriers; 

5 (C) the relative value of inspection infor6 mation and roadside enforcement data; 

7 (D) any data collection gaps or data suffi8 ciency problems that may exist and the impact 

9 of those data gaps and insufficiencies on the ef10 ficacy of the CSA program; and 

11 (E) the accuracy of data processing; and 

12 (2) should consider— 

13 (A) whether the current SMS provides 

14 comparable precision and confidence for SMS 

15 alerts and percentiles for the relative crash risk 

16 of individual large and small motor carriers; 

17 (B) whether alternative systems would 

18 identify high risk carriers or identify high risk 

19 drivers and motor carriers more accurately; and 

20 (C) the recommendations and findings of 

21 the Comptroller General of the United States 

22 and the Inspector General, and independent re23 view team reports issued before the date of the 

24 enactment of this Act. 


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

2 date of enactment of this Act, the Administrator shall sub3 mit a report containing the results of the completed study 

4 to— 

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

6 Transportation of the Senate; 

7 (2) the Committee on Transportation and In8 frastructure of the House of Representatives; 

9 (3) the Inspector General of the Department of 

10 Transportation; and 

11 (4) the Comptroller General of the United 

12 States. 

13 (d) CORRECTIVE ACTION PLAN.— 

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

15 after the Administrator submits a report under sub16 section (c) that identifies a deficiency or opportunity 

17 for improvement in the CSA program or in any ele18 ment of SMS, the Administrator shall submit a cor19 rective action plan to the Committee on Commerce, 

20 Science, and Transportation of the Senate and the 

21 Committee on Transportation and Infrastructure of 

22 the House of Representatives that— 

23 (A) responds to the concerns highlighted 

24 by the report; 


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1 (B) identifies how the Federal Motor Car2 rier Safety Administration will address such 

3 concerns; and 

4 (C) provides an estimate of the cost, in5 cluding changes in staffing, enforcement, and 

6 data collection necessary to implement the rec7 ommendations. 

8 (2) PROGRAM REFORMS.—The corrective action 

9 plan submitted under paragraph (1) shall include an 

10 implementation plan that— 

11 (A) includes benchmarks; 

12 (B) includes programmatic reforms, revi13 sions to regulations, or proposals for legislation; 

14 and 

15 (C) shall be considered in any rulemaking 

16 by the Department of Transportation that re17 lates to the CSA program, including the SMS 

18 data sets or analysis. 

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

20 120 days after the Administrator issues a corrective action 

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

22 Department of Transportation shall— 

23 (1) review the extent to which such plan imple24 ments— 


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1 (A) recommendations contained in the re2 port submitted under subsection (c); and 

3 (B) recommendations issued by the Comp4 troller General or the Inspector General before 

5 the date of enactment of this Act; and 

6 (2) submit a report to the Committee on Com7 merce, Science, and Transportation of the Senate 

8 and the Committee on Transportation and Infra9 structure of the House of Representatives on the re10 sponsiveness of the corrective action plan to the rec11 ommendations described in paragraph (1). 

12 (f) FISCAL LIMITATION.—The Administrator shall 

13 carry out the study required under this section using 

14 amounts appropriated to the Federal Motor Carrier Safety 

15 Administration and available for obligation and expendi16 ture as of the date of the enactment of this Act. 

17 SEC. 2002. SAFETY IMPROVEMENT METRICS. 

18 (a) IN GENERAL.—The Administrator shall incor19 porate a methodology into the CSA program or establish 

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

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

22 for safety technology, tools, programs, and systems ap23 proved by the Administrator through the qualification 

24 process developed under subsection (b) that exceed reguVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 latory requirements or are used to enhance safety per2 formance, including— 

3 (1) the installation of qualifying advanced safe4 ty equipment, such as— 

5 (A) collision mitigation systems; 

6 (B) lane departure warnings; 

7 (C) speed limiters; 

8 (D) electronic logging devices; 

9 (E) electronic stability control; 

10 (F) critical event recorders; and 

11 (G) strengthening rear guards and 

12 sideguards for underride protection; 

13 (2) the use of enhanced driver fitness measures 

14 that exceed current regulatory requirements, such 

15 as— 

16 (A) additional new driver training; 

17 (B) enhanced and ongoing driver training; 

18 and 

19 (C) remedial driver training to address 

20 specific deficiencies as identified in roadside in21 spection or enforcement reports; 

22 (3) the adoption of qualifying administrative 

23 fleet safety management tools technologies, driver 

24 performance and behavior management technologies, 

25 and programs; and 


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1 (4) technologies and measures identified 

2 through the process described in subsection (c). 

3 (b) QUALIFICATION.—The Administrator, through 

4 notice and comment rulemaking, shall develop technical or 

5 other performance standards for technology, advanced 

6 safety equipment, enhanced driver fitness measures, tools, 

7 programs, or systems used by motor carriers that will 

8 qualify for credit under this section. 

9 (c) ADDITIONAL REQUIREMENTS.—In modifying the 

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

11 through notice and comment rulemaking, shall develop a 

12 process for identifying and reviewing other technology, ad13 vanced safety equipment, enhanced driver fitness meas14 ures, tools, programs, or systems used by motor carriers 

15 to improve safety performance that— 

16 (1) provides for a petition for reviewing tech17 nology, advanced safety equipment, enhanced driver 

18 fitness measures, tools, programs, or systems; 

19 (2) seeks input and participation from industry 

20 stakeholders, including drivers, technology manufac21 turers, vehicle manufacturers, motor carriers, en22 forcement communities, and safety advocates, and 

23 the Motor Carrier Safety Advisory Committee; and 

24 (3) includes technology, advanced safety equip25 ment, enhanced driver fitness measures, tools, proVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 grams, or systems with a date certain for future 

2 statutory or regulatory implementation. 

3 (d) SAFETY IMPROVEMENT METRICS USE AND

4 VERIFICATION.—The Administrator, through notice and 

5 comment rulemaking, shall develop a process for— 

6 (1) providing recognition or credit within a 

7 motor carrier’s SMS score for the installation and 

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

9 subsection (a); 

10 (2) ensuring that the safety improvement 

11 metrics developed under this section are presented 

12 with other SMS data; 

13 (3) verifying the installation or use of such 

14 technology, advanced safety equipment, enhanced 

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

16 (4) modifying or removing recognition or credit 

17 upon verification of noncompliance with this section; 

18 (5) ensuring that the credits or recognition re19 ferred to in paragraph (1) reflect the safety improve20 ment anticipated as a result of the installation or 

21 use of the specific technology, advanced safety equip22 ment, enhanced driver fitness measure, tool, pro23 gram, or system; 

24 (6) verifying the deployment and use of quali25 fying equipment or management systems by a motor 


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1 carrier through a certification from the vehicle man2 ufacturer, the system or service provider, the insur3 ance carrier, or through documents submitted by the 

4 motor carrier to the Department of Transportation; 

5 (7) annually reviewing the list of qualifying 

6 safety technology, advanced safety equipment, en7 hanced driver fitness measures, tools, programs, or 

8 systems; and 

9 (8) removing systems mandated by law or regu10 lation, or if such systems demonstrate a lack of effi11 cacy, from the list of qualifying technologies, ad12 vanced safety equipment, enhanced driver fitness 

13 measures, tools, programs, or systems eligible for 

14 credit under the CSA program. 

15 (e) DISSEMINATION OF INFORMATION.—The Admin16 istrator shall maintain a public website that contains in17 formation regarding— 

18 (1) the technology, advanced safety equipment, 

19 enhanced driver fitness measures, tools, programs, 

20 or systems eligible for credit and improved scores; 

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

22 advanced safety equipment, enhanced driver fitness 

23 measures, tools, programs, or systems; and 

24 (3) statistics and information relating to the 

25 use of such technology, advanced safety equipment, 


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1 enhanced driver fitness measures, tools, programs, 

2 or systems. 

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

4 establishment of the Safety Improvement Metrics System 

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

6 and annually thereafter, the Administrator shall publish, 

7 on a public website, a report that identifies— 

8 (1) the types of technology, advanced safety 

9 equipment, enhanced driver fitness measures, tools, 

10 programs, or systems that are eligible for credit; 

11 (2) the number of instances in which each tech12 nology, advanced safety equipment, enhanced driver 

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

14 (3) the number of motor carriers, and a de15 scription of the carrier’s fleet size, that received rec16 ognition or credit under the modified CSA program; 

17 and 

18 (4) the pre- and post-adoption safety perform19 ance of the motor carriers described in paragraph 

20 (3). 

21 (g) EVALUATION.— 

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

23 the implementation of SIMS under this section, the 

24 Administrator shall conduct an evaluation of the efVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 fectiveness of SIMS by reviewing the impacts of 

2 SIMS on— 

3 (A) law enforcement, commercial drivers 

4 and motor carriers, and motor carrier safety; 

5 and 

6 (B) safety and adoption of new tech7 nologies. 

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

9 the implementation of the program, the Adminis10 trator shall submit a report to the Committee on 

11 Commerce, Science, and Transportation of the Sen12 ate and the Committee on Transportation and Infra13 structure of the House of Representatives that de14 scribes— 

15 (A) the results of the evaluation conducted 

16 under paragraph (1); and 

17 (B) the actions the Federal Motor Carrier 

18 Safety Administration plans to take to modify 

19 the demonstration program based on such re20 sults. 

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

22 conducting regulatory impact analyses for rulemakings re23 lating to the technology, advanced safety equipment, en24 hanced driver fitness measures, tools, programs, or sys25 tems selected for credit under the CSA program, the AdVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 ministrator, to the extent practicable, shall use the data 

2 gathered under this section and appropriate statistical 

3 methodology, including sufficient sample sizes, composi4 tion, and appropriate comparison groups, including rep5 resentative motor carriers of all sizes, to estimate the ef6 fects on safety performance and reduction in the number 

7 and severity of accidents with qualifying technology, ad8 vanced safety equipment, tools, programs, and systems. 

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

10 may be construed to provide the Administrator with addi11 tional authority to change the requirements for the oper12 ation of a commercial motor vehicle. 

13 SEC. 2003. DATA CERTIFICATION. 

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

15 after the date of enactment of this Act, none of the anal16 ysis of violation information, enforcement prioritization, 

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

18 each Behavioral Analysis and Safety Improvement Cat19 egory developed through the CSA program may be made 

20 available to the general public (including through requests 

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

22 the Inspector General of the Department of Transpor23 tation certifies that— 


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1 (1) any deficiencies identified in the correlation 

2 study required under section 2001 have been ad3 dressed; 

4 (2) the corrective action plan has been imple5 mented and the concerns raised by the correlation 

6 study under section 2001 have been addressed; 

7 (3) the Administrator has fully implemented or 

8 satisfactorily addressed the issues raised in the Feb9 ruary 2014 GAO report entitled ‘‘Modifying the 

10 Compliance, Safety, Accountability Program Would 

11 Improve the Ability to Identify High Risk Carriers’’ 

12 (GAO–14–114), which called into question the accu13 racy and completeness of safety performance calcula14 tions; 

15 (4) the study required under section 2001 has 

16 been published on a public website; and 

17 (5) the CSA program has been modified in ac18 cordance with section 2002. 

19 (b) LIMITATION ON USE OF SMS DATA.—The anal20 ysis of violation information enforcement prioritization, 

21 alerts, or the relative percentile for each Behavioral Anal22 ysis and Safety Improvement Category developed through 

23 the CSA program within the SMS system may not be used 

24 for safety fitness determinations until the requirements 

25 under subsection (a) have been satisfied. 


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1 (c) EXCEPTIONS.— 

2 (1) IN GENERAL.—Notwithstanding the limita3 tions set forth in subsections (a) and (b)— 

4 (A) the Federal Motor Carrier Safety Ad5 ministration and State and local commercial 

6 motor vehicle enforcement agencies may only 

7 use the information referred to in subsection 

8 (a) for purposes of investigation and enforce9 ment prioritization; and 

10 (B) motor carriers and commercial motor 

11 vehicle drivers may access information referred 

12 to in subsection (a) that relates directly to the 

13 motor carrier or driver, respectively. 

14 (2) LIMITATION.—Nothing in subparagraphs 

15 (A) and (B) of paragraph (1) may be construed to 

16 restrict the official use by State enforcement agen17 cies of the data collected by State enforcement per18 sonnel. 

19 (d) CERTIFICATION.—The certification process de20 scribed in subsection (a) shall occur concurrently with the 

21 implementation of SIMS under section 2002. 

22 SEC. 2004. DATA IMPROVEMENT. 

23 (a) FUNCTIONAL SPECIFICATIONS.—Not later than 

24 180 days after the date of enactment of this Act, the Ad25 ministrator shall develop functional specifications to enVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 sure the consistent and accurate input of data into sys2 tems and databases relating to the CSA program. 

3 (b) FUNCTIONALITY.—The specifications developed 

4 pursuant to subsection (a)— 

5 (1) shall provide for the hardcoding and smart 

6 logic functionality for roadside inspection data col7 lection systems and databases; and 

8 (2) shall be made available to public and private 

9 sector developers. 

10 (c) EFFECTIVE DATA MANAGEMENT.—The Adminis11 trator shall ensure that internal systems and databases 

12 accept and effectively manage data using uniform stand13 ards. 

14 (d) CONSULTATION WITH THE STATES.—Before im15 plementing the functional specifications described in sub16 section (a) or the standards described in subsection (c), 

17 the Administrator shall seek input from the State agencies 

18 responsible for enforcing section 31102 of title 49, United 

19 States Code. 

20 SEC. 2005. ACCIDENT REPORT INFORMATION. 

21 (a) REVIEW.—The Administrator shall initiate a 

22 demonstration program that allows motor carriers and 

23 drivers to request a review of crashes, and the removal 

24 of crash data by the Federal Motor Carrier Safety Admin25 istration of crashes, and removal from any weighting, or 


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1 carrier safety analysis, if the commercial motor vehicle 

2 was operated legally and another motorist in connection 

3 with the crash is found— 

4 (1) to have been driving under the influence; 

5 (2) to have been driving the wrong direction on 

6 a roadway; 

7 (3) to have struck the commercial motor vehicle 

8 in the rear; 

9 (4) to have struck the commercial motor vehicle 

10 which was legally stopped; 

11 (5) by the investigating officer or agency to 

12 have been responsible for the crash; or 

13 (6) to have committed other violations deter14 mined by the Administrator. 

15 (b) DOCUMENTS.—As part of a request for review 

16 under subsection (a), the motor carrier or driver shall sub17 mit a copy of available police reports, crash investigations, 

18 judicial actions, insurance claim information, and any re19 lated court actions submitted by each party involved in 

20 the accident. 

21 (c) SOLICITATION OF OTHER INFORMATION.—Fol22 lowing a notice and comment period, the Administrator 

23 may solicit other types of information to be collected under 

24 subsection (b) to facilitate appropriate reviews under this 

25 section. 


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1 (d) EVALUATION.—The Federal Motor Carrier Safe2 ty Administration shall review the information submitted 

3 under subsections (b) and (c). 

4 (e) RESULTS.—The results of the review under sub5 section (a)— 

6 (1) shall be used to recalculate the motor car7 rier’s crash BASIC percentile; 

8 (2) if the carrier is determined to not be re9 sponsible for the crash incident, such information, 

10 shall be reflected on the website of the Federal 

11 Motor Carrier Safety Administration; and 

12 (3) shall not be admitted as evidence or other13 wise used in a civil action. 

14 (f) FEE SYSTEM.— 

15 (1) ESTABLISHMENT.—The Administrator may 

16 establish a fee system, in accordance with section 

17 9701 of title 31, United States Code, in which a 

18 motor carrier is charged a fee for each review of a 

19 crash requested by such motor carrier under this 

20 section. 

21 (2) DISPOSITION OF FEES.—Fees collected 

22 under this section— 

23 (A) may be credited to the Department of 

24 Transportation appropriations account for pur25 pose of carrying out this section; and 


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1 (B) shall be used to fully fund the oper2 ation of the review program authorized under 

3 this section. 

4 (g) REVIEW AND REPORT.—Not earlier than 2 years 

5 after the establishment of the demonstration program 

6 under this section, the Administrator shall— 

7 (1) conduct a review of the internal crash re8 view program to determine if other crash types 

9 should be included; and 

10 (2) submit a report to Congress that de11 scribes— 

12 (A) the number of crashes reviewed; 

13 (B) the number of crashes for which the 

14 commercial motor vehicle operator was deter15 mined not to be at fault; and 

16 (C) relevant information relating to the 

17 program, including the cost to operate the pro18 gram and the fee structure established. 

19 SEC. 2006. POST-ACCIDENT REPORT REVIEW. 

20 (a) IN GENERAL.—Not later than 120 days after the 

21 date of enactment of this Act, the Secretary shall convene 

22 a working group— 

23 (1) to review the data elements of post-accident 

24 reports, for tow-away accidents involving commercial 


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1 motor vehicles, that are reported to the Federal Gov2 ernment; and 

3 (2) to report to the Secretary its findings and 

4 any recommendations, including best practices for 

5 State post-accident reports to achieve the data ele6 ments described in subsection (c). 

7 (b) COMPOSITION.—Not less than 51 percent of the 

8 working group should be composed of individuals rep9 resenting the States or State law enforcement officials. 

10 The remaining members of the working group shall rep11 resent industry, labor, safety advocates, and other inter12 ested parties. 

13 (c) CONSIDERATIONS.—The working group shall con14 sider requiring additional data elements, including— 

15 (1) the primary cause of the accident, if the pri16 mary cause can be determined; 

17 (2) the physical characteristics of the commer18 cial motor vehicle and any other vehicle involved in 

19 the accident, including— 

20 (A) the vehicle configuration; 

21 (B) the gross vehicle weight if the weight 

22 can be readily determined; 

23 (C) the number of axles; and 

24 (D) the distance between axles, if the dis25 tance can be readily determined; and 


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1 (3) any data elements that could contribute to 

2 the appropriate consideration of requests under sec3 tion 2005. 

4 (d) REPORT.—Not later than 1 year after the date 

5 of enactment of this Act, the Secretary shall— 

6 (1) review the findings of the working group; 

7 (2) identify the best practices for State post-ac8 cident reports that are reported to the Federal Gov9 ernment, including identifying the data elements 

10 that should be collected following a tow-away com11 mercial motor vehicle accident; and 

12 (3) recommend to the States the adoption of 

13 new data elements to be collected following report14 able commercial motor vehicle accidents. 

15 SEC. 2007. RECOGNIZING EXCELLENCE IN SAFETY. 

16 (a) IN GENERAL.—The Administrator shall establish 

17 a program to publicly recognize motor carriers and drivers 

18 whose safety records and programs exceed compliance 

19 with the Federal Motor Carrier Safety Administration’s 

20 safety regulations and demonstrate clear and outstanding 

21 safety practices. 

22 (b) RESTRICTION.—The program established under 

23 subsection (a) may not be deemed to be an endorsement 

24 of, or a preference for, motor carriers or drivers recognized 

25 under the program. 


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1 SEC. 2008. HIGH RISK CARRIER REVIEWS. 

2 (a) IN GENERAL.—After the completion of the certifi3 cation under section 2003 of this Act, and the establish4 ment of the Safety Fitness Determination program, the 

5 Secretary shall ensure that a review is completed on each 

6 motor carrier that demonstrates through performance 

7 data that it poses the highest safety risk. At a minimum, 

8 a review shall be conducted whenever a motor carrier is 

9 among the highest risk carriers for 4 consecutive months. 

10 (b) REPORT.—Not later than 180 days after the com11 pletion of the certification under section 2003 of this Act 

12 and the establishment of the Safety Fitness Determination 

13 program, the Secretary shall post on a public website a 

14 report on the actions the Secretary has taken to comply 

15 with this section, including the number of high risk car16 riers identified and the high risk carriers reviewed. 

17 (c) CONFORMING AMENDMENT.—Section 4138 of the 

18 Safe, Accountable, Flexible, Efficient Transportation Eq19 uity Act: A Legacy for Users (49 U.S.C. 31144 note) is 

20 repealed. 

21 PART II—INTERIM HIRING STANDARD 

22 SEC. 2101. DEFINITIONS. 

23 In this part: 

24 (1) ENTITY.—The term ‘‘entity’’ means a per25 son acting as— 

26 (A) a shipper or a consignee; 


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1 (B) a broker, a freight forwarder, or a 

2 household goods freight forwarder (as such 

3 terms are defined in section 13102 of title 49, 

4 United States Code); 

5 (C) a non-vessel-operating common carrier, 

6 an ocean freight forwarder, or an ocean trans7 portation intermediary (as such terms are de8 fined in section 40102 of title 46, United States 

9 Code); 

10 (D) an indirect air carrier authorized to 

11 operate under a Standard Security Program ap12 proved by the Transportation Security Adminis13 tration; 

14 (E) a customs broker licensed in accord15 ance with section 111.2 of title 19, Code of 

16 Federal Regulations; 

17 (F) an interchange motor carrier subject 

18 to paragraphs (1)(B) and (2) of section 

19 13902(i); or 

20 (G) a warehouse (as defined in Article 7– 

21 102(13) of the Uniform Commercial Code). 

22 (2) MOTOR CARRIER.—The term ‘‘motor car23 rier’’ means a motor carrier or a household goods 

24 motor carrier (as such terms are defined in section 

25 13102 of title 49, United States Code) that is subVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 ject to Federal motor carrier financial responsibility 

2 and safety regulations. 

3 (3) STATE.—The term ‘‘State’’ means each of 

4 the 50 States, a political subdivision of any such 

5 State, any intrastate agency, any other political 

6 agency of 2 or more States, the District of Colum7 bia, American Samoa, the Commonwealth of the 

8 Northern Mariana Islands, the Commonwealth of 

9 Puerto Rico, Guam, and the Virgin Islands. 

10 SEC. 2102. NATIONAL HIRING STANDARDS FOR MOTOR 

11 CARRIERS. 

12 (a) NATIONAL STANDARD.—Before tendering a ship13 ment, but not more than 35 days before the pickup of 

14 a shipment by the hired motor carrier, an entity shall 

15 verify that the motor carrier, at the time of such 

16 verification— 

17 (1) is registered with and authorized by the 

18 Federal Motor Carrier Safety Administration to op19 erate as a motor carrier or household goods motor 

20 carrier, if applicable; 

21 (2) has the minimum insurance coverage re22 quired by Federal law; and 

23 (3)(A) before the safety fitness determination 

24 regulations are issued, does not have an unsatisfac25 tory safety fitness determination issued by the FedVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 eral Motor Carrier Safety Administration in force at 

2 the time of such verification; or 

3 (B) beginning on the date that safety fitness 

4 determination regulations are implemented, does not 

5 have a safety fitness rating issued by the Federal 

6 Motor Carrier Safety Administration under such 

7 regulations that is the equivalent of the unsatisfac8 tory fitness rating referred to in subparagraph (A). 

9 (b) INTERIM USE OF DATA.— 

10 (1) IN GENERAL.—Only evidence of an entity’s 

11 compliance with subsection (a), crash data, and vio12 lations may be admitted as evidence or otherwise 

13 used in a civil action for damages resulting from a 

14 claim of negligent selection or retention of such 

15 motor carrier against the entity. 

16 (2) EXCLUDED EVIDENCE.—All other motor 

17 carrier data created or maintained by the Federal 

18 Motor Carrier Safety Administration, including safe19 ty measurement system data or analysis of such 

20 data, may not be admitted into evidence in a case 

21 or proceeding in which it is asserted or alleged that 

22 an entity’s selection or retention of a motor carrier 

23 was negligent. 

24 (3) CESSATION OF EFFECTIVENESS.—Para25 graphs (1) and (2) of this subsection cease to be efVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 fective on the date of completion of the certification 

2 under section 2003 of this Act. 

3 SEC. 2103. APPLICABILITY. 

4 Notwithstanding any other provision of law, this part 

5 shall not apply to any motor carrier transportation con6 tract entered into before the date of enactment of this Act. 

7 Subtitle B—Drug Free Commercial 

8 Driver Act of 2015 

9 SEC. 2201. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Drug Free Com11 mercial Driver Act of 2015’’. 

12 SEC. 2202. AUTHORIZATION OF HAIR TESTING. 

13 Section 31306 is amended— 

14 (1) in subsection (b)(1)— 

15 (A) by redesignating subparagraph (B) as 

16 subparagraph (C); and 

17 (B) in subparagraph (A), by striking ‘‘The 

18 regulations shall permit such motor carriers to 

19 conduct preemployment testing of such employ20 ees for the use of alcohol.’’ and inserting the 

21 following: 

22 ‘‘(B) The regulations prescribed under subparagraph 

23 (A) shall permit motor carriers— 


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1 ‘‘(i) to conduct preemployment testing of com2 mercial motor vehicle operators for the use of alco3 hol; and 

4 ‘‘(ii) to use hair testing as an acceptable alter5 native to urinalysis— 

6 ‘‘(I) in conducting preemployment screen7 ing for the use of a controlled substance; and 

8 ‘‘(II) in conducting random screening for 

9 the use of a controlled substance by individuals 

10 who were subject to preemployment screening.’’; 

11 and 

12 (2) in subsection (c)(2)— 

13 (A) in subparagraph (B), by striking 

14 ‘‘and’’ at the end; 

15 (B) in subparagraph (C), by inserting 

16 ‘‘and’’ after the semicolon; and 

17 (C) by adding at the end the following: 

18 ‘‘(D) laboratory protocols and cut-off levels 

19 for hair testing to detect the use of a controlled 

20 substance;’’. 

21 SEC. 2203. EXEMPTION FROM MANDATORY URINALYSIS. 

22 (a) IN GENERAL.—Any motor carrier that dem23 onstrates, to the satisfaction of the Administrator of the 

24 Federal Motor Carrier Safety Administration, that it can 

25 carry out an applicable hair testing program, consistent 


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1 with generally accepted industry standards, to detect the 

2 use of a controlled substance by commercial motor vehicle 

3 operators, may apply to the Administrator for an exemp4 tion from the mandatory urinalysis testing requirements 

5 set forth in subpart C of part 382 of title 49, Code of 

6 Federal Regulations, until a final rule is issued imple7 menting the amendments made by section 2202 of this 

8 Act. 

9 (b) EVALUATION OF APPLICATIONS.— 

10 (1) IN GENERAL.—In evaluating an application 

11 for an exemption under subsection (a), the Adminis12 trator shall determine if the applicant’s testing pro13 gram employs procedures and protections similar to 

14 fleets that have carried out hair testing programs 

15 for at least 1 year. 

16 (2) REQUIREMENTS.—A testing program may 

17 not receive an exemption under subsection (a) unless 

18 the applicable testing laboratories— 

19 (A) have obtained laboratory accreditation 

20 specific to hair testing from an accrediting 

21 body, compliant with international or other 

22 Federal standards as appropriate, such as the 

23 College of American Pathologists; and 

24 (B) utilize hair testing assays that have 

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1 tion under section 510(k) of the Federal Food, 

2 Drug, and Cosmetic Act (21 U.S.C. 360(k)). 

3 (c) REPORTING REQUIREMENT.—Any motor carrier 

4 that is granted an exemption under subsection (a) shall 

5 submit records to the national clearinghouse established 

6 under section 31306a of title 49, United States Code, re7 lating to all positive test results and test refusals from 

8 the hair testing program described in that subsection. 

9 SEC. 2204. GUIDELINES FOR HAIR TESTING. 

10 Not later than 1 year after the date of enactment 

11 of this Act, the Secretary of Health and Human Services 

12 shall issue scientific and technical guidelines for hair test13 ing as a method of detecting the use of a controlled sub14 stance for purposes of section 31306 of title 49, United 

15 States Code, as amended by section 2202 of this Act. 

16 When issuing the scientific and technical guidelines, the 

17 Secretary of Health and Human Services may consider 

18 differentiating between exposure to and usage of various 

19 controlled substances. 

20 SEC. 2205. ANNUAL REPORT TO CONGRESS. 

21 Not later than 1 year after the date of enactment 

22 of this Act, and annually thereafter for 5 years, the Sec23 retary of Transportation shall submit a report to Congress 

24 that— 


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1 (1) summarizes the results of preemployment 

2 and random drug testing using both hair testing and 

3 urinalysis; 

4 (2) evaluates the efficacy of each method; and 

5 (3) determines which method provides the most 

6 accurate means of detecting the use of controlled 

7 substances over time. 

8 Subtitle C—Transparency and 

9 Accountability 

10 SEC. 2301. RULEMAKING REQUIREMENTS. 

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

12 date of enactment of this Act, if the Secretary determines 

13 that a significant number of crashes are not covered by 

14 the current minimum insurance requirements, the Sec15 retary shall commence a rulemaking to determine whether 

16 to increase the minimum levels of financial responsibility 

17 required under section 31139 of title 49, United States 

18 Code, for a motor carrier to transport property. 

19 (b) CONSIDERATIONS.—In considering a notice of 

20 proposed rulemaking or final rule to increase the min21 imum levels of financial responsibility under subsection 

22 (a), the Secretary shall identify and consider— 

23 (1) current State insurance requirements; 


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1 (2) the differences between the State insurance 

2 requirements identified under paragraph (1) and 

3 Federal requirements; 

4 (3) the amount of an insurance claim at the 

5 current minimum levels of financial responsibility 

6 that is applied toward— 

7 (A) medical care; 

8 (B) compensation; 

9 (C) attorney fees; or 

10 (D) other identifiable costs of a claim; and 

11 (4) the frequency in which an insurance claim 

12 exceeds the current minimum levels of financial re13 sponsibility, including, to the extent practicable, un14 sealed verdicts and settlements. 

15 (c) RULEMAKING.—If the Secretary commences a 

16 rulemaking under subsection (a), the Secretary shall in17 clude in the rulemaking— 

18 (1) an estimate of the regulations impact on— 

19 (A) the safety of motor vehicle transpor20 tation; 

21 (B) the economic condition of the motor 

22 carrier industry, including small and minority 

23 motor carriers and independent owner-opera24 tors; 


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1 (C) the ability of the insurance industry to 

2 provide the required amount of insurance; and 

3 (D) the ability of the minimum insurance 

4 level to cover the full cost of injuries, compen5 satory damages, and fatalities; and 

6 (2) an estimate of the effects an increase in the 

7 minimum levels of financial responsibility would have 

8 on— 

9 (A) small motor carriers; 

10 (B) insurance premiums for motor car11 riers, including small and minority motor car12 riers and independent owner-operators; and 

13 (C) the availability of insurance to meet 

14 the minimum levels of financial responsibility. 

15 SEC. 2302. PETITIONS FOR REGULATORY RELIEF. 

16 (a) APPLICATIONS FOR REGULATORY RELIEF.—Not17 withstanding subpart C of part 381 of title 49, Code of 

18 Federal Regulations, the Secretary shall allow an appli19 cant representing a class or group of motor carriers to 

20 apply for a specific exemption from any provision of the 

21 regulations under part 395 of title 49, Code of Federal 

22 Regulations, for commercial motor vehicle drivers. 

23 (b) REVIEW PROCESS.— 


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1 (1) IN GENERAL.—The Secretary shall establish 

2 the procedures for the application for and the review 

3 of an exemption under subsection (a). 

4 (2) PUBLICATION.—Not later than 30 days 

5 after the date of receipt of an application for an ex6 emption, the Secretary shall publish the application 

7 in the Federal Register and provide the public with 

8 an opportunity to comment. 

9 (3) PUBLIC COMMENT.— 

10 (A) IN GENERAL.—Each application shall 

11 be available for public comment for a 30-day 

12 period, but the Secretary may extend the oppor13 tunity for public comment to 60 days if it is a 

14 significant or complex request. 

15 (B) REVIEW.—Beginning on the date that 

16 the public comment period under subparagraph 

17 (A) ends, the Secretary shall have 60 days to 

18 review all of the comments received. 

19 (4) DETERMINATION.—At the end of the 60- 

20 day period under paragraph (3)(B), the Secretary 

21 shall publish a determination in the Federal Reg22 ister, including— 

23 (A) the reason for granting or denying the 

24 application; and 

25 (B) if the application is granted— 


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1 (i) the specific class of persons eligible 

2 for the exemption; 

3 (ii) each provision of the regulations 

4 to which the exemption applies; and 

5 (iii) any conditions or limitations ap6 plied to the exemption. 

7 (5) CONSIDERATIONS.—In making a determina8 tion whether to grant or deny an application for an 

9 exemption, the Secretary shall consider the safety 

10 impacts of the request and may provide appropriate 

11 conditions or limitations on the use of the exemp12 tion. 

13 (c) OPPORTUNITY FOR RESUBMISSION.—If an appli14 cation is denied and the applicant can reasonably address 

15 the reason for the denial, the Secretary may allow the 

16 motor carrier to resubmit the application. 

17 (d) PERIOD OF APPLICABILITY.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2) of this subsection and subsection (f), each 

20 exemption granted under this section shall be valid 

21 for a period of 5 years unless the Secretary identi22 fies a compelling reason for a shorter exemption pe23 riod. 

24 (2) RENEWAL.—At the end of the 5-year period 

25 under paragraph (1)— 


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1 (A) the Secretary, at the Secretary’s dis2 cretion, may renew the exemption for an addi3 tional 5-year period; or 

4 (B) an applicant may apply under sub5 section (a) for a permanent exemption from 

6 each applicable provision of the regulations. 

7 (e) LIMITATION.—No exemption under this section 

8 may be granted to or used by any motor carrier that has 

9 an unsatisfactory safety fitness determination. 

10 (f) PERMANENT EXEMPTIONS.— 

11 (1) IN GENERAL.—The Secretary shall make 

12 permanent the following limited exceptions: 

13 (A) Department of Defense Military Sur14 face Deployment and Distribution Command 

15 transport of weapons, munitions, and sensitive 

16 classified cargo as published in the Federal 

17 Register Volume 80 on April 16, 2015 (80 Fed. 

18 Reg. 20556). 

19 (B) Department of Energy transport of se20 curity-sensitive radioactive materials as pub21 lished in the Federal Register Volume 80 on 

22 June 22, 2015 (80 Fed. Reg. 35703). 

23 (C) All motor carriers that transport haz24 ardous materials shipments requiring security 

25 plans under regulations of the Pipeline and 


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1 Hazardous Materials Safety Administration as 

2 published in the Federal Register Volume 80 on 

3 May 1, 2015 (80 Fed. Reg. 25004). 

4 (D) Perishable construction products as 

5 published in the Federal Register, Volume 80 

6 on April 2, 2015 (80 Fed. Reg. 17819). 

7 (E) Passenger vehicle record of duty status 

8 change as published in the Federal Register 

9 Volume 80 on June 4, 2015 (80 Fed. Reg. 

10 31961). 

11 (F) Transport of commercial bee hives as 

12 published in the Federal Register Volume 80 on 

13 June 19, 2018 (80 Fed. Reg. 35425). 

14 (G) All specialized carriers and drivers re15 sponsible for transporting loads requiring spe16 cial permits as published in the Federal Reg17 ister Volume 80 on June 18, 2015 (80 Fed. 

18 Reg. 34957). 

19 (H) Safe transport of livestock as pub20 lished in the Federal Register Volume 80 on 

21 June 12, 2015 (80 Fed. Reg. 33584). 

22 (2) ADDITIONAL EXEMPTIONS.—The Secretary 

23 may make any temporary exemption from any provi24 sion of the regulations under part 395 of title 49, 

25 Code of Federal Regulations, for commercial motor 


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1 vehicle drivers that is in effect on the date of enact2 ment of this Act permanent if the Secretary deter3 mines that the permanent exemption will not de4 grade safety. The Secretary shall provide public no5 tice and comment on a list of the additional provi6 sions to be made permanent under this paragraph. 

7 SEC. 2303. INSPECTOR STANDARDS. 

8 Not later than 90 days after the date of enactment 

9 of this Act, the Administrator of the Federal Motor Car10 rier Safety Administration shall revise the regulations 

11 under part 385 of title 49, Code of Federal Regulations, 

12 as necessary, to incorporate by reference the certification 

13 standards for roadside inspectors issued by the Commer14 cial Vehicle Safety Alliance. 

15 SEC. 2304. TECHNOLOGY IMPROVEMENTS. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 date of enactment of this Act, the Government Account18 ability Office shall conduct a comprehensive analysis on 

19 the Federal Motor Carrier Safety Administration’s infor20 mation technology and data collection and management 

21 systems. 

22 (b) REQUIREMENTS.—The study conducted under 

23 subsection (a) shall— 

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1 tems, and data management systems and programs, 

2 including their interaction with each other and their 

3 efficacy in meeting user needs; 

4 (2) identify any redundancies among the sys5 tems and programs described in paragraph (1); 

6 (3) explore the feasibility of consolidating data 

7 collection and processing systems; 

8 (4) evaluate the ability of the systems and pro9 grams described in paragraph (1) to meet the needs 

10 of— 

11 (A) the Federal Motor Carrier Safety Ad12 ministration, at both the headquarters and 

13 State level; 

14 (B) the State agencies that implement the 

15 Motor Carrier Safety Assistance Program under 

16 section 31102 of title 49, United States Code; 

17 and 

18 (C) other users; 

19 (5) evaluate the adaptability of the systems and 

20 programs described in paragraph (1), in order to 

21 make necessary future changes to ensure user needs 

22 are met in an easier, timely, and more cost efficient 

23 manner; 

24 (6) investigate and make recommendations re25 garding— 


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1 (A) deficiencies in existing data sets im2 pacting program effectiveness; and 

3 (B) methods to improve any and all user 

4 interfaces; and 

5 (7) evaluate the appropriate role the Federal 

6 Motor Carrier Safety Administration should take 

7 with respect to software and information systems de8 sign, development, and maintenance for the purpose 

9 of improving the efficacy of the systems and pro10 grams described in paragraph (1). 

11 Subtitle D—Trucking Rules Up12 dated by Comprehensive and 

13 Key Safety Reform 

14 SEC. 2401. UPDATE ON STATUTORY REQUIREMENTS. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of enactment of this Act, and every 90 days there17 after until a final rule has been issued for each of the 

18 requirements described under paragraphs (1) through (5), 

19 the Administrator of the Federal Motor Carrier Safety Ad20 ministration shall submit to the Committee on Commerce, 

21 Science, and Transportation of the Senate and the Com22 mittee on Transportation and Infrastructure of the House 

23 of Representatives a report on the status of a final rule 

24 for— 


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1 (1) the minimum entry-level training require2 ments for an individual operating a commercial 

3 motor vehicle under section 31305(c) of title 49, 

4 United States Code; 

5 (2) motor carrier safety fitness determinations; 

6 (3) visibility of agricultural equipment under 

7 section 31601 of division C of the Moving Ahead for 

8 Progress in the 21st Century Act (49 U.S.C. 30111 

9 note); 

10 (4) regulations to require commercial motor ve11 hicles in interstate commerce and operated by a 

12 driver subject to the hours of service and record of 

13 duty status requirements under part 395 of title 49, 

14 Code of Federal Regulations, be equipped with an 

15 electronic control module capable of limiting the 

16 maximum speed of the vehicle; and 

17 (5) any outstanding commercial motor vehicle 

18 safety regulation required by law and incomplete for 

19 more than 2 years. 

20 (b) CONTENTS.—Each report under subsection (a) 

21 shall include a description of the work plan, an updated 

22 rulemaking timeline, current staff allocations, any re23 source constraints, and any other details associated with 

24 the development of the rulemaking. 


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1 SEC. 2402. STATUTORY RULEMAKING. 

2 The Administrator of the Federal Motor Carrier 

3 Safety Administration shall prioritize the use of Federal 

4 Motor Carrier Safety Administration resources for the 

5 completion of each outstanding statutory requirement for 

6 a rulemaking before beginning any new rulemaking unless 

7 the Secretary certifies to Congress that there is an immi8 nent and significant safety need to move forward with a 

9 new rulemaking. 

10 SEC. 2403. GUIDANCE REFORM. 

11 (a) GUIDANCE.— 

12 (1) POINT OF CONTACT.—Each guidance docu13 ment, other than a regulatory action, issued by the 

14 Federal Motor Carrier Safety Administration shall 

15 have a date of publication or a date of revision, as 

16 applicable, and the name and contact information of 

17 a point of contact at the Federal Motor Carrier 

18 Safety Administration who can respond to questions 

19 regarding the general applicability of the guidance. 

20 (2) PUBLIC ACCESSIBILITY.— 

21 (A) IN GENERAL.—Each guidance docu22 ment and interpretation issued by the Federal 

23 Motor Carrier Safety Administration shall be 

24 published on the Department of Transpor25 tation’s public website on the date of issuance. 


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1 (B) REDACTION.—The Administrator of 

2 the Federal Motor Carrier Safety Administra3 tion may redact from a guidance document or 

4 interpretation under subparagraph (A) any in5 formation that would reveal investigative tech6 niques that would compromise Federal Motor 

7 Carrier Safety Administration enforcement ef8 forts. 

9 (3) RULEMAKING.—Not later than 5 years after 

10 the date that a guidance document is published 

11 under paragraph (2) or during the comprehensive 

12 review under subsection (c), whichever is earlier, the 

13 Secretary, in consultation with the Administrator, 

14 shall revise the applicable regulations to incorporate 

15 the guidance document to the extent practicable. 

16 (4) REISSUANCE.—If a guidance document is 

17 not incorporated into the applicable regulations 

18 under paragraph (3), the Secretary shall— 

19 (A) reissue an updated guidance document; 

20 and 

21 (B) review and reissue an updated guid22 ance document every 5 years during the com23 prehensive review process under subsection (c) 

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1 moved or incorporated into the applicable regu2 lations under paragraph (3) of this subsection. 

3 (b) UPDATE.—Not later than 1 year after the date 

4 of enactment of this Act, the Secretary shall review regula5 tions, guidance, and enforcement policies published on the 

6 Department of Transportation’s public website to ensure 

7 the regulations, guidance, and enforcement policies are 

8 current, readily accessible to the public, and meet the 

9 standards under subsection (c)(1). 

10 (c) REVIEW.— 

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

12 not less than once every 5 years, the Administrator 

13 of the Federal Motor Carrier Safety Administration 

14 shall conduct a comprehensive review of its guidance 

15 and enforcement policies to determine whether— 

16 (A) the guidance and enforcement policies 

17 are consistent and clear; 

18 (B) uniformly and consistently enforceable; 

19 and 

20 (C) guidance is still necessary. 

21 (2) NOTICE AND COMMENT.—Prior to begin22 ning the review, the Administrator shall publish in 

23 the Federal Register a notice and request for com24 ment soliciting input from stakeholders on which 

25 regulations should be updated or eliminated. 


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1 (3) REPORT.—Not later than 60 days after the 

2 date that a review under paragraph (1) is complete, 

3 the Administrator shall publish on the Department 

4 of Transportation’s public website a report detailing 

5 the review and a full inventory of guidance and en6 forcement policies. 

7 SEC. 2404. PETITIONS. 

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

9 Motor Carrier Safety Administration shall— 

10 (1) publish in the Federal Register or on the 

11 Department of Transportation’s public website all 

12 petitions for regulatory action submitted; 

13 (2) prioritize stakeholder petitions based on the 

14 likelihood of providing safety improvements; 

15 (3) formally respond to each petition by indi16 cating whether the Administrator will accept, deny, 

17 or further review, the petition not later than 180 

18 days after the date the petition is petition is pub19 lished under paragraph (1); 

20 (4) prioritize resulting actions consistent with 

21 an action’s potential to reduce crashes, improve en22 forcement, and reduce unnecessary burdens; and 

23 (5) publish, and update as necessary, on the 

24 Department of Transportation’s public website an 

25 inventory of each petition described in paragraph 


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1 (1), including any applicable disposition information 

2 for that petition. 

3 (b) DEFINITION OF PETITION.—In this section, the 

4 term ‘‘petition’’ means a request for new regulations, reg5 ulatory interpretations or clarifications, or retrospective 

6 review of regulations to eliminate or modify obsolete, inef7 fective, or overly burdensome rules. 

8 SEC. 2405. REGULATORY REFORM. 

9 (a) REGULATORY IMPACT ANALYSIS.— 

10 (1) IN GENERAL.—Within each regulatory im11 pact analysis of a proposed or final rule issued by 

12 the Federal Motor Carrier Safety Administration, 

13 the Secretary shall— 

14 (A) consider effects of the proposed or 

15 final rule on a carrier with differing character16 istics; and 

17 (B) formulate estimates and findings on 

18 the best available science. 

19 (2) SCOPE.—To the extent feasible and appro20 priate, and consistent with law, the analysis de21 scribed in paragraph (1) shall— 

22 (A) use data generated from a representa23 tive sample of commercial vehicle operators, 

24 motor carriers, or both, that will be covered 

25 under the proposed or final rule; and 


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1 (B) consider effects on commercial truck 

2 and bus carriers of various sizes and types. 

3 (b) PUBLIC PARTICIPATION.— 

4 (1) IN GENERAL.—Before promulgating a pro5 posed rule under subtitle VI of title 49, United 

6 States Code, if the proposed rule is likely to lead to 

7 the promulgation of a major rule the Secretary 

8 shall— 

9 (A) issue an advance notice of proposed 

10 rulemaking; or 

11 (B) determine to proceed with a negotiated 

12 rulemaking. 

13 (2) REQUIREMENTS.—Each advance notice of 

14 proposed rulemaking issued under paragraph (1) 

15 shall— 

16 (A) identify the compelling public concern 

17 for a potential regulatory action, such as fail18 ures of private markets to protect or improve 

19 the safety of the public, the environment, or the 

20 well-being of the American people; 

21 (B) identify and request public comment 

22 on the best available science or technical infor23 mation on the need for regulatory action and on 

24 the potential regulatory alternatives; 


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1 (C) request public comment on the benefits 

2 and costs of potential regulatory alternatives 

3 reasonably likely to be included or analyzed as 

4 part of the notice of proposed rulemaking; and 

5 (D) request public comment on the avail6 able alternatives to direct regulation, including 

7 providing economic incentives to encourage the 

8 desired behavior. 

9 (3) WAIVER.—This subsection shall not apply 

10 when the Secretary, for good cause, finds (and incor11 porates the finding and a brief statement of reasons 

12 for such finding in the proposed or final rule) an ad13 vance notice of proposed rulemaking impracticable, 

14 unnecessary, or contrary to the public interest. 

15 (c) SAVINGS CLAUSE.—Nothing in this section may 

16 be construed to limit the contents of any Advance Notice 

17 of Proposed Rulemaking. 

18 Subtitle E—State Authorities 

19 SEC. 2501. EMERGENCY ROUTE WORKING GROUP. 

20 (a) IN GENERAL.— 

21 (1) ESTABLISHMENT.—Not later than 1 year 

22 after the date of enactment of this Act, the Sec23 retary shall establish a working group to determine 

24 best practices for expedient State approval of special 


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1 permits for vehicles involved in emergency response 

2 and recovery. 

3 (2) MEMBERS.—The working group shall in4 clude representatives from— 

5 (A) State highway transportation depart6 ments or agencies; 

7 (B) relevant modal agencies within the De8 partment of Transportation; 

9 (C) emergency response or recovery ex10 perts; 

11 (D) relevant safety groups; and 

12 (E) persons affected by special permit re13 strictions during emergency response and recov14 ery efforts. 

15 (b) CONSIDERATIONS.—In determining best practices 

16 under subsection (a), the working group shall consider 

17 whether— 

18 (1) hurdles currently exist that prevent the ex19 pedient State approval for special permits for vehi20 cles involved in emergency response and recovery; 

21 (2) it is possible to pre-identify and establish 

22 emergency routes between States through which in23 frastructure repair materials could be delivered fol24 lowing a natural disaster or an emergency; 


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1 (3) a State could pre-designate an emergency 

2 route identified under paragraph (1) as a certified 

3 emergency route if a motor vehicle that exceeds the 

4 otherwise applicable Federal and State truck length 

5 or width limits may safely operate along such route 

6 during period of emergency recovery; and 

7 (4) an online map could be created to identify 

8 each pre-designated emergency route under para9 graph (2), including information on specific limita10 tions, obligations, and notification requirements 

11 along that route. 

12 (c) REPORT.—Not later than 1 year after the date 

13 of enactment of this Act, the working group shall submit 

14 to the Secretary a report of its findings under this section 

15 and any recommendations for the implementation of the 

16 best practices for expedient State approval of special per17 mits for vehicles involved in emergency recovery. Upon re18 ceipt, the Secretary shall publish the report on a public 

19 website. 

20 (d) FEDERAL ADVISORY COMMITTEE ACT EXEMP21 TION.—The Federal Advisory Committee Act (5 U.S.C. 

22 App.) shall not apply to the working group established 

23 under this section. 


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1 SEC. 2502. ADDITIONAL STATE AUTHORITY. 

2 Notwithstanding any other provision of law, not later 

3 than 180 days after the date of enactment of this Act, 

4 any State impacted by section 4006 of the Intermodal 

5 Surface Transportation Efficiency Act of 1991 (Public 

6 Law 102–240; 105 Stat. 2148) shall be provided the op7 tion to update the routes listed in the final list as long 

8 as the update shifts routes to divided highways or does 

9 not increase centerline miles by more than 5 percent and 

10 the change is expected to increase safety performance. 

11 SEC. 2503. COMMERCIAL DRIVER ACCESS. 

12 (a) INTERSTATE COMPACT PILOT PROGRAM.— 

13 (1) IN GENERAL.—The Administrator of the 

14 Federal Motor Carrier Safety Administration shall 

15 establish a 6-year pilot program to study the feasi16 bility, benefits, and safety impacts of allowing a li17 censed driver between the ages of 18 and 21 to oper18 ate a commercial motor vehicle in interstate com19 merce. 

20 (2) INTERSTATE COMPACTS.—The Secretary 

21 shall allow States, including the District of Colum22 bia, to enter into an interstate compact with contig23 uous States to allow a licensed driver between the 

24 ages of 18 and 21 to operate a motor vehicle across 

25 the applicable State lines. The Secretary shall ap26 prove as many as 6 interstate compacts, with no 


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1 limit on the number of States participating in each 

2 interstate compact. 

3 (3) MUTUAL RECOGNITION OF LICENSES.—A 

4 valid intrastate commercial driver’s licenses issued 

5 by a State participating in an interstate compact 

6 under paragraph (2) shall be recognized as valid in 

7 each State that is participating in that interstate 

8 compact. 

9 (4) STANDARDS.—In developing an interstate 

10 compact under this subsection, participating States 

11 shall provide for minimum licensure standards ac12 ceptable for interstate travel under this section, 

13 which may include, for a licensed driver between the 

14 ages of 18 and 21 participating in the pilot pro15 gram— 

16 (A) age restrictions; 

17 (B) distance from origin (measured in air 

18 miles); 

19 (C) reporting requirements; or 

20 (D) additional hours of service restrictions. 

21 (5) LIMITATIONS.—An interstate compact 

22 under paragraph (2) may not permit special configu23 ration or hazardous cargo operations to be trans24 ported by a licensed driver under the age of 21. 


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1 (6) ADDITIONAL REQUIREMENTS.—The Sec2 retary may— 

3 (A) prescribe such additional requirements, 

4 including training, for a licensed driver between 

5 the ages of 18 and 21 participating in the pilot 

6 program as the Secretary considers necessary; 

7 and 

8 (B) provide risk mitigation restrictions and 

9 limitations. 

10 (b) APPROVAL.—An interstate compact under sub11 section (a)(2) may not go into effect until it has been ap12 proved by the governor of each State (or the Mayor of 

13 the District of Columbia, if applicable) that is a party to 

14 the interstate compact, after consultation with the Sec15 retary of Transportation and the Administrator of the 

16 Federal Motor Carrier Safety Administration. 

17 (c) REPORT.—Not earlier than 4 years after the date 

18 the test program is established, the Secretary shall submit 

19 to Congress a report containing the findings of the pilot 

20 program, a determination of whether a licensed driver be21 tween the ages of 18 and 21 can operate a commercial 

22 motor vehicle in interstate commerce with an equivalent 

23 level of safety, and the reasons for that determination. 


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1 Subtitle F—Motor Carrier Safety 

2 Grant Consolidation 

3 SEC. 2601. DEFINITIONS. 

4 (a) IN GENERAL.—Section 31101 is amended— 

5 (1) by redesignating paragraph (4) as para6 graph (5); and 

7 (2) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) ‘Secretary’ means the Secretary of Trans10 portation.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 Section 31101, as amended by subsection (a), is amend13 ed— 

14 (1) in paragraph (1)(B), by inserting a comma 

15 after ‘‘passengers’’; and 

16 (2) in paragraph (1)(C), by striking ‘‘of Trans17 portation’’. 

18 SEC. 2602. GRANTS TO STATES. 

19 (a) MOTOR CARRIER SAFETY ASSISTANCE PRO20 GRAM.—Section 31102 is amended to read as follows: 

21 ‘‘§ 31102. Motor Carrier Safety Assistance Program 

22 ‘‘(a) IN GENERAL.—The Secretary shall administer 

23 a motor carrier safety assistance program funded under 

24 section 31104. 


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1 ‘‘(b) GOAL.—The goal of the program is to ensure 

2 that the Secretary, States, local governments, other polit3 ical jurisdictions, federally recognized Indian tribes, and 

4 other persons work in partnership to establish programs 

5 to improve motor carrier, commercial motor vehicle, and 

6 driver safety to support a safe and efficient surface trans7 portation system— 

8 ‘‘(1) by making targeted investments to pro9 mote safe commercial motor vehicle transportation, 

10 including the transportation of passengers and haz11 ardous materials; 

12 ‘‘(2) by investing in activities likely to generate 

13 maximum reductions in the number and severity of 

14 commercial motor vehicle crashes and fatalities re15 sulting from such crashes; 

16 ‘‘(3) by adopting and enforcing effective motor 

17 carrier, commercial motor vehicle, and driver safety 

18 regulations and practices consistent with Federal re19 quirements; and 

20 ‘‘(4) by assessing and improving statewide per21 formance by setting program goals and meeting per22 formance standards, measures, and benchmarks. 

23 ‘‘(c) STATE PLANS.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall pre25 scribe procedures for a State to submit a multipleVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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1 year plan, and annual updates thereto, under which 

2 the State agrees to assume responsibility for improv3 ing motor carrier safety, adopting and enforcing 

4 compatible regulations, standards, and orders of the 

5 Federal Government on commercial motor vehicle 

6 safety and hazardous materials transportation safe7 ty. 

8 ‘‘(2) CONTENTS.—The Secretary shall approve 

9 a plan if the Secretary determines that the plan is 

10 adequate to comply with the requirements of this 

11 section, and the plan— 

12 ‘‘(A) implements performance-based activi13 ties, including deployment and maintenance of 

14 technology to enhance the efficiency and effec15 tiveness of commercial motor vehicle safety pro16 grams; 

17 ‘‘(B) designates a lead State commercial 

18 motor vehicle safety agency responsible for ad19 ministering the plan throughout the State; 

20 ‘‘(C) contains satisfactory assurances that 

21 the lead State commercial motor vehicle safety 

22 agency has or will have the legal authority, re23 sources, and qualified personnel necessary to 

24 enforce the regulations, standards, and orders; 


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1 ‘‘(D) contains satisfactory assurances that 

2 the State will devote adequate resources to the 

3 administration of the plan and enforcement of 

4 the regulations, standards, and orders; 

5 ‘‘(E) provides a right of entry and inspec6 tion to carry out the plan; 

7 ‘‘(F) provides that all reports required 

8 under this section be available to the Secretary 

9 on request; 

10 ‘‘(G) provides that the lead State commer11 cial motor vehicle safety agency will adopt the 

12 reporting requirements and use the forms for 

13 recordkeeping, inspections, and investigations 

14 that the Secretary prescribes; 

15 ‘‘(H) requires all registrants of commercial 

16 motor vehicles to demonstrate knowledge of ap17 plicable safety regulations, standards, and or18 ders of the Federal Government and the State; 

19 ‘‘(I) provides that the State will grant 

20 maximum reciprocity for inspections conducted 

21 under the North American Inspection Stand22 ards through the use of a nationally accepted 

23 system that allows ready identification of pre24 viously inspected commercial motor vehicles; 


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1 ‘‘(J) ensures that activities described in 

2 subsection (h), if financed through grants to 

3 the State made under this section, will not di4 minish the effectiveness of the development and 

5 implementation of the programs to improve 

6 motor carrier, commercial motor vehicle, and 

7 driver safety as described in subsection (b); 

8 ‘‘(K) ensures that the lead State commer9 cial motor vehicle safety agency will coordinate 

10 the plan, data collection, and information sys11 tems with the State highway safety improve12 ment program required under section 148(c) of 

13 title 23; 

14 ‘‘(L) ensures participation in appropriate 

15 Federal Motor Carrier Safety Administration 

16 information technology and data systems and 

17 other information systems by all appropriate ju18 risdictions receiving Motor Carrier Safety As19 sistance Program funding; 

20 ‘‘(M) ensures that information is ex21 changed among the States in a timely manner; 

22 ‘‘(N) provides satisfactory assurances that 

23 the State will undertake efforts that will em24 phasize and improve enforcement of State and 


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1 local traffic safety laws and regulations related 

2 to commercial motor vehicle safety; 

3 ‘‘(O) provides satisfactory assurances in 

4 the plan that the State will address national 

5 priorities and performance goals, including— 

6 ‘‘(i) activities aimed at removing im7 paired commercial motor vehicle drivers 

8 from the highways of the United States 

9 through adequate enforcement of regula10 tions on the use of alcohol and controlled 

11 substances and by ensuring ready roadside 

12 access to alcohol detection and measuring 

13 equipment; 

14 ‘‘(ii) activities aimed at providing an 

15 appropriate level of training to State motor 

16 carrier safety assistance program officers 

17 and employees on recognizing drivers im18 paired by alcohol or controlled substances; 

19 and 

20 ‘‘(iii) when conducted with an appro21 priate commercial motor vehicle inspection, 

22 criminal interdiction activities, and appro23 priate strategies for carrying out those 

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1 tation of controlled substances (as defined 

2 under section 102 of the Comprehensive 

3 Drug Abuse Prevention and Control Act of 

4 1970 (21 U.S.C. 802) and listed in part 

5 1308 of title 21, Code of Federal Regula6 tions, as updated and republished from 

7 time to time) by any occupant of a com8 mercial motor vehicle; 

9 ‘‘(P) provides that the State has estab10 lished and dedicated sufficient resources to a 

11 program to ensure that— 

12 ‘‘(i) the State collects and reports to 

13 the Secretary accurate, complete, and 

14 timely motor carrier safety data; and 

15 ‘‘(ii) the State participates in a na16 tional motor carrier safety data correction 

17 system prescribed by the Secretary; 

18 ‘‘(Q) ensures that the State will cooperate 

19 in the enforcement of financial responsibility re20 quirements under sections 13906, 31138, and 

21 31139 of this title, and regulations issued 

22 under these sections; 

23 ‘‘(R) ensures consistent, effective, and rea24 sonable sanctions; 


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1 ‘‘(S) ensures that roadside inspections will 

2 be conducted at locations that are adequate to 

3 protect the safety of drivers and enforcement 

4 personnel; 

5 ‘‘(T) provides that the State will include in 

6 the training manuals for the licensing examina7 tion to drive both noncommercial motor vehicles 

8 and commercial motor vehicles information on 

9 best practices for driving safely in the vicinity 

10 of noncommercial and commercial motor vehi11 cles; 

12 ‘‘(U) provides that the State will enforce 

13 the registration requirements of sections 13902 

14 and 31134 of this title by prohibiting the oper15 ation of any vehicle discovered to be operated 

16 by a motor carrier without a registration issued 

17 under those sections or to be operated beyond 

18 the scope of the motor carrier’s registration; 

19 ‘‘(V) provides that the State will conduct 

20 comprehensive and highly visible traffic enforce21 ment and commercial motor vehicle safety in22 spection programs in high-risk locations and 

23 corridors; 

24 ‘‘(W) except in the case of an imminent 

25 hazard or obvious safety hazard, ensures that 


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1 an inspection of a vehicle transporting pas2 sengers for a motor carrier of passengers is 

3 conducted at a station, including a weight sta4 tion, terminal, border crossing, maintenance fa5 cility, destination, or other location where ade6 quate food, shelter, and sanitation facilities are 

7 available for passengers, and reasonable accom8 modations are available for passengers with dis9 abilities; 

10 ‘‘(X) ensures that the State will transmit 

11 to its roadside inspectors the notice of each 

12 Federal exemption granted under section 

13 31315(b) of this title and sections 390.23 and 

14 390.25 of title 49 of the Code of Federal Regu15 lations and provided to the State by the Sec16 retary, including the name of the person grant17 ed the exemption and any terms and conditions 

18 that apply to the exemption; 

19 ‘‘(Y) except as provided in subsection (d), 

20 provides that the State— 

21 ‘‘(i) will conduct safety audits of 

22 interstate and, at the State’s discretion, 

23 intrastate new entrant motor carriers 

24 under section 31144(g) of this title; and 


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1 ‘‘(ii) if the State authorizes a third 

2 party to conduct safety audits under sec3 tion 31144(g) on its behalf, the State 

4 verifies the quality of the work conducted 

5 and remains solely responsible for the 

6 management and oversight of the activi7 ties; 

8 ‘‘(Z) provides that the State agrees to fully 

9 participate in the performance and registration 

10 information system management under section 

11 31106(b) not later than October 1, 2020, by 

12 complying with the conditions for participation 

13 under paragraph (3) of that section; 

14 ‘‘(AA) provides that a State that shares a 

15 land border with another country— 

16 ‘‘(i) will conduct a border commercial 

17 motor vehicle safety program focusing on 

18 international commerce that includes en19 forcement and related projects; or 

20 ‘‘(ii) will forfeit all funds calculated by 

21 the Secretary based on border-related ac22 tivities if the State declines to conduct the 

23 program described in clause (i) in its plan; 

24 and 


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1 ‘‘(BB) provides that a State that meets the 

2 other requirements of this section and agrees to 

3 comply with the requirements established in 

4 subsection (l)(3) may fund deployment, oper5 ation, and maintenance costs associated with in6 novative technology deployment under sub7 section (l)(3) with Motor Carrier Safety Assist8 ance Program funds authorized under section 

9 31104(a)(1). 

10 ‘‘(3) PUBLICATION.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), the Secretary shall publish each ap13 proved State multiple-year plan, and each an14 nual update thereto, on the Department of 

15 Transportation’s public website not later than 

16 30 days after the date the Secretary approves 

17 the plan or update. 

18 ‘‘(B) LIMITATION.—Before posting an ap19 proved State multiple-year plan or annual up20 date under subparagraph (A), the Secretary 

21 shall redact any information identified by the 

22 State that, if disclosed— 

23 ‘‘(i) would reasonably be expected to 

24 interfere with enforcement proceedings; or 


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1 ‘‘(ii) would reveal enforcement tech2 niques or procedures that would reasonable 

3 by expected to risk circumvention of the 

4 law. 

5 ‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The re6 quirement that a State conduct safety audits of new en7 trant motor carriers under subsection (c)(2)(Y) does not 

8 apply to a territory of the United States unless required 

9 by the Secretary. 

10 ‘‘(e) INTRASTATE COMPATIBILITY.—The Secretary 

11 shall prescribe regulations specifying tolerance guidelines 

12 and standards for ensuring compatibility of intrastate 

13 commercial motor vehicle safety laws, including regula14 tions, with Federal motor carrier safety regulations to be 

15 enforced under subsections (b) and (c). To the extent 

16 practicable, the guidelines and standards shall allow for 

17 maximum flexibility while ensuring a degree of uniformity 

18 that will not diminish motor vehicle safety. 

19 ‘‘(f) MAINTENANCE OF EFFORT.— 

20 ‘‘(1) BASELINE.—Except as provided under 

21 paragraphs (2) and (3) and in accordance with sec22 tion 2608 of the Comprehensive Transportation and 

23 Consumer Protection Act of 2015, a State plan 

24 under subsection (c) shall provide that the total ex25 penditure of amounts of the lead State commercial 


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1 motor vehicle safety agency responsible for admin2 istering the plan will be maintained at a level each 

3 fiscal year at least equal to— 

4 ‘‘(A) the average level of that expenditure 

5 for fiscal years 2004 and 2005; or 

6 ‘‘(B) the level of that expenditure for the 

7 year in which the Secretary implements a new 

8 allocation formula under section 2608 of the 

9 Comprehensive Transportation and Consumer 

10 Protection Act of 2015. 

11 ‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR

12 2017.—At the request of a State, the Secretary may 

13 evaluate additional documentation related to the 

14 maintenance of effort and may make reasonable ad15 justments to the maintenance of effort baseline after 

16 fiscal year 2017, and this adjusted baseline will re17 place the maintenance of effort requirement under 

18 paragraph (1). 

19 ‘‘(3) WAIVERS.—At the request of a State, the 

20 Secretary may waive or modify the requirements of 

21 this subsection for 1 fiscal year if the Secretary de22 termines that a waiver or modification is reasonable, 

23 based on circumstances described by the State, to 

24 ensure the continuation of commercial motor vehicle 

25 enforcement activities in the State. 


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1 ‘‘(4) LEVEL OF STATE EXPENDITURES.—In es2 timating the average level of State expenditure 

3 under paragraph (1), the Secretary— 

4 ‘‘(A) may allow the State to exclude State 

5 expenditures for federally sponsored demonstra6 tion and pilot programs and strike forces; 

7 ‘‘(B) may allow the State to exclude ex8 penditures for activities related to border en9 forcement and new entrant safety audits; and 

10 ‘‘(C) shall require the State to exclude 

11 State matching amounts used to receive Federal 

12 financing under section 31104. 

13 ‘‘(g) USE OF UNIFIED CARRIER REGISTRATION FEES

14 AGREEMENT.—Amounts generated under section 14504a 

15 of this title and received by a State and used for motor 

16 carrier safety purposes may be included as part of the 

17 State’s match required under section 31104 of this title 

18 or maintenance of effort required by subsection (f). 

19 ‘‘(h) USE OF GRANTS TO ENFORCE OTHER LAWS.— 

20 When approved in the States’ plan under subsection (c), 

21 a State may use Motor Carrier Safety Assistance Program 

22 funds received under this section— 

23 ‘‘(1) if the activities are carried out in conjunc24 tion with an appropriate inspection of a commercial 


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1 motor vehicle to enforce Federal or State commercial 

2 motor vehicle safety regulations, for— 

3 ‘‘(A) enforcement of commercial motor ve4 hicle size and weight limitations at locations, 

5 excluding fixed weight facilities, such as near 

6 steep grades or mountainous terrains, where 

7 the weight of a commercial motor vehicle can 

8 significantly affect the safe operation of the ve9 hicle, or at ports where intermodal shipping 

10 containers enter and leave the United States; 

11 and 

12 ‘‘(B) detection of and enforcement actions 

13 taken as a result of criminal activity, including 

14 the trafficking of human beings, in a commer15 cial motor vehicle or by any occupant, including 

16 the operator, of the commercial motor vehicle; 

17 ‘‘(2) for documented enforcement of State traf18 fic laws and regulations designed to promote the 

19 safe operation of commercial motor vehicles, includ20 ing documented enforcement of such laws and regu21 lations relating to noncommercial motor vehicles 

22 when necessary to promote the safe operation of 

23 commercial motor vehicles, if— 

24 ‘‘(A) the number of motor carrier safety 

25 activities, including roadside safety inspections, 


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1 conducted in the State is maintained at a level 

2 at least equal to the average level of such activi3 ties conducted in the State in fiscal years 2004 

4 and 2005; and 

5 ‘‘(B) the State does not use more than 10 

6 percent of the basic amount the State receives 

7 under a grant awarded under section 

8 31104(a)(1) for enforcement activities relating 

9 to noncommercial motor vehicles necessary to 

10 promote the safe operation of commercial motor 

11 vehicles unless the Secretary determines that a 

12 higher percentage will result in significant in13 creases in commercial motor vehicle safety; and 

14 ‘‘(3) for the enforcement of household goods 

15 regulations on intrastate and interstate carriers if 

16 the State has adopted laws or regulations compatible 

17 with the Federal household goods regulations. 

18 ‘‘(i) EVALUATION OF PLANS AND AWARD OF

19 GRANTS.— 

20 ‘‘(1) AWARDS.—The Secretary shall establish 

21 criteria for the application, evaluation, and approval 

22 of State plans under this section. Subject to sub23 section (j), the Secretary may allocate the amounts 

24 made available under section 31104(a)(1) among the 

25 States. 


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1 ‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 

2 disapproves a plan under this section, the Secretary 

3 shall give the State a written explanation of the rea4 sons for disapproval and allow the State to modify 

5 and resubmit the plan for approval. 

6 ‘‘(j) ALLOCATION OF FUNDS.— 

7 ‘‘(1) IN GENERAL.—The Secretary, by regula8 tion, shall prescribe allocation criteria for funds 

9 made available under section 31104(a)(1). 

10 ‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of 

11 each fiscal year, or as soon as practicable thereafter, 

12 and after making a deduction under section 

13 31104(c), the Secretary shall allocate amounts made 

14 available in section 31104(a)(1) to carry out this 

15 section for the fiscal year among the States with 

16 plans approved under this section in accordance with 

17 the criteria under paragraph (1). 

18 ‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to the 

19 availability of funding and notwithstanding fluctua20 tions in the data elements used by the Secretary to 

21 calculate the annual allocation amounts, after the 

22 creation of a new allocation formula under section 

23 2608 of the Comprehensive Transportation and Con24 sumer Protection Act of 2015 the Secretary may not 

25 make elective adjustments to the allocation formula 


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1 that decrease a State’s Federal funding levels by 

2 more than 3 percent in a fiscal year. The 3-percent 

3 limit shall not apply to the withholding provisions of 

4 subsection (k). 

5 ‘‘(k) PLAN MONITORING.— 

6 ‘‘(1) IN GENERAL.—On the basis of reports 

7 submitted by the lead State agency responsible for 

8 administering an approved State plan and an inves9 tigation by the Secretary, the Secretary shall peri10 odically evaluate State implementation of and com11 pliance with the State plan. 

12 ‘‘(2) WITHHOLDING OF FUNDS.— 

13 ‘‘(A) DISAPPROVAL.—If, after notice and 

14 an opportunity to be heard, the Secretary finds 

15 that the State plan previously approved is not 

16 being followed or has become inadequate to en17 sure enforcement of the regulations, standards, 

18 or orders, or the State is otherwise not in com19 pliance with the requirements of this section, 

20 the Secretary may withdraw approval of the 

21 plan and notify the State. The plan is no longer 

22 in effect once the State receives notice, and the 

23 Secretary shall withhold all funding under this 

24 section. 


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1 ‘‘(B) NONCOMPLIANCE WITHHOLDING.—In 

2 lieu of withdrawing approval of the plan, the 

3 Secretary may, after providing notice and an 

4 opportunity to be heard, withhold funding from 

5 the State to which the State would otherwise be 

6 entitled under this section for the period of the 

7 State’s noncompliance. In exercising this op8 tion, the Secretary may withhold— 

9 ‘‘(i) up to 5 percent of funds during 

10 the fiscal year that the Secretary notifies 

11 the State of its noncompliance; 

12 ‘‘(ii) up to 10 percent of funds for the 

13 first full fiscal year of noncompliance; 

14 ‘‘(iii) up to 25 percent of funds for 

15 the second full fiscal year of noncompli16 ance; and 

17 ‘‘(iv) not more than 50 percent of 

18 funds for the third and any subsequent full 

19 fiscal year of noncompliance. 

20 ‘‘(3) JUDICIAL REVIEW.—A State adversely af21 fected by a determination under paragraph (2) may 

22 seek judicial review under chapter 7 of title 5. Not23 withstanding the disapproval of a State plan under 

24 paragraph (2)(A) or the withholding under para25 graph (2)(B), the State may retain jurisdiction in an 


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1 administrative or a judicial proceeding that com2 menced before the notice of disapproval or with3 holding if the issues involved are not related directly 

4 to the reasons for the disapproval or withholding. 

5 ‘‘(l) HIGH PRIORITY FINANCIAL ASSISTANCE PRO6 GRAM.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall admin8 ister a high priority financial assistance program 

9 funded under section 31104 for the purposes de10 scribed in paragraphs (2) and (3). 

11 ‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER

12 SAFETY.—The purpose of this paragraph is to make 

13 discretionary grants to and cooperative agreements 

14 with States, local governments, federally recognized 

15 Indian tribes, other political jurisdictions as nec16 essary, and any person to carry out high priority ac17 tivities and projects that augment motor carrier 

18 safety activities and projects planned in accordance 

19 with subsections (b) and (c), including activities and 

20 projects that— 

21 ‘‘(A) increase public awareness and edu22 cation on commercial motor vehicle safety; 

23 ‘‘(B) target unsafe driving of commercial 

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1 cles in areas identified as high risk crash cor2 ridors; 

3 ‘‘(C) support the enforcement of State 

4 household goods regulations on intrastate and 

5 interstate carriers if the State has adopted laws 

6 or regulations compatible with the Federal 

7 household good laws; 

8 ‘‘(D) improve the safe and secure move9 ment of hazardous materials; 

10 ‘‘(E) improve safe transportation of goods 

11 and persons in foreign commerce; 

12 ‘‘(F) demonstrate new technologies to im13 prove commercial motor vehicle safety; 

14 ‘‘(G) support participation in performance 

15 and registration information systems manage16 ment under section 31106(b)— 

17 ‘‘(i) for entities not responsible for 

18 submitting the plan under subsection (c); 

19 or 

20 ‘‘(ii) for entities responsible for sub21 mitting the plan under subsection (c)— 

22 ‘‘(I) before October 1, 2020, to 

23 achieve compliance with the require24 ments of participation; and 


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1 ‘‘(II) beginning on October 1, 

2 2020, or once compliance is achieved, 

3 whichever is sooner, for special initia4 tives or projects that exceed routine 

5 operations required for participation; 

6 ‘‘(H) conduct safety data improvement 

7 projects— 

8 ‘‘(i) that complete or exceed the re9 quirements under subsection (c)(2)(P) for 

10 entities not responsible for submitting the 

11 plan under subsection (c); or 

12 ‘‘(ii) that exceed the requirements 

13 under subsection (c)(2)(P) for entities re14 sponsible for submitting the plan under 

15 subsection (c); and 

16 ‘‘(I) otherwise improve commercial motor 

17 vehicle safety and compliance with commercial 

18 motor vehicle safety regulations. 

19 ‘‘(3) INNOVATIVE TECHNOLOGY DEPLOYMENT

20 GRANT PROGRAM.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 establish an innovative technology deployment 

23 grant program to make discretionary grants 

24 funded under section 31104(a)(2) to eligible 

25 States for the innovative technology deployment 


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1 of commercial motor vehicle information sys2 tems and networks. 

3 ‘‘(B) PURPOSES.—The purposes of the 

4 program shall be— 

5 ‘‘(i) to advance the technological capa6 bility and promote the deployment of intel7 ligent transportation system applications 

8 for commercial motor vehicle operations, 

9 including commercial motor vehicle, com10 mercial driver, and carrier-specific infor11 mation systems and networks; and 

12 ‘‘(ii) to support and maintain com13 mercial motor vehicle information systems 

14 and networks— 

15 ‘‘(I) to link Federal motor carrier 

16 safety information systems with State 

17 commercial motor vehicle systems; 

18 ‘‘(II) to improve the safety and 

19 productivity of commercial motor vehi20 cles and drivers; and 

21 ‘‘(III) to reduce costs associated 

22 with commercial motor vehicle oper23 ations and Federal and State commer24 cial vehicle regulatory requirements. 


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1 ‘‘(C) ELIGIBILITY.—To be eligible for a 

2 grant under this paragraph, a State shall— 

3 ‘‘(i) have a commercial motor vehicle 

4 information systems and networks program 

5 plan approved by the Secretary that de6 scribes the various systems and networks 

7 at the State level that need to be refined, 

8 revised, upgraded, or built to accomplish 

9 deployment of commercial motor vehicle in10 formation systems and networks capabili11 ties; 

12 ‘‘(ii) certify to the Secretary that its 

13 commercial motor vehicle information sys14 tems and networks deployment activities, 

15 including hardware procurement, software 

16 and system development, and infrastruc17 ture modifications— 

18 ‘‘(I) are consistent with the na19 tional intelligent transportation sys20 tems and commercial motor vehicle in21 formation systems and networks ar22 chitectures and available standards; 

23 and 


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1 ‘‘(II) promote interoperability 

2 and efficiency to the extent prac3 ticable; and 

4 ‘‘(iii) agree to execute interoperability 

5 tests developed by the Federal Motor Car6 rier Safety Administration to verify that 

7 its systems conform with the national intel8 ligent transportation systems architecture, 

9 applicable standards, and protocols for 

10 commercial motor vehicle information sys11 tems and networks. 

12 ‘‘(D) USE OF FUNDS.—Grant funds may 

13 be used— 

14 ‘‘(i) for deployment activities and ac15 tivities to develop new and innovative ad16 vanced technology solutions that support 

17 commercial motor vehicle information sys18 tems and networks; 

19 ‘‘(ii) for planning activities, including 

20 the development or updating of program or 

21 top level design plans in order to become 

22 eligible or maintain eligibility under sub23 paragraph (C); and 


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1 ‘‘(iii) for the deployment, operation, 

2 and maintenance costs associated with in3 novative technology. 

4 ‘‘(E) SECRETARY AUTHORIZATION.—The 

5 Secretary is authorized to award a State fund6 ing for the deployment, operation, and mainte7 nance costs associated with innovative tech8 nology deployment with funds made available 

9 under both sections 31104(a)(1) and 

10 31104(a)(2) of this title.’’. 

11 (b) COMMERCIAL MOTOR VEHICLE OPERATORS

12 GRANT PROGRAM.—Section 31103 is amended to read as 

13 follows: 

14 ‘‘§ 31103. Commercial Motor Vehicle Operators Grant 

15 Program 

16 ‘‘(a) IN GENERAL.—The Secretary shall administer 

17 a commercial motor vehicle operators grant program fund18 ed under section 31104. 

19 ‘‘(b) PURPOSE.—The purpose of the grant program 

20 is to train individuals in the safe operation of commercial 

21 motor vehicles (as defined in section 31301).’’. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 31104 is amended to read as follows: 


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1 ‘‘§ 31104. Authorization of appropriations 

2 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol3 lowing sums are authorized to be appropriated from the 

4 Highway Trust Fund for the following Federal Motor Car5 rier Safety Administration Financial Assistance Pro6 grams: 

7 ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO8 GRAM.—Subject to paragraph (2) of this subsection 

9 and subsection (c) of this section, to carry out sec10 tion 31102— 

11 ‘‘(A) $250,389,000 for fiscal year 2017; 

12 ‘‘(B) $255,648,000 for fiscal year 2018; 

13 ‘‘(C) $261,016,000 for fiscal year 2019; 

14 ‘‘(D) $266,497,000 for fiscal year 2020; 

15 and 

16 ‘‘(E) $272,094,000 for fiscal year 2021. 

17 ‘‘(2) HIGH PRIORITY ACTIVITIES FINANCIAL AS18 SISTANCE PROGRAM.—Subject to subsection (c), to 

19 make grants and cooperative agreements under sec20 tion 31102(l) of this title, the Secretary may set 

21 aside from amounts made available under paragraph 

22 (1) of this subsection up to— 

23 ‘‘(A) $42,323,000 for fiscal year 2017; 

24 ‘‘(B) $43,212,000 for fiscal year 2018; 

25 ‘‘(C) $44,119,000 for fiscal year 2019; 


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1 ‘‘(D) $45,046,000 for fiscal year 2020; 

2 and 

3 ‘‘(E) $45,992,000 for fiscal year 2021. 

4 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

5 GRANT PROGRAM.—To carry out section 31103— 

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

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

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

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

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

11 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

12 IMPLEMENTATION FINANCIAL ASSISTANCE PRO13 GRAM.—Subject to subsection (c), to carry out sec14 tion 31313— 

15 ‘‘(A) $31,273,000 for fiscal year 2017; 

16 ‘‘(B) $31,930,000 for fiscal year 2018; 

17 ‘‘(C) $32,600,000 for fiscal year 2019; 

18 ‘‘(D) $33,285,000 for fiscal year 2020; 

19 and 

20 ‘‘(E) $33,984,000 for fiscal year 2021. 

21 ‘‘(b) REIMBURSEMENT AND PAYMENT TO RECIPI22 ENTS FOR GOVERNMENT SHARE OF COSTS.— 

23 ‘‘(1) IN GENERAL.—Amounts made available 

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1 nancial assistance recipients proportionally for the 

2 Federal Government’s share of the costs incurred. 

3 ‘‘(2) REIMBURSEMENT AMOUNTS.—The Sec4 retary shall reimburse a recipient, in accordance 

5 with a financial assistance agreement made under 

6 section 31102, 31103, or 31313, an amount that is 

7 at least 85 percent of the costs incurred by the re8 cipient in a fiscal year in developing and imple9 menting programs under these sections. The Sec10 retary shall pay the recipient an amount not more 

11 than the Federal Government share of the total 

12 costs approved by the Federal Government in the fi13 nancial assistance agreement. The Secretary shall 

14 include a recipient’s in-kind contributions in deter15 mining the reimbursement. 

16 ‘‘(3) VOUCHERS.—Each recipient shall submit 

17 vouchers at least quarterly for costs the recipient in18 curs in developing and implementing programs 

19 under section 31102, 31103, or 31313. 

20 ‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND

21 PROGRAM SUPPORT.—On October 1 of each fiscal year, 

22 or as soon after that date as practicable, the Secretary 

23 may deduct from amounts made available under para24 graphs (1), (2), and (4) of subsection (a) for that fiscal 

25 year not more than 1.50 percent of those amounts for 


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1 partner training and program support in that fiscal year. 

2 The Secretary shall use at least 75 percent of those de3 ducted amounts to train non-Federal Government employ4 ees and to develop related training materials in carrying 

5 out these programs. 

6 ‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS AS

7 CONTRACTUAL OBLIGATIONS.—The approval of a finan8 cial assistance agreement by the Secretary under section 

9 31102, 31103, or 31313 is a contractual obligation of the 

10 Federal Government for payment of the Federal Govern11 ment’s share of costs in carrying out the provisions of the 

12 grant or cooperative agreement. 

13 ‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary shall es14 tablish criteria for eligible activities to be funded with fi15 nancial assistance agreements under this section and pub16 lish those criteria in a notice of funding availability before 

17 the financial assistance program application period. 

18 ‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL AS19 SISTANCE AGREEMENT FUNDS FOR RECIPIENT EXPENDI20 TURES.— 

21 ‘‘(1) IN GENERAL.—The period of availability 

22 for a recipient to expend a grant or cooperative 

23 agreement authorized under subsection (a) is as fol24 lows: 


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1 ‘‘(A) For grants made for carrying out sec2 tion 31102, other than section 31102(l), for the 

3 fiscal year in which it is obligated and for the 

4 next fiscal year. 

5 ‘‘(B) For grants or cooperative agreements 

6 made for carrying out section 31102(l)(2), for 

7 the fiscal year in which it is obligated and for 

8 the next 2 fiscal years. 

9 ‘‘(C) For grants made for carrying out sec10 tion 31102(l)(3), for the fiscal year in which it 

11 is obligated and for the next 4 fiscal years. 

12 ‘‘(D) For grants made for carrying out 

13 section 31103, for the fiscal year in which it is 

14 obligated and for the next fiscal year. 

15 ‘‘(E) For grants or cooperative agreements 

16 made for carrying out 31313, for the fiscal year 

17 in which it is obligated and for the next 4 fiscal 

18 years. 

19 ‘‘(2) REOBLIGATION.—Amounts not expended 

20 by a recipient during the period of availability shall 

21 be released back to the Secretary for reobligation for 

22 any purpose under sections 31102, 31103, 31104, 

23 and 31313 in accordance with subsection (i) of this 

24 section. 


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1 ‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF

2 AVAILABILITY.—Amounts authorized from the Highway 

3 Trust Fund by this section shall be available for obligation 

4 on the date of their apportionment or allocation or on Oc5 tober 1 of the fiscal year for which they are authorized, 

6 whichever occurs first. 

7 ‘‘(h) AVAILABILITY OF FUNDING.—Amounts made 

8 available under this section shall remain available until ex9 pended. 

10 ‘‘(i) TRANSFER OF OBLIGATION AUTHORITY.— 

11 ‘‘(1) IN GENERAL.—Of the contract authority 

12 authorized in this section, the Secretary shall have 

13 authority to transfer available unobligated contract 

14 authority and associated liquidating cash within or 

15 between Federal financial assistance programs au16 thorized under this section and make new Federal fi17 nancial assistance awards under this section. 

18 ‘‘(2) COST ESTIMATES.—Of the funds trans19 ferred, the contract authority and associated liqui20 dating cash or obligations and expenditures stem21 ming from Federal financial assistance awards made 

22 with this contract authority shall not be scored as 

23 new obligations by the Congressional Budget Office 

24 or by the Secretary. 


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1 ‘‘(3) NO LIMITATION ON TOTAL OF OBLIGA2 TIONS.—Notwithstanding any other provision of law, 

3 no limitation on the total of obligations for Federal 

4 financial assistance programs carried out by the 

5 Federal Motor Carrier Safety Administration under 

6 this section shall apply to unobligated funds trans7 ferred under this subsection.’’. 

8 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) SAFETY FITNESS OF OWNERS AND OPER10 ATOR; SAFETY REVIEWS OF NEW OPERATORS.—Sec11 tion 31144(g) is amended by striking paragraph (5). 

12 (2) INFORMATION SYSTEMS; PERFORMANCE

13 AND REGISTRATION INFORMATION PROGRAM.—Sec14 tion 31106(b) is amended by striking paragraph (4). 

15 (3) BORDER ENFORCEMENT GRANTS.—Section 

16 31107 is repealed. 

17 (4) PERFORMANCE AND REGISTRATION INFOR18 MATION SYSTEM MANAGEMENT.—Section 31109 is 

19 repealed. 

20 (5) TABLE OF CONTENTS.—The table of con21 tents of chapter 311 is amended— 

22 (A) by striking the items relating to 31107 

23 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 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS 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 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS 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— 

24 (A) the feasibility of searching multiple ve25 hicle identification numbers at a time to reVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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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 

24 (B) submit to the Committee on Com25 merce, Science, and Transportation of the SenVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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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.— 

25 Except as provided in subsection (f), amounts deposVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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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 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS 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 

24 owned, controlled, or managed by Amtrak for tele25 communications systems, energy distribution sysVerDate Sep 11 2014 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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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 

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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 21:35 May 23, 2016 Jkt 059200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS 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 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS 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 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS 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 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS 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 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS 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 

24 contractors), shall develop an implementing memo25 randum of understanding that establishes agreedVerDate Sep 11 2014 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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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 

25 through an implementing memorandum of underVerDate Sep 11 2014 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS S1732

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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 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS 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 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS 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 

24 to the DOT–117R specification, or equivalent, or building 

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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 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6401 E:\BILLS\S1732.RS 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. 

10 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF11 ERENCES. 

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

13 ‘‘Comprehensive Transportation and Consumer Protection 

14 Act of 2015.’’ 

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

16 Act is as follows: 

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

Sec. 2. Definition of Secretary. 

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 decision-making in environmental reviews. 

Sec. 1104. Environmental review alignment and reform. 

Sec. 1105. Multimodal categorical exclusions. 

Sec. 1106. Improving transparency in environmental reviews. 

Sec. 1107. Safety of the surface transportation network for motorized and nonmotorized users. 

Sec. 1108. Local transportation infrastructure program. 

Subtitle B—Freight 

Sec. 1201. Establishment of freight chapter. 

Sec. 1202. National multimodal freight policy. 


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Sec. 1203. National multimodal freight network. 

Sec. 1204. National Freight Strategic Plan. 

Sec. 1205. State freight plans. 

Sec. 1206. Freight transportation conditions and performance reports. 

Sec. 1207. Repeals. 

Sec. 1208. 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

Sec. 2101. Definitions. 

Sec. 2102. National hiring standards for motor carriers. 

Sec. 2103. Applicability. 

Subtitle B—Transparency and Accountability 

Sec. 2201. Rulemaking requirements. 

Sec. 2202. Petitions for regulatory relief. 

Sec. 2203. Inspector standards. 

Sec. 2204. Technology improvements. 

Subtitle C—Trucking Rules Updated by Comprehensive and Key Safety Reform 

Sec. 2301. Update on statutory requirements. 

Sec. 2302. Statutory rulemaking. 

Sec. 2303. Guidance reform. 


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Sec. 2304. Petitions. 

Sec. 2305. Regulatory reform. 

Subtitle D—State Authorities 

Sec. 2401. Emergency route working group. 

Sec. 2402. Additional State authority. 

Sec. 2403. Commercial driver access. 

Subtitle E—Motor Carrier Safety Grant Consolidation 

Sec. 2501. Definitions. 

Sec. 2502. Grants to States. 

Sec. 2503. New entrant safety review program study. 

Sec. 2504. Performance and registration information systems management. 

Sec. 2505. Authorization of appropriations. 

Sec. 2506. Commercial driver’s license program implementation. 

Sec. 2507. Extension of Federal motor carrier safety programs for fiscal year 

2016. 

Sec. 2508. Motor carrier safety assistance program allocation. 

Sec. 2509. Maintenance of effort calculation. 

Subtitle F—Miscellaneous Provisions 

Sec. 2601. Windshield technology. 

Sec. 2602. Electronic logging devices requirements. 

Sec. 2603. Lapse of required financial security; suspension of registration. 

Sec. 2604. Access to National Driver Register. 

Sec. 2605. Study on commercial motor vehicle driver commuting. 

Sec. 2606. Household goods consumer protection working group. 

Sec. 2607. Interstate van operations. 

Sec. 2608. Report on design and implementation of wireless roadside inspection 

systems. 

Sec. 2609. Motorcoach hours of service study. 

Sec. 2610. GAO Review of school bus safety. 

Sec. 2611. Use of hair testing for preemployment and random controlled substances tests. 

TITLE III—HAZARDOUS MATERIALS 

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. Flexible services. 

Sec. 3107. 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. Repeat offender criteria. 


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Sec. 4105. Study on the national roadside survey of alcohol and drug use by drivers. 

Sec. 4106. Increasing public awareness of the dangers of drug-impaired driving. 

Sec. 4107. Improvement of data collection on child occupants in vehicle crashes. 

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. 

Sec. 4134. Minimum requirements for State graduated driver licensing incentive 

grant program. 

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. Increase in civil penalties for violations of motor vehicle safety. 

Sec. 4212. Electronic odometer disclosures. 

Sec. 4213. Corporate responsibility for NHTSA reports. 

Sec. 4214. Direct vehicle notification of recalls. 

Sec. 4215. Unattended children warning. 

Sec. 4216. Tire pressure monitoring system. 

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. 

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. 


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PART II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015 

Sec. 4421. Short title. 

Sec. 4422. Passenger motor vehicle information. 

PART III—TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015 

Sec. 4431. Short title. 

Sec. 4432. Tire fuel efficiency minimum performance standards. 

Sec. 4433. Tire registration by independent sellers. 

Sec. 4434. Tire recall database. 

TITLE V—RAILROAD REFORM, ENHANCEMENT, AND EFFICIENCY 

Sec. 5001. Short title. 

Sec. 5002. 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. 

Sec. 5214. Amtrak boarding procedures. 

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. 


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Sec. 5312. Performance-based proposals. 

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. 

Sec. 5416. GAO study on use of locomotive horns at highway-rail grade crossings. 

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. 

Sec. 5439. Report on crude oil characteristics research study. 

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. 


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Sec. 5507. Savings clause. 

Sec. 5508. Transition. 

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 section 

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

7 SEC. 2. DEFINITION OF SECRETARY. 

8 In this Act, except as otherwise expressly provided, the 

9 term ‘‘Secretary’’ means the Secretary of Transportation. 

10 TITLE I—OFFICE OF THE 

11 SECRETARY 

12 Subtitle A—Accelerating Project 

13 Delivery 

14 SEC. 1101. DELEGATION OF AUTHORITY. 

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

16 at the end the following: 


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1 ‘‘§ 116. Administrations; acting officers 

2 ‘‘No person designated to serve as the acting head of 

3 an administration in the department of transportation 

4 under section 3345 of title 5 may continue to perform the 

5 functions and duties of the office if the time limitations in 

6 section 3346 of that title would prevent the person from con7 tinuing to serve in a formal acting capacity.’’. 

8 (b) CONFORMING AMENDMENT.—The table of contents 

9 for chapter 1 is amended by inserting after the item relating 

10 to section 115 the following: 

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

11 (c) APPLICATION.—The amendment under subsection 

12 (a) shall apply to any applicable office with a position des13 ignated for a Senate confirmed official. 

14 SEC. 1102. INFRASTRUCTURE PERMITTING IMPROVEMENT 

15 CENTER. 

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

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

18 amended by adding after section 311 the following: 

19 ‘‘§ 312. Interagency Infrastructure Permitting Im20 provement Center 

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

22 of the Secretary an Interagency Infrastructure Permitting 

23 Improvement Center (referred to in this section as the ‘Cen24 ter’). 

25 ‘‘(b) ROLES AND RESPONSIBILITIES.— 


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

2 the chair of the Steering Committee described in 

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

4 member agencies are represented. 

5 ‘‘(2) INFRASTRUCTURE PERMITTING STEERING

6 COMMITTEE.—An Infrastructure Permitting Steering 

7 Committee (referred to in this section as the ‘Steering 

8 Committee’) is established to oversee the work of the 

9 Center. The Steering Committee shall be chaired by 

10 the Federal Chief Performance Officer in consultation 

11 with the Chair of the Council on Environmental 

12 Quality and shall be comprised of Deputy-level rep13 resentatives from the following departments and agen14 cies: 

15 ‘‘(A) The Department of Defense. 

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

17 ‘‘(C) The Department of Agriculture. 

18 ‘‘(D) The Department of Commerce. 

19 ‘‘(E) The Department of Transportation. 

20 ‘‘(F) The Department of Energy. 

21 ‘‘(G) The Department of Homeland Secu22 rity. 

23 ‘‘(H) The Environmental Protection Agen24 cy. 


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1 ‘‘(I) The Advisory Council on Historic Pres2 ervation. 

3 ‘‘(J) The Department of the Army. 

4 ‘‘(K) The Department of Housing and 

5 Urban Development. 

6 ‘‘(L) Other agencies the Chair of the Steer7 ing Committee invites to participate. 

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

9 Chair of the Steering Committee and undertake the 

10 following: 

11 ‘‘(A) Coordinate and support implementa12 tion of priority reform actions for Federal agen13 cy permitting and reviews for areas as defined 

14 and identified by the Steering Committee. 

15 ‘‘(B) Support modernization efforts at Fed16 eral agencies and interagency pilots for innova17 tive approaches to the permitting and review of 

18 infrastructure projects. 

19 ‘‘(C) Provide technical assistance and train20 ing to field and headquarters staff of Federal 

21 agencies on policy changes, innovative ap22 proaches to project delivery, and other topics as 

23 appropriate. 


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

2 for timeliness of permit reviews, permit deci3 sions, and project outcomes. 

4 ‘‘(E) Administer and expand the use of on5 line transparency tools providing for— 

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

7 ‘‘(ii) development and posting of sched8 ules for permit reviews and permit deci9 sions; and 

10 ‘‘(iii) sharing of best practices related 

11 to efficient project permitting and reviews. 

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

13 progress toward achieving greater efficiency in 

14 permitting decisions and review of infrastructure 

15 projects and progress toward achieving better 

16 outcomes for communities and the environment. 

17 ‘‘(G) Meet not less frequently than annually 

18 with groups or individuals representing State, 

19 Tribal, and local governments that are engaged 

20 in the infrastructure permitting process. 

21 ‘‘(4) INFRASTRUCTURE SECTORS COVERED.—The 

22 Center shall support process improvements in the per23 mitting and review of infrastructure projects in the 

24 following sectors: 

25 ‘‘(A) Surface transportation. 


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1 ‘‘(B) Aviation. 

2 ‘‘(C) Ports and waterways. 

3 ‘‘(D) Water resource projects. 

4 ‘‘(E) Renewable energy generation. 

5 ‘‘(F) Electricity transmission. 

6 ‘‘(G) Broadband. 

7 ‘‘(H) Pipelines. 

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

9 Steering Committee. 

10 ‘‘(c) PERFORMANCE MEASURES.— 

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

12 the date of enactment of the Comprehensive Transpor13 tation and Consumer Protection Act of 2015, the Sec14 retary, in coordination with the heads of other Fed15 eral agencies on the Steering Committee with respon16 sibility for the review and approval of infrastructure 

17 projects sectors described in subsection (b)(4), shall 

18 evaluate and report on— 

19 ‘‘(A) the progress made toward aligning 

20 Federal reviews of such projects and the improve21 ment of project delivery associated with those 

22 projects; and 

23 ‘‘(B) the effectiveness of the Center in 

24 achieving reduction of permitting time and 

25 project delivery time. 


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1 ‘‘(2) PERFORMANCE TARGETS.—Not later than 

2 180 days after the date on which the Secretary of 

3 Transportation establishes performance measures in 

4 accordance with paragraph (1), the Secretary shall es5 tablish performance targets relating to each of the 

6 measures and standards described in subparagraphs 

7 (A) and (B) of paragraph (1). 

8 ‘‘(3) REPORT TO CONGRESS.—Not later than 2 

9 years after the date of enactment of the Comprehen10 sive Transportation and Consumer Protection Act of 

11 2015 and biennially thereafter, the Secretary shall 

12 submit a report to the Committee on Commerce, 

13 Science, and Transportation of the Senate and the 

14 Committee on Transportation and Infrastructure of 

15 the House of Representatives that describes— 

16 ‘‘(A) the results of the evaluation conducted 

17 under paragraph (1); and 

18 ‘‘(B) the progress towards achieving the tar19 gets established under paragraph (2). 

20 ‘‘(4) INSPECTOR GENERAL REPORT.—Not later 

21 than 3 years after the date of enactment of the Com22 prehensive Transportation and Consumer Protection 

23 Act of 2015, the Inspector General of the Department 

24 of Transportation shall submit a report to the Com25 mittee on Commerce, Science, and Transportation of 


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1 the Senate and the Committee on Transportation and 

2 Infrastructure of the House of Representatives that 

3 describes— 

4 ‘‘(A) the results of the evaluation conducted 

5 under paragraph (1); and 

6 ‘‘(B) the progress towards achieving the tar7 gets established under paragraph (2).’’. 

8 (b) CONFORMING AMENDMENT.—The table of contents 

9 of chapter 3, as amended by sections 1104 and 1106 of this 

10 Act, is further amended by inserting after the item relating 

11 to section 311 the following: 

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

12 SEC. 1103. ACCELERATED DECISION-MAKING IN ENVIRON13 MENTAL REVIEWS. 

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

15 amended by inserting after section 304 the following: 

16 ‘‘§ 304a. Accelerated decision-making in environ17 mental reviews 

18 ‘‘(a) IN GENERAL.—In preparing a final environ19 mental impact statement under the National Environ20 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the 

21 Department of Transportation, when acting as lead agency, 

22 modifies the statement in response to comments that are 

23 minor and are confined to factual corrections or expla24 nations of why the comments do not warrant additional 

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1 rata sheets attached to the statement instead of rewriting 

2 the draft statement, subject to the condition that the errata 

3 sheets— 

4 ‘‘(1) cite the sources, authorities, or reasons that 

5 support the position of the Department; and 

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

7 that would trigger Departmental reappraisal or fur8 ther response. 

9 ‘‘(b) INCORPORATION.—To the maximum extent prac10 ticable, the Department shall expeditiously develop a single 

11 document that consists of a final environmental impact 

12 statement and a record of decision, unless— 

13 ‘‘(1) the final environmental impact statement 

14 makes substantial changes to the proposed action that 

15 are relevant to environmental or safety concerns; or 

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

17 information relevant to environmental concerns and 

18 that bear on the proposed action or the impacts of the 

19 proposed action.’’. 

20 (b) CONFORMING AMENDMENT.—The table of contents 

21 of chapter 3 is amended by inserting after the item relating 

22 to section 304 the following: 

‘‘304a. Accelerated decision-making in environmental reviews.’’. 


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1 SEC. 1104. ENVIRONMENTAL REVIEW ALIGNMENT AND RE2 FORM. 

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

4 amended by inserting after section 309 the following: 

5 ‘‘§ 310. Aligning Federal environmental reviews 

6 ‘‘(a) COORDINATED AND CONCURRENT ENVIRON7 MENTAL REVIEWS.—Not later than 1 year after the date 

8 of enactment of the Comprehensive Transportation and 

9 Consumer Protection Act of 2015, the Department of Trans10 portation, in coordination with the Steering Committee de11 scribed in section 312 of this title, shall develop a coordi12 nated and concurrent environmental review and permitting 

13 process for transportation projects when initiating an envi14 ronmental impact statement under the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (referred 

16 to in this section as ‘NEPA’). The coordinated and concur17 rent environmental review and permitting process shall— 

18 ‘‘(1) ensure that the Department of Transpor19 tation and Federal agencies of jurisdiction possess 

20 sufficient information early in the review process to 

21 determine a statement of a transportation project’s 

22 purpose and need and range of alternatives for anal23 ysis that the lead agency and agencies of jurisdiction 

24 will rely upon for concurrent environmental reviews 

25 and permitting decisions required for the proposed 

26 project; 


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1 ‘‘(2) achieve early concurrence or issue resolution 

2 during the NEPA scoping process on the Department 

3 of Transportation’s statement of a project’s purpose 

4 and need and during development of the environ5 mental impact statement on the range of alternatives 

6 for analysis that the lead agency and agencies of ju7 risdiction will rely upon for concurrent environ8 mental reviews and permitting decisions required for 

9 the proposed project absent circumstances that require 

10 reconsideration in order to meet an agency of juris11 diction’s legal obligations; and 

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

13 an expedited manner if circumstances arise that re14 quire a reconsideration of the purpose and need or 

15 range of alternatives considered during any Federal 

16 agency’s environmental or permitting review in order 

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

18 ‘‘(b) ENVIRONMENTAL CHECKLIST.—The Secretary of 

19 Transportation and Federal agencies of jurisdiction likely 

20 to have substantive review or approval responsibilities on 

21 transportation projects, not later than 90 days after the 

22 date of enactment of the Comprehensive Transportation and 

23 Consumer Protection Act of 2015, shall jointly develop a 

24 checklist to help project sponsors identify potential natural, 


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1 cultural, and historic resources in the area of a proposed 

2 project. The purpose of the checklist is— 

3 ‘‘(1) to identify agencies of jurisdiction and co4 operating agencies, 

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

6 purpose and need and alternatives for analysis; and 

7 ‘‘(3) to improve interagency collaboration to help 

8 expedite the permitting process for the lead agency 

9 and Federal agencies of jurisdiction. 

10 ‘‘(c) INTERAGENCY COLLABORATION.—Consistent with 

11 Federal environmental statutes and the priority reform ac12 tions for Federal agency permitting and reviews defined 

13 and identified by the Steering Committee established under 

14 section 312, the Secretary shall facilitate annual inter15 agency collaboration sessions at the appropriate jurisdic16 tional level to coordinate business plans and facilitate co17 ordination of workload planning and workforce manage18 ment. This engagement shall ensure agency staff is fully en19 gaged and utilizing the flexibility of existing regulations, 

20 policies, and guidance and identifying additional actions 

21 to facilitate high quality, efficient, and targeted environ22 mental reviews and permitting decisions. The sessions and 

23 the interagency collaborations they generate shall focus on 

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1 ity and how to consult and coordinate with relevant stake2 holders and Federal, tribal, State, and local representatives 

3 early in permitting processes. 

4 ‘‘(d) PERFORMANCE MEASUREMENT.—Not later than 

5 1 year after the date of enactment of the Comprehensive 

6 Transportation and Consumer Protection Act of 2015, the 

7 Secretary of Transportation, in coordination with the 

8 Steering Committee established under section 312 of this 

9 title, shall establish a program to measure and report on 

10 progress towards aligning Federal reviews as outlined in 

11 this section.’’. 

12 (b) CONFORMING AMENDMENT.—The table of contents 

13 of subchapter I of chapter 3 is amended by inserting after 

14 the item relating to section 309 the following: 

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

15 SEC. 1105. MULTIMODAL CATEGORICAL EXCLUSIONS. 

16 Section 304 is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1)— 

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

20 and inserting ‘‘operating administration or 

21 secretarial office’’; 

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

23 before ‘‘is not the lead’’; and 

24 (iii) by inserting ‘‘proposed 

25 multimodal’’ before ‘‘project’’; 


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

2 follows: 

3 ‘‘(2) LEAD AUTHORITY.—The term ‘lead author4 ity’ means a Department of Transportation operating 

5 administration or secretarial office that has the lead 

6 responsibility for a proposed multimodal project.’’; 

7 and 

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

9 meaning given the term in section 139(a) of title 

10 23’’ and inserting ‘‘means an action by the De11 partment of Transportation that involves exper12 tise of 1 or more Department of Transportation 

13 operating administrations or secretarial offices’’; 

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

15 title’’ and inserting ‘‘by the Secretary of Transpor16 tation’’; 

17 (3) in subsection (c)— 

18 (A) in the matter preceding paragraph 

19 (1)— 

20 (i) by striking ‘‘a categorical exclusion 

21 designated under the implementing regula22 tions or’’ and inserting ‘‘categorical exclu23 sions designated under the National Envi24 ronmental Policy Act of 1969 (42 U.S.C. 

25 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) to 

5 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 co10 operating authority categorical exclusion; 

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

12 the lead authority’s preliminary determination of its 

13 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 covered’’; 

20 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 and 

5 Consumer Protection Act of 2015, the Secretary of Trans6 portation shall establish an online platform and, in coordi7 nation with Federal agencies described in subsection (b), 

8 issue reporting standards to make publicly available the 

9 status and progress with respect to compliance with appli10 cable requirements under the National Environmental Pol11 icy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Fed12 eral approval required under applicable laws for projects 

13 and activities requiring an environmental assessment or an 

14 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 online 

19 platform, consistent with the standards established under 

20 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 contents 

2 of subchapter I of chapter 3, as amended by section 1104 

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

4 relating to section 310, the following: 

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

5 SEC. 1107. SAFETY OF THE SURFACE TRANSPORTATION 

6 NETWORK FOR MOTORIZED AND NON7 MOTORIZED USERS. 

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

9 amended by sections 1102, 1103, 1104, and 1106 of this 

10 Act, is further amended by adding at the end the following: 

11 ‘‘§ 313. Safety of the surface transportation network 

12 for motorized and nonmotorized users 

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

14 date of enactment of this section and subject to subsection 

15 (b), the Secretary of Transportation shall establish stand16 ards to ensure that the design of Federal surface transpor17 tation projects provides for the safe and adequate accommo18 dation, as determined by the State or other direct recipient 

19 of funds, in all phases of project planning, development, and 

20 operation, of all users of the transportation network, includ21 ing motorized and nonmotorized users. 

22 ‘‘(b) WAIVER FOR STATE LAW OR POLICY.—The Sec23 retary may waive the application of standards established 

24 under subsection (a) to a State that has adopted a law or 

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1 tion, as determined by the State or other direct recipient 

2 of funds, in all phases of project planning and development, 

3 of users of the transportation network on Federally funded 

4 surface transportation projects. 

5 ‘‘(c) COMPLIANCE.— 

6 ‘‘(1) IN GENERAL.—Each State department of 

7 transportation shall submit to the Secretary, at such 

8 time, in such manner, and containing such informa9 tion as the Secretary shall require, a report describing 

10 the implementation by the State of measures to 

11 achieve compliance with this section. 

12 ‘‘(2) DETERMINATION BY SECRETARY.—Upon re13 ceipt of a report under paragraph (1), the Secretary 

14 shall determine whether the State has achieved com15 pliance with this section.’’. 

16 (b) CONFORMING AMENDMENT.—The table of sections 

17 of chapter 3, as amended by sections 1102, 1103, 1104, and 

18 1106 of this Act, is further amended by inserting after the 

19 item relating to section 312 the following: 

‘‘313. Safety of the surface transportation network for motorized and nonmotorized users.’’. 

20 SEC. 1108. LOCAL TRANSPORTATION INFRASTRUCTURE 

21 PROGRAM. 

22 Section 610 of title 23, United States Code, is amend23 ed— 

24 (1) in subsection (d)— 


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1 (A) in paragraph (1), by striking subpara2 graph (A) and inserting the following: 

3 ‘‘(A) 10 percent of the funds apportioned to 

4 the State for each of fiscal years 2016 through 

5 2021 under each of sections 104(b)(1), 104(b)(2), 

6 and 144; and’’; 

7 (B) in paragraph (2), by striking ‘‘2005 

8 through 2009’’ and inserting ‘‘2016 through 

9 2021’’; 

10 (C) in paragraph (3), by striking ‘‘2005 

11 through 2009’’ and inserting ‘‘2016 through 

12 2021’’; and 

13 (D) in paragraph (5), by striking ‘‘section 

14 133(d)(3)’’ and inserting ‘‘section 133(d)(4)’’; 

15 and 

16 (2) in subsection (k), by striking ‘‘2005 through 

17 2009’’ and inserting ‘‘2016 through 2021’’. 

18 Subtitle B—Freight 

19 SEC. 1201. ESTABLISHMENT OF FREIGHT CHAPTER. 

20 (a) FREIGHT.—Subtitle III is amended by inserting 

21 after chapter 53 the following: 

22 ‘‘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. Reports. 


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1 ‘‘§ 5401. Definitions 

2 ‘‘In this chapter: 

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

4 ‘economic competitiveness’ means the ability of the 

5 economy to efficiently move freight and people, 

6 produce goods, and deliver services, including— 

7 ‘‘(A) reductions in the travel time of freight; 

8 ‘‘(B) reductions in the congestion caused by 

9 the movement of freight; 

10 ‘‘(C) improvements to freight travel time re11 liability; and 

12 ‘‘(D) reductions in freight transportation 

13 costs due to congestion and insufficient infra14 structure. 

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

16 commercial transportation of cargo, including agri17 cultural, manufactured, retail, or other goods by ves18 sel, vehicle, pipeline, or rail. 

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

20 term ‘freight transportation modes’ means— 

21 ‘‘(A) the infrastructure supporting any 

22 mode of transportation that moves freight, in23 cluding highways, ports, waterways, rail facili24 ties, and pipelines; and 

25 ‘‘(B) any vehicles or equipment trans26 porting goods on such infrastructure. 


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1 ‘‘(4) INTELLIGENT FREIGHT TRANSPORTATION

2 SYSTEM.—The term ‘intelligent freight transportation 

3 system’ means— 

4 ‘‘(A) an innovative or intelligent techno5 logical transportation system, infrastructure, or 

6 facilities, including electronic roads, driverless 

7 trucks, elevated freight transportation facilities, 

8 automated port technologies, autonomous vehicle 

9 technology, and other similar freight transpor10 tation systems; and 

11 ‘‘(B) communications or information proc12 essing systems used singly or in combination for 

13 intelligent freight lanes and conveyances that 

14 improve the efficiency, security, or safety of the 

15 freight system or that operate to convey freight 

16 or improve existing freight movements. 

17 ‘‘(5) NATIONAL MULTIMODAL FREIGHT NET18 WORK.—The term ‘national multimodal freight net19 work’ means the network established under section 

20 5403. 

21 ‘‘(6) NATIONAL MULTIMODAL FREIGHT STRA22 TEGIC PLAN.—The term ‘national multimodal freight 

23 strategic plan’ means the strategic plan developed 

24 under section 5404. 


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

2 the Secretary of Transportation. 

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

4 the United States, the District of Columbia, the Com5 monwealth of Puerto Rico, the Commonwealth of the 

6 Northern Mariana Islands, Guam, American Samoa, 

7 and the United States Virgin Islands.’’. 

8 SEC. 1202. NATIONAL MULTIMODAL FREIGHT POLICY. 

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

10 is further amended by adding after section 5401 the fol11 lowing: 

12 ‘‘§ 5402. National multimodal freight policy 

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

14 ‘‘(1) to support investment to maintain and im15 prove the condition and performance of the national 

16 multimodal freight network; 

17 ‘‘(2) to ensure that the United States maximizes 

18 its competitiveness in the global economy by increas19 ing the overall productivity and connectivity of the 

20 national freight system; and 

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

22 (b). 

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

24 has the following goals: 


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1 ‘‘(1) To enhance the economic competitiveness of 

2 the United States by investing in infrastructure im3 provements and implementing operational improve4 ments on the freight network of the United States that 

5 achieve 1 or more of the following: 

6 ‘‘(A) Strengthen the contribution of the na7 tional freight network to the economic competi8 tiveness of the United States. 

9 ‘‘(B) Reduce congestion and relieve bottle10 necks in the freight transportation system. 

11 ‘‘(C) Reduce the cost of freight transpor12 tation. 

13 ‘‘(D) Improve the reliability of freight 

14 transportation. 

15 ‘‘(E) Increase productivity, particularly for 

16 domestic industries and businesses that create 

17 jobs. 

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

19 and resiliency of freight transportation in rural and 

20 urban areas. 

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

22 freight network. 

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

24 safety and efficiency of the national freight network. 


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1 ‘‘(5) To incorporate concepts of performance, in2 novation, competition, and accountability into the op3 eration and maintenance of the national freight net4 work. 

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

6 of the national freight network. 

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

8 not burdensome to State and local governments. 

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

10 goals set forth in subsection (b) by— 

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

12 freight infrastructure facilities; 

13 ‘‘(2) implementing appropriate safety, environ14 mental, energy and other transportation policies; 

15 ‘‘(3) utilizing advanced technology and innova16 tion; 

17 ‘‘(4) promoting workforce development; and 

18 ‘‘(5) using performance management activities. 

19 ‘‘(d) IMPLEMENTATION.—The Under Secretary for Pol20 icy, who shall be responsible for the oversight and imple21 mentation of the national multimodal freight policy, 

22 shall— 

23 ‘‘(1) assist with the coordination of modal freight 

24 planning; 


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

2 multimodal freight projects; 

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

4 processes at each modal administration to identify 

5 modeling and metric inconsistencies, approvals, and 

6 terminology differences that could hamper multimodal 

7 project approval; 

8 ‘‘(4) identify interagency data sharing opportu9 nities to promote freight planning and coordination; 

10 ‘‘(5) identify multimodal efforts and connections; 

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

12 freight projects; 

13 ‘‘(7) develop recommendations for State incen14 tives for multi-modal planning efforts, which may in15 clude— 

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

17 ‘‘(B) expediting the review of agreements for 

18 multimodal or freight specific projects; 

19 ‘‘(8) consider opportunities to reduce project 

20 delays by issuing categorical exclusions or allowing 

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

22 freight projects; and 

23 ‘‘(9) submit a report to the Committee on Com24 merce, Science, and Transportation of the Senate and 

25 the Committee on Transportation and Infrastructure 


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1 of the House of Representatives that identifies re2 quired reports, statutory requirements, and other lim3 itations on efficient freight project delivery that could 

4 be streamlined or consolidated.’’. 

5 SEC. 1203. NATIONAL MULTIMODAL FREIGHT NETWORK. 

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

7 is further amended by adding after section 5402 the fol8 lowing: 

9 ‘‘§ 5403. National multimodal freight network 

10 ‘‘(a) IN GENERAL.—The Secretary shall establish a na11 tional freight network, in accordance with this section— 

12 ‘‘(1) to assist States in strategically directing re13 sources toward improved system performance for the 

14 efficient movement of freight on transportation net15 works; 

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

17 ‘‘(3) to assist in the prioritization of Federal in18 vestment; and 

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

20 to achieve the national multimodal freight policy 

21 goals described in section 5402(b). 

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

23 multimodal freight network established under this section 

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

25 all freight transportation modes that are the most critical 


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1 to the current and future movement of freight to achieve 

2 the national multimodal freight policy goals described in 

3 section 5402(b). 

4 ‘‘(c) INITIAL DESIGNATION OF PRIMARY FREIGHT SYS5 TEM.— 

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

7 the date of enactment of the Comprehensive Transpor8 tation and Consumer Protection Act of 2015, the Sec9 retary, after soliciting input from stakeholders, in10 cluding multimodal freight system users, transport 

11 providers, metropolitan planning organizations, local 

12 governments, ports, airports, railroads, and States, 

13 through a public process to identify critical freight fa14 cilities and corridors that are vital to achieve the na15 tional multimodal freight policy goals described in 

16 section 5402(b), and after providing notice and op17 portunity for comment on a draft system, shall des18 ignate a primary freight system with the goal of— 

19 ‘‘(A) improving network and intermodal 

20 connectivity; and 

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

22 assessment of the significance of freight move23 ment, including the consideration of points of or24 igin, destination, and linking components of do25 mestic and international supply chains. 


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1 ‘‘(2) FACTORS.—In designating or redesignating 

2 a primary freight system, the Secretary shall con3 sider— 

4 ‘‘(A) origins and destinations of freight 

5 movement within, to, and from the United 

6 States; 

7 ‘‘(B) volume, value, tonnage, and the stra8 tegic importance of freight; 

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

10 seaports, and pipelines; 

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

12 trade; 

13 ‘‘(E) access to major areas for manufac14 turing, agriculture, or natural resources; 

15 ‘‘(F) access to energy exploration, develop16 ment, installation, and production areas; 

17 ‘‘(G) intermodal links and intersections that 

18 promote connectivity; 

19 ‘‘(H) freight choke points and other impedi20 ments contributing to significant measurable 

21 congestion, delay in freight movement, or ineffi22 cient modal connections; 

23 ‘‘(I) impacts on all freight transportation 

24 modes and modes that share significant freight 

25 infrastructure; 


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1 ‘‘(J) elements and transportation corridors 

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

3 State advisory committee, or a metropolitan 

4 planning organization, using national or local 

5 data, as having critical freight importance to the 

6 region; 

7 ‘‘(K) intermodal connectors, major distribu8 tion centers, inland intermodal facilities, and 

9 first- and last-mile facilities; 

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

11 on principal arterials; and 

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

13 including consideration of global and domestic 

14 supply chains. 

15 ‘‘(3) REQUIREMENTS FOR DESIGNATION.—A des16 ignation may be made under this subsection if the 

17 freight transportation facility or infrastructure being 

18 considered— 

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

20 population; 

21 ‘‘(B) has been designated under subsection 

22 (e) as a critical rural freight corridor; 

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

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

25 ‘‘(ii) an intermodal freight facility; 


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

2 route on the primary freight network; and 

3 ‘‘(ii) provides an alternative option impor4 tant to goods movement; 

5 ‘‘(E) serves a major freight generator, logis6 tic center, agricultural region, or manufacturing 

7 or warehouse industrial land; or 

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

9 freight within a State or metropolitan region, as 

10 determined by the State or the metropolitan 

11 planning organization. 

12 ‘‘(d) REDESIGNATION OF PRIMARY FREIGHT SYS13 TEM.— 

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

15 is 5 years after the initial designation under sub16 section (c), and every 5 years thereafter, the Sec17 retary, using the designation factors described in sub18 section (c)(3), shall redesignate the primary freight 

19 system. 

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

21 primary freight system under paragraph (1), the Sec22 retary shall— 

23 ‘‘(A) use, to the extent practicable, measur24 able data to assess the significance of goods 

25 movement, including the consideration of points 


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1 of origin, destination, and linking components of 

2 the United States global and domestic supply 

3 chains; 

4 ‘‘(B) consider— 

5 ‘‘(i) the factors described in subsection 

6 (c)(2); and 

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

8 freight transportation network demand; and 

9 ‘‘(C) provide the States with an opportunity 

10 to submit proposed designations in accordance 

11 with paragraph (3). 

12 ‘‘(3) STATE INPUT.— 

13 ‘‘(A) IN GENERAL.—Each State that pro14 poses increased designations on the primary 

15 freight system shall— 

16 ‘‘(i) consider nominations for addi17 tional designations from metropolitan plan18 ning organizations within the State; 

19 ‘‘(ii) consider nominations for the ad20 ditional designations from owners and oper21 ators of port, rail, pipeline, and airport fa22 cilities; and 

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1 portation Improvement Program or freight 

2 plan. 

3 ‘‘(B) REVISIONS.—States may revise routes 

4 certified under section 4006 of the Intermodal 

5 Surface Transportation Efficiency Act of 1991 

6 (Public Law 102–240; 105 Stat. 2148) to con7 form with the designated freight system under 

8 this section. 

9 ‘‘(C) SUBMISSION AND CERTIFICATION.— 

10 Each State shall submit to the Secretary— 

11 ‘‘(i) a list of the additional designa12 tions added under this subsection; and 

13 ‘‘(ii) certification that— 

14 ‘‘(I) the State has satisfied the re15 quirements under subparagraph (A); 

16 and 

17 ‘‘(II) the designations referred to 

18 in clause (i) address the factors for re19 designation described in subsection 

20 (c)(3). 

21 ‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—A State 

22 may designate freight transportation infrastructure or fa23 cilities within the borders of the State as a critical rural 

24 freight corridor if the public road or facility— 


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1 ‘‘(1) is a rural principal arterial roadway or fa2 cility; 

3 ‘‘(2) provides access or service to energy explo4 ration, development, installation, or production areas; 

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

6 ‘‘(A) a grain elevator; 

7 ‘‘(B) an agricultural facility; 

8 ‘‘(C) a mining facility; 

9 ‘‘(D) a forestry facility; or 

10 ‘‘(E) an intermodal facility; 

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

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

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

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

15 to improving the efficient movement of freight of im16 portance to the economy of the State.’’. 

17 SEC. 1204. NATIONAL FREIGHT STRATEGIC PLAN. 

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

19 is further amended by adding after section 5403 the fol20 lowing: 

21 ‘‘§ 5404. National Freight Strategic Plan 

22 ‘‘(a) INITIAL DEVELOPMENT OF NATIONAL FREIGHT

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

24 of enactment of the Comprehensive Transportation and 

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1 sultation with State departments of transportation, metro2 politan planning organizations, and other appropriate pub3 lic and private transportation stakeholders, shall develop, 

4 and after providing notice and an opportunity for comment 

5 on a draft national freight strategic plan, post on the public 

6 website of the Department of Transportation, a national 

7 freight strategic plan that— 

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

9 performance of the national freight network; 

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

11 freight network that create significant freight conges12 tion based on a quantitative methodology developed 

13 by the Secretary, which shall include— 

14 ‘‘(A) information from the Freight Analysis 

15 Framework of the Federal Highway Administra16 tion; and 

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

18 ‘‘(i) an estimate of the cost of address19 ing each bottleneck; and 

20 ‘‘(ii) any operational improvements 

21 that could be implemented to address each 

22 bottleneck; 

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

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1 riod beginning in the year during which the plan is 

2 issued; 

3 ‘‘(4) identifies major trade gateways and na4 tional freight corridors that connect major economic 

5 corridors, population centers, trade gateways, and 

6 other major freight generators for current and fore7 casted traffic and freight volumes; 

8 ‘‘(5) provides an assessment of statutory, regu9 latory, technological, institutional, financial, and 

10 other barriers to improved freight transportation per11 formance, including opportunities for overcoming 

12 such barriers; 

13 ‘‘(6) identifies— 

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

15 exploration, development, installation, or pro16 duction areas; and 

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

18 areas for manufacturing, agriculture, or natural 

19 resources; 

20 ‘‘(7) includes best practices for— 

21 ‘‘(A) improving the performance of the na22 tional freight network; and 

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

24 critical freight corridors; 

25 ‘‘(8) includes a process for— 


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1 ‘‘(A) addressing multistate projects; and 

2 ‘‘(B) encouraging jurisdictions to collabo3 rate on multistate projects; 

4 ‘‘(9) identifies— 

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

6 rates or congestion involving freight traffic; and 

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

8 ‘‘(10) includes strategies to improve freight inter9 modal connectivity. 

10 ‘‘(b) UPDATES TO NATIONAL FREIGHT STRATEGIC

11 PLAN.—Not later than 5 years after the date of completion 

12 of the first national freight strategic plan under paragraph 

13 (1) and every 5 years thereafter, the Secretary shall update 

14 and repost on the public website of the Department of 

15 Transportation a revised national freight strategic plan, 

16 which shall include a revision of the major trade gateways 

17 and national freight corridors identified under subsection 

18 (a)(4). 

19 ‘‘(c) TRANSPORTATION INVESTMENT DATA AND PLAN20 NING TOOLS.— 

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

22 the date of enactment of the Comprehensive Transpor23 tation and Consumer Protection Act of 2015, the Sec24 retary shall— 


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1 ‘‘(A) begin developing new tools and im2 proving existing tools to support State-based out3 come-oriented, performance-based approaches to 

4 evaluate proposed freight-related and other trans5 portation projects, including— 

6 ‘‘(i) methodologies for systematic anal7 ysis of benefits and costs on a national and 

8 regional basis; 

9 ‘‘(ii) tools for ensuring that the evalua10 tion of freight-related and other transpor11 tation projects could consider safety, eco12 nomic competitiveness, urban and rural ac13 cess, and system condition in the project se14 lection process; 

15 ‘‘(iii) improved methods for data col16 lection and trend analysis; 

17 ‘‘(iv) encouragement of public-private 

18 partnerships to carry out data sharing ac19 tivities and maintaining the confidentiality 

20 of all proprietary data; and 

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

22 transportation planning; 

23 ‘‘(B) identify transportation-related model 

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1 uation methods and techniques to assist in mak2 ing transportation investment decisions; and 

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

4 relevant Federal agencies, any improvements to 

5 existing freight flow data collection efforts that 

6 could— 

7 ‘‘(i) reduce identified freight data gaps 

8 and deficiencies; and 

9 ‘‘(ii) help to improve forecasts of 

10 freight transportation demand. 

11 ‘‘(2) CONSULTATION.—The Secretary shall con12 sult with other Federal agencies, State governments, 

13 and other stakeholders to develop, improve, and im14 plement the tools and collect the data described in 

15 paragraph (1).’’. 

16 SEC. 1205. STATE FREIGHT PLANS. 

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

18 is further amended by adding after section 5404 the fol19 lowing: 

20 ‘‘§ 5405. State freight plans 

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

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

23 freight advisory committee, which should consist of a 

24 representative cross-section of public and private sec25 tor freight stakeholders, including representatives of 


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1 ports, third party logistics providers, shippers, car2 riers, freight-related associations, the freight industry 

3 workforce, the State transportation department, and 

4 local governments. 

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

6 committee described in paragraph (1) may— 

7 ‘‘(A) advise the State on freight-related pri8 orities, issues, projects, and funding needs; 

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

10 State transportation decisions affecting freight 

11 mobility; 

12 ‘‘(C) communicate and coordinate with 

13 other organizations regarding regional priorities; 

14 and 

15 ‘‘(D) promote the sharing of information be16 tween the private and public sectors on freight 

17 issues. 

18 ‘‘(b) STATE FREIGHT PLANS.— 

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

20 freight plan, or integrate such planning into other 

21 transportation planning documents, that provides a 

22 comprehensive plan for the immediate and long-range 

23 planning activities and investments of the State with 

24 respect to freight. 


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1 ‘‘(2) PLAN CONTENTS.—A freight plan described 

2 in paragraph (1) should— 

3 ‘‘(A) identify significant freight system 

4 trends, needs, and issues with respect to the 

5 State; 

6 ‘‘(B) describe the freight policies, strategies, 

7 and performance measures that will guide the 

8 freight-related transportation investment deci9 sions of the State; 

10 ‘‘(C) include, if applicable, a listing of crit11 ical rural and urban freight corridors designated 

12 within the State under this chapter; 

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

14 ability of the State to meet the national freight 

15 goals established under section 5402(b); 

16 ‘‘(E) include evidence of consideration of in17 novative technologies and operational strategies, 

18 including intelligent transportation systems, that 

19 improve the safety and efficiency of freight move20 ment; 

21 ‘‘(F) include— 

22 ‘‘(i) an inventory of facilities within 

23 the State with freight mobility issues, such 

24 as freight bottlenecks; and 


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

2 State is employing to address such freight 

3 mobility issues; 

4 ‘‘(G) consider— 

5 ‘‘(i) any significant congestion or 

6 delay caused by freight movements; and 

7 ‘‘(ii) any strategies to mitigate such 

8 congestion or delay; and 

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

10 freight investment plan that— 

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

12 and 

13 ‘‘(ii) describes how funds made avail14 able to carry out this chapter would be in15 vested and matched. 

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

17 freight investment plan component described in para18 graph (2)(H) shall include a project, or an identified 

19 phase of a project, only if funding for completion of 

20 the project can reasonably be anticipated to be avail21 able for the project within the time period identified 

22 in the freight investment plan. Unfunded project 

23 plans should be included in a separate section. 

24 ‘‘(4) PLANNING PERIOD.—The freight plan shall 

25 address a 5-year forecast period. 


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1 ‘‘(5) UPDATES.— 

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

3 the freight plan under this subsection not less 

4 frequently than once every 5 years. 

5 ‘‘(B) FREIGHT INVESTMENT PLAN.—A State 

6 may update the freight investment plan more 

7 frequently than is required under subparagraph 

8 (A). 

9 ‘‘(c) INTELLIGENT FREIGHT TRANSPORTATION SYS10 TEM.— 

11 ‘‘(1) LOCATION.—An intelligent freight transpor12 tation system shall be located— 

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

14 ‘‘(ii) in a manner that connects ports-of15 entry to the freight network; and 

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

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

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

19 shall determine the need for establishing operating 

20 standards for intelligent freight transportation sys21 tems.’’. 


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1 SEC. 1206. FREIGHT TRANSPORTATION CONDITIONS AND 

2 PERFORMANCE REPORTS. 

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

4 is further amended by adding after section 5405 the fol5 lowing: 

6 ‘‘§ 5406. Freight transportation conditions and per7 formance reports 

8 ‘‘Not later than 3 years after the date of enactment 

9 of the Comprehensive Transportation and Consumer Protec10 tion Act of 2015, and every 5 years thereafter, the Secretary 

11 shall submit a report to Congress that describes the condi12 tions and performance of the national freight network in 

13 the United States.’’. 

14 SEC. 1207. REPEALS. 

15 The Moving Ahead for Progress in the 21st Century 

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

17 1117 and 1118 (23 U.S.C. 167 note). 

18 SEC. 1208. SAVINGS PROVISION. 

19 No provision in this subtitle may be construed to pro20 vide additional authority to regulate or direct private activ21 ity on freight networks designated by the amendments made 

22 under this subtitle. 

23 Subtitle C—Research 

24 SEC. 1301. FINDINGS. 

25 Congress makes the followings findings: 


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1 (1) Federal transportation research planning 

2 and coordination— 

3 (A) should occur within the Office of the 

4 Secretary; and 

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

6 multi-modal and not occur solely within the sub7 agencies of the Department of Transportation. 

8 (2) Managing a multi-modal research portfolio 

9 within the Office of the Secretary will— 

10 (A) help identify opportunities where re11 search could be applied across modes; and 

12 (B) prevent duplication of efforts and waste 

13 of limited Federal resources. 

14 (3) An ombudsman for research at the Depart15 ment of Transportation will— 

16 (A) give stakeholders a formal opportunity 

17 to address concerns; 

18 (B) ensure unbiased research; and 

19 (C) improve the overall research products of 

20 the Department. 

21 (4) Increasing transparency of transportation re22 search efforts will— 

23 (A) build stakeholder confidence in the final 

24 product; and 


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1 (B) lead to the improved implementation of 

2 research findings. 

3 SEC. 1302. MODAL RESEARCH PLANS. 

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

5 preceding the research fiscal year, the head of each modal 

6 administration and joint program office of the Department 

7 of Transportation shall submit a comprehensive annual 

8 modal research plan to the Assistant Secretary for Research 

9 and Technology of the Department of Transportation (re10 ferred to in this subtitle as the ‘‘Assistant Secretary’’). 

11 (b) REVIEW.— 

12 (1) IN GENERAL.—Not later than October 1 of 

13 each year, the Assistant Secretary, for each plan sub14 mitted pursuant to subsection (a), shall— 

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

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

17 (ii) request that the plan be revised. 

18 (2) PUBLICATIONS.—Not later than January 30 

19 of each year, the Secretary shall publish each plan 

20 that has been approved under paragraph (1)(B)(i) on 

21 a public website. 

22 (3) REJECTION OF DUPLICATIVE RESEARCH EF23 FORTS.—The Assistant Secretary may not approve 

24 any plan submitted by the head of a modal adminis25 tration or joint program office pursuant to subsection 


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1 (a) if such plan duplicates the research efforts of any 

2 other modal administration. 

3 (c) FUNDING LIMITATIONS.—No funds may be ex4 pended by the Department of Transportation on research 

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

6 research plan approved by the Assistant Secretary unless— 

7 (1) such research is required by an Act of Con8 gress; 

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

10 funded before the date of enactment of this Act; or 

11 (3) the Secretary of Transportation certifies to 

12 Congress that such research is necessary before the ap13 proval of a modal research plan. 

14 (d) DUPLICATIVE RESEARCH.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), no funds may be expended by the Depart17 ment of Transportation on research projects that the 

18 Secretary identifies as duplicative under subsection 

19 (b)(3). 

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

21 apply to— 

22 (A) updates to previously commissioned re23 search; 

24 (B) research commissioned to carry out an 

25 Act of Congress; or 


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1 (C) research commissioned before the date of 

2 enactment of this Act. 

3 (e) CERTIFICATION.— 

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

5 certify to Congress that— 

6 (A) each modal research plan has been re7 viewed; and 

8 (B) there is no duplication of study for re9 search directed, commissioned, or conducted by 

10 the Department of Transportation. 

11 (2) CORRECTIVE ACTION PLAN.—If the Secretary, 

12 after submitting a certification under paragraph (1), 

13 identifies duplication of research within the Depart14 ment of Transportation, the Secretary shall— 

15 (A) notify Congress of the duplicative re16 search; and 

17 (B) submit a corrective action plan to Con18 gress that will eliminate such duplicative re19 search. 

20 SEC. 1303. CONSOLIDATED RESEARCH PROSPECTUS AND 

21 STRATEGIC PLAN. 

22 (a) PROSPECTUS.— 

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

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1 partment of Transportation, including, to the extent 

2 practicable, research funded through University 

3 Transportation Centers. 

4 (2) CONTENTS.—The prospectus published under 

5 paragraph (1) shall— 

6 (A) include the consolidated modal research 

7 plans approved under section 1302; 

8 (B) describe the research objectives, progress, 

9 and allocated funds for each research project; 

10 (C) identify research projects with multi11 modal applications; 

12 (D) specify how relevant modal administra13 tions have assisted, will contribute to, or plan to 

14 use the findings from the research projects identi15 fied under paragraph (1); 

16 (E) identify areas in which multiple modal 

17 administrations are conducting research projects 

18 on similar subjects or subjects which have bear19 ing on multiple modes; 

20 (F) describe the interagency and cross 

21 modal communication and coordination that has 

22 occurred to prevent duplication of research ef23 forts within the Department of Transportation; 


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1 (G) indicate how research is being dissemi2 nated to improve the efficiency and safety of 

3 transportation systems; 

4 (H) describe how agencies developed their 

5 research plans; and 

6 (I) describe the opportunities for public and 

7 stakeholder input. 

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

9 the President’s annual budget requests under section 1105 

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

11 a report to appropriate committees of Congress that de12 scribes— 

13 (1) the amount spent in the last completed fiscal 

14 year on transportation research and development; and 

15 (2) the amount proposed in the current budget 

16 for transportation research and development. 

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

18 plans and reports submitted under sections 1115 and 1116 

19 of title 31, United States Code, the Secretary shall in20 clude— 

21 (1) a summary of the Federal transportation re22 search and development activities for the previous fis23 cal year in each topic area; 

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


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1 (3) a description of the extent to which the re2 search and development is meeting the expectations 

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

4 (4) any amendments to the strategic plan devel5 oped under subsection (d). 

6 (d) TRANSPORTATION RESEARCH AND DEVELOPMENT

7 STRATEGIC PLAN.— 

8 (1) IN GENERAL.—The Secretary shall develop a 

9 5-year transportation research and development stra10 tegic plan to guide future Federal transportation re11 search and development activities. 

12 (2) CONSISTENCY.—The strategic plan developed 

13 under paragraph (1) shall be consistent with— 

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

15 Code; 

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

17 United States Code; and 

18 (C) any other research and development 

19 plan within the Department of Transportation. 

20 (3) CONTENTS.—The strategic plan developed 

21 under paragraph (1) shall— 

22 (A) describe the primary purposes of the 

23 transportation research and development pro24 gram, which shall include— 

25 (i) promoting safety; 


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1 (ii) reducing congestion; 

2 (iii) improving mobility; 

3 (iv) preserving the existing transpor4 tation system; 

5 (v) improving the durability and ex6 tending the life of transportation infrastruc7 ture; and 

8 (vi) improving goods movement; 

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

10 subparagraph (A), list the primary research and 

11 development topics that the Department of 

12 Transportation intends to pursue to accomplish 

13 that purpose, which may include— 

14 (i) fundamental research in the phys15 ical and natural sciences; 

16 (ii) applied research; 

17 (iii) technology research; and 

18 (iv) social science research intended for 

19 each topic; and 

20 (C) for each research and development 

21 topic— 

22 (i) identify the anticipated annual 

23 funding levels for the period covered by the 

24 strategic plan; and 


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1 (ii) include any additional informa2 tion the Department of Transportation ex3 pects to discover at the end of the period 

4 covered by the strategic plan as a result of 

5 the research and development in that topic 

6 area. 

7 (4) CONSIDERATIONS.—The Secretary shall en8 sure that the strategic plan developed under this sec9 tion— 

10 (A) reflects input from a wide range of 

11 stakeholders; 

12 (B) includes and integrates the research and 

13 development programs of all the Department of 

14 Transportation’s modal administrations, includ15 ing aviation, transit, rail, and maritime; and 

16 (C) takes into account how research and de17 velopment by other Federal, State, private sector, 

18 and nonprofit institutions— 

19 (i) contributes to the achievement of 

20 the purposes identified under paragraph 

21 (3)(A); and 

22 (ii) avoids unnecessary duplication of 

23 such efforts. 

24 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 


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

2 23, United States Code, is amended— 

3 (A) by striking section 508; 

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

5 item relating to section 508; 

6 (C) in section 502— 

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

8 ‘‘transportation research and technology de9 velopment strategic plan developed under 

10 section 508’’ and inserting ‘‘transportation 

11 research and development strategic plan 

12 under section 1303 of the Comprehensive 

13 Transportation and Consumer Protection 

14 Act of 2015’’; and 

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

16 ‘‘transportation research and development 

17 strategic plan of the Secretary developed 

18 under section 508’’ and inserting ‘‘transpor19 tation research and development strategic 

20 plan under section 1303 of the Comprehen21 sive Transportation and Consumer Protec22 tion Act of 2015’’; and 

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

24 of the transportation research and development 

25 strategic plan developed under section 508’’. 


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1 (2) INTELLIGENT TRANSPORTATION SYSTEMS.— 

2 The Intelligent Transportation Systems Act of 1998 

3 (23 U.S.C. 502 note) is amended— 

4 (A) in section 5205(b), by striking ‘‘as part 

5 of the Surface Transportation Research and De6 velopment Strategic Plan developed under sec7 tion 508 of title 23, United States Code’’ and in8 serting ‘‘as part of the transportation research 

9 and development strategic plan under section 

10 1303 of the Comprehensive Transportation and 

11 Consumer Protection Act of 2015’’; and 

12 (B) in section 5206(e)(2)(A), by striking 

13 ‘‘or the Surface Transportation Research and 

14 Development Strategic Plan developed under sec15 tion 508 of title 23, United States Code’’ and in16 serting ‘‘or the transportation research and de17 velopment strategic plan under section 1303 of 

18 the Comprehensive Transportation and Con19 sumer Protection Act of 2015’’. 

20 (3) INTELLIGENT TRANSPORTATION SYSTEM RE21 SEARCH.—Subtitle C of title V of the Safe, Account22 able, Flexible, Efficient Transportation Equity Act: A 

23 Legacy for Users (23 U.S.C. 512 note) is amended— 

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

25 ‘‘the strategic plan under section 508 of title 23, 


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1 United States Code’’ and inserting ‘‘the 5-year 

2 transportation research and development stra3 tegic plan under section 1303 of the Comprehen4 sive Transportation and Consumer Protection 

5 Act of 2015’’; and 

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

7 ‘‘or the surface transportation research and de8 velopment strategic plan developed under section 

9 508 of title 23, United States Code’’ and insert10 ing ‘‘or the 5-year transportation research and 

11 development strategic plan under section 1303 of 

12 the Comprehensive Transportation and Con13 sumer Protection Act of 2015’’. 

14 SEC. 1304. RESEARCH OMBUDSMAN. 

15 (a) IN GENERAL.—Subtitle III is amended by insert16 ing after chapter 63 the following: 

17 ‘‘CHAPTER 65—RESEARCH OMBUDSMAN 

‘‘Sec. 

‘‘6501. Research ombudsman. 

18 ‘‘§ 6501. Research ombudsman 

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

20 Research and Technology shall appoint a career Federal 

21 employee to serve as Research Ombudsman. This appoint22 ment shall not diminish the authority of peer review of re23 search. 


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

2 appointed under subsection (a), to the extent practicable— 

3 ‘‘(1) shall have a background in academic re4 search and a strong understanding of sound study de5 sign; 

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

7 stakeholder communities and research needs of the 

8 transportation field; and 

9 ‘‘(3) shall not have served as a political ap10 pointee of the Department. 

11 ‘‘(c) RESPONSIBILITIES.— 

12 ‘‘(1) ADDRESSING COMPLAINTS AND QUES13 TIONS.—The Research Ombudsman shall— 

14 ‘‘(A) receive complaints and questions 

15 about— 

16 ‘‘(i) significant alleged omissions, im17 proprieties, and systemic problems; and 

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

19 specific research project; and 

20 ‘‘(B) evaluate and address the complaints 

21 and questions described in subparagraph (A). 

22 ‘‘(2) PETITIONS.— 

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

24 shall review petitions relating to— 

25 ‘‘(i) conflicts of interest; 


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1 ‘‘(ii) the study design and method2 ology; 

3 ‘‘(iii) assumptions and potential bias; 

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

5 ‘‘(v) the composition of any data sam6 pled. 

7 ‘‘(B) RESPONSE TO PETITIONS.—The Re8 search Ombudsman shall— 

9 ‘‘(i) respond to relevant petitions with10 in a reasonable period; 

11 ‘‘(ii) identify deficiencies in the peti12 tion’s study design; and 

13 ‘‘(iii) propose a remedy for such defi14 ciencies to the administrator of the modal 

15 administration responsible for completing 

16 the research project. 

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

18 The administrator of the modal administration 

19 charged with completing the research project 

20 shall respond to the proposed research remedy. 

21 ‘‘(3) REQUIRED REVIEWS.—The Research Om22 budsman shall evaluate the study plan for all statu23 torily required studies and reports before the com24 mencement of such studies to ensure that the research 


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1 plan has an appropriate sample size and composition 

2 to address the stated purpose of the study. 

3 ‘‘(d) REPORTS.— 

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

5 review under subsection (c), the Research Ombudsman 

6 shall— 

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

8 of such review to— 

9 ‘‘(i) the Secretary; 

10 ‘‘(ii) the head of the relevant modal ad11 ministration; and 

12 ‘‘(iii) the study or research leader; and 

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

14 website, with the modal administration response 

15 required under subsection (c)(2)(C). 

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

17 under this section shall be provided directly to the in18 dividuals described in paragraph (1) without any 

19 comment or amendment from the Secretary, the Dep20 uty Secretary of Transportation, the head of any 

21 modal administration of the Department, or any 

22 other officer or employee of the Department or the Of23 fice of Management and Budget. 

24 ‘‘(e) REPORT TO INSPECTOR GENERAL.—The Research 

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1 feasance, waste, fraud, or abuse uncovered during a review 

2 under this section to the Inspector General for further re3 view. 

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

5 subject to adverse employment action for misconduct or 

6 good cause in accordance with the procedures and grounds 

7 set forth in chapter 75 of title 5.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

9 table of chapters for subtitle III is amended by inserting 

10 after the item relating to chapter 63 the following: 

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

11 SEC. 1305. SMART CITIES TRANSPORTATION PLANNING 

12 STUDY. 

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

14 study of digital technologies and information technologies, 

15 including shared mobility, data, transportation network 

16 companies, and on-demand transportation services— 

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

18 adopting these technologies; 

19 (2) to assess future planning, infrastructure and 

20 investment needs; and 

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

22 cities in which information and technology are 

23 used— 

24 (A) to improve city operations; 

25 (B) to grow the local economy; 


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1 (C) to improve response in times of emer2 gencies and natural disasters; and 

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

4 (b) COMPONENTS.—The study conducted under sub5 section (a) shall— 

6 (1) identify broad issues that influence the abil7 ity of the United States to plan for and invest in 

8 smart cities, including barriers to collaboration and 

9 access to scientific information; and 

10 (2) review how the expanded use of digital tech11 nologies, mobile devices, and information may— 

12 (A) enhance the efficiency and effectiveness 

13 of existing transportation networks; 

14 (B) optimize demand management services; 

15 (C) impact low-income and other disadvan16 taged communities; 

17 (D) assess opportunities to share, collect, 

18 and use data; 

19 (E) change current planning and invest20 ment strategies; and 

21 (F) provide opportunities for enhanced co22 ordination and planning. 

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

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


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1 the report containing the results of the study required under 

2 subsection (a) to a public website. 

3 SEC. 1306. BUREAU OF TRANSPORTATION STATISTICS INDE4 PENDENCE. 

5 Section 6302 is amended by adding at the end the fol6 lowing: 

7 ‘‘(d) INDEPENDENCE OF BUREAU.— 

8 ‘‘(1) IN GENERAL.—The Director shall not be re9 quired— 

10 ‘‘(A) to obtain the approval of any other of11 ficer or employee of the Department with respect 

12 to the collection or analysis of any information; 

13 or 

14 ‘‘(B) prior to publication, to obtain the ap15 proval of any other officer or employee of the 

16 United States Government with respect to the 

17 substance of any statistical technical reports or 

18 press releases lawfully prepared by the Director. 

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

20 have final authority for the disposition and allocation 

21 of the Bureau’s authorized budget, including— 

22 ‘‘(A) all hiring, grants, cooperative agree23 ments, and contracts awarded by the Bureau to 

24 carry out this section; and 


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1 ‘‘(B) the disposition and allocation of 

2 amounts paid to the Bureau for cost-reimburs3 able projects. 

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

5 external support functions, such as the coordination 

6 of activities involving multiple modal administra7 tions. 

8 ‘‘(4) INFORMATION TECHNOLOGY.—In consulta9 tion with the Chief Information Officer, the Director 

10 shall have the final authority in decisions regarding 

11 information technology in order to protect the con12 fidentiality of information provided solely for statis13 tical purposes, in accordance with the Confidential 

14 Information Protection and Statistical Efficiency Act 

15 of 2002 (44 U.S.C. 3501 note).’’. 

16 SEC. 1307. CONFORMING AMENDMENTS. 

17 (a) TITLE 49 AMENDMENTS.— 

18 (1) ASSISTANT SECRETARIES; GENERAL COUN19 SEL.—Section 102(e) is amended— 

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

21 inserting ‘‘6’’; and 

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

23 Assistant Secretary for Research and Tech24 nology,’’ before ‘‘and an Assistant Secretary’’. 


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1 (2) OFFICE OF THE ASSISTANT SECRETARY FOR

2 RESEARCH AND TECHNOLOGY OF THE DEPARTMENT

3 OF TRANSPORTATION.—Section 112 is repealed. 

4 (3) TABLE OF CONTENTS.—The table of contents 

5 of chapter 1 is amended by striking the item relating 

6 to section 112. 

7 (4) RESEARCH CONTRACTS.—Section 330 is 

8 amended— 

9 (A) in the section heading, by striking 

10 ‘‘contracts’’ and inserting ‘‘activities’’; 

11 (B) in subsection (a), by inserting ‘‘IN GEN12 ERAL.—’’ before ‘‘The Secretary’’; 

13 (C) in subsection (b), by inserting ‘‘RE14 SPONSIBILITIES.—’’ before ‘‘In carrying out’’; 

15 (D) in subsection (c), by inserting ‘‘PUBLI16 CATIONS.—’’ before ‘‘The Secretary’’; and 

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

18 ‘‘(d) DUTIES.—The Secretary shall provide for the fol19 lowing: 

20 ‘‘(1) Coordination, facilitation, and review of the 

21 Department’s research and development programs 

22 and activities. 

23 ‘‘(2) Advancement, and research and develop24 ment, of innovative technologies, including intelligent 

25 transportation systems. 


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1 ‘‘(3) Comprehensive transportation statistics re2 search, analysis, and reporting. 

3 ‘‘(4) Education and training in transportation 

4 and transportation-related fields. 

5 ‘‘(5) Activities of the Volpe National Transpor6 tation Systems Center. 

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

8 may— 

9 ‘‘(1) enter into grants and cooperative agree10 ments with Federal agencies, State and local govern11 ment agencies, other public entities, private organiza12 tions, and other persons— 

13 ‘‘(A) to conduct research into transportation 

14 service and infrastructure assurance; and 

15 ‘‘(B) to carry out other research activities of 

16 the Department; 

17 ‘‘(2) carry out, on a cost-shared basis, collabo18 rative research and development to encourage innova19 tive solutions to multimodal transportation problems 

20 and stimulate the deployment of new technology 

21 with— 

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

23 and local governments, foreign governments, in24 stitutions of higher education, corporations, in25 stitutions, partnerships, sole proprietorships, and 


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1 trade associations that are incorporated or estab2 lished under the laws of any State; 

3 ‘‘(B) Federal laboratories; and 

4 ‘‘(C) other Federal agencies; and 

5 ‘‘(3) directly initiate contracts, grants, coopera6 tive research and development agreements (as defined 

7 in section 12 of the Stevenson-Wydler Technology In8 novation Act of 1980 (15 U.S.C. 3710a)), and other 

9 agreements to fund, and accept funds from, the 

10 Transportation Research Board of the National Re11 search Council of the National Academy of Sciences, 

12 State departments of transportation, cities, counties, 

13 institutions of higher education, associations, and the 

14 agents of those entities to carry out joint transpor15 tation research and technology efforts. 

16 ‘‘(f) FEDERAL SHARE.— 

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

18 Federal share of the cost of an activity carried out 

19 under subsection (e)(3) shall not exceed 50 percent. 

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

21 that the activity is of substantial public interest or 

22 benefit, the Secretary may approve a greater Federal 

23 share. 

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

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1 sonnel, travel, facility, and hardware development 

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

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

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

5 fiscal years 2016 through 2021, the Secretary is authorized 

6 to expend not more than 1 and a half percent of the 

7 amounts authorized to be appropriated for necessary ex8 penses for administration and operations of the Office of 

9 the Assistant Secretary for Research and Technology for the 

10 coordination, evaluation, and oversight of the programs ad11 ministered under this section. 

12 ‘‘(h) USE OF TECHNOLOGY.—The research, develop13 ment, or use of a technology under a contract, grant, cooper14 ative research and development agreement, or other agree15 ment entered into under this section, including the terms 

16 under which the technology may be licensed and the result17 ing royalties may be distributed, shall be subject to the Ste18 venson-Wydler Technology Innovation Act of 1980 (15 

19 U.S.C. 3701 et seq.). 

20 ‘‘(i) WAIVER OF ADVERTISING REQUIREMENTS.—Sec21 tion 6101 of title 41 shall not apply to a contract, grant, 

22 or other agreement entered into under this section.’’. 

23 (5) TABLE OF CONTENTS.—The item relating to 

24 section 330 in the table of contents of chapter 3 is 


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1 amended by striking ‘‘Contracts’’ and inserting ‘‘Ac2 tivities’’. 

3 (6) BUREAU OF TRANSPORTATION STATISTICS.— 

4 Section 6302(a) is amended to read as follows: 

5 ‘‘(a) IN GENERAL.—There shall be within the Depart6 ment the Bureau of Transportation Statistics.’’. 

7 (b) TITLE 5 AMENDMENTS.— 

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

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

10 ‘‘The Under Secretary of Transportation for Secu11 rity.’’. 

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

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

14 ‘‘Administrator, Research and Innovative Technology 

15 Administration.’’. 

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

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

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

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

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

21 amended by striking ‘‘Associate Deputy Secretary, 

22 Department of Transportation.’’. 

23 SEC. 1308. REPEAL OF OBSOLETE OFFICE. 

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


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

2 chapter 55 is amended by striking the item relating to sec3 tion 5503. 

4 Subtitle D—Port Performance Act 

5 SEC. 1401. SHORT TITLE. 

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

7 Act’’. 

8 SEC. 1402. FINDINGS. 

9 Congress finds the following: 

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

11 Nation’s transportation supply chain network. 

12 (2) Reliable and efficient movement of goods 

13 through the Nation’s ports ensures that American 

14 goods are available to customers throughout the world. 

15 (3) Breakdowns in the transportation supply 

16 chain network, particularly at the Nation’s ports, can 

17 result in tremendous economic losses for agriculture, 

18 businesses, and retailers that rely on timely ship19 ments. 

20 (4) A clear understanding of port productivity 

21 and throughput would help— 

22 (A) to identify freight bottlenecks; 

23 (B) to indicate performance and trends over 

24 time; and 

25 (C) to inform investment decisions. 


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1 SEC. 1403. PORT PERFORMANCE FREIGHT STATISTICS PRO2 GRAM. 

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

4 at the end the following: 

5 ‘‘§ 6314. Port performance freight statistics program 

6 ‘‘(a) IN GENERAL.—The Director shall establish, on be7 half of the Secretary, a port performance statistics program 

8 to provide nationally consistent measures of performance 

9 of— 

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

11 ‘‘(2) the Nation’s top 25 ports by 20-foot equiva12 lent unit; and 

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

14 ‘‘(b) ANNUAL REPORTS.— 

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

16 later than January 15 of each year, the Director shall 

17 submit an annual report to Congress that includes 

18 statistics on capacity and throughput at the ports de19 scribed in subsection (a). 

20 ‘‘(2) PORT PERFORMANCE MEASURES.—The Di21 rector shall collect monthly port performance meas22 ures for each of the United States ports referred to in 

23 subsection (a) that receives Federal assistance or is 

24 subject to Federal regulation to submit an annual re25 port to the Bureau of Transportation Statistics that 

26 includes monthly statistics on capacity and throughVerDate Sep 11 2014 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6203 E:\BILLS\S1732.RS S1732

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1 put as applicable to the specific configuration of the 

2 port, including— 

3 ‘‘(A) the total capacity of inbound and out4 bound cargo, including containers, break bulk, 

5 vehicles, and dry and liquid bulk; 

6 ‘‘(B) the total volume of inbound and out7 bound cargo, including containers, break bulk, 

8 vehicles, and dry and liquid bulk; 

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

10 containers by crane; 

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

12 type; 

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

14 time; 

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

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

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

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

19 by the Director after receiving recommendations 

20 from the working group established under sub21 section (c). 

22 ‘‘(c) RECOMMENDATIONS.— 

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

24 recommendations for— 


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1 ‘‘(A) specifications and data measurements 

2 for the port performance measures listed in sub3 section (b)(2); 

4 ‘‘(B) additionally needed data elements for 

5 measuring port performance; and 

6 ‘‘(C) a process for the Department of Trans7 portation to collect timely and consistent data, 

8 including identifying safeguards to protect pro9 prietary information described in subsection 

10 (b)(2). 

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

12 after the date of the enactment of the Port Perform13 ance Act, the Director shall commission a working 

14 group composed of— 

15 ‘‘(A) operating administrations of the De16 partment of Transportation; 

17 ‘‘(B) the Coast Guard; 

18 ‘‘(C) the Federal Maritime Commission; 

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

20 ‘‘(E) the Marine Transportation System 

21 National Advisory Council; 

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

23 ‘‘(G) the Saint Lawrence Seaway Develop24 ment Corporation; 


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1 ‘‘(H) the Advisory Committee on Supply 

2 Chain Competitiveness; 

3 ‘‘(I) 1 representative from the rail industry; 

4 ‘‘(J) 1 representative from the trucking in5 dustry; 

6 ‘‘(K) 1 representative from the port man7 agement industry; 

8 ‘‘(L) 1 representative from the maritime 

9 shipping industry; 

10 ‘‘(M) 1 representative from the maritime 

11 labor industry; 

12 ‘‘(N) representatives of the National Freight 

13 Advisory Committee of the Department; and 

14 ‘‘(O) representatives of the Transportation 

15 Research Board of the National Academies. 

16 ‘‘(3) RECOMMENDATIONS.—Not later than 1 year 

17 after the date of the enactment of the Port Perform18 ance Act, the working group commissioned under this 

19 subsection shall submit its recommendations to the 

20 Director. 

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

22 the statistics compiled under this section are readily acces23 sible to the public, consistent with applicable security con24 straints and confidentiality interests.’’. 


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1 (b) PROHIBITION ON CERTAIN DISCLOSURES.—Sec2 tion 6307(b)(1) is amended by inserting ‘‘or section 

3 6314(b)’’ after ‘‘section 6302(b)(3)(B)’’ each place it ap4 pears. 

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

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

7 6302(b)(3)(B)’’. 

8 (d) TECHNICAL AND CONFORMING AMENDMENT.—The 

9 table of contents for chapter 63 is amended by adding at 

10 the end the following: 

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

11 SEC. 1404. MONTHLY REPORTS ON PERFORMANCE AT 

12 UNITED STATES PORTS. 

13 (a) IN GENERAL.—Not later than 1 year before the ex14 piration date of a maritime labor agreement that applies 

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

16 expiration date of the maritime labor agreement, and 

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

18 Secretary of Transportation, in consultation with the Sec19 retary of Commerce and the Secretary of Labor, shall sub20 mit a report to the Committee on Commerce, Science, and 

21 Transportation of the Senate and the Committee on Trans22 portation and Infrastructure of the House of Representa23 tives that includes port performance indicators at the af24 fected port. If multiple ports are affected by the expiration 


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1 of the maritime labor agreement, the Secretary of Transpor2 tation shall submit a report for each affected port. 

3 (b) CONTENTS.—Each report required under sub4 section (a) shall include, for the affected port during the 

5 previous month— 

6 (1) the performance indicators listed under sec7 tion 6314(b)(2) of title 49, United States Code; 

8 (2) the number and type of vessels awaiting 

9 berthing, including average wait time; 

10 (3) the number of cancelled vessel calls; 

11 (4) an estimate of the economic impact associ12 ated with any delays both at the port and across the 

13 national economy; 

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

15 to clear any congestion; 

16 (6) the average number of labor positions ordered 

17 and filled; and 

18 (7) any other factors that might have created 

19 delays, including weather, equipment maintenance or 

20 failures, or infrastructure development or repair. 

21 (c) EFFECTIVE PERIOD.—The Secretary of Transpor22 tation, in consultation with the Secretary of Commerce and 

23 the Secretary of Labor, shall submit a report required under 

24 subsection (a) for an affected port until the date on which 

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1 ties of the port is agreed to by all of the parties to that 

2 maritime labor agreement. 

3 (d) DEFINITION OF MARITIME LABOR AGREEMENT.— 

4 In this section, the term ‘‘maritime labor agreement’’ has 

5 the meaning given such term in section 40102 of title 46, 

6 United States Code. 

7 TITLE II—COMMERCIAL MOTOR 

8 VEHICLE AND DRIVER PRO9 GRAMS 

10 Subtitle A—Compliance, Safety, 

11 and Accountability Reform 

12 PART I—COMPLIANCE, SAFETY, AND 

13 ACCOUNTABILITY 

14 SEC. 2001. CORRELATION STUDY. 

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

16 Motor Carrier Safety Administration (referred to in this 

17 part as the ‘‘Administrator’’) shall commission the National 

18 Research Council of the National Academies to conduct a 

19 study of— 

20 (1) the Safety Measurement System (referred to 

21 in this part as ‘‘SMS’’); and 

22 (2) the Compliance, Safety, Accountability pro23 gram (referred to in this part as the ‘‘CSA pro24 gram’’). 


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1 (b) SCOPE OF STUDY.—In carrying out the study com2 missioned pursuant to subsection (a), the National Research 

3 Council— 

4 (1) shall analyze— 

5 (A) the accuracy with which the Behavior 

6 Analysis and Safety Improvement Categories 

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

8 measures used by SMS— 

9 (i) identify high risk drivers and car10 riers; and 

11 (ii) predict or be correlated with future 

12 crash risk, crash severity, or other safety in13 dicators for individual drivers, motor car14 riers, and the highest risk carriers; 

15 (B) the methodology used to calculate 

16 BASIC percentiles and identify carriers for en17 forcement, including the weights assigned to par18 ticular violations, and the tie between crash risk 

19 and specific regulatory violations, in order to ac20 curately identify and predict future crash risk 

21 for motor carriers; 

22 (C) the relative value of inspection informa23 tion and roadside enforcement data; 

24 (D) any data collection gaps or data suffi25 ciency problems that may exist and the impact 


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1 of those data gaps and insufficiencies on the effi2 cacy of the CSA program; and 

3 (E) the accuracy of data processing; and 

4 (2) should consider— 

5 (A) whether the current SMS provides com6 parable precision and confidence for SMS alerts 

7 and percentiles for the relative crash risk of indi8 vidual large and small motor carriers; 

9 (B) whether alternative systems would iden10 tify high risk carriers or identify high risk driv11 ers and motor carriers more accurately; and 

12 (C) the recommendations and findings of 

13 the Comptroller General of the United States and 

14 the Inspector General, and independent review 

15 team reports issued before the date of the enact16 ment of this Act. 

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

18 of enactment of this Act, the Administrator shall submit 

19 a report containing the results of the completed study to— 

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

21 Transportation of the Senate; 

22 (2) the Committee on Transportation and Infra23 structure of the House of Representatives; 

24 (3) the Inspector General of the Department of 

25 Transportation; and 


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1 (4) the Comptroller General of the United States. 

2 (d) CORRECTIVE ACTION PLAN.— 

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

4 the Administrator submits a report under subsection 

5 (c) that identifies a deficiency or opportunity for im6 provement in the CSA program or in any element of 

7 SMS, the Administrator shall submit a corrective ac8 tion plan to the Committee on Commerce, Science, 

9 and Transportation of the Senate and the Committee 

10 on Transportation and Infrastructure of the House of 

11 Representatives that— 

12 (A) responds to the concerns highlighted by 

13 the report; 

14 (B) identifies how the Federal Motor Car15 rier Safety Administration will address such 

16 concerns; and 

17 (C) provides an estimate of the cost, includ18 ing changes in staffing, enforcement, and data 

19 collection necessary to implement the rec20 ommendations. 

21 (2) PROGRAM REFORMS.—The corrective action 

22 plan submitted under paragraph (1) shall include an 

23 implementation plan that— 

24 (A) includes benchmarks; 


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1 (B) includes programmatic reforms, revi2 sions to regulations, or proposals for legislation; 

3 and 

4 (C) shall be considered in any rulemaking 

5 by the Department of Transportation that relates 

6 to the CSA program, including the SMS data 

7 sets or analysis. 

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

9 120 days after the Administrator issues a corrective action 

10 plan under subsection (d), the Inspector General of the De11 partment of Transportation shall— 

12 (1) review the extent to which such plan imple13 ments— 

14 (A) recommendations contained in the re15 port submitted under subsection (c); and 

16 (B) recommendations issued by the Comp17 troller General or the Inspector General before 

18 the date of enactment of this Act; and 

19 (2) submit a report to the Committee on Com20 merce, Science, and Transportation of the Senate and 

21 the Committee on Transportation and Infrastructure 

22 of the House of Representatives on the responsiveness 

23 of the corrective action plan to the recommendations 

24 described in paragraph (1). 


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1 (f) FISCAL LIMITATION.—The Administrator shall 

2 carry out the study required under this section using 

3 amounts appropriated to the Federal Motor Carrier Safety 

4 Administration and available for obligation and expendi5 ture as of the date of the enactment of this Act. 

6 SEC. 2002. SAFETY IMPROVEMENT METRICS. 

7 (a) IN GENERAL.—The Administrator shall incor8 porate a methodology into the CSA program or establish 

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

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

11 for safety technology, tools, programs, and systems approved 

12 by the Administrator through the qualification process de13 veloped under subsection (b) that exceed regulatory require14 ments or are used to enhance safety performance, includ15 ing— 

16 (1) the installation of qualifying advanced safety 

17 equipment, such as— 

18 (A) collision mitigation systems; 

19 (B) lane departure warnings; 

20 (C) speed limiters; 

21 (D) electronic logging devices; 

22 (E) electronic stability control; 

23 (F) critical event recorders; and 

24 (G) strengthening rear guards and 

25 sideguards for underride protection; 


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1 (2) the use of enhanced driver fitness measures 

2 that exceed current regulatory requirements, such 

3 as— 

4 (A) additional new driver training; 

5 (B) enhanced and ongoing driver training; 

6 and 

7 (C) remedial driver training to address spe8 cific deficiencies as identified in roadside inspec9 tion or enforcement reports; 

10 (3) the adoption of qualifying administrative 

11 fleet safety management tools technologies, driver per12 formance and behavior management technologies, and 

13 programs; and 

14 (4) technologies and measures identified through 

15 the process described in subsection (c). 

16 (b) QUALIFICATION.—The Administrator, through a 

17 notice and comment process, shall develop technical or other 

18 performance standards for technology, advanced safety 

19 equipment, enhanced driver fitness measures, tools, pro20 grams, or systems used by motor carriers that will qualify 

21 for credit under this section. 

22 (c) ADDITIONAL REQUIREMENTS.—In modifying the 

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

24 through notice and comment, shall develop a process for 

25 identifying and reviewing other technology, advanced safety 


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1 equipment, enhanced driver fitness measures, tools, pro2 grams, or systems used by motor carriers to improve safety 

3 performance that— 

4 (1) provides for a petition for reviewing tech5 nology, advanced safety equipment, enhanced driver 

6 fitness measures, tools, programs, or systems; 

7 (2) seeks input and participation from industry 

8 stakeholders, including drivers, technology manufac9 turers, vehicle manufacturers, motor carriers, enforce10 ment communities, and safety advocates, and the 

11 Motor Carrier Safety Advisory Committee; and 

12 (3) includes technology, advanced safety equip13 ment, enhanced driver fitness measures, tools, pro14 grams, or systems with a date certain for future stat15 utory or regulatory implementation. 

16 (d) SAFETY IMPROVEMENT METRICS USE AND

17 VERIFICATION.—The Administrator, through notice and 

18 comment process, shall develop a process for— 

19 (1) providing recognition or credit within a 

20 motor carrier’s SMS score for the installation and use 

21 of measures in paragraphs (1) through (4) of sub22 section (a); 

23 (2) ensuring that the safety improvement metrics 

24 developed under this section are presented with other 

25 SMS data; 


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1 (3) verifying the installation or use of such tech2 nology, advanced safety equipment, enhanced driver 

3 fitness measures, tools, programs, or systems; 

4 (4) modifying or removing recognition or credit 

5 upon verification of noncompliance with this section; 

6 (5) ensuring that the credits or recognition re7 ferred to in paragraph (1) reflect the safety improve8 ment anticipated as a result of the installation or use 

9 of the specific technology, advanced safety equipment, 

10 enhanced driver fitness measure, tool, program, or 

11 system; 

12 (6) verifying the deployment and use of quali13 fying equipment or management systems by a motor 

14 carrier through a certification from the vehicle manu15 facturer, the system or service provider, the insurance 

16 carrier, or through documents submitted by the motor 

17 carrier to the Department of Transportation; 

18 (7) annually reviewing the list of qualifying 

19 safety technology, advanced safety equipment, en20 hanced driver fitness measures, tools, programs, or 

21 systems; and 

22 (8) removing systems mandated by law or regu23 lation, or if such systems demonstrate a lack of effi24 cacy, from the list of qualifying technologies, ad25 vanced safety equipment, enhanced driver fitness 


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1 measures, tools, programs, or systems eligible for cred2 it under the CSA program. 

3 (e) DISSEMINATION OF INFORMATION.—The Adminis4 trator shall maintain a public website that contains infor5 mation regarding— 

6 (1) the technology, advanced safety equipment, 

7 enhanced driver fitness measures, tools, programs, or 

8 systems eligible for credit and improved scores; 

9 (2) any petitions for study of the technology, ad10 vanced safety equipment, enhanced driver fitness 

11 measures, tools, programs, or systems; and 

12 (3) statistics and information relating to the use 

13 of such technology, advanced safety equipment, en14 hanced driver fitness measures, tools, programs, or 

15 systems. 

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

17 establishment of the Safety Improvement Metrics System 

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

19 and annually thereafter, the Administrator shall publish, 

20 on a public website, a report that identifies— 

21 (1) the types of technology, advanced safety 

22 equipment, enhanced driver fitness measures, tools, 

23 programs, or systems that are eligible for credit; 


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1 (2) the number of instances in which each tech2 nology, advanced safety equipment, enhanced driver 

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

4 (3) the number of motor carriers, and a descrip5 tion of the carrier’s fleet size, that received recognition 

6 or credit under the modified CSA program; and 

7 (4) the pre- and post-adoption safety perform8 ance of the motor carriers described in paragraph (3). 

9 (g) IMPLEMENTATION AND OVERSIGHT RESPONSI10 BILITY.—The Administrator shall ensure that the activities 

11 described in subsections (a) through (f) of this section are 

12 not required under section 31102 of title 49, United States 

13 Code, as amended by this Act. 

14 (h) EVALUATION.— 

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

16 the implementation of SIMS under this section, the 

17 Administrator shall conduct an evaluation of the ef18 fectiveness of SIMS by reviewing the impacts of SIMS 

19 on— 

20 (A) law enforcement, commercial drivers 

21 and motor carriers, and motor carrier safety; 

22 and 

23 (B) safety and adoption of new technologies. 

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

25 implementation of the program, the Administrator 


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1 shall submit a report to the Committee on Commerce, 

2 Science, and Transportation of the Senate and the 

3 Committee on Transportation and Infrastructure of 

4 the House of Representatives that describes— 

5 (A) the results of the evaluation conducted 

6 under paragraph (1); and 

7 (B) the actions the Federal Motor Carrier 

8 Safety Administration plans to take to modify 

9 the demonstration program based on such re10 sults. 

11 (i) USE OF ESTIMATES OF SAFETY EFFECTS.—In con12 ducting regulatory impact analyses for rulemakings relat13 ing to the technology, advanced safety equipment, enhanced 

14 driver fitness measures, tools, programs, or systems selected 

15 for credit under the CSA program, the Administrator, to 

16 the extent practicable, shall use the data gathered under this 

17 section and appropriate statistical methodology, including 

18 sufficient sample sizes, composition, and appropriate com19 parison groups, including representative motor carriers of 

20 all sizes, to estimate the effects on safety performance and 

21 reduction in the number and severity of accidents with 

22 qualifying technology, advanced safety equipment, tools, 

23 programs, and systems. 

24 (j) SAVINGS PROVISION.—Nothing in this section may 

25 be construed to provide the Administrator with additional 


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1 authority to change the requirements for the operation of 

2 a commercial motor vehicle. 

3 SEC. 2003. DATA CERTIFICATION. 

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

5 after the date of enactment of this Act, none of the analysis 

6 of violation information, enforcement prioritization, not-at7 fault crashes, alerts, or the relative percentile for each Be8 havioral Analysis and Safety Improvement Category devel9 oped through the CSA program may be made available to 

10 the general public (including through requests under section 

11 552 of title 5, United States Code), but violation and in12 spection information submitted by the States may be pre13 sented until the Inspector General of the Department of 

14 Transportation certifies that— 

15 (1) any deficiencies identified in the correlation 

16 study required under section 2001 have been ad17 dressed; 

18 (2) the corrective action plan has been imple19 mented and the concerns raised by the correlation 

20 study under section 2001 have been addressed; 

21 (3) the Administrator has fully implemented or 

22 satisfactorily addressed the issues raised in the Feb23 ruary 2014 GAO report entitled ‘‘Modifying the Com24 pliance, Safety, Accountability Program Would Im25 prove the Ability to Identify High Risk Carriers’’ 


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1 (GAO–14–114), which called into question the accu2 racy and completeness of safety performance calcula3 tions; 

4 (4) the study required under section 2001 has 

5 been published on a public website; and 

6 (5) the CSA program has been modified in ac7 cordance with section 2002. 

8 (b) LIMITATION ON USE OF SMS DATA.—The analysis 

9 of violation information, enforcement prioritization, alerts, 

10 or the relative percentile for each Behavioral Analysis and 

11 Safety Improvement Category developed through the CSA 

12 program within the SMS system may not be used for safety 

13 fitness determinations until the requirements under sub14 section (a) have been satisfied. 

15 (c) EXCEPTIONS.— 

16 (1) IN GENERAL.—Notwithstanding the limita17 tions set forth in subsections (a) and (b)— 

18 (A) the Federal Motor Carrier Safety Ad19 ministration and State and local commercial 

20 motor vehicle enforcement agencies may only use 

21 the information referred to in subsection (a) for 

22 purposes of investigation and enforcement 

23 prioritization; and 

24 (B) motor carriers and commercial motor 

25 vehicle drivers may access information referred 


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1 to in subsection (a) that relates directly to the 

2 motor carrier or driver, respectively. 

3 (2) LIMITATION.—Nothing in subparagraphs (A) 

4 and (B) of paragraph (1) may be construed to restrict 

5 the official use by State enforcement agencies of the 

6 data collected by State enforcement personnel. 

7 (d) CERTIFICATION.—The certification process de8 scribed in subsection (a) shall occur concurrently with the 

9 implementation of SIMS under section 2002. 

10 SEC. 2004. DATA IMPROVEMENT. 

11 (a) FUNCTIONAL SPECIFICATIONS.—Not later than 

12 180 days after the date of enactment of this Act, the Admin13 istrator shall develop functional specifications to ensure the 

14 consistent and accurate input of data into systems and 

15 databases relating to the CSA program. 

16 (b) FUNCTIONALITY.—The specifications developed 

17 pursuant to subsection (a)— 

18 (1) shall provide for the hardcoding and smart 

19 logic functionality for roadside inspection data collec20 tion systems and databases; and 

21 (2) shall be made available to public and private 

22 sector developers. 

23 (c) EFFECTIVE DATA MANAGEMENT.—The Adminis24 trator shall ensure that internal systems and databases ac25 cept and effectively manage data using uniform standards. 


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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), the 

4 Administrator shall seek input from the State agencies re5 sponsible 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 dem9 onstration program that allows motor carriers and drivers 

10 to request a review of crashes, and the removal of crash data 

11 for use in the Federal Motor Carrier Safety Administra12 tion’s safety measurement system of crashes, and removal 

13 from any weighting, or carrier safety analysis, if the com14 mercial motor vehicle was operated legally and another mo15 torist in connection 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 have 

24 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 the 

8 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 Safety 

15 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 not to be respon22 sible for the crash incident, such information, shall be 

23 reflected on the website of the Federal Motor Carrier 

24 Safety Administration; and 


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1 (3) shall not be admitted as evidence or otherwise 

2 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 sec9 tion. 

10 (2) DISPOSITION OF FEES.—Fees collected under 

11 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 operation 

16 of the review program authorized under this sec17 tion. 

18 (g) REVIEW AND REPORT.—Not earlier than 2 years 

19 after the establishment of the demonstration program under 

20 this section, the Administrator shall— 

21 (1) conduct a review of the internal crash review 

22 program to determine if other crash types should be 

23 included; and 

24 (2) submit a report to Congress that describes— 

25 (A) the number of crashes reviewed; 


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1 (B) the number of crashes for which the 

2 commercial motor vehicle operator was deter3 mined not to be at fault; and 

4 (C) relevant information relating to the 

5 program, including the cost to operate the pro6 gram and the fee structure established. 

7 (h) IMPLEMENTATION AND OVERSIGHT RESPONSI8 BILITY.—The Administrator shall ensure that the activities 

9 described in subsections (a) through (d) of this section are 

10 not required under section 31102 of title 49, United States 

11 Code, as amended by this Act. 

12 SEC. 2006. POST-ACCIDENT REPORT REVIEW. 

13 (a) IN GENERAL.—Not later than 120 days after the 

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

15 a working group— 

16 (1) to review the data elements of post-accident 

17 reports, for tow-away accidents involving commercial 

18 motor vehicles, that are reported to the Federal Gov19 ernment; and 

20 (2) to report to the Secretary its findings and 

21 any recommendations, including best practices for 

22 State post-accident reports to achieve the data ele23 ments described in subsection (c). 

24 (b) COMPOSITION.—Not less than 51 percent of the 

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1 resenting the States or State law enforcement officials. The 

2 remaining members of the working group shall represent 

3 industry, labor, safety advocates, and other interested par4 ties. 

5 (c) CONSIDERATIONS.—The working group shall con6 sider requiring additional data elements, including— 

7 (1) the primary cause of the accident, if the pri8 mary cause can be determined; 

9 (2) the physical characteristics of the commercial 

10 motor vehicle and any other vehicle involved in the 

11 accident, including— 

12 (A) the vehicle configuration; 

13 (B) the gross vehicle weight if the weight 

14 can be readily determined; 

15 (C) the number of axles; and 

16 (D) the distance between axles, if the dis17 tance can be readily determined; and 

18 (3) any data elements that could contribute to 

19 the appropriate consideration of requests under sec20 tion 2005. 

21 (d) REPORT.—Not later than 1 year after the date of 

22 enactment of this Act, the Secretary shall— 

23 (1) review the findings of the working group; 

24 (2) identify the best practices for State post-acci25 dent reports that are reported to the Federal GovernVerDate Sep 11 2014 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00600 Fmt 6652 Sfmt 6203 E:\BILLS\S1732.RS S1732

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1 ment, including identifying the data elements that 

2 should be collected following a tow-away commercial 

3 motor vehicle accident; and 

4 (3) recommend to the States the adoption of new 

5 data elements to be collected following reportable com6 mercial motor vehicle accidents. 

7 SEC. 2007. RECOGNIZING EXCELLENCE IN SAFETY. 

8 (a) IN GENERAL.—The Administrator shall establish 

9 a program to publicly recognize motor carriers and drivers 

10 whose safety records and programs exceed compliance with 

11 the Federal Motor Carrier Safety Administration’s safety 

12 regulations and demonstrate clear and outstanding safety 

13 practices. 

14 (b) RESTRICTION.—The program established under 

15 subsection (a) may not be deemed to be an endorsement of, 

16 or a preference for, motor carriers or drivers recognized 

17 under the program. 

18 SEC. 2008. HIGH RISK CARRIER REVIEWS. 

19 (a) IN GENERAL.—After the completion of the certifi20 cation under section 2003 of this Act, and the establishment 

21 of the Safety Fitness Determination program, the Secretary 

22 shall ensure that a review is completed on each motor car23 rier that demonstrates through performance data that it 

24 poses the highest safety risk. At a minimum, a review shall 


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1 be conducted whenever a motor carrier is among the highest 

2 risk carriers for 4 consecutive months. 

3 (b) REPORT.—Not later than 180 days after the com4 pletion of the certification under section 2003 of this Act 

5 and the establishment of the Safety Fitness Determination 

6 program, the Secretary shall post on a public website a re7 port on the actions the Secretary has taken to comply with 

8 this section, including the number of high risk carriers 

9 identified and the high risk carriers reviewed. 

10 (c) CONFORMING AMENDMENT.—Section 4138 of the 

11 Safe, Accountable, Flexible, Efficient Transportation Eq12 uity Act: A Legacy for Users (49 U.S.C. 31144 note) is re13 pealed. 

14 PART II—INTERIM HIRING STANDARD 

15 SEC. 2101. DEFINITIONS. 

16 In this part: 

17 (1) ENTITY.—The term ‘‘entity’’ means a person 

18 acting as— 

19 (A) a shipper or a consignee; 

20 (B) a broker or a freight forwarder (as such 

21 terms are defined in section 13102 of title 49, 

22 United States Code); 

23 (C) a non-vessel-operating common carrier, 

24 an ocean freight forwarder, or an ocean trans25 portation intermediary (as such terms are deVerDate Sep 11 2014 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00602 Fmt 6652 Sfmt 6203 E:\BILLS\S1732.RS S1732

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1 fined in section 40102 of title 46, United States 

2 Code); 

3 (D) an indirect air carrier authorized to 

4 operate under a Standard Security Program ap5 proved by the Transportation Security Adminis6 tration; 

7 (E) a customs broker licensed in accordance 

8 with section 111.2 of title 19, Code of Federal 

9 Regulations; 

10 (F) an interchange motor carrier subject to 

11 paragraphs (1)(B) and (2) of section 13902(i); 

12 or 

13 (G) a warehouse (as defined in Article 7– 

14 102(13) of the Uniform Commercial Code). 

15 (2) MOTOR CARRIER.—The term ‘‘motor carrier’’ 

16 means a motor carrier (as that term is defined in sec17 tion 13102 of title 49, United States Code) that is 

18 subject to Federal motor carrier financial responsi19 bility and safety regulations. 

20 (3) STATE.—The term ‘‘State’’ means each of the 

21 50 States, a political subdivision of any such State, 

22 any intrastate agency, any other political agency of 

23 2 or more States, the District of Columbia, American 

24 Samoa, the Commonwealth of the Northern Mariana 


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1 Islands, the Commonwealth of Puerto Rico, Guam, 

2 and the Virgin Islands. 

3 SEC. 2102. NATIONAL HIRING STANDARDS FOR MOTOR CAR4 RIERS. 

5 (a) NATIONAL STANDARD.—Before tendering a ship6 ment, but not more than 35 days before the pickup of a 

7 shipment by the hired motor carrier, an entity shall verify 

8 that the motor carrier, at the time of such verification— 

9 (1) is registered with and authorized by the Fed10 eral Motor Carrier Safety Administration to operate 

11 as a motor carrier, if applicable; 

12 (2) has the minimum insurance coverage re13 quired by Federal law; and 

14 (3)(A) before the safety fitness determination reg15 ulations are issued, does not have an unsatisfactory 

16 safety fitness determination issued by the Federal 

17 Motor Carrier Safety Administration in force at the 

18 time of such verification; or 

19 (B) beginning on the date that safety fitness de20 termination regulations are implemented, does not 

21 have a safety fitness rating issued by the Federal 

22 Motor Carrier Safety Administration under such reg23 ulations that is the equivalent of the unsatisfactory 

24 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 viola3 tions may be admitted as evidence or otherwise used 

4 in a civil action for damages resulting from a claim 

5 of negligent selection or retention of such motor car6 rier against the entity. 

7 (2) EXCLUDED EVIDENCE.—All other motor car8 rier data created or maintained by the Federal Motor 

9 Carrier Safety Administration, including safety 

10 measurement system data or analysis of such data, 

11 may not be admitted into evidence in a case or pro12 ceeding in which it is asserted or alleged that an enti13 ty’s selection or retention of a motor carrier was neg14 ligent. 

15 (3) CESSATION OF EFFECTIVENESS.—Para16 graphs (1) and (2) of this subsection cease to be effec17 tive 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—Transparency and 

2 Accountability 

3 SEC. 2201. 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 the 

7 current minimum insurance requirements, the Secretary 

8 shall commence a rulemaking to determine whether to in9 crease the minimum levels of financial responsibility re10 quired under section 31139 of title 49, United States Code, 

11 for a motor carrier to transport property. 

12 (b) CONSIDERATIONS.—In considering a notice of pro13 posed rulemaking or final rule to increase the minimum 

14 levels of financial responsibility under subsection (a), the 

15 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 cur21 rent minimum levels of financial responsibility that 

22 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 rule7 making under subsection (a), the Secretary shall include in 

8 the rulemaking— 

9 (1) an estimate of the regulation’s impact on— 

10 (A) the safety of motor vehicle transpor11 tation; 

12 (B) the economic condition of the motor car13 rier industry, including small and minority 

14 motor carriers and independent owner-operators; 

15 (C) the ability of the insurance industry to 

16 provide the required amount of insurance; and 

17 (D) the ability of the minimum insurance 

18 level to cover the full cost of injuries, compen19 satory damages, and fatalities; and 

20 (2) an estimate of the effects an increase in the 

21 minimum levels of financial responsibility would 

22 have on— 

23 (A) small motor carriers; 


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1 (B) insurance premiums for motor carriers, 

2 including small and minority motor carriers 

3 and independent owner-operators; and 

4 (C) the availability of insurance to meet the 

5 minimum levels of financial responsibility. 

6 SEC. 2202. PETITIONS FOR REGULATORY RELIEF. 

7 (a) APPLICATIONS FOR REGULATORY RELIEF.—Not8 withstanding subpart C of part 381 of title 49, Code of Fed9 eral Regulations, the Secretary shall allow an applicant 

10 representing a class or group of motor carriers to apply 

11 for a specific exemption from any provision of the regula12 tions under part 395 of title 49, Code of Federal Regula13 tions, 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 after 

19 the date of receipt of an application for an exemption, 

20 the Secretary shall publish the application in the 

21 Federal Register and provide the public with an op22 portunity to comment. 

23 (3) PUBLIC COMMENT.— 

24 (A) IN GENERAL.—Each application shall 

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1 riod, but the Secretary may extend the oppor2 tunity for public comment for up to 60 days if 

3 it is a 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 re7 view all of the comments received. 

8 (4) DETERMINATION.—At the end of the 60-day 

9 period under paragraph (3)(B), the Secretary shall 

10 publish a determination in the Federal Register, in11 cluding— 

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 to 

18 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 im24 pacts of the request and may provide appropriate 

25 conditions or limitations on the use of the exemption. 


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1 (c) OPPORTUNITY FOR RESUBMISSION.—If an appli2 cation is denied and the applicant can reasonably address 

3 the reason for the denial, the Secretary may allow the motor 

4 carrier to resubmit the application. 

5 (d) PERIOD OF APPLICABILITY.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2) of this subsection and subsection (f), each 

8 exemption granted under this section shall be valid 

9 for a period of 5 years unless the Secretary identifies 

10 a compelling reason for a shorter exemption period. 

11 (2) RENEWAL.—At the end of the 5-year period 

12 under paragraph (1)— 

13 (A) the Secretary, at the Secretary’s discre14 tion, may renew the exemption for an additional 

15 5-year period; or 

16 (B) an applicant may apply under sub17 section (a) for a permanent exemption from each 

18 applicable provision of the regulations. 

19 (e) LIMITATION.—No exemption under this section 

20 may be granted to or used by any motor carrier that has 

21 an unsatisfactory or conditional safety fitness determina22 tion. 

23 (f) PERMANENT EXEMPTIONS.— 

24 (1) IN GENERAL.—The Secretary shall make per25 manent the following limited exceptions: 


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1 (A) Department of Defense Military Surface 

2 Deployment and Distribution Command trans3 port of weapons, munitions, and sensitive classi4 fied cargo as published in the Federal Register 

5 Volume 80 on April 16, 2015 (80 Fed. Reg. 

6 20556). 

7 (B) Department of Energy transport of se8 curity-sensitive radioactive materials as pub9 lished in the Federal Register Volume 80 on 

10 June 22, 2015 (80 Fed. Reg. 35703). 

11 (C) All motor carriers that transport haz12 ardous materials shipments requiring security 

13 plans under regulations of the Pipeline and Haz14 ardous Materials Safety Administration as pub15 lished in the Federal Register Volume 80 on May 

16 1, 2015 (80 Fed. Reg. 25004). 

17 (D) Perishable construction products as 

18 published in the Federal Register Volume 80 on 

19 April 2, 2015 (80 Fed. Reg. 17819). 

20 (E) Passenger vehicle record of duty status 

21 change as published in the Federal Register Vol22 ume 80 on June 4, 2015 (80 Fed. Reg. 31961). 

23 (F) Transport of commercial bee hives as 

24 published in the Federal Register Volume 80 on 

25 June 19, 2018. (80 Fed. Reg. 35425). 


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1 (G) All specialized carriers and drivers re2 sponsible for transporting loads requiring special 

3 permits as published in the Federal Register Vol4 ume 80 on June 18, 2015 (80 Fed. Reg. 34957). 

5 (H) Safe transport of livestock as published 

6 in the Federal Register Volume 80 on June 12, 

7 2015 (80 Fed. Reg. 33584). 

8 (2) ADDITIONAL EXEMPTIONS.—The Secretary 

9 may make any temporary exemption from any provi10 sion of the regulations under part 395 of title 49, 

11 Code of Federal Regulations, for commercial motor 

12 vehicle drivers that is in effect on the date of enact13 ment of this Act permanent if the Secretary deter14 mines that the permanent exemption will not degrade 

15 safety. The Secretary shall provide public notice and 

16 comment on a list of the additional temporary exemp17 tions to be made permanent under this paragraph. 

18 (3) REVOCATION OF EXEMPTIONS.—The Sec19 retary may revoke an exemption issued under this 

20 section if the Secretary can demonstrate that the ex21 emption has had a negative impact on safety. 

22 SEC. 2203. INSPECTOR STANDARDS. 

23 Not later than 90 days after the date of enactment of 

24 this Act, the Administrator of the Federal Motor Carrier 

25 Safety Administration shall revise the regulations under 


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1 part 385 of title 49, Code of Federal Regulations, as nec2 essary, to incorporate by reference the certification stand3 ards for roadside inspectors issued by the Commercial Vehi4 cle Safety Alliance. 

5 SEC. 2204. TECHNOLOGY IMPROVEMENTS. 

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

7 of enactment of this Act, the Government Accountability Of8 fice shall conduct a comprehensive analysis on the Federal 

9 Motor Carrier Safety Administration’s information tech10 nology and data collection and management systems. 

11 (b) REQUIREMENTS.—The study conducted under sub12 section (a) shall— 

13 (1) evaluate the efficacy of the existing informa14 tion technology, data collection, processing systems, 

15 and data management systems and programs, includ16 ing their interaction with each other and their effi17 cacy in meeting user needs; 

18 (2) identify any redundancies among the systems 

19 and programs described in paragraph (1); 

20 (3) explore the feasibility of consolidating data 

21 collection and processing systems; 

22 (4) evaluate the ability of the systems and pro23 grams described in paragraph (1) to meet the needs 

24 of— 


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1 (A) the Federal Motor Carrier Safety Ad2 ministration, at both the headquarters and State 

3 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 programs 

25 described in paragraph (1). 


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1 Subtitle C—Trucking Rules Up2 dated by Comprehensive and Key 

3 Safety Reform 

4 SEC. 2301. 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 thereafter 

7 until a final rule has been issued for each of the require8 ments described under paragraphs (1) through (5), the Ad9 ministrator of the Federal Motor Carrier Safety Adminis10 tration 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); 

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1 er subject to the hours of service and record of duty 

2 status requirements under part 395 of title 49, Code 

3 of Federal Regulations, be equipped with an electronic 

4 control module capable of limiting the maximum 

5 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 resource 

12 constraints, and any other details associated with the devel13 opment of the rulemaking. 

14 SEC. 2302. STATUTORY RULEMAKING. 

15 The Administrator of the Federal Motor Carrier Safety 

16 Administration shall prioritize the use of Federal Motor 

17 Carrier Safety Administration resources for the completion 

18 of each outstanding statutory requirement for a rulemaking 

19 before beginning any new rulemaking unless the Secretary 

20 certifies to Congress that there is an imminent and signifi21 cant safety need to move forward with a new rulemaking. 

22 SEC. 2303. GUIDANCE REFORM. 

23 (a) GUIDANCE.— 

24 (1) POINT OF CONTACT.—Each guidance docu25 ment, other than a regulatory action, issued by the 


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1 Federal Motor Carrier Safety Administration shall 

2 have a date of publication or a date of revision, as 

3 applicable, and the name and contact information of 

4 a point of contact at the Federal Motor Carrier Safe5 ty Administration who can respond to questions re6 garding the general applicability of the guidance. 

7 (2) PUBLIC ACCESSIBILITY.— 

8 (A) IN GENERAL.—Each guidance document 

9 and interpretation issued by the Federal Motor 

10 Carrier Safety Administration shall be published 

11 on the Department of Transportation’s public 

12 website on the date of issuance. 

13 (B) REDACTION.—The Administrator of the 

14 Federal Motor Carrier Safety Administration 

15 may redact from a guidance document or inter16 pretation under subparagraph (A) any informa17 tion that would reveal investigative techniques 

18 that would compromise Federal Motor Carrier 

19 Safety Administration enforcement efforts. 

20 (3) RULEMAKING.—Not later than 5 years after 

21 the date that a guidance document is published under 

22 paragraph (2) or during the comprehensive review 

23 under subsection (c), whichever is earlier, the Sec24 retary, in consultation with the Administrator, shall 


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1 revise the applicable regulations to incorporate the 

2 guidance document to the extent practicable. 

3 (4) REISSUANCE.—If a guidance document is 

4 not incorporated into the applicable regulations under 

5 paragraph (3), the Secretary shall— 

6 (A) reissue an updated guidance document; 

7 and 

8 (B) review and reissue an updated guidance 

9 document every 5 years during the comprehen10 sive review process under subsection (c) until the 

11 date that the guidance document is removed or 

12 incorporated into the applicable regulations 

13 under paragraph (3) of this subsection. 

14 (b) UPDATE.—Not later than 1 year after the date of 

15 enactment of this Act, the Secretary shall review regula16 tions, guidance, and enforcement policies published on the 

17 Department of Transportation’s public website to ensure the 

18 regulations, guidance, and enforcement policies are current, 

19 readily accessible to the public, and meet the standards 

20 under subsection (c)(1). 

21 (c) REVIEW.— 

22 (1) IN GENERAL.—Subject to paragraph (2), not 

23 less than once every 5 years, the Administrator of the 

24 Federal Motor Carrier Safety Administration shall 


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1 conduct a comprehensive review of its guidance and 

2 enforcement policies to determine whether— 

3 (A) the guidance and enforcement policies 

4 are consistent and clear; 

5 (B) the guidance is uniformly and consist6 ently enforceable; and 

7 (C) the guidance is still necessary. 

8 (2) NOTICE AND COMMENT.—Prior to beginning 

9 the review, the Administrator shall publish in the 

10 Federal Register a notice and request for comment so11 liciting input from stakeholders on which regulations 

12 should be updated or eliminated. 

13 (3) REPORT.—Not later than 60 days after the 

14 date that a review under paragraph (1) is complete, 

15 the Administrator shall publish on the Department of 

16 Transportation’s public website a report detailing the 

17 review and a full inventory of guidance and enforce18 ment policies. 

19 SEC. 2304. PETITIONS. 

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

21 Motor Carrier Safety Administration shall to the extent fea22 sible— 

23 (1) publish in the Federal Register or on the De24 partment of Transportation’s public website all peti25 tions 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 days 

6 after the date the petition is published under para7 graph (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 De12 partment of Transportation’s public website an in13 ventory of each petition described in paragraph (1), 

14 including any applicable disposition information for 

15 that petition. 

16 (b) DEFINITION OF PETITION.—In this section, the 

17 term ‘‘petition’’ means a request for new regulations, regu18 latory interpretations or clarifications, or retrospective re19 view of regulations to eliminate or modify obsolete, ineffec20 tive, or overly-burdensome rules. 

21 SEC. 2305. 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 the 


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1 Federal Motor Carrier Safety Administration, the 

2 Secretary shall— 

3 (A) consider effects of the proposed or final 

4 rule on a carrier with differing characteristics; 

5 and 

6 (B) formulate estimates and findings on the 

7 best available science. 

8 (2) SCOPE.—To the extent feasible and appro9 priate, and consistent with law, the analysis described 

10 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 States 

20 Code, if the proposed rule is likely to lead to the pro21 mulgation of a major rule the Secretary shall— 

22 (A) issue an advance notice of proposed 

23 rulemaking; or 

24 (B) determine to proceed with a negotiated 

25 rulemaking. 


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1 (2) REQUIREMENTS.—Each advance notice of 

2 proposed rulemaking issued under paragraph (1) 

3 shall— 

4 (A) identify the compelling public concern 

5 for a potential regulatory action, such as failures 

6 of private markets to protect or improve the safe7 ty of the public, the environment, or the well8 being of the American people; 

9 (B) identify and request public comment on 

10 the best available science or technical informa11 tion on the need for regulatory action and on the 

12 potential regulatory alternatives; 

13 (C) request public comment on the benefits 

14 and costs of potential regulatory alternatives 

15 reasonably likely to be included or analyzed as 

16 part of the notice of proposed rulemaking; and 

17 (D) request public comment on the available 

18 alternatives to direct regulation, including pro19 viding economic incentives to encourage the de20 sired behavior. 

21 (3) WAIVER.—This subsection shall not apply 

22 when the Secretary, for good cause, finds (and incor23 porates the finding and a brief statement of reasons 

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1 vance notice of proposed rulemaking impracticable, 

2 unnecessary, or contrary to the public interest. 

3 (c) SAVINGS CLAUSE.—Nothing in this section may be 

4 construed to limit the contents of any Advance Notice of 

5 Proposed Rulemaking. 

6 Subtitle D—State Authorities 

7 SEC. 2401. EMERGENCY ROUTE WORKING GROUP. 

8 (a) IN GENERAL.— 

9 (1) ESTABLISHMENT.—Not later than 1 year 

10 after the date of enactment of this Act, the Secretary 

11 shall establish a working group to determine best 

12 practices for expeditious State approval of special 

13 permits for vehicles involved in emergency response 

14 and recovery. 

15 (2) MEMBERS.—The working group shall include 

16 representatives from— 

17 (A) State highway transportation depart18 ments or agencies; 

19 (B) relevant modal agencies within the De20 partment of Transportation; 

21 (C) emergency response or recovery experts; 

22 (D) relevant safety groups; and 

23 (E) persons affected by special permit re24 strictions during emergency response and recov25 ery efforts. 


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1 (b) CONSIDERATIONS.—In determining best practices 

2 under subsection (a), the working group shall consider 

3 whether— 

4 (1) hurdles currently exist that prevent the expe5 ditious State approval for special permits for vehicles 

6 involved in emergency response and recovery; 

7 (2) it is possible to pre-identify and establish 

8 emergency routes between States through which infra9 structure repair materials could be delivered following 

10 a natural disaster or an emergency; 

11 (3) a State could pre-designate an emergency 

12 route identified under paragraph (1) as a certified 

13 emergency route if a motor vehicle that exceeds the 

14 otherwise applicable Federal and State truck length 

15 or width limits may safely operate along such route 

16 during period of emergency recovery; and 

17 (4) an online map could be created to identify 

18 each pre-designated emergency route under paragraph 

19 (2), including information on specific limitations, ob20 ligations, and notification requirements along that 

21 route. 

22 (c) REPORT.—Not later than 1 year after the date of 

23 enactment of this Act, the working group shall submit to 

24 the Secretary a report of its findings under this section and 

25 any recommendations for the implementation of the best 


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1 practices for expeditious State approval of special permits 

2 for vehicles involved in emergency recovery. Upon receipt, 

3 the Secretary shall publish the report on a public website. 

4 (d) FEDERAL ADVISORY COMMITTEE ACT EXEMP5 TION.—The Federal Advisory Committee Act (5 U.S.C. 

6 App.) shall not apply to the working group established 

7 under this section. 

8 SEC. 2402. ADDITIONAL STATE AUTHORITY. 

9 Notwithstanding any other provision of law, not later 

10 than 180 days after the date of enactment of this Act, any 

11 State impacted by section 4006 of the Intermodal Surface 

12 Transportation Efficiency Act of 1991 (Public Law 102– 

13 240; 105 Stat. 2148) shall be provided the option to update 

14 the routes listed in the final list as long as the update shifts 

15 routes to divided highways or does not increase centerline 

16 miles by more than 5 percent and the change is expected 

17 to increase safety performance. 

18 SEC. 2403. COMMERCIAL DRIVER ACCESS. 

19 (a) INTERSTATE COMPACT PILOT PROGRAM.— 

20 (1) IN GENERAL.—The Administrator of the Fed21 eral Motor Carrier Safety Administration shall estab22 lish a 6-year pilot program to study the feasibility, 

23 benefits, and safety impacts of allowing a licensed 

24 driver between the ages of 18 and 21 to operate a 

25 commercial motor vehicle in interstate commerce. 


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1 (2) INTERSTATE COMPACTS.—The Secretary 

2 shall allow States, including the District of Columbia, 

3 to enter into an interstate compact with contiguous 

4 States to allow a licensed driver between the ages of 

5 18 and 21 to operate a motor vehicle across the appli6 cable State lines. The Secretary shall approve as 

7 many as 6 interstate compacts, with no limit on the 

8 number of States participating in each interstate 

9 compact. 

10 (3) MUTUAL RECOGNITION OF LICENSES.—A 

11 valid intrastate commercial driver’s licenses issued by 

12 a State participating in an interstate compact under 

13 paragraph (2) shall be recognized as valid in each 

14 State that is participating in that interstate compact. 

15 (4) STANDARDS.—In developing an interstate 

16 compact under this subsection, participating States 

17 shall provide for minimum licensure standards ac18 ceptable for interstate travel under this section, which 

19 may include, for a licensed driver between the ages of 

20 18 and 21 participating in the pilot program— 

21 (A) age restrictions; 

22 (B) distance from origin (measured in air 

23 miles); 

24 (C) reporting requirements; or 

25 (D) additional hours of service restrictions. 


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1 (5) LIMITATIONS.—An interstate compact under 

2 paragraph (2) may not permit special configuration 

3 or hazardous cargo operations to be transported by a 

4 licensed driver under the age of 21. 

5 (6) ADDITIONAL REQUIREMENTS.—The Secretary 

6 may— 

7 (A) prescribe such additional requirements, 

8 including training, for a licensed driver between 

9 the ages of 18 and 21 participating in the pilot 

10 program as the Secretary considers necessary; 

11 and 

12 (B) provide risk mitigation restrictions and 

13 limitations. 

14 (b) APPROVAL.—An interstate compact under sub15 section (a)(2) may not go into effect until it has been ap16 proved by the governor of each State (or the Mayor of the 

17 District of Columbia, if applicable) that is a party to the 

18 interstate compact, after consultation with the Secretary of 

19 Transportation and the Administrator of the Federal Motor 

20 Carrier Safety Administration. 

21 (c) REPORT.—Not earlier than 4 years after the date 

22 the test program is established, the Secretary shall submit 

23 to Congress a report containing the findings of the pilot 

24 program, a determination of whether a licensed driver be25 tween the ages of 18 and 21 can operate a commercial motor 


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1 vehicle in interstate commerce with an equivalent level of 

2 safety, and the reasons for that determination. 

3 Subtitle E—Motor Carrier Safety 

4 Grant Consolidation 

5 SEC. 2501. DEFINITIONS. 

6 (a) IN GENERAL.—Section 31101 is amended— 

7 (1) by redesignating paragraph (4) as para8 graph (5); and 

9 (2) by inserting after paragraph (3) the fol10 lowing: 

11 ‘‘(4) ‘Secretary’ means the Secretary of Trans12 portation.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 Section 31101, as amended by subsection (a), is amended— 

15 (1) in paragraph (1)(B), by inserting a comma 

16 after ‘‘passengers’’; and 

17 (2) in paragraph (1)(C), by striking ‘‘of Trans18 portation’’. 

19 SEC. 2502. GRANTS TO STATES. 

20 (a) MOTOR CARRIER SAFETY ASSISTANCE PRO21 GRAM.—Section 31102 is amended to read as follows: 

22 ‘‘§ 31102. Motor Carrier Safety Assistance Program 

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

24 motor carrier safety assistance program funded under sec25 tion 31104. 


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1 ‘‘(b) GOAL.—The goal of the program is to ensure that 

2 the Secretary, States, local governments, other political ju3 risdictions, federally-recognized Indian tribes, and other 

4 persons work in partnership to establish programs to im5 prove motor carrier, commercial motor vehicle, and driver 

6 safety to support a safe and efficient surface transportation 

7 system— 

8 ‘‘(1) by making targeted investments to promote 

9 safe commercial motor vehicle transportation, includ10 ing the transportation of passengers and hazardous 

11 materials; 

12 ‘‘(2) by investing in activities likely to generate 

13 maximum reductions in the number and severity of 

14 commercial motor vehicle crashes and fatalities result15 ing from such crashes; 

16 ‘‘(3) by adopting and enforcing effective motor 

17 carrier, commercial motor vehicle, and driver safety 

18 regulations and practices consistent with Federal re19 quirements; and 

20 ‘‘(4) by assessing and improving statewide per21 formance by setting program goals and meeting per22 formance standards, measures, and benchmarks. 

23 ‘‘(c) STATE PLANS.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall prescribe 

25 procedures for a State to submit a multiple-year 


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1 plan, and annual updates thereto, under which the 

2 State agrees to assume responsibility for improving 

3 motor carrier safety, adopting and enforcing compat4 ible regulations, standards, and orders of the Federal 

5 Government on commercial motor vehicle safety and 

6 hazardous materials transportation safety. 

7 ‘‘(2) CONTENTS.—The Secretary shall approve a 

8 plan if the Secretary determines that the plan is ade9 quate to comply with the requirements of this section, 

10 and the plan— 

11 ‘‘(A) implements performance-based activi12 ties, including deployment and maintenance of 

13 technology to enhance the efficiency and effective14 ness of commercial motor vehicle safety pro15 grams; 

16 ‘‘(B) designates a lead State commercial 

17 motor vehicle safety agency responsible for ad18 ministering the plan throughout the State; 

19 ‘‘(C) contains satisfactory assurances that 

20 the lead State commercial motor vehicle safety 

21 agency has or will have the legal authority, re22 sources, and qualified personnel necessary to en23 force the regulations, standards, and orders; 

24 ‘‘(D) contains satisfactory assurances that 

25 the State will devote adequate resources to the 


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1 administration of the plan and enforcement of 

2 the regulations, standards, and orders; 

3 ‘‘(E) provides a right of entry and inspec4 tion to carry out the plan; 

5 ‘‘(F) provides that all reports required 

6 under this section be available to the Secretary 

7 on request; 

8 ‘‘(G) provides that the lead State commer9 cial motor vehicle safety agency will adopt the 

10 reporting requirements and use the forms for rec11 ordkeeping, inspections, and investigations that 

12 the Secretary prescribes; 

13 ‘‘(H) requires all registrants of commercial 

14 motor vehicles to demonstrate knowledge of ap15 plicable safety regulations, standards, and orders 

16 of the Federal Government and the State; 

17 ‘‘(I) provides that the State will grant max18 imum reciprocity for inspections conducted 

19 under the North American Inspection Standards 

20 through the use of a nationally-accepted system 

21 that allows ready identification of previously in22 spected commercial motor vehicles; 

23 ‘‘(J) ensures that activities described in sub24 section (h), if financed through grants to the 

25 State made under this section, will not diminish 


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1 the effectiveness of the development and imple2 mentation of the programs to improve motor car3 rier, commercial motor vehicle, and driver safety 

4 as described in subsection (b); 

5 ‘‘(K) ensures that the lead State commercial 

6 motor vehicle safety agency will coordinate the 

7 plan, data collection, and information systems 

8 with the State highway safety improvement pro9 gram required under section 148(c) of title 23; 

10 ‘‘(L) ensures participation in appropriate 

11 Federal Motor Carrier Safety Administration in12 formation technology and data systems and other 

13 information systems by all appropriate jurisdic14 tions receiving Motor Carrier Safety Assistance 

15 Program funding; 

16 ‘‘(M) ensures that information is exchanged 

17 among the States in a timely manner; 

18 ‘‘(N) provides satisfactory assurances that 

19 the State will undertake efforts that will empha20 size and improve enforcement of State and local 

21 traffic safety laws and regulations related to 

22 commercial motor vehicle safety; 

23 ‘‘(O) provides satisfactory assurances in the 

24 plan that the State will address national prior25 ities and performance goals, including— 


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1 ‘‘(i) activities aimed at removing im2 paired commercial motor vehicle drivers 

3 from the highways of the United States 

4 through adequate enforcement of regulations 

5 on the use of alcohol and controlled sub6 stances and by ensuring ready roadside ac7 cess to alcohol detection and measuring 

8 equipment; 

9 ‘‘(ii) activities aimed at providing an 

10 appropriate level of training to State motor 

11 carrier safety assistance program officers 

12 and employees on recognizing drivers im13 paired by alcohol or controlled substances; 

14 and 

15 ‘‘(iii) when conducted with an appro16 priate commercial motor vehicle inspection, 

17 criminal interdiction activities, and appro18 priate strategies for carrying out those 

19 interdiction activities, including interdic20 tion activities that affect the transportation 

21 of controlled substances (as defined under 

22 section 102 of the Comprehensive Drug 

23 Abuse Prevention and Control Act of 1970 

24 (21 U.S.C. 802) and listed in part 1308 of 

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1 dated and republished from time to time) 

2 by any occupant of a commercial motor ve3 hicle; 

4 ‘‘(P) provides that the State has established 

5 and dedicated sufficient resources to a program 

6 to ensure that— 

7 ‘‘(i) the State collects and reports to 

8 the Secretary accurate, complete, and timely 

9 motor carrier safety data; and 

10 ‘‘(ii) the State participates in a na11 tional motor carrier safety data correction 

12 system prescribed by the Secretary; 

13 ‘‘(Q) ensures that the State will cooperate 

14 in the enforcement of financial responsibility re15 quirements under sections 13906, 31138, and 

16 31139 of this title, and regulations issued under 

17 these sections; 

18 ‘‘(R) ensures consistent, effective, and rea19 sonable sanctions; 

20 ‘‘(S) ensures that roadside inspections will 

21 be conducted at locations that are adequate to 

22 protect the safety of drivers and enforcement per23 sonnel; 

24 ‘‘(T) provides that the State will include in 

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1 tion to drive both noncommercial motor vehicles 

2 and commercial motor vehicles information on 

3 best practices for driving safely in the vicinity of 

4 noncommercial and commercial motor vehicles; 

5 ‘‘(U) provides that the State will enforce the 

6 registration requirements of sections 13902 and 

7 31134 of this title by prohibiting the operation 

8 of any vehicle discovered to be operated by a 

9 motor carrier without a registration issued 

10 under those sections or to be operated beyond the 

11 scope of the motor carrier’s registration; 

12 ‘‘(V) provides that the State will conduct 

13 comprehensive and highly visible traffic enforce14 ment and commercial motor vehicle safety in15 spection programs in high-risk locations and cor16 ridors; 

17 ‘‘(W) except in the case of an imminent 

18 hazard or obvious safety hazard, ensures that an 

19 inspection of a vehicle transporting passengers 

20 for a motor carrier of passengers is conducted at 

21 a station, terminal, border crossing, maintenance 

22 facility, destination, or other location where ade23 quate food, shelter, and sanitation facilities are 

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1 modations are available for passengers with dis2 abilities; 

3 ‘‘(X) ensures that the State will transmit to 

4 its roadside inspectors the notice of each Federal 

5 exemption granted under section 31315(b) of this 

6 title and sections 390.23 and 390.25 of title 49 

7 of the Code of Federal Regulations and provided 

8 to the State by the Secretary, including the name 

9 of the person granted the exemption and any 

10 terms and conditions that apply to the exemp11 tion; 

12 ‘‘(Y) except as provided in subsection (d), 

13 provides that the State— 

14 ‘‘(i) will conduct safety audits of inter15 state and, at the State’s discretion, intra16 state new entrant motor carriers under sec17 tion 31144(g) of this title; and 

18 ‘‘(ii) if the State authorizes a third 

19 party to conduct safety audits under section 

20 31144(g) on its behalf, the State verifies the 

21 quality of the work conducted and remains 

22 solely responsible for the management and 

23 oversight of the activities; 

24 ‘‘(Z) provides that the State agrees to fully 

25 participate in the performance and registration 


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1 information system management under section 

2 31106(b) not later than October 1, 2020, by com3 plying with the conditions for participation 

4 under paragraph (3) of that section; 

5 ‘‘(AA) provides that a State that shares a 

6 land border with another country— 

7 ‘‘(i) will conduct a border commercial 

8 motor vehicle safety program focusing on 

9 international commerce that includes en10 forcement and related projects; or 

11 ‘‘(ii) will forfeit all funds calculated by 

12 the Secretary based on border-related activi13 ties if the State declines to conduct the pro14 gram described in clause (i) in its plan; 

15 and 

16 ‘‘(BB) provides that a State that meets the 

17 other requirements of this section and agrees to 

18 comply with the requirements established in sub19 section (l)(3) may fund operation and mainte20 nance costs associated with innovative technology 

21 deployment under subsection (l)(3) with Motor 

22 Carrier Safety Assistance Program funds author23 ized under section 31104(a)(1). 

24 ‘‘(3) PUBLICATION.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary shall publish each ap3 proved State multiple-year plan, and each an4 nual update thereto, on the Department of 

5 Transportation’s public website not later than 30 

6 days after the date the Secretary approves the 

7 plan or update. 

8 ‘‘(B) LIMITATION.—Before posting an ap9 proved State multiple-year plan or annual up10 date under subparagraph (A), the Secretary shall 

11 redact any information identified by the State 

12 that, if disclosed— 

13 ‘‘(i) would reasonably be expected to 

14 interfere with enforcement proceedings; or 

15 ‘‘(ii) would reveal enforcement tech16 niques or procedures that would reasonably 

17 be expected to risk circumvention of the law. 

18 ‘‘(d) EXCLUSION OF U.S. TERRITORIES.—The require19 ment that a State conduct safety audits of new entrant 

20 motor carriers under subsection (c)(2)(Y) does not apply 

21 to a territory of the United States unless required by the 

22 Secretary. 

23 ‘‘(e) INTRASTATE COMPATIBILITY.—The Secretary 

24 shall prescribe regulations specifying tolerance guidelines 

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1 mercial motor vehicle safety laws, including regulations, 

2 with Federal motor carrier safety regulations to be enforced 

3 under subsections (b) and (c). To the extent practicable, the 

4 guidelines and standards shall allow for maximum flexi5 bility while ensuring a degree of uniformity that will not 

6 diminish motor vehicle safety. 

7 ‘‘(f) MAINTENANCE OF EFFORT.— 

8 ‘‘(1) BASELINE.—Except as provided under 

9 paragraphs (2) and (3) and in accordance with sec10 tion 2508 of the Comprehensive Transportation and 

11 Consumer Protection Act of 2015, a State plan under 

12 subsection (c) shall provide that the total expenditure 

13 of amounts of the lead State commercial motor vehicle 

14 safety agency responsible for administering the plan 

15 will be maintained at a level each fiscal year at least 

16 equal to— 

17 ‘‘(A) the average level of that expenditure 

18 for fiscal years 2004 and 2005; or 

19 ‘‘(B) the level of that expenditure for the 

20 year in which the Secretary implements a new 

21 allocation formula under section 2508 of the 

22 Comprehensive Transportation and Consumer 

23 Protection Act of 2015. 

24 ‘‘(2) ADJUSTED BASELINE AFTER FISCAL YEAR

25 2017.—At the request of a State, the Secretary may 


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1 evaluate additional documentation related to the 

2 maintenance of effort and may make reasonable ad3 justments to the maintenance of effort baseline after 

4 the year in which the Secretary implements a new al5 location formula under section 2508 of the Com6 prehensive Transportation and Consumer Protection 

7 Act of 2015, and this adjusted baseline will replace 

8 the maintenance of effort requirement under para9 graph (1). 

10 ‘‘(3) WAIVERS.—At the request of a State, the 

11 Secretary may waive or modify the requirements of 

12 this subsection for 1 fiscal year if the Secretary deter13 mines that a waiver or modification is reasonable, 

14 based on circumstances described by the State, to en15 sure the continuation of commercial motor vehicle en16 forcement activities in the State. 

17 ‘‘(4) LEVEL OF STATE EXPENDITURES.—In esti18 mating the average level of State expenditure under 

19 paragraph (1), the Secretary— 

20 ‘‘(A) may allow the State to exclude State 

21 expenditures for Federally-sponsored demonstra22 tion and pilot programs and strike forces; 

23 ‘‘(B) may allow the State to exclude expend24 itures for activities related to border enforcement 

25 and new entrant safety audits; and 


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1 ‘‘(C) shall require the State to exclude State 

2 matching amounts used to receive Federal fi3 nancing under section 31104. 

4 ‘‘(g) USE OF UNIFIED CARRIER REGISTRATION FEES

5 AGREEMENT.—Amounts generated under section 14504a of 

6 this title and received by a State and used for motor carrier 

7 safety purposes may be included as part of the State’s 

8 match required under section 31104 of this title or mainte9 nance of effort required by subsection (f) of this section. 

10 ‘‘(h) USE OF GRANTS TO ENFORCE OTHER LAWS.— 

11 When approved in the States’ plan under subsection (c), 

12 a State may use Motor Carrier Safety Assistance Program 

13 funds received under this section— 

14 ‘‘(1) if the activities are carried out in conjunc15 tion with an appropriate inspection of a commercial 

16 motor vehicle to enforce Federal or State commercial 

17 motor vehicle safety regulations, for— 

18 ‘‘(A) enforcement of commercial motor vehi19 cle size and weight limitations at locations, ex20 cluding fixed weight facilities, such as near steep 

21 grades or mountainous terrains, where the 

22 weight of a commercial motor vehicle can signifi23 cantly affect the safe operation of the vehicle, or 

24 at ports where intermodal shipping containers 

25 enter and leave the United States; and 


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1 ‘‘(B) detection of and enforcement actions 

2 taken as a result of criminal activity, including 

3 the trafficking of human beings, in a commercial 

4 motor vehicle or by any occupant, including the 

5 operator, of the commercial motor vehicle; 

6 ‘‘(2) for documented enforcement of State traffic 

7 laws and regulations designed to promote the safe op8 eration of commercial motor vehicles, including docu9 mented enforcement of such laws and regulations re10 lating to noncommercial motor vehicles when nec11 essary to promote the safe operation of commercial 

12 motor vehicles, if— 

13 ‘‘(A) the number of motor carrier safety ac14 tivities, including roadside safety inspections, 

15 conducted in the State is maintained at a level 

16 at least equal to the average level of such activi17 ties conducted in the State in fiscal years 2004 

18 and 2005; and 

19 ‘‘(B) the State does not use more than 10 

20 percent of the basic amount the State receives 

21 under a grant awarded under section 

22 31104(a)(1) for enforcement activities relating to 

23 noncommercial motor vehicles necessary to pro24 mote the safe operation of commercial motor ve25 hicles unless the Secretary determines that a 


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1 higher percentage will result in significant in2 creases in commercial motor vehicle safety; and 

3 ‘‘(3) for the enforcement of household goods regu4 lations on intrastate and interstate carriers if the 

5 State has adopted laws or regulations compatible 

6 with the Federal household goods regulations. 

7 ‘‘(i) EVALUATION OF PLANS AND AWARD OF

8 GRANTS.— 

9 ‘‘(1) AWARDS.—The Secretary shall establish cri10 teria for the application, evaluation, and approval of 

11 State plans under this section. Subject to subsection 

12 (j), the Secretary may allocate the amounts made 

13 available under section 31104(a)(1) among the States. 

14 ‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 

15 disapproves a plan under this section, the Secretary 

16 shall give the State a written explanation of the rea17 sons for disapproval and allow the State to modify 

18 and resubmit the plan for approval. 

19 ‘‘(j) ALLOCATION OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—The Secretary, by regulation, 

21 shall prescribe allocation criteria for funds made 

22 available under section 31104(a)(1). 

23 ‘‘(2) ANNUAL ALLOCATIONS.—On October 1 of 

24 each fiscal year, or as soon as practicable thereafter, 

25 and after making a deduction under section 31104(c), 


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1 the Secretary shall allocate amounts made available 

2 in section 31104(a)(1) to carry out this section for the 

3 fiscal year among the States with plans approved 

4 under this section in accordance with the criteria 

5 under paragraph (1). 

6 ‘‘(3) ELECTIVE ADJUSTMENTS.—Subject to the 

7 availability of funding and notwithstanding fluctua8 tions in the data elements used by the Secretary to 

9 calculate the annual allocation amounts, after the cre10 ation of a new allocation formula under section 2508 

11 of the Comprehensive Transportation and Consumer 

12 Protection Act of 2015 the Secretary may not make 

13 elective adjustments to the allocation formula that de14 crease a State’s Federal funding levels by more than 

15 3 percent in a fiscal year. The 3 percent limit shall 

16 not apply to the withholding provisions of subsection 

17 (k). 

18 ‘‘(k) PLAN MONITORING.— 

19 ‘‘(1) IN GENERAL.—On the basis of reports sub20 mitted by the lead State agency responsible for ad21 ministering an approved State plan and an inves22 tigation by the Secretary, the Secretary shall periodi23 cally evaluate State implementation of and compli24 ance with the State plan. 

25 ‘‘(2) WITHHOLDING OF FUNDS.— 


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1 ‘‘(A) DISAPPROVAL.—If, after notice and an 

2 opportunity to be heard, the Secretary finds that 

3 the State plan previously approved is not being 

4 followed or has become inadequate to ensure en5 forcement of the regulations, standards, or or6 ders, or the State is otherwise not in compliance 

7 with the requirements of this section, the Sec8 retary may withdraw approval of the plan and 

9 notify the State. The plan is no longer in effect 

10 once the State receives notice, and the Secretary 

11 shall withhold all funding under this section. 

12 ‘‘(B) NONCOMPLIANCE WITHHOLDING.—In 

13 lieu of withdrawing approval of the plan, the 

14 Secretary may, after providing notice and an 

15 opportunity to be heard, withhold funding from 

16 the State to which the State would otherwise be 

17 entitled under this section for the period of the 

18 State’s noncompliance. In exercising this option, 

19 the Secretary may withhold— 

20 ‘‘(i) up to 5 percent of funds during 

21 the fiscal year that the Secretary notifies 

22 the State of its noncompliance; 

23 ‘‘(ii) up to 10 percent of funds for the 

24 first full fiscal year of noncompliance; 


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1 ‘‘(iii) up to 25 percent of funds for the 

2 second full fiscal year of noncompliance; 

3 and 

4 ‘‘(iv) not more than 50 percent of 

5 funds for the third and any subsequent full 

6 fiscal year of noncompliance. 

7 ‘‘(3) JUDICIAL REVIEW.—A State adversely af8 fected by a determination under paragraph (2) may 

9 seek judicial review under chapter 7 of title 5. Not10 withstanding the disapproval of a State plan under 

11 paragraph (2)(A) or the withholding under para12 graph (2)(B), the State may retain jurisdiction in an 

13 administrative or a judicial proceeding that com14 menced before the notice of disapproval or with15 holding if the issues involved are not related directly 

16 to the reasons for the disapproval or withholding. 

17 ‘‘(l) HIGH PRIORITY FINANCIAL ASSISTANCE PRO18 GRAM.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall admin20 ister a high priority financial assistance program 

21 funded under section 31104 for the purposes described 

22 in paragraphs (2) and (3). 

23 ‘‘(2) ACTIVITIES RELATED TO MOTOR CARRIER

24 SAFETY.—The purpose of this paragraph is to make 

25 discretionary grants to and cooperative agreements 


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1 with States, local governments, federally-recognized 

2 Indian tribes, other political jurisdictions as nec3 essary, and any person to carry out high priority ac4 tivities and projects that augment motor carrier safe5 ty activities and projects planned in accordance with 

6 subsections (b) and (c), including activities and 

7 projects that— 

8 ‘‘(A) increase public awareness and edu9 cation on commercial motor vehicle safety; 

10 ‘‘(B) target unsafe driving of commercial 

11 motor vehicles and non-commercial motor vehi12 cles in areas identified as high risk crash cor13 ridors; 

14 ‘‘(C) support the enforcement of State house15 hold goods regulations on intrastate and inter16 state carriers if the State has adopted laws or 

17 regulations compatible with the Federal house18 hold good laws; 

19 ‘‘(D) improve the safe and secure movement 

20 of hazardous materials; 

21 ‘‘(E) improve safe transportation of goods 

22 and persons in foreign commerce; 

23 ‘‘(F) demonstrate new technologies to im24 prove commercial motor vehicle safety; 


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1 ‘‘(G) support participation in performance 

2 and registration information systems manage3 ment under section 31106(b)— 

4 ‘‘(i) for entities not responsible for sub5 mitting the plan under subsection (c); or 

6 ‘‘(ii) for entities responsible for submit7 ting the plan under subsection (c)— 

8 ‘‘(I) before October 1, 2020, to 

9 achieve compliance with the require10 ments of participation; and 

11 ‘‘(II) beginning on October 1, 

12 2020, or once compliance is achieved, 

13 whichever is sooner, for special initia14 tives or projects that exceed routine op15 erations required for participation; 

16 ‘‘(H) conduct safety data improvement 

17 projects— 

18 ‘‘(i) that complete or exceed the re19 quirements under subsection (c)(2)(P) for 

20 entities not responsible for submitting the 

21 plan under subsection (c); or 

22 ‘‘(ii) that exceed the requirements 

23 under subsection (c)(2)(P) for entities re24 sponsible for submitting the plan under sub25 section (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 es7 tablish 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 systems 

12 and networks. 

13 ‘‘(B) PURPOSES.—The purposes of the pro14 gram 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, in19 cluding commercial motor vehicle, commer20 cial driver, and carrier-specific information 

21 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 at 

17 the State level that need to be refined, re18 vised, upgraded, or built to accomplish de19 ployment of commercial motor vehicle infor20 mation systems and networks capabilities; 

21 ‘‘(ii) certify to the Secretary that its 

22 commercial motor vehicle information sys23 tems and networks deployment activities, 

24 including hardware procurement, software 


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1 and system development, and infrastructure 

2 modifications— 

3 ‘‘(I) are consistent with the na4 tional intelligent transportation sys5 tems and commercial motor vehicle in6 formation systems and networks archi7 tectures and available standards; and 

8 ‘‘(II) promote interoperability 

9 and efficiency to the extent practicable; 

10 and 

11 ‘‘(iii) agree to execute interoperability 

12 tests developed by the Federal Motor Carrier 

13 Safety Administration to verify that its sys14 tems conform with the national intelligent 

15 transportation systems architecture, appli16 cable standards, and protocols for commer17 cial motor vehicle information systems and 

18 networks. 

19 ‘‘(D) USE OF FUNDS.—Grant funds may be 

20 used— 

21 ‘‘(i) for deployment activities and ac22 tivities to develop new and innovative ad23 vanced technology solutions that support 

24 commercial motor vehicle information sys25 tems and networks; 


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1 ‘‘(ii) for planning activities, including 

2 the development or updating of program or 

3 top level design plans in order to become el4 igible or maintain eligibility under sub5 paragraph (C); and 

6 ‘‘(iii) for the operation and mainte7 nance costs associated with innovative tech8 nology. 

9 ‘‘(E) SECRETARY AUTHORIZATION.—The 

10 Secretary is authorized to award a State fund11 ing for the operation, and maintenance costs as12 sociated with innovative technology deployment 

13 with funds made available under both sections 

14 31104(a)(1) and 31104(a)(2) of this title.’’. 

15 (b) COMMERCIAL MOTOR VEHICLE OPERATORS GRANT

16 PROGRAM.—Section 31103 is amended to read as follows: 

17 ‘‘§ 31103. Commercial Motor Vehicle Operators Grant 

18 Program 

19 ‘‘(a) IN GENERAL.—The Secretary shall administer a 

20 commercial motor vehicle operators grant program funded 

21 under section 31104. 

22 ‘‘(b) PURPOSE.—The purpose of the grant program is 

23 to train individuals in the safe operation of commercial 

24 motor vehicles (as defined in section 31301).’’. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 31104 is amended to read as follows: 

3 ‘‘§ 31104. Authorization of appropriations 

4 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol5 lowing sums are authorized to be appropriated from the 

6 Highway Trust Fund for the following Federal Motor Car7 rier Safety Administration Financial Assistance Programs: 

8 ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO9 GRAM.—Subject to paragraph (2) of this subsection 

10 and subsection (c) of this section, to carry out section 

11 31102— 

12 ‘‘(A) $295,636,000 for fiscal year 2017; 

13 ‘‘(B) $301,845,000 for fiscal year 2018; 

14 ‘‘(C) $308,183,000 for fiscal year 2019; 

15 ‘‘(D) $314,655,000 for fiscal year 2020; and 

16 ‘‘(E) $321,263,000 for fiscal year 2021. 

17 ‘‘(2) HIGH PRIORITY ACTIVITIES FINANCIAL AS18 SISTANCE PROGRAM.—Subject to subsection (c), to 

19 make grants and cooperative agreements under sec20 tion 31102(l) of this title, the Secretary may set aside 

21 from amounts made available under paragraph (1) of 

22 this subsection up to— 

23 ‘‘(A) $42,323,000 for fiscal year 2017; 

24 ‘‘(B) $43,212,000 for fiscal year 2018; 

25 ‘‘(C) $44,119,000 for fiscal year 2019; 


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1 ‘‘(D) $45,046,000 for fiscal year 2020; and 

2 ‘‘(E) $45,992,000 for fiscal year 2021. 

3 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

4 GRANT PROGRAM.—To carry out section 31103— 

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

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

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

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

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

10 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

11 IMPLEMENTATION FINANCIAL ASSISTANCE PRO12 GRAM.—Subject to subsection (c), to carry out section 

13 31313— 

14 ‘‘(A) $31,273,000 for fiscal year 2017; 

15 ‘‘(B) $31,930,000 for fiscal year 2018; 

16 ‘‘(C) $32,600,000 for fiscal year 2019; 

17 ‘‘(D) $33,285,000 for fiscal year 2020; and 

18 ‘‘(E) $33,984,000 for fiscal year 2021. 

19 ‘‘(b) REIMBURSEMENT AND PAYMENT TO RECIPIENTS

20 FOR GOVERNMENT SHARE OF COSTS.— 

21 ‘‘(1) IN GENERAL.—Amounts made available 

22 under subsection (a) shall be used to reimburse finan23 cial assistance recipients proportionally for the Fed24 eral Government’s share of the costs incurred. 


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1 ‘‘(2) REIMBURSEMENT AMOUNTS.—The Secretary 

2 shall reimburse a recipient, in accordance with a fi3 nancial assistance agreement made under section 

4 31102, 31103, or 31313, an amount that is at least 

5 85 percent of the costs incurred by the recipient in a 

6 fiscal year in developing and implementing programs 

7 under these sections. The Secretary shall pay the re8 cipient an amount not more than the Federal Govern9 ment share of the total costs approved by the Federal 

10 Government in the financial assistance agreement. 

11 The Secretary shall include a recipient’s in-kind con12 tributions in determining the reimbursement. 

13 ‘‘(3) VOUCHERS.—Each recipient shall submit 

14 vouchers at least quarterly for costs the recipient in15 curs in developing and implementing programs under 

16 section 31102, 31103, or 31313. 

17 ‘‘(c) DEDUCTIONS FOR PARTNER TRAINING AND PRO18 GRAM SUPPORT.—On October 1 of each fiscal year, or as 

19 soon after that date as practicable, the Secretary may de20 duct from amounts made available under paragraphs (1), 

21 (2), and (4) of subsection (a) for that fiscal year not more 

22 than 1.50 percent of those amounts for partner training and 

23 program support in that fiscal year. The Secretary shall 

24 use at least 75 percent of those deducted amounts to train 


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1 non-Federal Government employees and to develop related 

2 training materials in carrying out these programs. 

3 ‘‘(d) GRANTS AND COOPERATIVE AGREEMENTS AS

4 CONTRACTUAL OBLIGATIONS.—The approval of a financial 

5 assistance agreement by the Secretary under section 31102, 

6 31103, or 31313 is a contractual obligation of the Federal 

7 Government for payment of the Federal Government’s share 

8 of costs in carrying out the provisions of the grant or coop9 erative agreement. 

10 ‘‘(e) ELIGIBLE ACTIVITIES.—The Secretary shall es11 tablish criteria for eligible activities to be funded with fi12 nancial assistance agreements under this section and pub13 lish those criteria in a notice of funding availability before 

14 the financial assistance program application period. 

15 ‘‘(f) PERIOD OF AVAILABILITY OF FINANCIAL ASSIST16 ANCE AGREEMENT FUNDS FOR RECIPIENT EXPENDI17 TURES.— 

18 ‘‘(1) IN GENERAL.—The period of availability 

19 for a recipient to expend a grant or cooperative agree20 ment authorized under subsection (a) is as follows: 

21 ‘‘(A) For grants made for carrying out sec22 tion 31102, other than section 31102(l), for the 

23 fiscal year in which it is obligated and for the 

24 next fiscal year. 


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1 ‘‘(B) For grants or cooperative agreements 

2 made for carrying out section 31102(l)(2), for 

3 the fiscal year in which it is obligated and for 

4 the next 2 fiscal years. 

5 ‘‘(C) For grants made for carrying out sec6 tion 31102(l)(3), for the fiscal year in which it 

7 is obligated and for the next 4 fiscal years. 

8 ‘‘(D) For grants made for carrying out sec9 tion 31103, for the fiscal year in which it is obli10 gated and for the next fiscal year. 

11 ‘‘(E) For grants or cooperative agreements 

12 made for carrying out 31313, for the fiscal year 

13 in which it is obligated and for the next 4 fiscal 

14 years. 

15 ‘‘(2) REOBLIGATION.—Amounts not expended by 

16 a recipient during the period of availability shall be 

17 released back to the Secretary for reobligation for any 

18 purpose under sections 31102, 31103, 31104, and 

19 31313 in accordance with subsection (i) of this sec20 tion. 

21 ‘‘(g) CONTRACT AUTHORITY; INITIAL DATE OF AVAIL22 ABILITY.—Amounts authorized from the Highway Trust 

23 Fund by this section shall be available for obligation on 

24 the date of their apportionment or allocation or on October 


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1 1 of the fiscal year for which they are authorized, whichever 

2 occurs first. 

3 ‘‘(h) AVAILABILITY OF FUNDING.—Amounts made 

4 available under this section shall remain available until ex5 pended. 

6 ‘‘(i) TRANSFER OF OBLIGATION AUTHORITY.— 

7 ‘‘(1) IN GENERAL.—Of the contract authority au8 thorized for motor carrier safety grants, the Secretary 

9 shall have authority to transfer available unobligated 

10 contract authority and associated liquidating cash 

11 within or between Federal financial assistance pro12 grams authorized under this section and make new 

13 Federal financial assistance awards under this sec14 tion. 

15 ‘‘(2) COST ESTIMATES.—Of the funds trans16 ferred, the contract authority and associated liqui17 dating cash or obligations and expenditures stemming 

18 from Federal financial assistance awards made with 

19 this contract authority shall not be scored as new ob20 ligations by the Congressional Budget Office or by the 

21 Secretary. 

22 ‘‘(3) NO LIMITATION ON TOTAL OF OBLIGA23 TIONS.—Notwithstanding any other provision of law, 

24 no limitation on the total of obligations for Federal 

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1 eral Motor Carrier Safety Administration under this 

2 section shall apply to unobligated funds transferred 

3 under this subsection.’’. 

4 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 (1) SAFETY FITNESS OF OWNERS AND OPERATOR; 

6 SAFETY REVIEWS OF NEW OPERATORS.—Section 

7 31144(g) is amended— 

8 (A) by striking paragraph (5); and 

9 (B) by redesignating paragraph (6) as 

10 paragraph (5). 

11 (2) INFORMATION SYSTEMS; PERFORMANCE AND

12 REGISTRATION INFORMATION PROGRAM.—Section 

13 31106(b) is amended by striking paragraph (4). 

14 (3) BORDER ENFORCEMENT GRANTS.—Section 

15 31107 is repealed. 

16 (4) PERFORMANCE AND REGISTRATION INFORMA17 TION SYSTEM MANAGEMENT.—Section 31109 is re18 pealed. 

19 (5) TABLE OF CONTENTS.—The table of contents 

20 of chapter 311 is amended— 

21 (A) by striking the items relating to 31107 

22 and 31109; and 

23 (B) by striking the items relating to sections 

24 31102, 31103, and 31104 and inserting the fol25 lowing: 

‘‘31102. Motor Carrier Safety Assistance Program. 


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‘‘31103. Commercial Motor Vehicle Operators Grant Program. 

‘‘31104. Authorization of appropriations.’’. 

1 (6) GRANTS FOR COMMERCIAL DRIVER’S LICENSE

2 PROGRAM IMPLEMENTATION.—Section 31313(a), as 

3 amended by section 2506 of this Act, is further 

4 amended by striking ‘‘The Secretary of Transpor5 tation shall administer a financial assistance pro6 gram for commercial driver’s license program imple7 mentation for the purposes described in paragraphs 

8 (1) and (2)’’ and inserting ‘‘The Secretary of Trans9 portation shall administer a financial assistance pro10 gram for commercial driver’s license program imple11 mentation funded under section 31104 of this title for 

12 the purposes described in paragraphs (1) and (2)’’. 

13 (7) COMMERCIAL VEHICLE INFORMATION SYS14 TEMS AND NETWORKS DEPLOYMENT.—Section 4126 of 

15 SAFETEA-LU (49 U.S.C. 31106 note) is repealed. 

16 (8) SAFETY DATA IMPROVEMENT PROGRAM.— 

17 Section 4128 of SAFETEA-LU (49 U.S.C. 31100 

18 note) is repealed. 

19 (9) GRANT PROGRAM FOR COMMERCIAL MOTOR

20 VEHICLE OPERATORS.—Section 4134 of SAFETEA21 LU (49 U.S.C. 31301 note) is repealed. 

22 (10) WINTER HOME HEATING OIL DELIVERY

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1 tional Highway System Designation Act of 1995 (49 

2 U.S.C. 31136 note) is repealed. 

3 (11) MAINTENANCE OF EFFORT AS CONDITION ON

4 GRANTS TO STATES.—Section 103(c) of the Motor 

5 Carrier Safety Improvement Act of 1999 (49 U.S.C. 

6 31102 note) is repealed. 

7 (12) STATE COMPLIANCE WITH CDL REQUIRE8 MENTS.—Section 103(e) of the Motor Carrier Safety 

9 Improvement Act of 1999 (49 U.S.C. 31102 note) is 

10 repealed. 

11 (13) BORDER STAFFING STANDARDS.—Section 

12 218(d) of the Motor Carrier Safety Improvement Act 

13 of 1999 (49 U.S.C. 31133 note) is amended— 

14 (A) in paragraph (1), by striking ‘‘section 

15 31104(f)(2)(B) of title 49, United States Code’’ 

16 and inserting ‘‘section 31104(a)(1) of title 49, 

17 United States Code’’; and 

18 (B) by striking paragraph (3). 

19 (e) EFFECTIVE DATE.—The amendments made by this 

20 section shall take effect on October 1, 2016. 

21 (f) TRANSITION.—Notwithstanding the amendments 

22 made by this section, the Secretary shall carry out sections 

23 31102, 31103, 31104, and any sections repealed under sub24 section (d) of this section, as necessary, as those sections 

25 were in effect on the day before October 1, 2016, with respect 


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1 to applications for grants, cooperative agreements, or con2 tracts under those sections submitted before October 1, 2016. 

3 SEC. 2503. NEW ENTRANT SAFETY REVIEW PROGRAM 

4 STUDY. 

5 (a) IN GENERAL.—Not later than 1 year after the date 

6 of enactment of this Act, the Office of Inspector General of 

7 the Department of Transportation shall report to the Com8 mittee on Commerce, Science, and Transportation of the 

9 Senate and the Committee on Transportation and Infra10 structure in the House of Representatives on its assessment 

11 of the new operator safety review program, required under 

12 section 31144(g) of title 49, United States Code, including 

13 the program’s effectiveness in reducing commercial motor 

14 vehicles involved in crashes, fatalities, and injuries, and in 

15 improving commercial motor vehicle safety. 

16 (b) REPORT.—Not later than 90 days after completion 

17 of the report under subsection (a), the Secretary shall sub18 mit to the Committee on Commerce, Science, and Transpor19 tation of the Senate and the Committee on Transportation 

20 and Infrastructure in the House of Representatives a report 

21 on the actions the Secretary will take to address any rec22 ommendations included in the study under subsection (a). 

23 (c) PAPERWORK REDUCTION ACT OF 1995; EXCEP24 TION.—The study and the Office of the Inspector General 


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1 assessment shall not be subject to section 3506 or section 

2 3507 of title 44, United States Code. 

3 SEC. 2504. PERFORMANCE AND REGISTRATION INFORMA4 TION SYSTEMS MANAGEMENT. 

5 Section 31106(b) is amended in the heading by strik6 ing ‘‘PROGRAM’’ and inserting ‘‘SYSTEMS MANAGEMENT’’. 

7 SEC. 2505. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—Subchapter I of chapter 311 is 

9 amended by adding at the end the following: 

10 ‘‘§ 31110. Authorization of appropriations 

11 ‘‘(a) ADMINISTRATIVE EXPENSES.—There are author12 ized to be appropriated from the Highway Trust Fund 

13 (other than the Mass Transit Account) for the Secretary of 

14 Transportation to pay administrative expenses of the Fed15 eral Motor Carrier Safety Administration— 

16 ‘‘(1) $264,439,000 for fiscal year 2016; 

17 ‘‘(2) $269,992,000 for fiscal year 2017; 

18 ‘‘(3) $275,662,000 for fiscal year 2018; 

19 ‘‘(4) $281,451,000 for fiscal year 2019; 

20 ‘‘(5) $287,361,000 for fiscal year 2020; and 

21 ‘‘(6) $293,396,000 for fiscal year 2021. 

22 ‘‘(b) USE OF FUNDS.—The funds authorized by this 

23 section shall be used— 

24 ‘‘(1) for personnel costs; 

25 ‘‘(2) for administrative infrastructure; 


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1 ‘‘(3) for rent; 

2 ‘‘(4) for information technology; 

3 ‘‘(5) for programs for research and technology, 

4 information management, regulatory development, the 

5 administration of the performance and registration 

6 information systems management; 

7 ‘‘(6) for programs for outreach and education 

8 under subsection (d); 

9 ‘‘(7) to fund the motor carrier safety facility 

10 working capital fund established under subsection (c); 

11 ‘‘(8) for other operating expenses; 

12 ‘‘(9) to conduct safety reviews of new operators; 

13 and 

14 ‘‘(10) for such other expenses as may from time 

15 to time become necessary to implement statutory 

16 mandates of the Federal Motor Carrier Safety Admin17 istration not funded from other sources. 

18 ‘‘(c) MOTOR CARRIER SAFETY FACILITY WORKING

19 CAPITAL FUND.— 

20 ‘‘(1) IN GENERAL.—The Secretary may establish 

21 a motor carrier safety facility working capital fund. 

22 ‘‘(2) PURPOSE.—Amounts in the fund shall be 

23 available for modernization, construction, leases, and 

24 expenses related to vacating, occupying, maintaining, 


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1 and expanding motor carrier safety facilities, and as2 sociated activities. 

3 ‘‘(3) AVAILABILITY.—Amounts in the fund shall 

4 be available without regard to fiscal year limitation. 

5 ‘‘(4) FUNDING.—Amounts may be appropriated 

6 to the fund from the amounts made available in sub7 section (a). 

8 ‘‘(5) FUND TRANSFERS.—The Secretary may 

9 transfer funds to the working capital fund from the 

10 amounts made available in subsection (a) or from 

11 other funds as identified by the Secretary. 

12 ‘‘(d) OUTREACH AND EDUCATION PROGRAM.— 

13 ‘‘(1) IN GENERAL.—The Secretary may conduct, 

14 through any combination of grants, contracts, cooper15 ative agreements, or other activities, an internal and 

16 external outreach and education program to be ad17 ministered by the Administrator of the Federal Motor 

18 Carrier Safety Administration. 

19 ‘‘(2) FEDERAL SHARE.—The Federal share of an 

20 outreach and education program for which a grant, 

21 contract, or cooperative agreement is made under this 

22 subsection may be up to 100 percent of the cost of the 

23 grant, contract, or cooperative agreement. 

24 ‘‘(3) FUNDING.—From amounts made available 

25 in subsection (a), the Secretary shall make available 


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1 such sums as are necessary to carry out this sub2 section each fiscal year. 

3 ‘‘(e) CONTRACT AUTHORITY; INITIAL DATE OF AVAIL4 ABILITY.—Amounts authorized from the Highway Trust 

5 Fund by this section shall be available for obligation on 

6 the date of their apportionment or allocation or on October 

7 1 of the fiscal year for which they are authorized, whichever 

8 occurs first. 

9 ‘‘(f) FUNDING AVAILABILITY.—Amounts made avail10 able under this section shall remain available until ex11 pended. 

12 ‘‘(g) CONTRACTUAL OBLIGATION.—The approval of 

13 funds by the Secretary under this section is a contractual 

14 obligation of the Federal Government for payment of the 

15 Federal Government’s share of costs.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 (1) ADMINISTRATIVE EXPENSES; AUTHORIZATION

18 OF APPROPRIATIONS.—Section 31104 is amended— 

19 (A) by striking subsection (i); and 

20 (B) by redesignating subsections (j) and (k) 

21 and subsections (i) and (j), respectively. 

22 (2) USE OF AMOUNTS MADE AVAILABLE UNDER

23 SUBSECTION (I).—Section 4116(d) of SAFETEA-LU 

24 (49 U.S.C. 31104 note) is amended by striking ‘‘sec25 tion 31104(i)’’ and inserting ‘‘section 31110’’. 


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1 (3) INTERNAL COOPERATION.—Section 31161 is 

2 amended by striking ‘‘31104(i)’’ and inserting 

3 ‘‘31110’’. 

4 (4) SAFETEA-LU; OUTREACH AND EDU5 CATION.—Section 4127 of SAFETEA-LU (119 Stat. 

6 1741; Public Law 109–59) is repealed. 

7 (5) TABLE OF CONTENTS.—The table of contents 

8 of subchapter I of chapter 311 is amended by adding 

9 at the end the following: 

‘‘31110. Authorization of appropriations.’’. 

10 SEC. 2506. COMMERCIAL DRIVER’S LICENSE PROGRAM IM11 PLEMENTATION. 

12 (a) IN GENERAL.—Section 31313 is amended to read 

13 as follows: 

14 ‘‘§ 31313. Commercial driver’s license program imple15 mentation financial assistance program 

16 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

17 shall administer a financial assistance program for com18 mercial driver’s license program implementation for the 

19 purposes described in paragraphs (1) and (2). 

20 ‘‘(1) STATE COMMERCIAL DRIVER’S LICENSE

21 PROGRAM IMPLEMENTATION GRANTS.—The Secretary 

22 of Transportation may make a grant to a State agen23 cy in a fiscal year— 

24 ‘‘(A) to comply with the requirements of sec25 tion 31311; 


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1 ‘‘(B) in the case of a State that is making 

2 a good faith effort toward substantial compliance 

3 with the requirements of section 31311, to im4 prove its implementation of its commercial driv5 er’s license program, including expenses— 

6 ‘‘(i) for computer hardware and soft7 ware; 

8 ‘‘(ii) for publications, testing, per9 sonnel, training, and quality control; 

10 ‘‘(iii) for commercial driver’s license 

11 program coordinators; and 

12 ‘‘(iv) to implement or maintain a sys13 tem to notify an employer of an operator of 

14 a commercial motor vehicle of the suspen15 sion or revocation of the operator’s commer16 cial driver’s license consistent with the 

17 standards developed under section 32303(b) 

18 of the Commercial Motor Vehicle Safety En19 hancement Act of 2012 (49 U.S.C. 31304 

20 note). 

21 ‘‘(2) PRIORITY ACTIVITIES.—The Secretary may 

22 make a grant or cooperative agreement in a fiscal 

23 year to a State agency, local government, or any per24 son for research, development or testing, demonstra25 tion projects, public education, or other special activiVerDate Sep 11 2014 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00668 Fmt 6652 Sfmt 6203 E:\BILLS\S1732.RS S1732

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1 ties and projects relating to commercial driver’s li2 censing and motor vehicle safety that— 

3 ‘‘(A) benefit all jurisdictions of the United 

4 States; 

5 ‘‘(B) address national safety concerns and 

6 circumstances; 

7 ‘‘(C) address emerging issues relating to 

8 commercial driver’s license improvements; 

9 ‘‘(D) support innovative ideas and solutions 

10 to commercial driver’s license program issues; or 

11 ‘‘(E) address other commercial driver’s li12 cense issues, as determined by the Secretary. 

13 ‘‘(b) PROHIBITIONS.—A recipient may not use finan14 cial assistance funds awarded under this section to rent, 

15 lease, or buy land or buildings. 

16 ‘‘(c) REPORT.—The Secretary shall issue an annual 

17 report on the activities carried out under this section. 

18 ‘‘(d) APPORTIONMENT.—All amounts made available 

19 to carry out this section for a fiscal year shall be appor20 tioned to a State or recipient described in subsection (a)(2) 

21 according to criteria prescribed by the Secretary.’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

23 The table of contents of chapter 313 is amended by striking 

24 the item relating to section 31313 and inserting the fol25 lowing: 


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‘‘31313. Commercial driver’s license program implementation financial assistance 

program.’’. 

1 SEC. 2507. EXTENSION OF FEDERAL MOTOR CARRIER SAFE2 TY PROGRAMS FOR FISCAL YEAR 2016. 

3 (a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

4 GRANT EXTENSION.—Section 31104(a) is amended— 

5 (1) in the matter preceding paragraph (1), by 

6 inserting ‘‘and, for fiscal year 2016, sections 31102, 

7 31107, and 31109 of this title and section 4128 of 

8 SAFETEA-LU (49 U.S.C. 31100 note)’’ after 

9 ‘‘31102’’; 

10 (2) in paragraph (9), by striking ‘‘and’’ at the 

11 end; and 

12 (3) by striking paragraph (10) and inserting the 

13 following: 

14 ‘‘(10) $218,000,000 for fiscal year 2015; and 

15 ‘‘(11) ‘$259,000,000 for fiscal year 2016.’’. 

16 (b) EXTENSION OF GRANT PROGRAMS.—Section 

17 4101(c) SAFETEA-LU (119 Stat. 1715; Public Law 109– 

18 59), is amended to read as follows: 

19 ‘‘(c) GRANT PROGRAMS FUNDING.—There are author20 ized to be appropriated from the Highway Trust Fund the 

21 following sums for the following Federal Motor Carrier 

22 Safety Administration programs: 

23 ‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM

24 IMPROVEMENT GRANTS.—For carrying out the comVerDate Sep 11 2014 21:36 May 23, 2016 Jkt 059200 PO 00000 Frm 00670 Fmt 6652 Sfmt 6203 E:\BILLS\S1732.RS S1732

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1 mercial driver’s license program improvement grants 

2 program under section 31313 of title 49, United 

3 States Code, $30,000,000 for fiscal year 2016. 

4 ‘‘(2) BORDER ENFORCEMENT GRANTS.—From 

5 amounts made available under section 31104(a) of 

6 title 49, United States Code, for border enforcement 

7 grants under section 31107 of that title, $32,000,000 

8 for fiscal year 2016. 

9 ‘‘(3) PERFORMANCE AND REGISTRATION INFOR10 MATION SYSTEMS MANAGEMENT GRANT PROGRAMS.— 

11 From amounts made available under section 31104(a) 

12 of title 49, United States Code, for the performance 

13 and registration information systems management 

14 grant program under section 31109 of that title, 

15 $5,000,000 for fiscal year 2016. 

16 ‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS17 TEMS AND NETWORKS DEPLOYMENT.—For carrying 

18 out the commercial vehicle information systems and 

19 networks deployment program under section 4126 of 

20 this Act (the innovative technology deployment pro21 gram), $25,000,000, for fiscal year 2016. 

22 ‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.— 

23 From amounts made available under section 31104(a) 

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1 provement grants under section 4128 of this Act, 

2 $3,000,000 for fiscal year 2016.’’. 

3 (c) HIGH-PRIORITY ACTIVITIES.—Section 31104(j)(2), 

4 as redesignated by section 2605 of this Act is amended by 

5 striking ‘‘2014 and up to $12,493,151 for the period begin6 ning on October 1, 2014, and ending on July 31, 2015,,’’ 

7 and inserting ‘‘2016’’. 

8 (d) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) 

9 is amended to read as follows: 

10 ‘‘(B) SET ASIDE.—The Secretary shall set 

11 aside from amounts made available by section 

12 31104(a) up to $32,000,000 for fiscal year 2016 

13 for audits of new entrant motor carriers con14 ducted under this paragraph.’’. 

15 (e) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHI16 CLE OPERATORS.—Section 4134(c) of SAFETEA-LU (49 

17 U.S.C. 31301 note) is amended to read as follows: 

18 ‘‘(c) FUNDING.—From amounts made available under 

19 section 31110 of title 49, United States Code, the Secretary 

20 shall make available, $1,000,000 for fiscal year 2016 to 

21 carry out the commercial motor vehicle operators grant pro22 gram.’’. 

23 (f) COMMERCIAL VEHICLE INFORMATION SYSTEMS

24 AND NETWORKS DEPLOYMENT.— 


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1 (1) IN GENERAL.—Section 4126 of SAFETEA2 LU (49 U.S.C. 31106 note; 119 Stat. 1738; Public 

3 Law 109–59) is amended— 

4 (A) in subsection (c)— 

5 (i) in paragraph (2), by adding at the 

6 end the following: ‘‘Funds deobligated by the 

7 Secretary from previous year grants shall 

8 not be counted towards the $2,500,000 max9 imum aggregate amount for core deploy10 ment.’’; and 

11 (ii) in paragraph (3), by adding at the 

12 end the following: ‘‘Funds may also be used 

13 for planning activities, including the devel14 opment or updating of program or top level 

15 design plans.’’; and 

16 (B) in subsection (d)(4), by adding at the 

17 end the following: ‘‘Funds may also be used for 

18 planning activities, including the development or 

19 updating of program or top level design plans.’’. 

20 (2) INNOVATIVE TECHNOLOGY DEPLOYMENT PRO21 GRAM.—For fiscal year 2016, the commercial vehicle 

22 information systems and networks deployment pro23 gram under section 4126 of SAFETEA-LU (119 Stat. 

24 1738; Public Law 109—59) may also be referred to 

25 as the innovative technology deployment program. 


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1 SEC. 2508. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM 

2 ALLOCATION. 

3 (a) WORKING GROUP.— 

4 (1) ESTABLISHMENT.—Not later than 180 days 

5 after the date of enactment of this Act, the Secretary 

6 shall establish a motor carrier safety assistance pro7 gram formula working group (referred to in this sec8 tion as the ‘‘working group’’. 

9 (2) MEMBERSHIP.— 

10 (A) IN GENERAL.—Subject to subparagraph 

11 (B), the working group shall consist of represent12 atives of the following: 

13 (i) The Federal Motor Carrier Safety 

14 Administration. 

15 (ii) The lead State commercial motor 

16 vehicle safety agencies responsible for ad17 ministering the plan required by section 

18 31102 of title 49, United States Code. 

19 (iii) An organization representing 

20 State agencies responsible for enforcing a 

21 program for inspection of commercial motor 

22 vehicles. 

23 (iv) Such other persons as the Sec24 retary considers necessary. 

25 (B) COMPOSITION.—Representatives of 

26 State commercial motor vehicle safety agencies 


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1 shall comprise at least 51 percent of the member2 ship. 

3 (3) NEW ALLOCATION FORMULA.—The working 

4 group shall analyze requirements and factors for a 

5 new motor carrier safety assistance program alloca6 tion formula. 

7 (4) RECOMMENDATION.—Not later than 1 year 

8 after the date the working group is established under 

9 paragraph (1), the working group shall make a rec10 ommendation to the Secretary regarding a new Motor 

11 Carrier Safety Assistance Program allocation for12 mula. 

13 (5) FACA EXEMPTION.—The Federal Advisory 

14 Committee Act (5 U.S.C. App.) shall not apply to the 

15 working group established under this subsection. 

16 (6) PUBLICATION.—The Administrator of the 

17 Federal Motor Carrier Safety Administration shall 

18 publish on a public website summaries of its meet19 ings, and the final recommendation provided to the 

20 Secretary. 

21 (b) NOTICE OF PROPOSED RULEMAKING.—After re22 ceiving the recommendation under subsection (a)(4), the 

23 Secretary shall publish in the Federal Register a notice 

24 seeking public comment on a new allocation formula for 


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1 the motor carrier safety assistance program under section 

2 31102 of title 49, United States Code. 

3 (c) BASIS FOR FORMULA.—The Secretary shall ensure 

4 that the new allocation formula is based on factors that re5 flect, at a minimum— 

6 (1) the relative needs of the States to comply 

7 with section 31102 of title 49, United States Code; 

8 (2) the relative administrative capacities of and 

9 challenges faced by States in complying with section 

10 31102 of title 49, United States Code; 

11 (3) the average of each State’s new entrant motor 

12 carrier inventory for the 3-year period prior to the 

13 date of enactment of this Act; 

14 (4) the number of international border inspec15 tion facilities and border crossings by commercial ve16 hicles in each State; and 

17 (5) any other factors the Secretary considers ap18 propriate. 

19 (d) FUNDING AMOUNTS PRIOR TO DEVELOPMENT OF

20 A NEW ALLOCATION FORMULA.— 

21 (1) INTERIM FORMULA.—Prior to the develop22 ment of the new allocation formula, the Secretary 

23 may calculate the interim funding amounts for the 

24 motor carrier safety assistance program in fiscal year 

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1 tion 31104(a)(1) of title 49, United States Code, as 

2 amended by section 2502 of this Act, by the following 

3 methodology: 

4 (A) The Secretary shall calculate the fund5 ing amount using the allocation formula the Sec6 retary used to award motor carrier safety assist7 ance program funding in fiscal year 2016 under 

8 section 2507 of this Act. 

9 (B) The Secretary shall average the funding 

10 awarded or other equitable amounts to a State 

11 in fiscal years 2013, 2014, and 2015 for border 

12 enforcement grants awarded under section 

13 32603(c) of MAP-21 (126 Stat. 807; Public Law 

14 112—141) and new entrant audit grants award15 ed under that section, or other equitable 

16 amounts. 

17 (C) The Secretary shall add the amounts 

18 calculated in subparagraphs (A) and (B). 

19 (2) ADJUSTMENTS.—Subject to the availability 

20 of funding and notwithstanding fluctuations in the 

21 data elements used by the Secretary, the initial 

22 amounts resulting from the calculation described in 

23 paragraph (1) shall be adjusted to ensure that, for 

24 each State, the amount shall not be less than 97 per25 cent of the average amount of funding received or 


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1 other equitable amounts in fiscal years 2013, 2014, 

2 and 2015 for— 

3 (A) motor carrier safety assistance program 

4 funds awarded under section 32603(a) of MAP5 21 (126 Stat. 807; Public Law 112–141); 

6 (B) border enforcement grants awarded 

7 under section 32603(a) of MAP-21 (126 Stat. 

8 807; Public Law 112–141); and 

9 (C) new entrant audit grants awarded 

10 under section 32603(a) of MAP-21 (126 Stat. 

11 807; Public Law 112–141). 

12 (3) IMMEDIATE RELIEF.—In developing the new 

13 allocation formula, the Secretary shall provide imme14 diate relief for at least 3 fiscal years to all States cur15 rently subject to the withholding provisions of Motor 

16 Carrier Safety Assistance Program funds for matters 

17 of noncompliance. 

18 (4) FUTURE WITHHOLDINGS.—Beginning on the 

19 date that the new allocation formula is implemented, 

20 the Secretary shall impose all future withholdings in 

21 accordance with section 31102(k) of title 49, United 

22 States Code, as amended by section 2502 of this Act. 

23 (e) TERMINATION OF EFFECTIVENESS.—This section 

24 expires upon the implementation of a new Motor Carrier 

25 Safety Assistance Program Allocation Formula. 


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1 SEC. 2509. MAINTENANCE OF EFFORT CALCULATION. 

2 (a) BEFORE NEW ALLOCATION FORMULA.— 

3 (1) FISCAL YEAR 2017.—If a new allocation for4 mula has not been established for fiscal year 2017, 

5 then, for fiscal year 2017, the Secretary of Transpor6 tation shall calculate the maintenance of effort re7 quired under section 31102(f) of title 49, United 

8 States Code, as amended by section 2502 of this Act, 

9 by averaging the expenditures for fiscal years 2004 

10 and 2005 required by section 32601(a)(5) of MAP-21 

11 (Public Law 112—141), as that section was in effect 

12 on the day before the date of enactment of this Act. 

13 (2) SUBSEQUENT FISCAL YEARS.—The Secretary 

14 may use the methodology for calculating the mainte15 nance of effort for fiscal year 2017 and each fiscal 

16 year thereafter if a new allocation formula has not 

17 been established. 

18 (b) BEGINNING WITH NEW ALLOCATION FORMA19 TION.— 

20 (1) IN GENERAL.—Subject to paragraphs (2) and 

21 (3)(B), beginning on the date that a new allocation 

22 formula is established under section 2508, upon the 

23 request of a State, the Secretary may modify the base24 line maintenance of effort required by section 

25 31102(e) of title 49, United States Code, as amended 

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1 lishing a new baseline maintenance of effort if the 

2 Secretary determines that a waiver or modification— 

3 (A) is equitable due to reasonable cir4 cumstances; 

5 (B) will ensure the continuation of commer6 cial motor vehicle enforcement activities in the 

7 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 Code, 

12 as amended by section 2502 of this Act, does not 

13 exceed a sum greater than the average of the 

14 total 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 requested 

18 by a State, the Secretary may modify the mainte19 nance of effort baseline according to the following 

20 methodology: 

21 (A) The Secretary shall establish the main22 tenance of effort using the average of fiscal years 

23 2004 and 2005, as required by section 

24 32601(a)(5) of MAP-21 (Public Law 112—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 2013, 

4 2014, and 2015 for motor carrier safety assist5 ance grants established at 20 percent by section 

6 31103 of title 49, United States Code, as that 

7 section was in effect on the day before the date 

8 of enactment of this Act. 

9 (C) The Secretary shall calculate the esti10 mated match required under section 31104(b) of 

11 title 49, United States Code, as amended by sec12 tion 2502 of this Act. 

13 (D) The Secretary will subtract the amount 

14 in subparagraph (B) from the amount in sub15 paragraph (C) and— 

16 (i) if the number is greater than 0, 

17 then the Secretary shall subtract the number 

18 from the amount in subparagraph (A); or 

19 (ii) if the number is not greater than 

20 0, then the Secretary shall calculate the 

21 maintenance of effort using the methodology 

22 in subparagraph (A). 

23 (3) MAINTENANCE OF EFFORT AMOUNT.— 

24 (A) IN GENERAL.—The Secretary shall use 

25 the amount calculated in paragraph (2) as the 


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1 baseline maintenance of effort required in section 

2 31102(f) of title 49, United States Code, as 

3 amended by section 2502 of this Act. 

4 (B) DEADLINE.—If a State does not request 

5 a waiver or modification under this subsection 

6 before September 30 during the first fiscal year 

7 that the Secretary implements the new allocation 

8 formula under section 2508, the Secretary shall 

9 calculate the maintenance of effort using the 

10 methodology in paragraph (2)(A) of this sub11 section. 

12 (4) MAINTENANCE OF EFFORT DESCRIBED.—The 

13 maintenance of effort calculated under this section is 

14 the amount required under section 31102(f) of title 

15 49, United States Code, as amended by section 2502 

16 of this Act. 

17 (c) TERMINATION OF EFFECTIVENESS.—The authority 

18 under this section terminates effective on the date that the 

19 new maintenance of effort is calculated based on the new 

20 allocation formula implemented under section 2508. 

21 Subtitle F—Miscellaneous 

22 Provisions 

23 SEC. 2601. WINDSHIELD TECHNOLOGY. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of enactment of this Act, the Secretary shall revise the 


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1 regulations in section 393.60(e) of title 49, Code of Federal 

2 Regulations (relating to the prohibition on obstructions to 

3 the driver’s field of view) to exempt from that section the 

4 voluntary mounting on a windshield of vehicle safety tech5 nology likely to achieve a level of safety that is equivalent 

6 to or greater than the level of safety that would be achieved 

7 absent the exemption. 

8 (b) DEFINITION OF VEHICLE SAFETY TECHNOLOGY.— 

9 In this section, ‘‘vehicle safety technology’’ includes fleet10 related incident management system, performance or behav11 ior management system, speed management system, lane de12 parture warning system, forward collision warning or miti13 gation system, active cruise control system, and any other 

14 technology that the Secretary considers applicable. 

15 (c) RULE OF CONSTRUCTION.—For purposes of this 

16 section, any windshield mounted technology with a short 

17 term exemption under part 381 of title 49, Code of Federal 

18 Regulations, on the day before the date of enactment of this 

19 Act, shall be considered likely to achieve a level of safety 

20 that is equivalent to or greater than the level of safety that 

21 would be achieved absent an exemption under subsection 

22 (a). 

23 SEC. 2602. ELECTRONIC LOGGING DEVICES REQUIRE24 MENTS. 

25 Section 31137(b) is amended— 


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1 (1) in paragraph (1)(C), by striking ‘‘apply to’’ 

2 and inserting ‘‘except as provided in paragraph (3), 

3 apply to’’; and 

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

5 ‘‘(3) EXCEPTION.—A motor carrier, when trans6 porting a motor home or recreation vehicle trailer 

7 within the definition of ‘driveaway-towaway oper8 ation’ (as defined in section 390.5 of title 49, Code of 

9 Federal Regulations) may comply with the hours of 

10 service requirements by requiring each driver to use— 

11 ‘‘(A) a paper record of duty status form; or 

12 ‘‘(B) an electronic logging device.’’. 

13 SEC. 2603. LAPSE OF REQUIRED FINANCIAL SECURITY; SUS14 PENSION OF REGISTRATION. 

15 Section 13906(e) is amended by inserting ‘‘or suspend’’ 

16 after ‘‘revoke’’. 

17 SEC. 2604. ACCESS TO NATIONAL DRIVER REGISTER. 

18 Section 30305(b) is amended by adding at the end the 

19 following: 

20 ‘‘(13) The Administrator of the Federal Motor 

21 Carrier Safety Administration may request the chief 

22 driver licensing official of a State to provide informa23 tion under subsection (a) of this section about an in24 dividual in connection with a safety investigation 

25 under the Administrator’s jurisdiction.’’. 


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1 SEC. 2605. STUDY ON COMMERCIAL MOTOR VEHICLE DRIV2 ER COMMUTING. 

3 (a) EFFECTS OF COMMUTING.—The Administrator of 

4 the Federal Motor Carrier Safety Administration shall con5 duct a study of the effects of motor carrier operator com6 mutes exceeding 150 minutes commuting time on safety and 

7 commercial motor vehicle driver fatigue. 

8 (b) STUDY.—In conducting the study, the Adminis9 trator shall consider— 

10 (1) the prevalence of driver commuting in the 

11 commercial motor vehicle industry, including the 

12 number and percentage of drivers who commute; 

13 (2) the distances traveled, time zones crossed, 

14 time spent commuting, and methods of transportation 

15 used; 

16 (3) research on the impact of excessive com17 muting on safety and commercial motor vehicle driver 

18 fatigue; 

19 (4) the commuting practices of commercial motor 

20 vehicle drivers and policies of motor carriers; 

21 (5) the Federal Motor Carrier Safety Adminis22 tration regulations, policies, and guidance regarding 

23 driver commuting; and 

24 (6) any other matters the Administrator con25 siders appropriate. 


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

2 of enactment of this Act, the Administrator shall submit 

3 to Congress a report containing the findings under the 

4 study and any recommendations for legislative action con5 cerning driver commuting. 

6 SEC. 2606. HOUSEHOLD GOODS CONSUMER PROTECTION 

7 WORKING GROUP. 

8 (a) WORKING GROUP.—The Secretary shall establish 

9 a working group for the purpose of developing recommenda10 tions on how to best convey to inexperienced consumers the 

11 information such consumers need to know with respect to 

12 the Federal laws concerning the interstate transportation 

13 of household goods by motor carrier. 

14 (b) MEMBERSHIP.—The Secretary shall ensure that 

15 the working group is comprised of individuals with exper16 tise in consumer affairs, educators with expertise in how 

17 people learn most effectively, and representatives of the 

18 household goods moving industry. 

19 (c) RECOMMENDATIONS.— 

20 (1) CONTENTS.—The recommendations developed 

21 by the working group shall include, at a minimum, 

22 recommendations on— 

23 (A) condensing publication ESA 03005 of 

24 the Federal Motor Carrier Safety Administration 


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1 into a format that is more easily used by con2 sumers; 

3 (B) using state-of-the-art education tech4 niques and technologies, including optimizing 

5 the use of the Internet as an educational tool; 

6 and 

7 (C) reducing and simplifying the paperwork 

8 required of motor carriers and shippers in inter9 state transportation. 

10 (2) DEADLINE.—Not later than one year after 

11 the date of enactment of this Act, the working group 

12 shall make the recommendations described in para13 graph (1) which the Secretary shall publish on a pub14 lic website. 

15 (d) REPORT.—Not later than 1 year after the date on 

16 which the working group makes its recommendations, the 

17 Secretary shall issue a report to Congress on the implemen18 tation of such recommendations. 

19 (e) FEDERAL ADVISORY COMMITTEE ACT EXEMP20 TION.—The Federal Advisory Committee Act (5 U.S.C. 

21 App.) shall not apply to the working group established 

22 under this section. 

23 (f) TERMINATION.—The working group shall terminate 

24 2 years after the date of enactment of this Act. 


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1 SEC. 2607. INTERSTATE VAN OPERATIONS. 

2 Section 4136 of SAFETEA-LU (Public Law 109–59; 

3 119 Stat. 1745; 49 U.S.C. 3116 note) is amended by insert4 ing ‘‘with the exception of commuter vanpool operations, 

5 which shall remain exempt’’ before the period at the end. 

6 SEC. 2608. REPORT ON DESIGN AND IMPLEMENTATION OF 

7 WIRELESS ROADSIDE INSPECTION SYSTEMS. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of enactment of this Act, the Secretary shall submit 

10 to the Committee on Commerce, Science, and Transpor11 tation of the Senate and the Committee on Transportation 

12 and Infrastructure of the House of Representatives a report 

13 regarding the design, development, testing, and implemen14 tation of wireless roadside inspection systems. 

15 (b) ELEMENTS.—The report required under subsection 

16 (a) shall include a determination as to whether wireless 

17 roadside inspection systems— 

18 (1) conflict with existing non-Federal electronic 

19 screening systems, or create capabilities already 

20 available; 

21 (2) require additional statutory authority to in22 corporate generated inspection data into the safety 

23 measurement system or the safety fitness determina24 tions program; and 


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1 (3) provide appropriate restrictions to specifi2 cally address privacy concerns of affected motor car3 riers and operators. 

4 SEC. 2609. MOTORCOACH HOURS OF SERVICE STUDY. 

5 (a) REQUIREMENT BEFORE IMPLEMENTING NEW

6 RULES.— 

7 (1) IN GENERAL.—The Secretary may not 

8 amend, adjust, or revise the driver hours of service 

9 regulations for motor carriers of passengers, by rule10 making or any other means, until the Secretary con11 ducts a formal study that properly accounts for oper12 ational differences and variances in crash data for 

13 drivers in intercity motorcoach service and interstate 

14 property carrier operations and between segments of 

15 the intercity motorcoach industry. 

16 (2) CONTENTS.—The study required under para17 graph (1) shall include— 

18 (A) the impact of the current hours of serv19 ice regulations for motor carriers of passengers 

20 on fostering safe operation of intercity 

21 motorcoaches; 

22 (B) the separation of the failures of the cur23 rent passenger carrier hours-of-service regula24 tions and the lack of enforcement of the current 

25 regulations by Federal and State agencies; 


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1 (C) the correlation of noncompliance with 

2 current passenger carrier hours of service rule to 

3 passenger carrier accidents using data from 2000 

4 through 2013; and 

5 (D) how passenger carrier crashes could 

6 have been mitigated by any changes to passenger 

7 carrier hours of service rules. 

8 (b) EMERGENCY REGULATIONS.—Nothing in this sec9 tion may be construed to affect the Secretary’s existing au10 thority to provide relief from the hours of service regulations 

11 in the event of an emergency under section 390.232 of title 

12 49, Code of Federal Regulations. 

13 SEC. 2610. GAO REVIEW OF SCHOOL BUS SAFETY. 

14 Not later than 1 year after the date of enactment of 

15 this Act, the Comptroller General of the United States shall 

16 submit, to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committee on Trans18 portation and Infrastructure of the House of Representa19 tives, a review of the following: 

20 (1) Existing Federal and State rules and guid21 ance, as of the date of the review, concerning school 

22 bus transportation of elementary school and sec23 ondary school students engaging in home-to-school 

24 transport or other transport determined by the Comp25 troller General to be a routine part of kindergarten 


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1 through grade 12 education, including regulations 

2 and guidance regarding driver training programs, ca3 pacity requirements, programs for special needs stu4 dents, inspection standards, vehicle age requirements, 

5 best practices, and public access to inspection results 

6 and crash records. 

7 (2) Any correlation between public or private 

8 school bus fleet operators whose vehicles are involved 

9 in an accident as defined by section 390.5 of title 49, 

10 Code of Federal Regulations, and each of the fol11 lowing: 

12 (A) A failure by those same operators of 

13 State or local safety inspections. 

14 (B) The average age or odometer readings of 

15 the school buses in the fleets of such operators. 

16 (C) Violations of Federal laws administered 

17 by the Department of Transportation, or of State 

18 law equivalents of such laws. 

19 (D) Violations of State or local law relating 

20 to illegal passing of a school bus. 

21 (3) A regulatory framework comparison of public 

22 and private school bus operations. 

23 (4) Expert recommendations on best practices for 

24 safe and reliable school bus transportation, including 

25 driver training programs, inspection standards, 


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1 school bus age and odometer reading maximums for 

2 retirement, the percentage of buses in a local bus fleet 

3 needed as spare buses, and capacity levels per school 

4 bus for different age groups. 

5 SEC. 2611. USE OF HAIR TESTING FOR PREEMPLOYMENT 

6 AND RANDOM CONTROLLED SUBSTANCES 

7 TESTS. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘Drug Free Commercial Driver Act of 2015’’. 

10 (b) AUTHORIZATION OF HAIR TESTING AS AN ACCEPT11 ABLE PROCEDURE FOR PREEMPLOYMENT AND RANDOM

12 CONTROLLED SUBSTANCE TESTS.—Section 31306 is 

13 amended— 

14 (1) in subsection (b)(1)— 

15 (A) by redesignating subparagraph (B) as 

16 subparagraph (C); and 

17 (B) in subparagraph (A), by striking ‘‘The 

18 regulations shall permit such motor carriers to 

19 conduct preemployment testing of such employees 

20 for the use of alcohol.’’ and inserting the fol21 lowing: 

22 ‘‘(B) The regulations prescribed under subparagraph 

23 (A) shall permit motor carriers— 


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1 ‘‘(i) to conduct preemployment testing of com2 mercial motor vehicle operators for the use of alcohol; 

3 and 

4 ‘‘(ii) to use hair testing as an acceptable alter5 native to urinalysis— 

6 ‘‘(I) in conducting preemployment screening 

7 for the use of a controlled substance; and 

8 ‘‘(II) in conducting random screening for 

9 the use of a controlled substance by individuals 

10 who were subject to preemployment screening.’’; 

11 and 

12 (2) in subsection (c)(2)— 

13 (A) in subparagraph (B), by striking ‘‘and’’ 

14 at the end; 

15 (B) in subparagraph (C), by inserting 

16 ‘‘and’’ after the semicolon; and 

17 (C) by adding at the end the following: 

18 ‘‘(D) laboratory protocols and cut-off levels 

19 for hair testing to detect the use of a controlled 

20 substance;’’. 

21 (c) EXEMPTION FROM MANDATORY URINALYSIS.— 

22 (1) IN GENERAL.—Any motor carrier that dem23 onstrates, to the satisfaction of the Administrator of 

24 the Federal Motor Carrier Safety Administration, in 

25 consultation with the Department of Health and 


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1 Human Services, that it can carry out an applicable 

2 hair testing program, consistent with generally ac3 cepted industry standards, to detect the use of a con4 trolled substance by commercial motor vehicle opera5 tors, may apply to the Administrator for an exemp6 tion from the mandatory urinalysis testing require7 ments set forth in subpart C of part 382 of title 49, 

8 Code of Federal Regulations until a final rule is 

9 issued implementing the amendments made by sub10 section (b). 

11 (2) EVALUATION OF APPLICATIONS.— 

12 (A) IN GENERAL.—In evaluating applica13 tions for an exemption under paragraph (1), the 

14 Administrator, in consultation with the Depart15 ment of Health and Human Services, shall deter16 mine if the applicant’s testing program employs 

17 procedures and protections similar to fleets that 

18 have carried out hair testing programs for at 

19 least 1 year. 

20 (B) REQUIREMENTS.—A testing program 

21 may not receive an exemption under paragraph 

22 (1) unless the applicable testing laboratories— 

23 (i) have obtained laboratory accredita24 tion specific to hair testing from an accred25 iting body, compliant with international or 


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1 other Federal standards, as appropriate, 

2 such as the College of American Patholo3 gists; and 

4 (ii) utilize hair testing assays that 

5 have been cleared by the Food and Drug 

6 Administration under section 510(k) of the 

7 Federal Food, Drug and Cosmetic Act (21 

8 U.S.C. 360(k)). 

9 (3) DEADLINE FOR DECISIONS.—Not later than 

10 90 days after receiving an application from a motor 

11 carrier under this subsection, the Administrator, in 

12 consultation with the Secretary of Health and 

13 Human Services, shall determine whether the motor 

14 carrier is exempt from the testing requirements de15 scribed in paragraph (1). 

16 (4) REPORTING REQUIREMENT.—Any motor car17 rier that is granted an exemption under paragraph 

18 (1) shall submit records to the national clearinghouse 

19 established under section 31306a of title 49, United 

20 States Code, relating to all positive test results and 

21 test refusals from the hair testing program described 

22 in that paragraph. 

23 (d) GUIDELINES FOR HAIR TESTING.—Not later than 

24 1 year after the date of the enactment of this Act, the Sec25 retary of Health and Human Services shall issue scientific 


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1 and technical guidelines for hair testing as a method of de2 tecting the use of a controlled substance for purposes of sec3 tion 31306 of title 49, United States Code, as amended by 

4 subsection (b). When issuing the scientific and technical 

5 guidelines, the Secretary of Health and Human Services 

6 may consider differentiating between exposure to, and usage 

7 of, various controlled substances. 

8 (e) ANNUAL REPORT TO CONGRESS.—The Secretary 

9 shall submit an annual report to Congress that— 

10 (1) summarizes the results of preemployment and 

11 random drug testing using both hair testing and uri12 nalysis; 

13 (2) evaluates the efficacy of each method; and 

14 (3) determines which method provides the most 

15 accurate means of detecting the use of controlled sub16 stances over time. 

17 TITLE III—HAZARDOUS 

18 MATERIALS 

19 SEC. 3101. ENDORSEMENTS. 

20 (a) EXCLUSIONS.—Section 5117(d)(1) is amended— 

21 (1) in subparagraph (B), by striking ‘‘and’’ at 

22 the end; 

23 (2) in subparagraph (C), by striking the period 

24 at the end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(D) a service vehicle (as defined in section 

2 3101 of the Comprehensive Transportation and 

3 Consumer Protection Act of 2015) carrying die4 sel fuel in quantities of 3,785 liters (1,000 gal5 lons) or less that is— 

6 ‘‘(i) driven by a class A commercial 

7 driver’s license holder who is a custom har8 vester, an agricultural retailer, an agricul9 tural business employee, an agricultural co10 operative employee, or an agricultural pro11 ducer; and 

12 ‘‘(ii) clearly marked with a placard 

13 reading ‘Diesel Fuel’.’’. 

14 (b) HAZARDOUS MATERIALS ENDORSEMENT EXEMP15 TION.—The Secretary shall exempt all class A commercial 

16 driver’s license holders who are custom harvesters, agricul17 tural retailers, agricultural business employees, agricul18 tural cooperative employees, or agricultural producers from 

19 the requirement to obtain a hazardous materials endorse20 ment under part 383 of title 49, Code of Federal Regula21 tions, while operating a service vehicle carrying diesel fuel 

22 in quantities of 3,785 liters (1,000 gallons) or less if the 

23 tank containing such fuel is clearly marked with a placard 

24 reading ‘‘Diesel Fuel’’. 


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1 (c) DEFINITION OF SERVICE VEHICLE.—In this sec2 tion, the term ‘‘service vehicle’’ means a vehicle carrying 

3 diesel fuel that will be deductible as a profit-seeking activ4 ity— 

5 (1) under section 162 of the Internal Revenue 

6 Code of 1986 as a business expense; or 

7 (2) under section 212 of the Internal Revenue 

8 Code of 1986 as a production of income expense. 

9 SEC. 3102. ENHANCED REPORTING. 

10 Section 5121(h) is amended by striking ‘‘transmit to 

11 the Committee on Transportation and Infrastructure of the 

12 House of Representatives and the Committee on Commerce, 

13 Science, and Transportation of the Senate’’ and inserting 

14 ‘‘post on the Department of Transportation public website’’. 

15 SEC. 3103. HAZARDOUS MATERIAL INFORMATION. 

16 (a) DERAILMENT DATA.— 

17 (1) IN GENERAL.—Not later than 180 days after 

18 the date of enactment of this Act, the Secretary shall 

19 revise the form for reporting a rail equipment acci20 dent or incident under section 225.21 of title 49, Code 

21 of Federal Regulations (Form FRA F 6180.54, Rail 

22 Equipment Accident/Incident Report), including to 

23 its instructions, to require additional data concerning 

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1 volved in a reportable rail equipment accident or in2 cident under part 225 of that title. 

3 (2) CONTENTS.—The data under subsection (a) 

4 shall include— 

5 (A) the number of rail cars carrying crude 

6 oil or ethanol; 

7 (B) the number of rail cars carrying crude 

8 oil or ethanol damaged or derailed; and 

9 (C) the number of rail cars releasing crude 

10 oil or ethanol. 

11 (3) DIFFERENTIATION.—The data described in 

12 paragraph (2) shall be reported separately for crude 

13 oil and for ethanol. 

14 (b) DATABASE CONNECTIVITY.— 

15 (1) IN GENERAL.—Not later than 180 days after 

16 the date of enactment of this Act, the Secretary shall 

17 implement information management practices to en18 sure that the Pipeline and Hazardous Materials Safe19 ty Administration Hazardous Materials Incident Re20 ports Database (referred to in this section as ‘‘Inci21 dent Reports Database’’) and the Federal Railroad 

22 Administration Railroad Safety Information System 

23 contain accurate and consistent data on a reportable 

24 rail equipment accident or incident under part 225 


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1 of title 49, Code of Federal Regulations, involving the 

2 release of hazardous materials. 

3 (2) IDENTIFIERS.—The Secretary shall ensure 

4 that the Incident Reports Database uses a searchable 

5 Federal Railroad Administration report number, or 

6 other applicable unique identifier that is linked to the 

7 Federal Railroad Safety Information System, for each 

8 reportable rail equipment accident or incident under 

9 part 225 of title 49, Code of Federal Regulations, in10 volving the release of hazardous materials. 

11 (c) EVALUATION.— 

12 (1) IN GENERAL.—The Department of Transpor13 tation Inspector General shall— 

14 (A) evaluate the accuracy of information in 

15 the Incident Reports Database, including deter16 mining whether any inaccuracies exist in— 

17 (i) the type of hazardous materials re18 leased; 

19 (ii) the quantity of hazardous mate20 rials released; 

21 (iii) the location of hazardous mate22 rials released; 

23 (iv) the damages or effects of hazardous 

24 materials released; and 


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1 (v) any other data contained in the 

2 database; and 

3 (B) considering the requirements in sub4 section (b), evaluate the consistency and accu5 racy of data involving accidents or incidents re6 portable to both the Pipeline and Hazardous Ma7 terials Safety Administration and the Federal 

8 Railroad Administration, including whether the 

9 Incident Reports Database uses a searchable 

10 identifier described in subsection (b)(2). 

11 (2) REPORT.—Not later than 18 months after the 

12 date of enactment of this Act, the Department of 

13 Transportation Inspector General shall submit to the 

14 Committee on Commerce, Science, and Transpor15 tation of the Senate and the Committee on Transpor16 tation and Infrastructure of the House of Representa17 tives a report of the findings under subparagraphs 

18 (A) and (B) of paragraph (1) and recommendations 

19 for resolving any inconsistencies or inaccuracies. 

20 (d) SAVINGS CLAUSE.—Nothing in this section may 

21 be construed to prohibit the Secretary from requiring other 

22 commodity-specific information for any reportable rail 

23 equipment accident or incident under part 225 of title 49, 

24 Code of Federal Regulations. 


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1 SEC. 3104. HAZARDOUS MATERIALS TRAINING REQUIRE2 MENTS AND GRANTS. 

3 Section 5107(e) is amended to read as follows: 

4 ‘‘(e) TRAINING GRANTS.— 

5 ‘‘(1) IN GENERAL.—Subject to the availability of 

6 funds under section 5128(c), the Secretary shall make 

7 grants under this subsection— 

8 ‘‘(A) for training instructors to train— 

9 ‘‘(i) hazmat employees; 

10 ‘‘(ii) employees who enforce the haz11 ardous materials regulations; 

12 ‘‘(iii) employees who respond to haz13 ardous materials incidents; or 

14 ‘‘(iv) a combination of the employees 

15 described in clauses (i) through (iii); and 

16 ‘‘(B) to the extent the Secretary considers 

17 appropriate, for such instructors to train— 

18 ‘‘(i) hazmat employees; 

19 ‘‘(ii) employees who enforce the haz20 ardous materials regulations; 

21 ‘‘(iii) employees who respond to haz22 ardous materials incidents; or 

23 ‘‘(iv) a combination of the employees 

24 described in clauses (i) through (iii). 


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1 ‘‘(2) ELIGIBILITY.—Grants under this subsection 

2 shall be made on a competitive basis to organizations 

3 that— 

4 ‘‘(A) train on a not-for-profit basis— 

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); and 

12 ‘‘(B) demonstrate— 

13 ‘‘(i) expertise in conducting a training 

14 program for 1 or more of the groups of em15 ployees described in clauses (i) through (iii) 

16 of subparagraph (A); and 

17 ‘‘(ii) the ability to reach and involve 

18 in a training program a target population 

19 of 1 or more of the groups of employees de20 scribed in clauses (i) through (iii) of sub21 paragraph (A).’’. 


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1 SEC. 3105. NATIONAL EMERGENCY AND DISASTER RE2 SPONSE. 

3 (a) PURPOSE.—Section 5101 is amended by inserting 

4 and ‘‘and to facilitate the safe movement of hazardous mate5 rials during national emergencies’’ after ‘‘commerce’’. 

6 (b) GENERAL REGULATORY AUTHORITY.—Section 

7 5103 is amended— 

8 (1) by redesignating subsections (c) and (d) as 

9 subsections (d) and (e), respectively; and 

10 (2) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c) FEDERALLY DECLARED DISASTER AND EMER13 GENCY AREAS.—The Secretary, in consultation with the 

14 Secretary of Homeland Security, may prescribe standards 

15 to facilitate the safe movement of hazardous materials into, 

16 from, and within a federally declared disaster area or a 

17 national emergency area.’’. 

18 SEC. 3106. FLEXIBLE SERVICES. 

19 (a) SERVICES.— 

20 (1) IN GENERAL.—An entity that provides dis21 patching services for railroad industry clients, does 

22 not own a railroad, and is not under the control of 

23 an entity that owns a railroad shall not be considered 

24 a rail carrier for the purpose of jurisdiction under the 

25 applicable Acts, notwithstanding any Federal agency 

26 decision to the contrary. 


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1 (b) DEFINITIONS.—In this section: 

2 (1) APPLICABLE ACTS.—The term ‘‘applicable 

3 Acts’’ includes— 

4 (A) the Interstate Commerce Commission 

5 Termination Act (Public Law 104–88; 109 Stat. 

6 803); 

7 (B) the Railroad Retirement Act of 1974 

8 (45 U.S.C. 231); and 

9 (C) the Railroad Unemployment Insurance 

10 Act (45 U.S.C. 351 et seq.). 

11 (2) DISPATCHING SERVICES.—The term ‘‘dis12 patching services’’ means the use of an electrical or 

13 mechanical device to dispatch, report, transmit, re14 ceive, or deliver orders related to or affecting train 

15 movements. 

16 (3) RAIL CARRIER.—The term ‘‘rail carrier’’ has 

17 the meaning given the term in section 10102 of title 

18 49, United States Code. 

19 (4) RAILROAD.—The term ‘‘railroad’’ has the 

20 meaning given the term in section 10102 of title 49, 

21 United States Code. 

22 (c) SAVINGS CLAUSE.—Nothing in this section may be 

23 construed as affecting the applicability or any requirements 

24 of the applicable Acts for any entity that owns a railroad 

25 or is under the control of an entity that owns a railroad. 


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1 SEC. 3107. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

3 5128 is amended to read as follows: 

4 ‘‘§ 5128. Authorization of appropriations 

5 ‘‘(a) IN GENERAL.—There are authorized to be appro6 priated to the Secretary to carry out this chapter (except 

7 sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)— 

8 ‘‘(1) $43,660,000 for fiscal year 2016; 

9 ‘‘(2) $44,577,000 for fiscal year 2017; 

10 ‘‘(3) $45,513,000 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 Emer16 gency Preparedness Fund established under section 5116(i), 

17 the Secretary may expend, during each of fiscal years 2016 

18 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); and 


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1 ‘‘(4) $625,000 to publish and distribute the 

2 Emergency Response Guidebook under section 

3 5116(i)(3). 

4 ‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 

5 From the Hazardous Materials Emergency Preparedness 

6 Fund established pursuant to section 5116(i), the Secretary 

7 may expend $5,000,000, of which at least $1,000,000 shall 

8 be available for hazardous materials response training 

9 grants (including grants to nonprofit fire service organiza10 tions), for each of the fiscal years 2016 through 2021 to 

11 carry out section 5107(e). 

12 ‘‘(d) CREDITS TO APPROPRIATIONS.— 

13 ‘‘(1) EXPENSES.—In addition to amounts other14 wise made available to carry out this chapter, the 

15 Secretary may credit amounts received from a State, 

16 Indian tribe, or other public authority or private en17 tity for expenses the Secretary incurs in providing 

18 training to the State, authority, or entity. 

19 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

20 made available under this section shall remain avail21 able until expended.’’. 

22 (b) CONFORMING AMENDMENT.—Section 5116 is 

23 amended— 

24 (1) by striking subsection (j); 


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1 (2) in subsection (k), by striking ‘‘, and grants 

2 under subsection (j)’’; and 

3 (3) by redesignating subsection (k) as subsection 

4 (j). 

5 TITLE IV—HIGHWAY AND MOTOR 

6 VEHICLE SAFETY 

7 Subtitle A—Highway Traffic Safety 

8 PART I—HIGHWAY SAFETY 

9 SEC. 4101. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—The following sums are authorized 

11 to be appropriated out of the Highway Trust Fund (other 

12 than the Mass Transit Account): 

13 (1) HIGHWAY SAFETY PROGRAMS.—For carrying 

14 out section 402 of title 23, United States Code— 

15 (A) $243,526,500 for fiscal year 2016; 

16 (B) $252,267,972 for fiscal year 2017; 

17 (C) $261,229,288 for fiscal year 2018; 

18 (D) $270,415,429 for fiscal year 2019; 

19 (E) $279,831,482 for fiscal year 2020; and 

20 (F) $289,482,646 for fiscal year 2021. 

21 (2) HIGHWAY SAFETY RESEARCH AND DEVELOP22 MENT.—For carrying out section 403 of title 23, 

23 United States Code— 

24 (A) $137,835,000 for fiscal year 2016; 

25 (B) $140,729,535 for fiscal year 2017; 


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1 (C) $143,684,855 for fiscal year 2018; 

2 (D) $146,702,237 for fiscal year 2019; 

3 (E) $149,782,984 for fiscal year 2020; and 

4 (F) $152,928,427 for fiscal year 2021. 

5 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

6 For carrying out section 405 of title 23, United States 

7 Code— 

8 (A) $274,720,000 for fiscal year 2016; 

9 (B) $277,467,200 for fiscal year 2017; 

10 (C) $280,241,872 for fiscal year 2018; 

11 (D) $283,044,291 for fiscal year 2019; 

12 (E) $285,874,734 for fiscal year 2020; and 

13 (F) $288,733,481 for fiscal year 2021. 

14 (4) NATIONAL DRIVER REGISTER.—For the Na15 tional Highway Traffic Safety Administration to 

16 carry out chapter 303 of title 49, United States 

17 Code— 

18 (A) $5,105,000 for fiscal year 2016; 

19 (B) $5,212,205 for fiscal year 2017; 

20 (C) $5,321,661 for fiscal year 2018; 

21 (D) $5,433,416 for fiscal year 2019; 

22 (E) $5,547,518 for fiscal year 2020; and 

23 (F) $5,664,016 for fiscal year 2021. 


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1 (5) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 

2 For carrying out section 2009 of SAFETEA–LU (23 

3 U.S.C. 402 note)— 

4 (A) $29,290,000 for fiscal year 2016; 

5 (B) $29,582,900 for fiscal year 2017; 

6 (C) $29,878,729 for fiscal year 2018; 

7 (D) $30,177,516 for fiscal year 2019; 

8 (E) $30,479,291 for fiscal year 2020; and 

9 (F) $30,784,084 for fiscal year 2021. 

10 (6) ADMINISTRATIVE EXPENSES.—For adminis11 trative and related operating expenses of the National 

12 Highway Traffic Safety Administration in carrying 

13 out chapter 4 of title 23, United States Code, and this 

14 subtitle— 

15 (A) $25,755,000 for fiscal year 2016; 

16 (B) $26,012,550 for fiscal year 2017; 

17 (C) $26,272,676 for fiscal year 2018; 

18 (D) $26,535,402 for fiscal year 2019; 

19 (E) $26,800,756 for fiscal year 2020; and 

20 (F) $27,068,764 for fiscal year 2021. 

21 (b) PROHIBITION ON OTHER USES.—Except as other22 wise provided in chapter 4 of title 23, United States Code, 

23 in this subtitle, and in the amendments made by this sub24 title, the amounts made available from the Highway Trust 


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1 Fund (other than the Mass Transit Account) for a program 

2 under such chapter— 

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

4 and 

5 (2) may not be used by States or local govern6 ments for construction purposes. 

7 (c) APPLICABILITY OF TITLE 23.—Except as otherwise 

8 provided in chapter 4 of title 23, United States Code, and 

9 in this subtitle, amounts made available under subsection 

10 (a) for fiscal years 2016 through 2021 shall be available 

11 for obligation in the same manner as if such funds were 

12 apportioned under chapter 1 of title 23, United States Code. 

13 (d) REGULATORY AUTHORITY.—Grants awarded 

14 under this subtitle shall be in accordance with regulations 

15 issued by the Secretary. 

16 (e) STATE MATCHING REQUIREMENTS.—If a grant 

17 awarded under this subtitle requires a State to share in 

18 the cost, the aggregate of all expenditures for highway safety 

19 activities made during any fiscal year by the State and 

20 its political subdivisions (exclusive of Federal funds) for 

21 carrying out the grant (other than planning and adminis22 tration) shall be available for the purpose of crediting the 

23 State during such fiscal year for the non-Federal share of 

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1 penditures were actually made in connection with such 

2 project. 

3 (f) GRANT APPLICATION AND DEADLINE.—To receive 

4 a grant under this subtitle, a State shall submit an applica5 tion, and the Secretary shall establish a single deadline for 

6 such applications to enable the award of grants early in 

7 the next fiscal year. 

8 (g) TRANSFERS.—Section 405(a)(1)(G) of title 23, 

9 United States Code, is amended to read as follows: 

10 ‘‘(G) TRANSFERS.—Notwithstanding sub11 paragraphs (A) through (F), the Secretary shall 

12 reallocate, before the last day of any fiscal year, 

13 any amounts remaining available of the 

14 amounts allocated to carry out any of the activi15 ties described in subsections (b) through (g) to 

16 increase the amount made available to carry out 

17 section 402, in order to ensure, to the maximum 

18 extent possible, that all such amounts are obli19 gated during such fiscal year.’’. 

20 SEC. 4102. HIGHWAY SAFETY PROGRAMS. 

21 (a) RESTRICTION.—Section 402(g) of title 23, United 

22 States Code, is amended to read as follows: 

23 ‘‘(g) RESTRICTION.—Nothing in this section may be 

24 construed to authorize the appropriation or expenditure of 

25 funds for highway construction, maintenance, or design 


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1 (other than design of safety features of highways to be incor2 porated into guidelines).’’. 

3 (b) USE OF FUNDS.— 

4 (1) HIGHWAY SAFETY PROGRAMS.—Section 

5 402(c)(2) of title 23, United States Code, is amended 

6 by inserting ‘‘A State may provide the funds appor7 tioned under this section to a political subdivision of 

8 a State, including Indian tribal governments.’’ after 

9 ‘‘neighboring States.’’. 

10 (2) NATIONAL PRIORITY SAFETY PROGRAMS.— 

11 Section 405(a)(1) is amended by adding at the end 

12 the following: 

13 ‘‘(I) POLITICAL SUBDIVISIONS.—A State 

14 may provide the funds awarded under this sec15 tion to a political subdivision of a State, includ16 ing Indian tribal governments.’’. 

17 (c) TRACKING PROCESS.—Section 412 of title 23, 

18 United States Code, is amended by adding at the end the 

19 following: 

20 ‘‘(f) TRACKING PROCESS.—The Secretary shall develop 

21 a process to identify and mitigate possible systemic issues 

22 across States and regional offices by reviewing oversight 

23 findings and recommended actions identified in triennial 

24 State management reviews.’’. 


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1 (d) HIGHWAY SAFETY PLANS.—Section 402(k)(5)(A) 

2 of title 23, United States Code, is amended by striking ‘‘60’’ 

3 and inserting ‘‘30’’. 

4 (e) MAINTENANCE OF EFFORT.—Section 405(a)(1)(H) 

5 of title 23, United States Code, is amended to read as fol6 lows: 

7 ‘‘(H) MAINTENANCE OF EFFORT CERTIFI8 CATION.—As part of the grant application re9 quired in section 402(k)(3)(F), a State receiving 

10 a grant in any fiscal year under subsection (b), 

11 subsection (c), or subsection (d) of this section 

12 shall provide certification that the lead State 

13 agency responsible for programs described in any 

14 of those sections is maintaining aggregate ex15 penditures at or above the average level of such 

16 expenditures in the 2 fiscal years prior to the 

17 date of enactment of the Comprehensive Trans18 portation and Consumer Protection Act of 

19 2015.’’. 

20 SEC. 4103. GRANTS FOR ALCOHOL-IGNITION INTERLOCK 

21 LAWS AND 24–7 SOBRIETY PROGRAMS. 

22 Section 405(d) of title 23, United States Code, is 

23 amended— 

24 (1) in paragraph (1)(A), by adding ‘‘, including 

25 24–7 sobriety programs’’ after ‘‘and drugs’’; 


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1 (2) in paragraph (6)— 

2 (A) by amending the heading to read as fol3 lows: ‘‘GRANTS TO STATES FOR ALCOHOL-IGNI4 TION INTERLOCK LAWS AND 24–7 SOBRIETY PRO5 GRAMS.—’’; 

6 (B) by amending subparagraph (A) to read 

7 as follows: 

8 ‘‘(A) ALCOHOL-IGNITION INTERLOCK LAWS

9 AND 24–7 SOBRIETY PROGRAMS.— 

10 ‘‘(i) IN GENERAL.—The Secretary shall 

11 make a separate grant under this subsection 

12 to each State that— 

13 ‘‘(I) adopts and is enforcing a law 

14 that requires all individuals convicted 

15 of driving under the influence of alco16 hol or of driving while intoxicated to 

17 receive a restriction on driving privi18 leges; and 

19 ‘‘(II) either— 

20 ‘‘(aa) except as provided 

21 under clause (ii), adopts and is 

22 enforcing a mandatory alcohol-ig23 nition interlock law for all indi24 viduals convicted of driving under 


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1 the influence of alcohol or of driv2 ing while intoxicated; or 

3 ‘‘(bb) provides a 24–7 sobri4 ety program. 

5 ‘‘(ii) EXCEPTIONS.—A State alcohol-ig6 nition interlock law under clause (i)(II)(aa) 

7 may include exceptions for the following 

8 circumstances: 

9 ‘‘(I) The individual is required to 

10 operate an employer’s motor vehicle in 

11 the course and scope of employment 

12 and the business entity that owns the 

13 vehicle is not owned or controlled by 

14 the individual. 

15 ‘‘(II) The individual is certified 

16 by a medical doctor as being unable to 

17 provide a deep lung breath sample for 

18 analysis by an ignition interlock de19 vice.’’; and 

20 (C) in subparagraph (D), by adding at the 

21 end the following: ‘‘Not more than 20 percent of 

22 the funds made available under this paragraph 

23 in a fiscal year may be available to States under 

24 subparagraph (A)(i)(II)(bb).’’; and 

25 (3) in paragraph (7)(A)— 


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1 (A) in the matter preceding clause (i)— 

2 (i) by striking ‘‘or a State agency’’ 

3 and inserting ‘‘or an agency with jurisdic4 tion’’; and 

5 (ii) by inserting ‘‘bond,’’ before ‘‘sen6 tence’’; 

7 (B) in clause (i), by striking ‘‘who plead 

8 guilty or’’ and inserting ‘‘who was arrested, 

9 plead guilty, or’’; and 

10 (C) in clause (ii), by inserting ‘‘at an in11 person testing location’’ after ‘‘per day’’. 

12 SEC. 4104. REPEAT OFFENDER CRITERIA. 

13 Section 164(a) of title 23, United States Code, is 

14 amended— 

15 (1) by redesignating paragraphs (1) through (4) 

16 as paragraphs (2) through (5), respectively; 

17 (2) by inserting before paragraph (2), as redesig18 nated, the following: 

19 ‘‘(1) 24–7 SOBRIETY PROGRAM.—The term ‘24– 

20 7 sobriety program’ has the meaning given the term 

21 in section 405(d)(7)(A).’’; 

22 (3) in paragraph (5), as redesignated— 

23 (A) in the matter preceding subparagraph 

24 (A), by inserting ‘‘or combination of laws or pro25 grams’’ after ‘‘State law’’; and 


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1 (B) by amending subparagraph (A) to read 

2 as follows: 

3 ‘‘(A) receive, for a period of not less than 1 

4 year— 

5 ‘‘(i) a suspension of all driving privi6 leges; 

7 ‘‘(ii) a restriction on driving privileges 

8 that limits the individual to operating only 

9 motor vehicles with an ignition interlock de10 vice installed, unless a special exception ap11 plies; 

12 ‘‘(iii) a restriction on driving privi13 leges that limits the individual to operating 

14 motor vehicles only if participating in, and 

15 complying with, a 24-7 sobriety program; 

16 or 

17 ‘‘(iv) any combination of clauses (i) 

18 through (iii);’’; 

19 (C) by striking subparagraph (B); 

20 (D) by redesignating subparagraphs (C) 

21 and (D) as subparagraphs (B) and (C), respec22 tively; and 

23 (E) in subparagraph (C), as redesignated— 

24 (i) in clause (i)— 


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1 (I) in subclause (I), by striking ‘‘; 

2 or’’ and inserting a semicolon; 

3 (II) in subclause (II), by striking 

4 ‘‘; and’’; and inserting ‘‘; or’’; and 

5 (III) by adding at the end the fol6 lowing: 

7 ‘‘(III) the State certifies that the 

8 general practice is that such an indi9 vidual will be incarcerated; and’’; and 

10 (ii) in clause (ii)— 

11 (I) in subclause (I), by striking ‘‘; 

12 or’’ and inserting a semicolon; 

13 (II) in subclause (II), by striking 

14 ‘‘the period at the end’’; and inserting 

15 ‘‘; or’’; and 

16 (III) by adding at the end the fol17 lowing: 

18 ‘‘(III) the State certifies that the 

19 general practice is that such an indi20 vidual will receive approximately 10 

21 days of incarceration.’’; and 

22 (4) by adding at the end— 

23 ‘‘(6) SPECIAL EXCEPTION.—The term ‘special ex24 ception’ means an exception under a State alcohol-ig25 nition interlock law for the following circumstances: 


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1 ‘‘(A) The individual is required to operate 

2 an employer’s motor vehicle in the course and 

3 scope of employment and the business entity that 

4 owns the vehicle is not owned or controlled by 

5 the individual. 

6 ‘‘(B) The individual is certified by a med7 ical doctor as being unable to provide a deep 

8 lung breath sample for analysis by an ignition 

9 interlock device.’’. 

10 SEC. 4105. STUDY ON THE NATIONAL ROADSIDE SURVEY OF 

11 ALCOHOL AND DRUG USE BY DRIVERS. 

12 Not later than 180 days after the date that the Comp13 troller General reviews and reports on the overall value of 

14 the National Roadside Survey to researchers and other pub15 lic safety stakeholders, the differences between a National 

16 Roadside Survey site and typical law enforcement check17 points, and the effectiveness of the National Roadside Sur18 vey methodology at protecting the privacy of the driving 

19 public, as requested by the Committee on Appropriations 

20 of the Senate on June 5, 2014 (Senate Report 113–182), 

21 the Secretary shall report to Congress on the National High22 way Traffic Safety Administration’s progress toward re23 viewing that report and implementing any recommenda24 tions made in that report. 


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1 SEC. 4106. INCREASING PUBLIC AWARENESS OF THE DAN2 GERS OF DRUG-IMPAIRED DRIVING. 

3 (a) ADDITIONAL ACTIONS.—The Administrator of the 

4 National Highway Traffic Safety Administration, in con5 sultation with the White House Office of National Drug 

6 Control Policy, the Secretary of Health and Human Serv7 ices, State highway safety offices, and other interested par8 ties, as determined by the Administrator, shall identify and 

9 carry out additional actions that should be undertaken by 

10 the Administration to assist States in their efforts to in11 crease public awareness of the dangers of drug-impaired 

12 driving, including the dangers of driving while under the 

13 influence of heroin or prescription opioids. 

14 (b) REPORT.—Not later than 60 days after the date 

15 of enactment of this Act, the Administrator shall submit 

16 a report to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committee on Trans18 portation and Infrastructure of the House of Representa19 tives that describes the additional actions undertaken by the 

20 Administration pursuant to subsection (a). 

21 SEC. 4107. IMPROVEMENT OF DATA COLLECTION ON CHILD 

22 OCCUPANTS IN VEHICLE CRASHES. 

23 (a) IN GENERAL.—Not later than 1 year after the date 

24 of enactment of this Act, the Secretary shall revise the crash 

25 investigation data collection system of the National High26 way Traffic Safety Administration to include the collection 


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1 of the following data in connection with vehicle crashes 

2 whenever a child restraint system was in use in a vehicle 

3 involved in a crash: 

4 (1) The type or types of child restraint systems 

5 in use during the crash in any vehicle involved in the 

6 crash, including whether a five-point harness or belt7 positioning booster. 

8 (2) If a five-point harness child restraint system 

9 was in use during the crash, whether the child re10 straint system was forward-facing or rear-facing in 

11 the vehicle concerned. 

12 (b) CONSULTATION.—In implementing subsection (a), 

13 the Secretary shall work with law enforcement officials, 

14 safety advocates, the medical community, and research or15 ganizations to improve the recordation of data described in 

16 subsection (a) in police and other applicable incident re17 ports. 

18 (c) REPORT.—Not later than 3 years after the date of 

19 enactment of this Act, the Secretary shall submit to the 

20 Committee on Commerce, Science, and Transportation of 

21 the Senate and the Committee on Energy and Commerce 

22 of the House of Representatives a report on child occupant 

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1 istration pursuant to the revision required by subsection 

2 (a). 

3 PART II—STOP MOTORCYCLE CHECKPOINT 

4 FUNDING ACT 

5 SEC. 4121. SHORT TITLE. 

6 This part may be cited as the ‘‘Stop Motorcycle Check7 point Funding Act’’. 

8 SEC. 4122. GRANT RESTRICTION. 

9 Notwithstanding section 153 of title 23, United States 

10 Code, the Secretary may not provide a grant or any funds 

11 to a State, county, town, township, Indian tribe, munici12 pality, or other local government that may be used for any 

13 program— 

14 (1) to check helmet usage; or 

15 (2) to create checkpoints that specifically target 

16 motorcycle operators or motorcycle passengers. 

17 PART III—IMPROVING DRIVER SAFETY ACT OF 

18 2015 

19 SEC. 4131. SHORT TITLE. 

20 This part may be cited as the ‘‘Improving Driver Safe21 ty Act of 2015’’. 

22 SEC. 4132. DISTRACTED DRIVING INCENTIVE GRANTS. 

23 Section 405(e) of title 23, United States Code, is 

24 amended— 


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1 (1) in paragraph (1), by inserting ‘‘includes dis2 tracted driving issues as part of the State’s driver’s 

3 license examination and’’ after ‘‘any State that’’; 

4 (2) in paragraph (2)— 

5 (A) in subparagraph (B), by striking ‘‘and’’ 

6 at the end; 

7 (B) by amending subparagraph (C) to read 

8 as follows: 

9 ‘‘(C) establishes a minimum fine for a vio10 lation of the statute; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(D) does not provide for an exception that 

13 specifically allows a driver to use a personal 

14 wireless communications device for texting while 

15 stopped in traffic.’’; 

16 (3) in paragraph (3)— 

17 (A) by amending subparagraph (A) to read 

18 as follows: 

19 ‘‘(A) prohibits the use of a personal wireless 

20 communications device while driving for driv21 ers— 

22 ‘‘(i) younger than 18 years of age; or 

23 ‘‘(ii) in the learner’s permit and inter24 mediate license stages;’’; and 


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1 (B) by striking subparagraphs (C) and (D) 

2 and inserting the following: 

3 ‘‘(C) establishes a minimum fine for a vio4 lation of the statute; and 

5 ‘‘(D) does not provide for an exception that 

6 specifically allows a driver to text through a per7 sonal wireless communications device while 

8 stopped in traffic.’’; and 

9 (4) in paragraph (4)— 

10 (A) in subparagraph (B)(ii), by striking 

11 ‘‘and’’ at the end; 

12 (B) in subparagraph (C)— 

13 (i) by striking ‘‘section 31152’’ and in14 serting ‘‘section 31136’’; and 

15 (ii) by striking the period at the end 

16 and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(D) any additional exceptions determined 

19 by the Secretary through the rulemaking proc20 ess.’’; 

21 (5) by amending paragraph (6) to read as fol22 lows: 

23 ‘‘(6) ADDITIONAL DISTRACTED DRIVING

24 GRANTS.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding para2 graph (1), the Secretary shall use up to 50 per3 cent of the amounts available for grants under 

4 this subsection to award grants to any State 

5 that— 

6 ‘‘(i) in fiscal year 2017— 

7 ‘‘(I) certifies that it has enacted a 

8 basic text messaging statute that— 

9 ‘‘(aa) is applicable to drivers 

10 of all ages; and 

11 ‘‘(bb) makes violation of the 

12 basic text messaging statute a pri13 mary offense or secondary enforce14 ment action as allowed by State 

15 statute; and 

16 ‘‘(II) is otherwise ineligible for a 

17 grant under this subsection; and 

18 ‘‘(ii) in fiscal year 2018— 

19 ‘‘(I) meets the requirements under 

20 clause (i); 

21 ‘‘(II) imposes fines for violations; 

22 and 

23 ‘‘(III) has a statute that prohibits 

24 drivers who are younger than 18 years 


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1 of age from using a personal wireless 

2 communications device while driving. 

3 ‘‘(B) USE OF GRANT FUNDS.— 

4 ‘‘(i) IN GENERAL.—Notwithstanding 

5 paragraph (5) and subject to clauses (ii) 

6 and (iii) of this subparagraph, amounts re7 ceived by a State under subparagraph (A) 

8 may be used for activities related to the en9 forcement of distracted driving laws, includ10 ing for public information and awareness 

11 purposes. 

12 ‘‘(ii) FISCAL YEAR 2017.—In fiscal year 

13 2017, up to 15 percent of the amounts re14 ceived by a State under subparagraph (A) 

15 may be used for any eligible project or ac16 tivity under section 402. 

17 ‘‘(iii) FISCAL YEAR 2018.—In fiscal 

18 year 2018, up to 25 percent of the amounts 

19 received by a State under subparagraph (A) 

20 may be used for any eligible project or ac21 tivity under section 402.’’; and 

22 (6) in paragraph (9)(A)(i), by striking ‘‘, includ23 ing operation while temporarily stationary because of 

24 traffic, a traffic light or stop sign, or otherwise’’. 


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1 SEC. 4133. BARRIERS TO DATA COLLECTION REPORT. 

2 Not later than 180 days after the date of the enactment 

3 of this Act, the Administrator of the National Highway 

4 Traffic Safety Administration shall submit a report to the 

5 Committee on Commerce, Science, and Transportation of 

6 the Senate, the Committee on Energy and Commerce of the 

7 House of Representatives, and the Committee on Transpor8 tation and Infrastructure of the House of Representatives 

9 that— 

10 (1) identifies any legal and technical barriers to 

11 capturing adequate data on the prevalence of the use 

12 of wireless communications devices while driving; and 

13 (2) provides recommendations on how to address 

14 such barriers. 

15 SEC. 4134. MINIMUM REQUIREMENTS FOR STATE GRAD16 UATED DRIVER LICENSING INCENTIVE 

17 GRANT PROGRAM. 

18 Section 405(g)(2) of title 23, United States Code, is 

19 amended— 

20 (1) in subparagraph (A), by striking ‘‘21’’ and 

21 inserting ‘‘18’’; and 

22 (2) by amending subparagraph (B) to read as 

23 follows: 

24 ‘‘(B) LICENSING PROCESS.—A State is in 

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1 scribed in this subparagraph if the State’s driv2 er’s license laws include— 

3 ‘‘(i) a learner’s permit stage that— 

4 ‘‘(I) is at least 6 months in dura5 tion; 

6 ‘‘(II) contains a prohibition on 

7 the driver using a personal wireless 

8 communications device (as defined in 

9 subsection (e)) while driving except 

10 under an exception permitted under 

11 paragraph (4) of that subsection, and 

12 makes a violation of the prohibition a 

13 primary offense; 

14 ‘‘(III) requires applicants to suc15 cessfully pass a vision and knowledge 

16 assessment prior to receiving a learn17 er’s permit; 

18 ‘‘(IV) requires that the driver be 

19 accompanied and supervised at all 

20 times while the driver is operating a 

21 motor vehicle by a licensed driver who 

22 is at least 21 years of age or is a 

23 State-certified driving instructor; 

24 ‘‘(V) has a requirement that the 

25 driver— 


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1 ‘‘(aa) complete a State-cer2 tified driver education or training 

3 course; or 

4 ‘‘(bb) obtain at least 50 hours 

5 of behind-the-wheel training, with 

6 at least 10 hours at night, with a 

7 licensed driver; 

8 ‘‘(VI) remains in effect until the 

9 driver— 

10 ‘‘(aa) reaches 16 years of age 

11 and enters the intermediate stage; 

12 or 

13 ‘‘(bb) reaches 18 years of age; 

14 ‘‘(ii) an intermediate stage that— 

15 ‘‘(I) commences immediately after 

16 the expiration of the learner’s permit 

17 stage and successful completion of a 

18 driving skills assessment; 

19 ‘‘(II) is at least 6 months in du20 ration; 

21 ‘‘(III) prohibits the driver from 

22 using a personal wireless communica23 tions device (as defined in subsection 

24 (e)) while driving except under an ex25 ception permitted under paragraph (4) 


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1 of that subsection, and makes a viola2 tion of the prohibition a primary of3 fense; 

4 ‘‘(IV) for the first 6 month of the 

5 intermediate stage, restricts driving at 

6 night between the hours of 10:00 p.m. 

7 and 5:00 a.m. when not supervised by 

8 a licensed driver 21 years of age or 

9 older, excluding transportation to 

10 work, school, religious activities, or 

11 emergencies; 

12 ‘‘(V) prohibits the driver from op13 erating a motor vehicle with more than 

14 1 nonfamilial passenger younger than 

15 21 years of age unless a licensed driver 

16 who is at least 21 years of age is in the 

17 motor vehicle; and 

18 ‘‘(VI) remains in effect until the 

19 driver reaches 17 years of age; and 

20 ‘‘(iii) a learner’s permit and inter21 mediate stage that require, in addition to 

22 any other penalties imposed by State law, 

23 the granting of an unrestricted driver’s li24 cense be automatically delayed for any indi25 vidual who, during the learner’s permit or 


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1 intermediate stage, is convicted of a driv2 ing-related offense during the first 6 

3 months, including— 

4 ‘‘(I) driving while intoxicated; 

5 ‘‘(II) misrepresentation of the in6 dividual’s age; 

7 ‘‘(III) reckless driving; 

8 ‘‘(IV) driving without wearing a 

9 seat belt; 

10 ‘‘(V) speeding; or 

11 ‘‘(VI) any other driving-related of12 fense, as determined by the Secretary.’’. 

13 PART IV—TECHNICAL AND CONFORMING 

14 AMENDMENTS 

15 SEC. 4141. TECHNICAL CORRECTIONS TO THE MOTOR VEHI16 CLE AND HIGHWAY SAFETY IMPROVEMENT 

17 ACT OF 2012. 

18 (a) HIGHWAY SAFETY PROGRAMS.—Section 402 of 

19 title 23, United States Code is amended— 

20 (1) in subsection (b)(1)(C), by striking ‘‘except 

21 as provided in paragraph (3),’’; 

22 (2) in subsection (b)(1)(E)— 

23 (A) by striking ‘‘in which a State’’ and in24 serting ‘‘for which a State’’; and 


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1 (B) by striking ‘‘subsection (f)’’ and insert2 ing ‘‘subsection (k)’’; and 

3 (3) in subsection (k)(4), by striking ‘‘paragraph 

4 (2)(A)’’ and inserting ‘‘paragraph (3)(A)’’. 

5 (b) HIGHWAY SAFETY RESEARCH AND DEVELOP6 MENT.—Section 403(e) of title 23, United States Code is 

7 amended by inserting ‘‘of title 49’’ after ‘‘chapter 301’’. 

8 (c) NATIONAL PRIORITY SAFETY PROGRAMS.—Section 

9 405 of title 23, United States Code is amended— 

10 (1) in subsection (d)(5), by striking ‘‘section 

11 402(c)’’ and inserting ‘‘section 402’’; and 

12 (2) in subsection (f)(4)(A)(iv), by striking ‘‘de13 veloped under subsection (g)’’. 

14 Subtitle B—Vehicle Safety 

15 SEC. 4201. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—Subject to subsection (b), there is 

17 authorized to be appropriated to the Secretary to carry out 

18 chapter 301 of title 49, and part C of subtitle VI of title 

19 49, United States Code, amounts as follows: 

20 (1) $132,730,000 for fiscal year 2016. 

21 (2) $135,517,330 for fiscal year 2017. 

22 (3) $138,363,194 for fiscal year 2018. 

23 (4) $141,268,821 for fiscal year 2019. 

24 (5) $144,235,466 for fiscal year 2020. 

25 (6) $147,264,411 for fiscal year 2021. 


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1 (b) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS

2 IF A CERTIFICATION IS MADE.— 

3 (1) IN GENERAL.—In addition to the amounts 

4 authorized to be appropriated under subsection (a) to 

5 carry out chapter 301 of title 49, and part C of sub6 title VI of title 49, United States Code, if the certifi7 cation described in paragraph (2) is made during a 

8 fiscal year there is authorized to be appropriated to 

9 the Secretary for that purpose for that fiscal year and 

10 subsequent fiscal years an additional amount as fol11 lows: 

12 (A) $46,270,000 for fiscal year 2016. 

13 (B) $51,537,670 for fiscal year 2017. 

14 (C) $57,296,336 for fiscal year 2018. 

15 (D) $62,999,728 for fiscal year 2019. 

16 (E) $69,837,974 for fiscal year 2020. 

17 (F) $76,656,407 for fiscal year 2021. 

18 (2) CERTIFICATION DESCRIBED.—The certifi19 cation described in this paragraph is a certification 

20 made by the Inspector General of the Department of 

21 Transportation and submitted to Congress that the 

22 National Highway Traffic Safety Administration has 

23 implemented all of the recommendations in the Office 

24 of Inspector General Audit Report issued June 18, 

25 2015 (ST-2015-063). 


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1 SEC. 4202. INSPECTOR GENERAL RECOMMENDATIONS. 

2 (a) IN GENERAL.—Not later than 90 days after the 

3 date of enactment of this Act, and periodically thereafter 

4 until the completion date, the Department of Transpor5 tation Inspector General shall report to the appropriate 

6 committees of Congress on whether and what progress has 

7 been made to implement the recommendations in the Office 

8 of Inspector General Audit Report issued June 18, 2015 

9 (ST-2015-063). 

10 (b) IMPLEMENTATION PROGRESS.—The Administrator 

11 of the National Highway Traffic Safety Administration 

12 shall— 

13 (1) not later than 90 days after the date of en14 actment of this Act, and periodically thereafter until 

15 the completion date, provide a briefing to the appro16 priate committees of Congress on the actions the Ad17 ministrator has taken to implement the recommenda18 tions in the audit report described in subsection (a), 

19 including a plan for implementing any remaining 

20 recommendations; and 

21 (2) not later than 1 year after the date of enact22 ment of this Act, issue a final report to the appro23 priate committees of Congress on the implementation 

24 of all of the recommendations in the audit report de25 scribed in subsection (a). 

26 (c) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

2 The term ‘‘appropriate committees of Congress’’ 

3 means the Committee on Commerce, Science, and 

4 Transportation of the Senate and the Committee on 

5 Energy and Commerce of the House of Representa6 tives. 

7 (2) COMPLETION DATE.—The term ‘‘completion 

8 date’’ means the date that the National Highway 

9 Traffic Safety Administration has implemented all of 

10 the recommendations in the Office of Inspector Gen11 eral Audit Report issued June 18, 2015 (ST-2015- 

12 063). 

13 SEC. 4203. IMPROVEMENTS IN AVAILABILITY OF RECALL IN14 FORMATION. 

15 (a) VEHICLE RECALL INFORMATION.—Not later than 

16 2 years after the date of enactment of this Act, the Secretary 

17 shall implement current information technology, web design 

18 trends, and best practices that will help ensure that motor 

19 vehicle safety recall information available to the public on 

20 the Federal website is readily accessible and easy to use, 

21 including— 

22 (1) by improving the organization, availability, 

23 readability, and functionality of the website; 

24 (2) by accommodating high-traffic volume; and 


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1 (3) by establishing best practices for scheduling 

2 routine website maintenance. 

3 (b) GOVERNMENT ACCOUNTABILITY OFFICE PUBLIC

4 AWARENESS REPORT.— 

5 (1) IN GENERAL.—The Comptroller General shall 

6 study the current use by consumers, dealers, and 

7 manufacturers of the safety recall information made 

8 available to the public, including the usability and 

9 content of the Federal and manufacturers’ websites 

10 and the National Highway Traffic Safety Adminis11 tration’s efforts to publicize and educate consumers 

12 about safety recall information. 

13 (2) REPORT.—Not later than 2 years after the 

14 date of enactment of this Act, the Comptroller General 

15 shall issue a report with the findings of the study 

16 under paragraph (1), including recommending any 

17 actions the Secretary can take to improve public 

18 awareness and use of the websites for safety recall in19 formation. 

20 (c) PROMOTION OF PUBLIC AWARENESS.—Section 

21 31301(c) of the Moving Ahead for Progress in the 21st Cen22 tury Act (49 U.S.C. 30166 note) is amended to read as fol23 lows: 

24 ‘‘(c) PROMOTION OF PUBLIC AWARENESS.—The Sec25 retary shall improve public awareness of safety recall inforVerDate Sep 11 2014 21:37 May 23, 2016 Jkt 059200 PO 00000 Frm 00737 Fmt 6652 Sfmt 6203 E:\BILLS\S1732.RS S1732

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1 mation made publicly available by periodically updating 

2 the method of conveying that information to consumers, 

3 dealers, and manufacturers, such as through public service 

4 announcements.’’. 

5 (d) CONSUMER GUIDANCE.—Not later than 1 year 

6 after the date of enactment of this Act, the Secretary shall 

7 make available to the public on the Internet detailed guid8 ance for consumers submitting safety complaints, includ9 ing— 

10 (1) a detailed explanation of what information 

11 a consumer should include in a complaint; and 

12 (2) a detailed explanation of the possible actions 

13 the National Highway Traffic Safety Administration 

14 can take to address a complaint and respond to the 

15 consumer, including information on— 

16 (A) the consumer records, such as photo17 graphs and police reports, that could assist with 

18 an investigation; and 

19 (B) the length of time a consumer should re20 tain the records described in subparagraph (A). 

21 (e) VIN SEARCH.— 

22 (1) IN GENERAL.—The Secretary, in coordina23 tion with industry, including manufacturers and 

24 dealers, shall study— 


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1 (A) the feasibility of searching multiple ve2 hicle identification numbers at a time to retrieve 

3 motor vehicle safety recall information; and 

4 (B) the feasibility of making the search 

5 mechanism described under subparagraph (A) 

6 publicly available. 

7 (2) CONSIDERATIONS.—In conducting the study 

8 under paragraph (1), the Secretary shall consider the 

9 potential costs, and potential risks to privacy and se10 curity in implementing such a search mechanism. 

11 SEC. 4204. RECALL PROCESS. 

12 (a) NOTIFICATION IMPROVEMENT.— 

13 (1) IN GENERAL.—Not later than 270 days after 

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

15 prescribe a final rule revising the regulations under 

16 section 577.7 of title 49, Code of Federal Regulations, 

17 to include notification by electronic means in addi18 tion to notification by first class mail. 

19 (2) DEFINITION OF ELECTRONIC MEANS.—In this 

20 subsection, the term ‘‘electronic means’’ includes elec21 tronic mail and may include such other means of 

22 electronic notification, such as social media or tar23 geted online campaigns, as determined by the Sec24 retary. 


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1 (b) NOTIFICATION BY MANUFACTURER.—Section 

2 30118(c) is amended by inserting ‘‘or electronic mail’’ after 

3 ‘‘certified mail’’. 

4 (c) RECALL COMPLETION RATES REPORT.— 

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

6 the date of enactment of this Act, and biennially 

7 thereafter for 4 years, the Secretary shall— 

8 (A) conduct an analysis of vehicle safety re9 call completion rates to assess potential actions 

10 by the National Highway Traffic Safety Admin11 istration to improve vehicle safety recall comple12 tion rates; and 

13 (B) submit to the Committee on Commerce, 

14 Science, and Transportation of the Senate and 

15 the Committee on Energy and Commerce of the 

16 House of Representatives a report on the results 

17 of the analysis. 

18 (2) CONTENTS.—Each report shall include— 

19 (A) the annual recall completion rate by 

20 manufacturer, model year, component (such as 

21 brakes, fuel systems, and air bags), and vehicle 

22 type (passenger car, sport utility vehicle, pas23 senger van, and pick-up truck) for each of the 5 

24 years before the year the report is submitted; 


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1 (B) the methods by which the Secretary has 

2 conducted analyses of these recall completion 

3 rates to determine trends and identify risk fac4 tors associated with lower recall rates; and 

5 (C) the actions the Secretary has planned to 

6 improve recall completion rates based on the re7 sults of this data analysis. 

8 (d) INSPECTOR GENERAL AUDIT OF VEHICLE RE9 CALLS.— 

10 (1) IN GENERAL.—The Department of Transpor11 tation Inspector General shall conduct an audit of the 

12 National Highway Traffic Safety Administration’s 

13 management of vehicle safety recalls. 

14 (2) CONTENTS.—The audit shall include a deter15 mination of whether the National Highway Traffic 

16 Safety Administration— 

17 (A) appropriately monitors recalls to ensure 

18 the appropriateness of scope and adequacy of re19 call completion rates and remedies; 

20 (B) ensures manufacturers provide safe 

21 remedies, at no cost to consumers; 

22 (C) is capable of coordinating recall rem23 edies and processes; and 

24 (D) can improve its policy on consumer no25 tice to combat effects of recall fatigue. 


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1 SEC. 4205. PILOT GRANT PROGRAM FOR STATE NOTIFICA2 TION TO CONSUMERS OF MOTOR VEHICLE 

3 RECALL STATUS. 

4 (a) IN GENERAL.—Not later than October 1, 2016, the 

5 Secretary shall implement a 2-year pilot program to evalu6 ate the feasibility and effectiveness of a State process for 

7 informing consumers of open motor vehicle recalls at the 

8 time of motor vehicle registration in the State. 

9 (b) GRANTS.—To carry out this program, the Sec10 retary may make a grant to each eligible State, but not 

11 more than 6 eligible States in total, that agrees to comply 

12 with the requirements under subsection (c). Funds made 

13 available to a State under this section shall be used by the 

14 State for the pilot program described in subsection (a). 

15 (c) ELIGIBILITY.—To be eligible for a grant, a State 

16 shall— 

17 (1) submit an application in such form and 

18 manner as the Secretary prescribes; 

19 (2) agree to notify, at the time of registration, 

20 each owner or lessee of a motor vehicle presented for 

21 registration in the State of any open recall on that 

22 vehicle; 

23 (3) provide the open motor vehicle recall infor24 mation at no cost to each owner or lessee of a motor 

25 vehicle presented for registration in the State; and 


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1 (4) provide such other information as the Sec2 retary may require. 

3 (d) AWARDS.—In selecting an applicant for an award 

4 under this section, the Secretary shall consider the State’s 

5 methodology for determining open recalls on a motor vehi6 cle, for informing consumers of the open recalls, and for 

7 determining performance. 

8 (e) PERFORMANCE PERIOD.—Each grant awarded 

9 under this section shall require a 2-year performance pe10 riod. 

11 (f) REPORT.—Not later than 90 days after the comple12 tion of the performance period under subsection (e), a 

13 grantee shall provide to the Secretary a report of perform14 ance containing such information as the Secretary con15 siders necessary to evaluate the extent to which open recalls 

16 have been remedied. 

17 (g) EVALUATION.—Not later than 180 days after the 

18 completion of the pilot program, the Secretary shall evalu19 ate the extent to which open recalls identified have been 

20 remedied. 

21 (h) DEFINITIONS.—In this section: 

22 (1) CONSUMER.—The term ‘‘consumer’’ includes 

23 owner and lessee. 


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1 (2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ 

2 has the meaning given the term under section 

3 30102(a) of title 49, United States Code. 

4 (3) OPEN RECALL.—The term ‘‘open recall’’ 

5 means a recall for which a notification by a manufac6 turer has been provided under section 30119 of title 

7 49, United States Code, and that has not been rem8 edied under section 30120 of that title. 

9 (4) REGISTRATION.—The term ‘‘registration’’ 

10 means the process for registering motor vehicles in the 

11 State. 

12 (5) STATE.—The term ‘‘State’’ has the meaning 

13 given the term under section 101(a) of title 23, 

14 United States Code. 

15 SEC. 4206. RECALL OBLIGATIONS UNDER BANKRUPTCY. 

16 Section 30120A is amended by striking ‘‘chapter 11 

17 of title 11,’’ and inserting ‘‘chapter 7 or chapter 11 of title 

18 11’’. 

19 SEC. 4207. DEALER REQUIREMENT TO CHECK FOR OPEN RE20 CALL. 

21 Section 30120(f) is amended— 

22 (1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘A 

23 manufacturer’’ and indenting appropriately; 


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1 (2) in paragraph (1), as redesignated, by strik2 ing the period at the end and inserting the following: 

3 ‘‘if— 

4 ‘‘(A) at the time of providing service for 

5 each of the manufacturer’s motor vehicles it serv6 ices, the dealer notifies the owner or the indi7 vidual requesting the service of any open recall; 

8 and 

9 ‘‘(B) the notification requirement under 

10 subparagraph (A) is specified in a franchise, op11 erating, or other agreement between the dealer 

12 and the manufacturer.’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(2) DEFINITION OF OPEN RECALL.—In this sub15 section, the term ‘open recall’ means a recall for 

16 which a notification by a manufacturer has been pro17 vided under section 30119 and that has not been rem18 edied under this section.’’. 

19 SEC. 4208. EXTENSION OF TIME PERIOD FOR REMEDY OF 

20 TIRE DEFECTS. 

21 Section 30120(b) of title 49, United States Code, is 

22 amended— 

23 (1) in paragraph (1), by striking ‘‘60 days’’ and 

24 inserting ‘‘180 days’’; and 


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1 (2) in paragraph (2), by striking ‘‘60-day’’ each 

2 place it appears and inserting ‘‘180-day’’. 

3 SEC. 4209. RENTAL CAR SAFETY. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Raechel and Jacqueline Houck Safe Rental Car Act of 

6 2015’’. 

7 (b) DEFINITIONS.—Section 30102(a) is amended— 

8 (1) by redesignating paragraphs (10) and (11) 

9 as paragraphs (12) and (13), respectively; 

10 (2) by redesignating paragraphs (1) through (9) 

11 as paragraphs (2) through (10), respectively; 

12 (3) by inserting before paragraph (2), as redesig13 nated, the following: 

14 ‘‘(1) ‘covered rental vehicle’ means a motor vehi15 cle that— 

16 ‘‘(A) has a gross vehicle weight rating of 

17 10,000 pounds or less; 

18 ‘‘(B) is rented without a driver for an ini19 tial term of less than 4 months; and 

20 ‘‘(C) is part of a motor vehicle fleet of 5 or 

21 more motor vehicles that are used for rental pur22 poses by a rental company.’’; and 

23 (4) by inserting after paragraph (10), as redesig24 nated, the following: 

25 ‘‘(11) ‘rental company’ means a person who— 


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1 ‘‘(A) is engaged in the business of renting 

2 covered rental vehicles; and 

3 ‘‘(B) uses for rental purposes a motor vehi4 cle fleet of 5 or more covered rental vehicles.’’. 

5 (c) REMEDIES FOR DEFECTS AND NONCOMPLIANCE.— 

6 Section 30120(i) is amended— 

7 (1) in the subsection heading, by adding ‘‘, OR

8 RENTAL’’ at the end; 

9 (2) in paragraph (1)— 

10 (A) by striking ‘‘(1) If notification’’ and in11 serting the following: 

12 ‘‘(1) IN GENERAL.—If notification’’; 

13 (B) by indenting subparagraphs (A) and 

14 (B) four ems from the left margin; 

15 (C) by inserting ‘‘or the manufacturer has 

16 provided to a rental company notification about 

17 a covered rental vehicle in the company’s posses18 sion at the time of notification’’ after ‘‘time of 

19 notification’’; 

20 (D) by striking ‘‘the dealer may sell or 

21 lease’’ and inserting ‘‘the dealer or rental com22 pany may sell, lease, or rent’’; and 

23 (E) in subparagraph (A), by striking ‘‘sale 

24 or lease’’ and inserting ‘‘sale, lease, or rental 

25 agreement’’; 


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1 (3) by amending paragraph (2) to read as fol2 lows: 

3 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection may be construed to prohibit a dealer or 

5 rental company from offering the vehicle or equip6 ment for sale, lease, or rent.’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(3) SPECIFIC RULES FOR RENTAL COMPA9 NIES.— 

10 ‘‘(A) IN GENERAL.—Except as otherwise 

11 provided under this paragraph, a rental com12 pany shall comply with the limitations on sale, 

13 lease, or rental set forth in subparagraph (C) 

14 and paragraph (1) as soon as practicable, but 

15 not later than 24 hours after the earliest receipt 

16 of the notice to owner under subsection (b) or (c) 

17 of section 30118 (including the vehicle identifica18 tion number for the covered vehicle) by the rental 

19 company, whether by electronic means or first 

20 class mail. 

21 ‘‘(B) SPECIAL RULE FOR LARGE VEHICLE

22 FLEETS.—Notwithstanding subparagraph (A), if 

23 a rental company receives a notice to owner cov24 ering more than 5,000 motor vehicles in its fleet, 

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1 tations on sale, lease, or rental set forth in sub2 paragraph (C) and paragraph (1) as soon as 

3 practicable, but not later than 48 hours after the 

4 earliest receipt of the notice to owner under sub5 section (b) or (c) of section 30118 (including the 

6 vehicle identification number for the covered ve7 hicle) by the rental company, whether by elec8 tronic means or first class mail. 

9 ‘‘(C) SPECIAL RULE FOR WHEN REMEDIES

10 NOT IMMEDIATELY AVAILABLE.—If a notification 

11 required under subsection (b) or (c) of section 

12 30118 indicates that the remedy for the defect or 

13 noncompliance is not immediately available and 

14 specifies actions to temporarily alter the vehicle 

15 that eliminate the safety risk posed by the defect 

16 or noncompliance, the rental company, after 

17 causing the specified actions to be performed, 

18 may rent (but may not sell or lease) the motor 

19 vehicle. Once the remedy for the rental vehicle be20 comes available to the rental company, the rental 

21 company may not rent the vehicle until the vehi22 cle has been remedied, as provided in subsection 

23 (a). 

24 ‘‘(D) INAPPLICABILITY TO JUNK AUTO25 MOBILES.—Notwithstanding paragraph (1), this 


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1 subsection does not prohibit a rental company 

2 from selling a covered rental vehicle if such vehi3 cle— 

4 ‘‘(i) meets the definition of a junk 

5 automobile under section 201 of the Anti6 Car Theft Act of 1992 (49 U.S.C. 30501); 

7 ‘‘(ii) is retitled as a junk automobile 

8 pursuant to applicable State law; and 

9 ‘‘(iii) is reported to the National Motor 

10 Vehicle Information System, if required 

11 under section 204 of such Act (49 U.S.C. 

12 30504).’’. 

13 (d) MAKING SAFETY DEVICES AND ELEMENTS INOP14 ERATIVE.—Section 30122(b) is amended by inserting ‘‘rent15 al company,’’ after ‘‘dealer,’’ each place such term appears. 

16 (e) INSPECTIONS, INVESTIGATIONS, AND RECORDS.— 

17 Section 30166 is amended— 

18 (1) in subsection (c)(2), by striking ‘‘or dealer’’ 

19 each place such term appears and inserting ‘‘dealer, 

20 or rental company’’; 

21 (2) in subsection (e), by striking ‘‘or dealer’’ each 

22 place such term appears and inserting ‘‘dealer, or 

23 rental company’’; and 

24 (3) in subsection (f), by striking ‘‘or to owners’’ 

25 and inserting ‘‘, rental companies, or other owners’’. 


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1 (f) RESEARCH AUTHORITY.—The Secretary of Trans2 portation may conduct a study of— 

3 (1) the effectiveness of the amendments made by 

4 this section; and 

5 (2) other activities of rental companies (as de6 fined in section 30102(a)(11) of title 49, United 

7 States Code) related to their use and disposition of 

8 motor vehicles that are the subject of a notification re9 quired under section 30118 of title 49, United States 

10 Code. 

11 (g) STUDY.— 

12 (1) ADDITIONAL REQUIREMENT.—Section 

13 32206(b)(2) of the Moving Ahead for Progress in the 

14 21st Century Act (Public Law 112–141; 126 Stat. 

15 785) is amended— 

16 (A) in subparagraph (E), by striking ‘‘and’’ 

17 at the end; 

18 (B) by redesignating subparagraph (F) as 

19 subparagraph (G); and 

20 (C) by inserting after subparagraph (E) the 

21 following: 

22 ‘‘(F) evaluate the completion of safety recall 

23 remedies on rental trucks; and’’. 

24 (2) REPORT.—Section 32206(c) of such Act is 

25 amended— 


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1 (A) by redesignating paragraphs (1) and 

2 (2) as subparagraphs (A) and (B), respectively; 

3 (B) by striking ‘‘REPORT.—Not later’’ and 

4 inserting the following: 

5 ‘‘REPORTS.— 

6 ‘‘(1) INITIAL REPORT.—Not later’’; 

7 (C) in paragraph (A), as redesignated, by 

8 striking ‘‘subsection (b)’’ and inserting ‘‘sub9 paragraphs (A) through (E) and (G) of sub10 section (b)(2)’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(2) SAFETY RECALL REMEDY REPORT.—Not 

13 later than 1 year after the date of the enactment of 

14 the ‘Raechel and Jacqueline Houck Safe Rental Car 

15 Act of 2015’, the Secretary shall submit a report to 

16 the congressional committees set forth in paragraph 

17 (1) that contains— 

18 ‘‘(A) the findings of the study conducted 

19 pursuant to subsection (b)(2)(F); and 

20 ‘‘(B) any recommendations for legislation 

21 that the Secretary determines to be appro22 priate.’’. 

23 (h) PUBLIC COMMENTS.—The Secretary shall solicit 

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1 sumer organizations, automobile manufacturers, and auto2 mobile dealers. 

3 (i) RULE OF CONSTRUCTION.—Nothing in this section 

4 or the amendments made by this section— 

5 (1) may be construed to create or increase any 

6 liability, including for loss of use, for a manufacturer 

7 as a result of having manufactured or imported a 

8 motor vehicle subject to a notification of defect or 

9 noncompliance under subsection (b) or (c) of section 

10 30118 of title 49, United States Code; or 

11 (2) shall supersede or otherwise affect the con12 tractual obligations, if any, between such a manufac13 turer and a rental company (as defined in section 

14 30102(a) of title 49, United States Code). 

15 (j) RULEMAKING.—The Secretary may promulgate 

16 rules, as appropriate, to implement this section and the 

17 amendments made by this section. 

18 (k) EFFECTIVE DATE.—The amendments made by this 

19 section shall take effect on the date that is 180 days after 

20 the date of enactment of this Act. 

21 SEC. 4210. MOTOR VEHICLE EQUIPMENT. 

22 Section 30102(a)(7)(C) of title 49, United States Code, 

23 is amended by inserting ‘‘, excluding portable wireless com24 munications devices and associated applications and soft25 ware used with such devices, which do not operate or control 


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1 a critical or primary system, part, or component of a motor 

2 vehicle,’’ after ‘‘device’’. 

3 SEC. 4211. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS 

4 OF MOTOR VEHICLE SAFETY. 

5 (a) INCREASE IN CIVIL PENALTIES.—Section 30165(a) 

6 is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘$5,000’’ and inserting 

9 ‘‘$14,000’’; and 

10 (B) by striking ‘‘$35,000,000’’ and inserting 

11 ‘‘$70,000,000’’; and 

12 (2) in paragraph (3)— 

13 (A) by striking ‘‘$5,000’’ and inserting 

14 ‘‘$14,000’’; and 

15 (B) by striking ‘‘$35,000,000’’ and inserting 

16 ‘‘$70,000,000’’. 

17 (b) EFFECTIVE DATE.—The amendments made by sub18 section (a) of this section take effect on the later of the fol19 lowing: 

20 (1) The date that the Secretary certifies to Con21 gress that the National Highway Traffic Safety Ad22 ministration has issued the final rule required by sec23 tion 31203(b) of the Moving Ahead for Progress In the 

24 21st Century Act (Public Law 112-141; 126 Stat. 

25 758; 49 U.S.C. 30165 note). 


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1 (2) The date that the Inspector General of the 

2 Department of Transportation certifies to Congress 

3 that the National Highway Traffic Safety Adminis4 tration has implemented all of the recommendations 

5 in the Office of Inspector General Audit Report issued 

6 on June 18, 2015 (ST-2015-063). 

7 (c) PUBLICATION OF EFFECTIVE DATE.—The Sec8 retary shall publish notice of the effective date under sub9 section (b) of this section in the Federal Register. 

10 SEC. 4212. ELECTRONIC ODOMETER DISCLOSURES. 

11 Section 32705(g) is amended— 

12 (1) by inserting ‘‘(1)’’ before ‘‘Not later than’’ 

13 and indenting appropriately; and 

14 (2) by adding at the end the following: 

15 ‘‘(2) Notwithstanding paragraph (1) and subject 

16 to paragraph (3), a State, without approval from the 

17 Secretary under subsection (d), may allow for written 

18 disclosures or notices and related matters to be pro19 vided electronically if— 

20 ‘‘(A) in compliance with— 

21 ‘‘(i) the requirements of subchapter 1 of 

22 chapter 96 of title 15; or 

23 ‘‘(ii) the requirements of a State law 

24 under section 7002(a) of title 15; and 


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1 ‘‘(B) the disclosures or notices otherwise 

2 meet the requirements under this section, includ3 ing appropriate authentication and security 

4 measures. 

5 ‘‘(3) Paragraph (2) ceases to be effective on the 

6 date the regulations under paragraph (1) become ef7 fective.’’. 

8 SEC. 4213. CORPORATE RESPONSIBILITY FOR NHTSA RE9 PORTS. 

10 Section 30166(o) is amended— 

11 (1) in paragraph (1), by striking ‘‘may’’ and in12 serting ‘‘shall’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(3) DEADLINE.—Not later than 1 year after the 

15 date of enactment of the Comprehensive Transpor16 tation and Consumer Protection Act of 2015, the Sec17 retary shall issue a final rule under paragraph (1).’’. 

18 SEC. 4214. DIRECT VEHICLE NOTIFICATION OF RECALLS. 

19 (a) RECALL NOTIFICATION REPORT.—Not later than 

20 1 year after the date of enactment of this Act, the Secretary 

21 shall issue a report on the feasibility of a technical system 

22 that would operate in each new motor vehicle to indicate 

23 when the vehicle is subject to an open recall. 

24 (b) DEFINITION OF OPEN RECALL.—In this section the 

25 term ‘‘open recall’’ means a recall for which a notification 


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1 by a manufacturer has been provided under section 30119 

2 of title 49, United States Code, and that has not been rem3 edied under section 30120 of that title. 

4 SEC. 4215. UNATTENDED CHILDREN WARNING. 

5 Section 31504(a) of the Moving Ahead for Progress in 

6 the 21st Century Act (49 U.S.C. 30111 note) is amended 

7 by striking ‘‘may’’ and inserting ‘‘shall’’. 

8 SEC. 4216. TIRE PRESSURE MONITORING SYSTEM. 

9 (a) PROPOSED RULE.—Not later than 1 year after the 

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

11 a proposed rule that updates the standards pertaining to 

12 tire pressure monitoring systems to ensure that a tire pres13 sure monitoring system cannot be overridden, reset, or re14 calibrated to an unsafe pressure level. 

15 (b) FINAL RULE.—Not later than 2 years after the date 

16 of enactment of this Act, after providing the public with 

17 sufficient opportunity for notice and comment on the pro18 posed rule published under subsection (a), the Secretary 

19 shall issue a final rule on the subject described in subsection 

20 (a). 


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1 Subtitle C—Research and Develop2 ment and Vehicle Electronics 

3 SEC. 4301. REPORT ON OPERATIONS OF THE COUNCIL FOR 

4 VEHICLE ELECTRONICS, VEHICLE SOFTWARE, 

5 AND EMERGING TECHNOLOGIES. 

6 Not later than 1 year after the date of enactment of 

7 this Act, the Secretary shall submit to the Committee on 

8 Commerce, Science, and Transportation of the Senate and 

9 the Committee on Energy and Commerce of the House of 

10 Representatives a report regarding the operations of the 

11 Council for Vehicle Electronics, Vehicle Software, and 

12 Emerging Technologies established under section 31401 of 

13 the Moving Ahead for Progress in the 21st Century Act (49 

14 U.S.C. 105 note). The report shall include information 

15 about the accomplishments of the Council, the role of the 

16 Council in integrating and aggregating electronic and 

17 emerging technologies expertise across the National High18 way Traffic Safety Administration, the role of the Council 

19 in coordinating with other Federal agencies, and the prior20 ities of the Council over the next 5 years. 

21 SEC. 4302. COOPERATION WITH FOREIGN GOVERNMENTS. 

22 (a) TITLE 49 AMENDMENT.—Section 30182(b) is 

23 amended— 

24 (1) in paragraph (4), by striking ‘‘; and’’ and 

25 inserting a semicolon; 


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1 (2) in paragraph (5), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by inserting after paragraph (5) the fol4 lowing: 

5 ‘‘(6) in coordination with Department of State, 

6 enter into cooperative agreements and collaborative 

7 research and development agreements with foreign 

8 governments.’’. 

9 (b) TITLE 23 AMENDMENT.—Section 403 of title 23, 

10 United States Code, is amended— 

11 (1) in subsection (b)(2)(C), by inserting ‘‘foreign 

12 government (in coordination with the Department of 

13 State)’’ after ‘‘institution,’’; and 

14 (2) in subsection (c)(1)(A), by inserting ‘‘foreign 

15 governments,’’ after ‘‘local governments,’’. 

16 (c) AUDIT.—The Department of Transportation In17 spector General shall conduct an audit of the Secretary of 

18 Transportation’s management and oversight of cooperative 

19 agreements and collaborative research and development 

20 agreements, including any cooperative agreements between 

21 the Secretary of Transportation and foreign governments 

22 under section 30182(b)(6) of title 49, United States Code, 

23 and subsections (b)(2)(C) and (c)(1)(A) of title 23, United 

24 States Code. 


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1 Subtitle D—Miscellaneous 

2 Provisions 

3 PART I—DRIVER PRIVACY ACT OF 2015 

4 SEC. 4401. SHORT TITLE. 

5 This part may be cited as the ‘‘Driver Privacy Act 

6 of 2015’’. 

7 SEC. 4402. LIMITATIONS ON DATA RETRIEVAL FROM VEHI8 CLE EVENT DATA RECORDERS. 

9 (a) OWNERSHIP OF DATA.—Any data retained by an 

10 event data recorder (as defined in section 563.5 of title 49, 

11 Code of Federal Regulations), regardless of when the motor 

12 vehicle in which it is installed was manufactured, is the 

13 property of the owner, or, in the case of a leased vehicle, 

14 the lessee of the motor vehicle in which the event data re15 corder is installed. 

16 (b) PRIVACY.—Data recorded or transmitted by an 

17 event data recorder described in subsection (a) may not be 

18 accessed by a person other than an owner or a lessee of the 

19 motor vehicle in which the event data recorder is installed 

20 unless— 

21 (1) a court or other judicial or administrative 

22 authority having jurisdiction— 

23 (A) authorizes the retrieval of the data; and 

24 (B) to the extent that there is retrieved 

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1 mission into evidence required by that court or 

2 other administrative authority; 

3 (2) an owner or a lessee of the motor vehicle pro4 vides written, electronic, or recorded audio consent to 

5 the retrieval of the data for any purpose, including 

6 the purpose of diagnosing, servicing, or repairing the 

7 motor vehicle, or by agreeing to a subscription that 

8 describes how data will be retrieved and used; 

9 (3) the data is retrieved pursuant to an inves10 tigation or inspection authorized under section 

11 1131(a) or 30166 of title 49, United States Code, and 

12 the personally identifiable information of an owner or 

13 a lessee of the vehicle and the vehicle identification 

14 number is not disclosed in connection with the re15 trieved data, except that the vehicle identification 

16 number may be disclosed to the certifying manufac17 turer; 

18 (4) the data is retrieved for the purpose of deter19 mining the need for, or facilitating, emergency med20 ical response in response to a motor vehicle crash; or 

21 (5) the data is retrieved for traffic safety re22 search, and the personally identifiable information of 

23 an owner or a lessee of the vehicle and the vehicle 

24 identification number is not disclosed in connection 

25 with the retrieved data. 


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1 SEC. 4403. VEHICLE EVENT DATA RECORDER STUDY. 

2 (a) IN GENERAL.—Not later than 1 year after the date 

3 of enactment of this Act, the Administrator of the National 

4 Highway Traffic Safety Administration shall submit to 

5 Congress a report that contains the results of a study con6 ducted by the Administrator to determine the amount of 

7 time event data recorders installed in passenger motor vehi8 cles should capture and record for retrieval vehicle-related 

9 data in conjunction with an event in order to provide suffi10 cient information to investigate the cause of motor vehicle 

11 crashes. 

12 (b) RULEMAKING.—Not later than 2 years after sub13 mitting the report required under subsection (a), the Ad14 ministrator of the National Highway Traffic Safety Ad15 ministration shall promulgate regulations to establish the 

16 appropriate period during which event data recorders in17 stalled in passenger motor vehicles may capture and record 

18 for retrieval vehicle-related data to the time necessary to 

19 provide accident investigators with vehicle-related informa20 tion pertinent to crashes involving such motor vehicles. 

21 PART II—SAFETY THROUGH INFORMED 

22 CONSUMERS ACT OF 2015 

23 SEC. 4421. SHORT TITLE. 

24 This part may be cited as the ‘‘Safety Through In25 formed Consumers Act of 2015’’. 


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1 SEC. 4422. PASSENGER MOTOR VEHICLE INFORMATION. 

2 Section 32302 is amended by inserting after subsection 

3 (b) the following: 

4 ‘‘(c) CRASH AVOIDANCE.—Not later than 1 year after 

5 the date of enactment of the Safety Through Informed Con6 sumers Act of 2015, the Secretary shall promulgate a rule 

7 to ensure that crash avoidance information is indicated 

8 next to crashworthiness information on stickers placed on 

9 motor vehicles by their manufacturers.’’. 

10 PART III—TIRE EFFICIENCY, SAFETY, AND 

11 REGISTRATION ACT OF 2015 

12 SEC. 4431. SHORT TITLE. 

13 This part may be cited as the ‘‘Tire Efficiency, Safety, 

14 and Registration Act of 2015’’ or the ‘‘TESR Act’’. 

15 SEC. 4432. TIRE FUEL EFFICIENCY MINIMUM PERFORM16 ANCE STANDARDS. 

17 Section 32304A is amended— 

18 (1) in the section heading, by inserting ‘‘AND

19 STANDARDS’’ after ‘‘CONSUMER TIRE INFORMA20 TION’’; 

21 (2) in subsection (a)— 

22 (A) in the heading, by striking ‘‘RULE23 MAKING’’ and inserting ‘‘CONSUMER TIRE IN24 FORMATION’’; and 


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1 (B) in paragraph (1), by inserting ‘‘(re2 ferred to in this section as the ‘Secretary’)’’ after 

3 ‘‘Secretary of Transportation’’; 

4 (3) by redesignating subsections (b) through (e) 

5 as subsections (e) though (h), respectively; and 

6 (4) by inserting after subsection (a) the fol7 lowing: 

8 ‘‘(b) PROMULGATION OF REGULATIONS FOR TIRE

9 FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS.— 

10 ‘‘(1) IN GENERAL.—The Secretary, after con11 sultation with the Secretary of Energy and the Ad12 ministrator of the Environmental Protection Agency, 

13 shall promulgate regulations for tire fuel efficiency 

14 minimum performance standards for— 

15 ‘‘(A) passenger car tires with a maximum 

16 speed capability equal to or less than 149 miles 

17 per hour or 240 kilometers per hour; and 

18 ‘‘(B) passenger car tires with a maximum 

19 speed capability greater than 149 miles per hour 

20 or 240 kilometers per hour. 

21 ‘‘(2) TIRE FUEL EFFICIENCY MINIMUM PERFORM22 ANCE STANDARDS.— 

23 ‘‘(A) STANDARD BASIS AND TEST PROCE24 DURES.—The minimum performance standards 

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1 pressed in terms of the rolling resistance coeffi2 cient measured using the test procedure specified 

3 in section 575.106 of title 49, Code of Federal 

4 Regulations (as in effect on the date of enact5 ment of this Act). 

6 ‘‘(B) NO DISPARATE EFFECT ON HIGH PER7 FORMANCE TIRES.—The Secretary shall ensure 

8 that the minimum performance standards pro9 mulgated under paragraph (1) will not have a 

10 disproportionate effect on passenger car high 

11 performance tires with a maximum speed capa12 bility greater than 149 miles per hour or 240 

13 kilometers per hour. 

14 ‘‘(C) APPLICABILITY.— 

15 ‘‘(i) IN GENERAL.—This subsection ap16 plies to new pneumatic tires for use on pas17 senger cars. 

18 ‘‘(ii) EXCEPTIONS.—This subsection 

19 does not apply to light truck tires, deep 

20 tread tires, winter-type snow tires, space21 saver or temporary use spare tires, or tires 

22 with nominal rim diameters of 12 inches or 

23 less. 

24 ‘‘(c) PROMULGATION OF REGULATIONS FOR TIRE WET

25 TRACTION MINIMUM PERFORMANCE STANDARDS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall promul2 gate regulations for tire wet traction minimum per3 formance standards to ensure that passenger tire wet 

4 traction capability is not reduced to achieve improved 

5 tire fuel efficiency. 

6 ‘‘(2) TIRE WET TRACTION MINIMUM PERFORM7 ANCE STANDARDS.— 

8 ‘‘(A) BASIS OF STANDARD.—The minimum 

9 performance standards promulgated under para10 graph (1) shall be expressed in terms of peak co11 efficient of friction. 

12 ‘‘(B) TEST PROCEDURES.—Any test proce13 dure promulgated under this subsection shall be 

14 consistent with any test procedure promulgated 

15 under subsection (a). 

16 ‘‘(C) BENCHMARKING.—The Secretary shall 

17 conduct testing to benchmark the wet traction 

18 performance of tire models available for sale in 

19 the United States as of the date of enactment of 

20 this Act to ensure that the minimum perform21 ance standards promulgated under paragraph 

22 (1) are tailored to— 

23 ‘‘(i) tires sold in the United States; 

24 and 


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1 ‘‘(ii) the needs of consumers in the 

2 United States. 

3 ‘‘(D) APPLICABILITY.— 

4 ‘‘(i) IN GENERAL.—This subsection ap5 plies to new pneumatic tires for use on pas6 senger cars. 

7 ‘‘(ii) EXCEPTIONS.—This subsection 

8 does not apply to light truck tires, deep 

9 tread tires, winter-type snow tires, space10 saver or temporary use spare tires, or tires 

11 with nominal rim diameters of 12 inches or 

12 less. 

13 ‘‘(d) COORDINATION AMONG REGULATIONS.— 

14 ‘‘(1) COMPATIBILITY.—The Secretary shall en15 sure that the test procedures and requirements pro16 mulgated under subsections (a), (b), and (c) are com17 patible and consistent. 

18 ‘‘(2) COMBINED EFFECT OF RULES.—The Sec19 retary shall evaluate the regulations promulgated 

20 under subsections (b) and (c) to ensure that compli21 ance with the minimum performance standards pro22 mulgated under subsection (b) will not diminish wet 

23 traction performance of affected tires. 

24 ‘‘(3) RULEMAKING DEADLINES.—The Secretary 

25 shall promulgate — 


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1 ‘‘(A) the regulations under subsections (b) 

2 and (c) not later than 24 months after the date 

3 of enactment of this Act; and 

4 ‘‘(B) the regulations under subsection (c) 

5 not later than the date of promulgation of the 

6 regulations under subsection (b).’’. 

7 SEC. 4433. TIRE REGISTRATION BY INDEPENDENT SELLERS. 

8 Section 30117(b) is amended by striking paragraph 

9 (3) and inserting the following: 

10 ‘‘(3) RULEMAKING.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall ini12 tiate a rulemaking to require a distributor or 

13 dealer of tires that is not owned or controlled by 

14 a manufacturer of tires to maintain records of— 

15 ‘‘(i) the name and address of tire pur16 chasers and lessors and information identi17 fying the tire that was purchased or leased; 

18 and 

19 ‘‘(ii) any additional records the Sec20 retary considers appropriate. 

21 ‘‘(B) ELECTRONIC TRANSMISSION.—The 

22 rulemaking carried out under subparagraph (A) 

23 shall require a distributor or dealer of tires that 

24 is not owned or controlled by a manufacturer of 

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1 scribed in clauses (i) and (ii) of subparagraph 

2 (A) to the manufacturer of the tires or the des3 ignee of the manufacturer by secure means at no 

4 cost to tire purchasers or lessors. 

5 ‘‘(C) SATISFACTION OF REQUIREMENTS.—A 

6 regulation promulgated under subparagraph (A) 

7 may be considered to satisfy the requirements of 

8 paragraph (2)(B).’’. 

9 SEC. 4434. TIRE RECALL DATABASE. 

10 (a) IN GENERAL.—The Secretary shall establish a pub11 licly available and searchable electronic database of tire re12 call information that is reported to the Administrator of 

13 the National Highway Traffic Safety Administration. 

14 (b) TIRE IDENTIFICATION NUMBER.—The database es15 tablished under subsection (a) shall be searchable by Tire 

16 Identification Number (TIN) and any other criteria that 

17 assists consumers in determining whether a tire is subject 

18 to a recall. 

19 TITLE V—RAILROAD REFORM, 

20 ENHANCEMENT, AND EFFI21 CIENCY 

22 SEC. 5001. SHORT TITLE. 

23 This title may be cited as the ‘‘Rail Reform, Enhance24 ment, and Efficiency Act’’. 


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1 SEC. 5002. PASSENGER TRANSPORTATION; DEFINITIONS. 

2 Section 24102 is amended— 

3 (1) by redesignating paragraphs (5) through (9) 

4 as paragraphs (6) through (10), respectively; 

5 (2) by inserting after paragraph (4), the fol6 lowing: 

7 ‘‘(5) ‘long-distance route’ means a route de8 scribed in paragraph (6)(C).’’; 

9 (3) by amending paragraph (6)(A), as redesig10 nated, to read as follows: 

11 ‘‘(A) the Northeast Corridor main line be12 tween Boston, Massachusetts and the Virginia 

13 Avenue interlocking in the District of Columbia, 

14 and the facilities and services used to operate 

15 and maintain that line;’’; 

16 (4) in paragraph (7), as redesignated, by strik17 ing the period at the end and inserting ‘‘, except that 

18 the term ‘Northeast Corridor’ for the purposes of 

19 chapter 243 means the main line between Boston, 

20 Massachusetts and the Virginia Avenue interlocking 

21 in the District of Columbia, and the facilities and 

22 services used to operate and maintain that line.’’; and 

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

24 ‘‘(11) ‘state-of-good-repair’ means a condition in 

25 which physical assets, both individually and as a sys26 tem, are— 


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1 ‘‘(A) performing at a level at least equal to 

2 that called for in their as-built or as-modified 

3 design specification during any period when the 

4 life cycle cost of maintaining the assets is lower 

5 than the cost of replacing them; and 

6 ‘‘(B) sustained through regular mainte7 nance and replacement programs. 

8 ‘‘(12) ‘State-supported route’ means a route de9 scribed in paragraph (6)(B) or paragraph (6)(D), or 

10 in section 24702(a).’’. 

11 Subtitle A—Authorization of 

12 Appropriations 

13 SEC. 5101. AUTHORIZATION OF GRANTS TO AMTRAK. 

14 (a) IN GENERAL.—There are authorized to be appro15 priated to the Secretary for the use of Amtrak for deposit 

16 into the accounts established under section 24319(a) of title 

17 49, United States Code, the following amounts: 

18 (1) For fiscal year 2016, $1,450,000,000. 

19 (2) For fiscal year 2017, $1,550,000,000. 

20 (3) For fiscal year 2018, $1,700,000,000. 

21 (4) For fiscal year 2019, $1,900,000,000. 

22 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec23 retary may withhold up to one half of 1 percent of the 

24 amount appropriated under subsection (a) for the costs of 

25 management oversight of Amtrak. 


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1 (c) COMPETITION.—In administering grants to Am2 trak under section 24318 of title 49, United States Code, 

3 the Secretary may withhold, from amounts that would oth4 erwise be made available to Amtrak, such sums as are nec5 essary from the amount appropriated under subsection (a) 

6 of this section to cover the operating subsidy described in 

7 section 24711(b)(1)(E)(ii) of title 49, United States Code. 

8 (d) STATE-SUPPORTED ROUTE COMMITTEE.—The 

9 Secretary may withhold up to $2,000,000 from the amount 

10 appropriated in each fiscal year under subsection (a) of this 

11 section for the use of the State-Supported Route Committee 

12 established under section 24712 of title 49, United States 

13 Code. 

14 (e) NORTHEAST CORRIDOR COMMISSION.—The Sec15 retary may withhold up to $5,000,000 from the amount ap16 propriated in each fiscal year under subsection (a) of this 

17 section for the use of the Northeast Corridor Commission 

18 established under section 24905 of title 49, United States 

19 Code. 

20 SEC. 5102. NATIONAL INFRASTRUCTURE AND SAFETY IN21 VESTMENTS. 

22 (a) IN GENERAL.—There are authorized to be appro23 priated to the Secretary for grants under chapter 244 of 

24 title 49, United States Code, the following amounts: 

25 (1) For fiscal year 2016, $350,000,000. 


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1 (2) For fiscal year 2017, $430,000,000. 

2 (3) For fiscal year 2018, $600,000,000. 

3 (4) For fiscal year 2019, $900,000,000. 

4 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec5 retary may withhold up to 1 percent from the amount ap6 propriated under subsection (a) of this section for the costs 

7 of project management oversight of grants carried out under 

8 chapter 244 of title 49, United States Code. 

9 SEC. 5103. AUTHORIZATION OF APPROPRIATIONS FOR NA10 TIONAL TRANSPORTATION SAFETY BOARD 

11 RAIL INVESTIGATIONS. 

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law, there are authorized to be appropriated to the 

14 National Transportation Safety Board to carry out rail15 road accident investigations under section 1131(a)(1)(C) of 

16 title 49, United States Code, the following amounts: 

17 (1) For fiscal year 2016, $6,300,000. 

18 (2) For fiscal year 2017, $6,400,000. 

19 (3) For fiscal year 2018, $6,500,000. 

20 (4) For fiscal year 2019, $6,600,000. 

21 (b) INVESTIGATION PERSONNEL.—Amounts appro22 priated under subsection (a) of this section shall be avail23 able to the National Transportation Safety Board for per24 sonnel, in regional offices and in Washington, DC, whose 

25 duties involve railroad accident investigations. 


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1 SEC. 5104. AUTHORIZATION OF APPROPRIATIONS FOR AM2 TRAK OFFICE OF INSPECTOR GENERAL. 

3 There are authorized to be appropriated to the Office 

4 of Inspector General of Amtrak the following amounts: 

5 (1) For fiscal year 2016, $20,000,000. 

6 (2) For fiscal year 2017, $20,500,000. 

7 (3) For fiscal year 2018, $21,000,000. 

8 (4) For fiscal year 2019, $21,500,000. 

9 SEC. 5105. NATIONAL COOPERATIVE RAIL RESEARCH PRO10 GRAM. 

11 (a) IN GENERAL.—Section 24910 is amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (12), by striking ‘‘and’’; 

14 (B) in paragraph (13), by striking the pe15 riod at the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(14) to improve the overall safety of intercity 

18 passenger and freight rail operations.’’; and 

19 (2) by amending subsection (e) to read as fol20 lows: 

21 ‘‘(e) ALLOCATION.—At least $5,000,000 of the amounts 

22 appropriated to the Secretary for a fiscal year to carry out 

23 railroad research and development programs shall be avail24 able to carry out this section.’’. 


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1 Subtitle B—Amtrak Reform 

2 SEC. 5201. AMTRAK GRANT PROCESS. 

3 (a) REQUIREMENTS AND PROCEDURES.—Chapter 243 

4 is amended by adding at the end the following: 

5 ‘‘§ 24317. Costs and revenues 

6 ‘‘(a) ALLOCATION.—Not later than 180 days after the 

7 date of enactment of the Rail Reform, Enhancement, and 

8 Efficiency Act, Amtrak shall establish and maintain inter9 nal controls to ensure Amtrak’s costs, revenues, and other 

10 compensation are appropriately and proportionally allo11 cated to its Northeast Corridor train services or infrastruc12 ture, its State-supported routes, its long-distance routes, 

13 and its other national network activities. 

14 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to limit the ability of Amtrak to 

16 enter into an agreement with 1 or more States to allocate 

17 operating and capital costs under section 209 of the Pas18 senger Rail Investment and Improvement Act of 2008 (49 

19 U.S.C. 24101 note). 

20 ‘‘§ 24318. Grant process 

21 ‘‘(a) PROCEDURES FOR GRANT REQUESTS.—Not later 

22 than 90 days after the date of enactment of the Rail Reform, 

23 Enhancement, and Efficiency Act, the Secretary of Trans24 portation shall establish and transmit to the Committee on 

25 Commerce, Science, and Transportation and the Committee 


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1 on Appropriations of the Senate and the Committee on 

2 Transportation and Infrastructure and the Committee on 

3 Appropriations of the House of Representatives substantive 

4 and procedural requirements, including schedules, for grant 

5 requests under this section. 

6 ‘‘(b) GRANT REQUESTS.—Amtrak shall transmit grant 

7 requests for Federal funds appropriated to the Secretary of 

8 Transportation for the use of Amtrak to— 

9 ‘‘(1) the Secretary; and 

10 ‘‘(2) the Committee on Commerce, Science, and 

11 Transportation, the Committee on Appropriations, 

12 and the Committee on the Budget of the Senate and 

13 the Committee on Transportation and Infrastructure, 

14 the Committee on Appropriations, and the Committee 

15 on the Budget of the House of Representatives. 

16 ‘‘(c) CONTENTS.—A grant request under subsection (b) 

17 shall— 

18 ‘‘(1) describe projected operating and capital 

19 costs for the upcoming fiscal year for Northeast Cor20 ridor train services and infrastructure, Amtrak’s 

21 State-supported routes, and Amtrak’s long-distance 

22 routes, and Amtrak’s other national network activi23 ties, as applicable, in comparison to prior fiscal year 

24 actual financial performance; 


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1 ‘‘(2) describe the capital projects to be funded, 

2 with cost estimates and an estimated timetable for 

3 completion of the projects covered by the request; 

4 ‘‘(3) assess Amtrak’s financial condition; 

5 ‘‘(4) be displayed on Amtrak’s Web site within a 

6 reasonable timeframe following its transmission under 

7 subsection (b); and 

8 ‘‘(5) describe how the funding requested in a 

9 grant will be allocated to the accounts established 

10 under section 24319(a), considering the projected op11 erating losses or capital costs for services and activi12 ties associated with such accounts over the time pe13 riod intended to be covered by the grants. 

14 ‘‘(d) REVIEW AND APPROVAL.— 

15 ‘‘(1) THIRTY-DAY APPROVAL PROCESS.— 

16 ‘‘(A) IN GENERAL.—Not later than 30 days 

17 after the date that Amtrak submits a grant re18 quest under this section, the Secretary of Trans19 portation shall complete a review of the request 

20 and provide notice to Amtrak that— 

21 ‘‘(i) the request is approved; or 

22 ‘‘(ii) the request is disapproved, in23 cluding the reason for the disapproval and 

24 an explanation of any incomplete or defi25 cient items. 


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1 ‘‘(B) GRANT AGREEMENT.—If a grant re2 quest is approved, the Secretary shall enter into 

3 a grant agreement with Amtrak that allocates 

4 the grant funding to 1 of the 4 accounts estab5 lished under section 24319(a). 

6 ‘‘(2) FIFTEEN-DAY MODIFICATION PERIOD.—Not 

7 later than 15 days after the date of the notice under 

8 paragraph (1)(A)(ii), Amtrak shall submit a modified 

9 request for the Secretary’s review. 

10 ‘‘(3) MODIFIED REQUESTS.—Not later than 15 

11 days after the date that Amtrak submits a modified 

12 request under paragraph (2), the Secretary shall ei13 ther approve the modified request, or, if the Secretary 

14 finds that the request is still incomplete or deficient, 

15 the Secretary shall identify in writing to the Com16 mittee on Commerce, Science, and Transportation, 

17 the Committee on Appropriations, and the Committee 

18 on the Budget of the Senate and the Committee on 

19 Transportation and Infrastructure, the Committee on 

20 Appropriations, and the Committee on the Budget of 

21 the House of Representatives the remaining defi22 ciencies and recommend a process for resolving the 

23 outstanding portions of the request. 

24 ‘‘(e) PAYMENTS TO AMTRAK.— 


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1 ‘‘(1) IN GENERAL.—A grant agreement entered 

2 into under subsection (d) shall specify the operations, 

3 services, and other activities to be funded by the 

4 grant. The grant agreement shall include provisions, 

5 consistent with the requirements of this chapter, to 

6 measure Amtrak’s performance and ensure account7 ability in delivering the operations, services, or ac8 tivities to be funded by the grant. 

9 ‘‘(2) SCHEDULE.—Except as provided in para10 graph (3), in each fiscal year for which amounts are 

11 appropriated to the Secretary for the use of Amtrak, 

12 and for which the Secretary and Amtrak have entered 

13 into a grant agreement under subsection (d), the Sec14 retary shall disburse grant funds to Amtrak on the 

15 following schedule: 

16 ‘‘(A) 50 percent on October 1. 

17 ‘‘(B) 25 percent on January 1. 

18 ‘‘(C) 25 percent on April 1. 

19 ‘‘(3) EXCEPTIONS.—The Secretary may make a 

20 payment to Amtrak of appropriated funds— 

21 ‘‘(A) more frequently than the schedule 

22 under paragraph (2) if Amtrak, for good cause, 

23 requests more frequent payment before the end of 

24 a payment period; or 


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1 ‘‘(B) with a different frequency or in dif2 ferent percentage allocations in the event of a 

3 continuing resolution or in the absence of an ap4 propriations Act for the duration of a fiscal 

5 year. 

6 ‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY APPRO7 PRIATIONS.—Amounts appropriated to the Secretary for the 

8 use of Amtrak shall remain available until expended. 

9 Amounts for capital acquisitions and improvements may 

10 be appropriated for a fiscal year before the fiscal year in 

11 which the amounts will be obligated. 

12 ‘‘(g) LIMITATIONS ON USE.—Amounts appropriated to 

13 the Secretary for the use of Amtrak may not be used to 

14 cross-subsidize operating losses or capital costs of commuter 

15 rail passenger or freight rail transportation. 

16 ‘‘§ 24319. Accounts 

17 ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—Beginning not 

18 later than October 1, 2016, Amtrak, in consultation with 

19 the Secretary of Transportation, shall define and estab20 lish— 

21 ‘‘(1) a Northeast Corridor investment account, 

22 including subaccounts for Amtrak train services and 

23 infrastructure; 

24 ‘‘(2) a State-supported account; 

25 ‘‘(3) a long-distance account; and 


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1 ‘‘(4) an other national network activities ac2 count. 

3 ‘‘(b) NORTHEAST CORRIDOR INVESTMENT ACCOUNT.— 

4 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

5 Northeast Corridor investment account established 

6 under subsection (a)(1)— 

7 ‘‘(A) a portion of the grant funds appro8 priated under the authorization in section 

9 5101(a) of the Rail Reform, Enhancement, and 

10 Efficiency Act, or any subsequent Act appro11 priating funds for the use of Amtrak, as specified 

12 in a grant agreement entered into under section 

13 24318; 

14 ‘‘(B) any compensation received from com15 muter rail passenger transportation providers 

16 for such providers’ share of capital costs on the 

17 Northeast Corridor provided to Amtrak under 

18 section 24905(c); 

19 ‘‘(C) any operating surplus of the Northeast 

20 Corridor train services or infrastructure, as allo21 cated under section 24317; and 

22 ‘‘(D) any other net revenue received in asso23 ciation with the Northeast Corridor, including 

24 freight access fees, electric propulsion, and com25 mercial development. 


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1 ‘‘(2) USE OF NORTHEAST CORRIDOR INVESTMENT

2 ACCOUNT.—Except as provided in subsection (f), 

3 amounts deposited in the Northeast Corridor invest4 ment account shall be made available for the use of 

5 Amtrak for its share of— 

6 ‘‘(A) capital projects described in section 

7 24904(a)(2)(E)(i), and developed under the plan8 ning process established under that section, to 

9 bring Northeast Corridor infrastructure to a 

10 state-of-good-repair; 

11 ‘‘(B) capital projects described in clauses 

12 (ii) and (iv) of section 24904(a)(2)(E) that are 

13 developed under the planning process established 

14 under that section intended to increase corridor 

15 capacity, improve service reliability, and reduce 

16 travel time on the Northeast Corridor; 

17 ‘‘(C) capital projects to improve safety and 

18 security; 

19 ‘‘(D) capital projects to improve customer 

20 service and amenities; 

21 ‘‘(E) acquiring, rehabilitating, manufac22 turing, remanufacturing, overhauling, or im23 proving equipment and associated facilities used 

24 for intercity rail passenger transportation by 

25 Northeast Corridor train services; 


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1 ‘‘(F) retirement of principal and payment 

2 of interest on loans for capital projects described 

3 in this paragraph or for capital leases for equip4 ment and related to the Northeast Corridor; 

5 ‘‘(G) participation in public-private part6 nerships, joint ventures, and other mechanisms 

7 or arrangements that result in the completion of 

8 capital projects described in this paragraph; and 

9 ‘‘(H) indirect, common, corporate, or other 

10 costs directly incurred by or allocated to the 

11 Northeast Corridor. 

12 ‘‘(c) STATE-SUPPORTED ACCOUNT.— 

13 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

14 State-supported account established under subsection 

15 (a)(2)— 

16 ‘‘(A) a portion of the grant funds appro17 priated under the authorization in section 

18 5101(a) of the Rail Reform, Enhancement, and 

19 Efficiency Act, or any subsequent Act appro20 priating funds for the use of Amtrak, as specified 

21 in a grant agreement entered into under section 

22 24318; 

23 ‘‘(B) any compensation received from States 

24 provided to Amtrak under section 209 of the 


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1 Passenger Rail Investment and Improvement Act 

2 of 2008 (42 U.S.C. 24101 note); and 

3 ‘‘(C) any operating surplus from its State4 supported routes, as allocated under section 

5 24317. 

6 ‘‘(2) USE OF STATE-SUPPORTED ACCOUNT.—Ex7 cept as provided in subsection (f), amounts deposited 

8 in the State-supported account shall be made avail9 able for the use of Amtrak for capital expenses and 

10 operating costs, including indirect, common, cor11 porate, or other costs directly incurred by or allocated 

12 to State-supported routes, of its State-supported 

13 routes and retirement of principal and payment of 

14 interest on loans or capital leases attributable to its 

15 State-supported routes. 

16 ‘‘(d) LONG-DISTANCE ACCOUNT.— 

17 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

18 long-distance account established under subsection 

19 (a)(3)— 

20 ‘‘(A) a portion of the grant funds appro21 priated under the authorization in section 

22 5101(a) of the Rail Reform, Enhancement, and 

23 Efficiency Act, or any subsequent Act appro24 priating funds for the use of Amtrak, as specified 


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1 in a grant agreement entered into under section 

2 24318; 

3 ‘‘(B) any compensation received from States 

4 provided to Amtrak for costs associated with its 

5 long-distance routes; and 

6 ‘‘(C) any operating surplus from its long7 distance routes, as allocated under section 24317. 

8 ‘‘(2) USE OF LONG-DISTANCE ACCOUNT.—Except 

9 as provided in subsection (f), amounts deposited in 

10 the long-distance account shall be made available for 

11 the use of Amtrak for capital expenses and operating 

12 costs, including indirect, common, corporate, or other 

13 costs directly incurred by or allocated to long-distance 

14 routes, of its long-distance routes and retirement of 

15 principal and payment of interest on loans or capital 

16 leases attributable to the long-distance routes. 

17 ‘‘(e) OTHER NATIONAL NETWORK ACTIVITIES AC18 COUNT.— 

19 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

20 other national network activities account established 

21 under subsection (a)(4)— 

22 ‘‘(A) a portion of the grant funds appro23 priated under the authorization in section 

24 101(a) of the Railroad Reform, Enhancement, 

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1 propriating funds for the use of Amtrak, as spec2 ified in a grant agreement entered into under 

3 section 24318; 

4 ‘‘(B) any compensation received from States 

5 provided to Amtrak for costs associated with its 

6 other national network activities; and 

7 ‘‘(C) any operating surplus from its other 

8 national network activities. 

9 ‘‘(2) USE OF OTHER NATIONAL NETWORK ACTIVI10 TIES ACCOUNT.—Except as provided in subsection (f), 

11 amounts deposited into the other national network ac12 tivities account shall be made available for the use of 

13 Amtrak for capital and operating costs not allocated 

14 to the Northeast Corridor investment account, State15 supported account, or long-distance account, and re16 tirement of principal and payment of interest on 

17 loans or capital leases attributable to other national 

18 network activities. 

19 ‘‘(f) TRANSFER AUTHORITY.— 

20 ‘‘(1) AUTHORITY.—Amtrak may transfer any 

21 funds appropriated under the authorization in section 

22 5101(a) of the Rail Reform, Enhancement, and Effi23 ciency Act, or any subsequent Act appropriating 

24 funds for the use of Amtrak for deposit into the ac25 counts described in that section, or any surplus genVerDate Sep 11 2014 21:37 May 23, 2016 Jkt 059200 PO 00000 Frm 00786 Fmt 6652 Sfmt 6203 E:\BILLS\S1732.RS S1732

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1 erated by operations, between the Northeast Corridor, 

2 State-supported, long-distance, and other national 

3 network activities accounts— 

4 ‘‘(A) upon the expiration of 10 days after 

5 the date that Amtrak notifies the Amtrak Board 

6 of Directors, including the Secretary, of the 

7 planned transfer; and 

8 ‘‘(B) with the approval of the Secretary. 

9 ‘‘(2) REPORT.—Not later than 5 days after the 

10 date that Amtrak notifies the Amtrak Board of Direc11 tors of a planned transfer under paragraph (1), Am12 trak shall transmit to the Committee on Commerce, 

13 Science, and Transportation and the Committee on 

14 Appropriations of the Senate and the Committee on 

15 Transportation and Infrastructure and the Committee 

16 on Appropriations of the House of Representatives a 

17 report that includes— 

18 ‘‘(A) the amount of the transfer; and 

19 ‘‘(B) a detailed explanation of the reason 

20 for the transfer, including— 

21 ‘‘(i) the effects on Amtrak services 

22 funded by the account from which the trans23 fer is drawn, in comparison to a scenario 

24 in which no transfer was made; and 


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1 ‘‘(ii) the effects on Amtrak services 

2 funded by the account receiving the transfer, 

3 in comparison to a scenario in which no 

4 transfer was made. 

5 ‘‘(3) NOTIFICATIONS.— 

6 ‘‘(A) STATE-SUPPORTED ACCOUNT.—Not 

7 later than 5 days after the date that Amtrak no8 tifies the Amtrak Board of Directors of a 

9 planned transfer under paragraph (1) of funds 

10 to or from the State-supported account, Amtrak 

11 shall transmit to each State that sponsors a 

12 State-supported route a letter that includes the 

13 information described under subparagraphs (A) 

14 and (B) of paragraph (2). 

15 ‘‘(B) NORTHEAST CORRIDOR ACCOUNT.— 

16 Not later than 5 days after the date that Amtrak 

17 notifies the Amtrak Board of Directors of a 

18 planned transfer under paragraph (1) of funds 

19 to or from the Northeast Corridor account, Am20 trak shall transmit to the Northeast Corridor 

21 Commission a letter that includes the informa22 tion described under subparagraphs (A) and (B) 

23 of paragraph (2). 


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1 ‘‘(g) ENFORCEMENT.—The Secretary shall enforce the 

2 provisions of each grant agreement under section 24318(d), 

3 including any deposit into an account under this section. 

4 ‘‘(h) LETTERS OF INTENT.— 

5 ‘‘(1) REQUIREMENT.—The Secretary may issue a 

6 letter of intent to Amtrak announcing an intention to 

7 obligate, for a major capital project described in 

8 clauses (ii) and (iv) of section 24904(a)(2)(E), an 

9 amount from future available budget authority speci10 fied in law that is not more than the amount stipu11 lated as the financial participation of the Secretary 

12 in the project. 

13 ‘‘(2) NOTICE TO CONGRESS.—At least 30 days 

14 before issuing a letter under paragraph (1), the Sec15 retary shall notify in writing the Committee on Com16 merce, Science, and Transportation and the Com17 mittee on Appropriations of the Senate and the Com18 mittee on Transportation and Infrastructure and the 

19 Committee on Appropriations of the House of Rep20 resentatives of the proposed letter. The Secretary shall 

21 include with the notice a copy of the proposed letter, 

22 the criteria used for selecting the project for a grant 

23 award, and a description of how the project meets the 

24 criteria under this section. 


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1 ‘‘(3) CONTINGENT NATURE OF OBLIGATION OR

2 COMMITMENT.—An obligation or administrative com3 mitment may be made only when amounts are appro4 priated. The letter of intent shall state that the con5 tingent commitment is not an obligation of the Fed6 eral Government, and is subject to the availability of 

7 appropriations under Federal law and to Federal 

8 laws in force or enacted after the date of the contin9 gent commitment.’’. 

10 (b) CONFORMING AMENDMENTS.—The table of contents 

11 for chapter 243 is amended by adding at the end the fol12 lowing: 

‘‘24317. Costs and revenues. 

‘‘24318. Grant process. 

‘‘24319. Accounts.’’. 

13 (c) REPEALS.— 

14 (1) ESTABLISHMENT OF GRANT PROCESS.—Sec15 tion 206 of the Passenger Rail Investment and Im16 provement Act of 2008 (49 U.S.C. 24101 note) and 

17 the item relating to that section in the table of con18 tents of that Act are repealed. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec20 tion 24104 and the item relating to that section in 

21 the table of contents of chapter 241 are repealed. 

22 SEC. 5202. 5-YEAR BUSINESS LINE AND ASSETS PLANS. 

23 (a) AMTRAK 5-YEAR BUSINESS LINE AND ASSET

24 PLANS.—Chapter 243, as amended by section 5201 of this 


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1 Act, is further amended by inserting after section 24319 the 

2 following: 

3 ‘‘§ 24320. Amtrak 5-year business line and asset plans 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) FINAL PLANS.—Not later than February 15 

6 of each year, Amtrak shall submit to Congress and the 

7 Secretary final 5-year business line plans and 5-year 

8 asset plans prepared in accordance with this section. 

9 These final plans shall form the basis for Amtrak’s 

10 general and legislative annual report to the President 

11 and Congress required by section 24315(b). 

12 ‘‘(2) FISCAL CONSTRAINT.—Each plan prepared 

13 under this section shall be based on funding levels au14 thorized or otherwise available to Amtrak in a fiscal 

15 year. In the absence of an authorization or appro16 priation of funds for a fiscal year, the plans shall be 

17 based on the amount of funding available in the pre18 vious fiscal year, plus inflation. Amtrak may include 

19 an appendix to the asset plan required in subsection 

20 (c) that describes any capital funding requirements in 

21 excess of amounts authorized or otherwise available to 

22 Amtrak in a fiscal year for capital investment. 

23 ‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.— 


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1 ‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall 

2 prepare a 5-year business line plan for each of the fol3 lowing business lines and services: 

4 ‘‘(A) Northeast Corridor train services. 

5 ‘‘(B) State-supported routes operated by 

6 Amtrak. 

7 ‘‘(C) Long-distance routes operated by Am8 trak. 

9 ‘‘(D) Ancillary services operated by Amtrak, 

10 including commuter operations and other rev11 enue generating activities as determined by the 

12 Secretary in consultation with Amtrak. 

13 ‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE

14 PLANS.—The 5-year business line plan for each busi15 ness line shall include, at a minimum— 

16 ‘‘(A) a statement of Amtrak’s vision, goals, 

17 and service plan for the business line, coordi18 nated with any entities that are contributing 

19 capital or operating funding to support pas20 senger rail services within those business lines, 

21 and aligned with Amtrak’s Strategic Plan and 

22 5-year asset plans under subsection (c); 

23 ‘‘(B) all projected revenues and expenditures 

24 for the business line, including identification of 

25 revenues and expenditures incurred by— 


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1 ‘‘(i) passenger operations; 

2 ‘‘(ii) non-passenger operations that are 

3 directly related to the business line; and 

4 ‘‘(iii) governmental funding sources, 

5 including revenues and other funding re6 ceived from States; 

7 ‘‘(C) projected ridership levels for all pas8 senger operations; 

9 ‘‘(D) estimates of long-term and short-term 

10 debt and associated principal and interest pay11 ments (both current and forecasts); 

12 ‘‘(E) annual profit and loss statements and 

13 forecasts and balance sheets; 

14 ‘‘(F) annual cash flow forecasts; 

15 ‘‘(G) a statement describing the methodolo16 gies and significant assumptions underlying esti17 mates and forecasts; 

18 ‘‘(H) specific performance measures that 

19 demonstrate year over year changes in the results 

20 of Amtrak’s operations; 

21 ‘‘(I) financial performance for each route 

22 within each business line, including descriptions 

23 of the cash operating loss or contribution and 

24 labor productivity for each route; 


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1 ‘‘(J) specific costs and savings estimates re2 sulting from reform initiatives; 

3 ‘‘(K) prior fiscal year and projected equip4 ment reliability statistics; and 

5 ‘‘(L) an identification and explanation of 

6 any major adjustments made from previously7 approved plans. 

8 ‘‘(3) 5-YEAR BUSINESS LINE PLANS PROCESS.— 

9 In meeting the requirements of this section, Amtrak 

10 shall— 

11 ‘‘(A) coordinate the development of the busi12 ness line plans with the Secretary; 

13 ‘‘(B) for the Northeast Corridor business 

14 line plan, coordinate with the Northeast Corridor 

15 Commission and transmit to the Commission the 

16 final plan under subsection (a)(1), and consult 

17 with other entities, as appropriate; 

18 ‘‘(C) for the State-supported route business 

19 line plan, coordinate with the State-Supported 

20 Route Committee established under section 

21 24712; 

22 ‘‘(D) for the long-distance route business 

23 line plan, coordinate with any States or Inter24 state Compacts that provide funding for such 

25 routes, as appropriate; 


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1 ‘‘(E) ensure that Amtrak’s annual budget 

2 request to Congress is consistent with the infor3 mation in the 5-year business line plans; and 

4 ‘‘(F) identify the appropriate Amtrak offi5 cials that are responsible for each business line. 

6 ‘‘(4) STANDARDS TO PROMOTE FINANCIAL STA7 BILITY.—In meeting the requirements under this sub8 section, Amtrak shall use the categories specified in 

9 the financial accounting and reporting system devel10 oped under section 203 of the Passenger Rail Invest11 ment and Improvement Act of 2008 (49 U.S.C. 24101 

12 note) when preparing its 5-year business line plans. 

13 ‘‘(c) AMTRAK 5-YEAR ASSET PLANS.— 

14 ‘‘(1) ASSET CATEGORIES.—Amtrak shall prepare 

15 a 5-year asset plan for each of the following asset cat16 egories: 

17 ‘‘(A) Infrastructure, including all Amtrak18 controlled Northeast Corridor assets and other 

19 Amtrak-owned infrastructure, and the associated 

20 facilities that support the operation, mainte21 nance, and improvement of those assets. 

22 ‘‘(B) Passenger rail equipment, including 

23 all Amtrak-controlled rolling stock, locomotives, 

24 and mechanical shop facilities that are used to 

25 overhaul equipment. 


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1 ‘‘(C) Stations, including all Amtrak-con2 trolled passenger rail stations and elements of 

3 other stations for which Amtrak has legal respon4 sibility or intends to make capital investments. 

5 ‘‘(D) National assets, including national 

6 reservations, security, training and training cen7 ters, and other assets associated with Amtrak’s 

8 national passenger rail transportation system. 

9 ‘‘(2) CONTENTS OF 5-YEAR ASSET PLANS.—Each 

10 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 replacement; 

2 ‘‘(III) improvements to support 

3 service enhancements or growth; 

4 ‘‘(IV) strategic initiatives that 

5 will improve overall operational per6 formance, lower costs, or otherwise im7 prove Amtrak’s corporate efficiency; or 

8 ‘‘(V) statutory, regulatory, or 

9 other legal mandates; 

10 ‘‘(ii) identifies each project or program 

11 that is associated with more than 1 category 

12 described in clause (i); and 

13 ‘‘(iii) describes the anticipated business 

14 outcome of each project or program identi15 fied under this subparagraph, including an 

16 assessment of— 

17 ‘‘(I) the potential effect on pas18 senger operations, safety, reliability, 

19 and resilience; 

20 ‘‘(II) the potential effect on Am21 trak’s ability to meet regulatory re22 quirements if the project or program is 

23 not funded; and 

24 ‘‘(III) the benefits and costs; and 


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1 ‘‘(D) annual profit and loss statements and 

2 forecasts and balance sheets for each asset cat3 egory. 

4 ‘‘(3) 5-YEAR ASSET PLAN PROCESS.—In meeting 

5 the requirements of this subsection, Amtrak shall— 

6 ‘‘(A) coordinate with each business line de7 scribed in subsection (b)(1) in the preparation of 

8 each 5-year asset plan and ensure integration of 

9 each 5-year asset plan with the 5-year business 

10 line plans; 

11 ‘‘(B) as applicable, coordinate with the 

12 Northeast Corridor Commission, the State-Sup13 ported Route Committee, and owners of assets af14 fected by 5-year asset plans; and 

15 ‘‘(C) identify the appropriate Amtrak offi16 cials that are responsible for each asset category. 

17 ‘‘(4) EVALUATION OF NATIONAL ASSETS

18 COSTS.—The Secretary shall— 

19 ‘‘(A) evaluate the costs and scope of all na20 tional assets; and 

21 ‘‘(B) determine the activities and costs that 

22 are— 

23 ‘‘(i) required in order to ensure the ef24 ficient operations of a national passenger 

25 rail system; 


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1 ‘‘(ii) appropriate for allocation to 1 of 

2 the other Amtrak business lines; and 

3 ‘‘(iii) extraneous to providing an effi4 cient national passenger rail system or are 

5 too costly relative to the benefits or perform6 ance outcomes they provide. 

7 ‘‘(5) DEFINITION OF NATIONAL ASSETS.—In this 

8 section, the term ‘national assets’ means the Nation’s 

9 core rail assets shared among Amtrak services, includ10 ing national reservations, security, training and 

11 training centers, and other assets associated with Am12 trak’s national passenger rail transportation system. 

13 ‘‘(6) RESTRUCTURING OF NATIONAL ASSETS.— 

14 Not later than 1 year after the date of completion of 

15 the evaluation under paragraph (4), the Adminis16 trator of the Federal Railroad Administration, in 

17 consultation with the Amtrak Board of Directors, the 

18 governors of each relevant State, and the Mayor of the 

19 District of Columbia, or their designees, shall restruc20 ture or reallocate, or both, the national assets costs in 

21 accordance with the determination under that section, 

22 including making appropriate updates to Amtrak’s 

23 cost accounting methodology and system.’’. 

24 (b) EFFECTIVE DATE.—The requirements for Amtrak 

25 to submit final 5-year business line plans and 5-year asset 


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1 plans under section 24320 of title 49, United States Code, 

2 shall take effect 1 year after the date of enactment of this 

3 Act. 

4 (c) CONFORMING AMENDMENTS.—The table of contents 

5 for chapter 243, as amended by section 5201 of this Act, 

6 is further amended by adding at the end the following: 

‘‘24320. Amtrak 5-year business line and asset plans.’’. 

7 (d) REPEAL OF 5-YEAR FINANCIAL PLAN.—Section 

8 204 of the Passenger Rail Investment and Improvement Act 

9 of 2008 (49 U.S.C. 24101 note), and the item relating to 

10 that section in the table of contents of that Act, are repealed. 

11 (e) IDENTIFICATION OF DUPLICATIVE REPORTING RE12 QUIREMENTS.—Not later than 1 year after the date of en13 actment of this Act, the Secretary shall— 

14 (1) review existing Amtrak reporting require15 ments and identify where the existing requirements 

16 are duplicative with the business line and capital 

17 plans required by section 24320 of title 49, United 

18 States Code; 

19 (2) if the duplicative reporting requirements are 

20 administrative, the Secretary shall eliminate the du21 plicative requirements; and 

22 (3) submit to Congress a report with any rec23 ommendations for repealing any other duplicative 

24 Amtrak reporting requirements. 


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1 SEC. 5203. STATE-SUPPORTED ROUTE COMMITTEE. 

2 (a) AMENDMENT.—Chapter 247 is amended by adding 

3 at the end the following: 

4 ‘‘§ 24712. State-supported routes operated by Amtrak 

5 ‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 

6 ‘‘(1) ESTABLISHMENT.—Not later than 180 days 

7 after the date of enactment of the Rail Reform, En8 hancement, and Efficiency Act, the Secretary of 

9 Transportation shall establish the State-Supported 

10 Route Committee (referred to in this section as the 

11 ‘Committee’) to promote mutual cooperation and 

12 planning pertaining to the rail operations of Amtrak 

13 and related activities of trains operated by Amtrak on 

14 State-supported routes and to further implement sec15 tion 209 of the Passenger Rail Investment and Im16 provement Act of 2008 (49 U.S.C. 24101 note). 

17 ‘‘(2) MEMBERSHIP.— 

18 ‘‘(A) IN GENERAL.—The Committee shall 

19 consist of— 

20 ‘‘(i) members representing Amtrak; 

21 ‘‘(ii) members representing the Depart22 ment of Transportation, including the Fed23 eral Railroad Administration; and 

24 ‘‘(iii) members representing States, in25 cluding other public entities that sponsor 

26 the operation of trains by Amtrak on a 


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1 State-supported route, designated by, and 

2 serving at the pleasure of, the chief executive 

3 officer thereof. 

4 ‘‘(B) NON-VOTING MEMBERS.—The Com5 mittee may invite and accept other non-voting 

6 members to participate in Committee activities, 

7 as appropriate. 

8 ‘‘(3) DECISIONMAKING.—The Committee shall es9 tablish a bloc voting system under which, at a min10 imum— 

11 ‘‘(A) there are 3 separate voting blocs to 

12 represent the Committee’s voting members, in13 cluding— 

14 ‘‘(i) 1 voting bloc to represent the 

15 members described in paragraph (2)(A)(i); 

16 ‘‘(ii) 1 voting bloc to represent the 

17 members described in paragraph (2)(A)(ii); 

18 and 

19 ‘‘(iii) 1 voting bloc to represent the 

20 members described in paragraph (2)(A)(iii); 

21 ‘‘(B) each voting bloc has 1 vote; 

22 ‘‘(C) the vote of the voting bloc representing 

23 the members described in paragraph (2)(A)(iii) 

24 requires the support of at least two-thirds of that 

25 voting bloc’s members; and 


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1 ‘‘(D) the Committee makes decisions by 

2 unanimous consent of the 3 voting blocs. 

3 ‘‘(4) MEETINGS; RULES AND PROCEDURES.—The 

4 Committee shall convene a meeting and shall define 

5 and implement the rules and procedures governing the 

6 Committee’s proceedings not later than 180 days after 

7 the date of establishment of the Committee by the Sec8 retary. The rules and procedures shall— 

9 ‘‘(A) incorporate and further describe the 

10 decisionmaking procedures to be used in accord11 ance with paragraph (3); and 

12 ‘‘(B) be adopted in accordance with such de13 cisionmaking procedures. 

14 ‘‘(5) COMMITTEE DECISIONS.—Decisions made 

15 by the Committee in accordance with the Committee’s 

16 rules and procedures, once established, are binding on 

17 all Committee members. 

18 ‘‘(6) COST ALLOCATION METHODOLOGY.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), the Committee may amend the cost 

21 allocation methodology required and previously 

22 approved under section 209 of the Passenger 

23 Rail Investment and Improvement Act of 2008 

24 (49 U.S.C. 24101 note). 


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1 ‘‘(B) PROCEDURES FOR CHANGING METH2 ODOLOGY.—The rules and procedures imple3 mented under paragraph (4) shall include proce4 dures for changing the cost allocation method5 ology. 

6 ‘‘(C) REQUIREMENTS.—The cost allocation 

7 methodology shall— 

8 ‘‘(i) ensure equal treatment in the pro9 vision of like services of all States and 

10 groups of States; and 

11 ‘‘(ii) allocate to each route the costs in12 curred only for the benefit of that route and 

13 a proportionate share, based upon factors 

14 that reasonably reflect relative use, of costs 

15 incurred for the common benefit of more 

16 than 1 route. 

17 ‘‘(b) INVOICES AND REPORTS.—Not later than Feb18 ruary 15, 2016, and monthly thereafter, Amtrak shall pro19 vide to each State that sponsors a State-supported route a 

20 monthly invoice of the cost of operating such route, includ21 ing fixed costs and third-party costs. The Committee shall 

22 determine the frequency and contents of the financial and 

23 performance reports that Amtrak shall provide to the 

24 States, as well as the planning and demand reports that 

25 the States shall provide to Amtrak. 


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1 ‘‘(c) DISPUTE RESOLUTION.— 

2 ‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If a 

3 dispute arises with respect to the rules and procedures 

4 implemented under subsection (a)(4), an invoice or a 

5 report provided under subsection (b), implementation 

6 or compliance with the cost allocation methodology 

7 developed under section 209 of the Passenger Rail In8 vestment and Improvement Act of 2008 (49 U.S.C. 

9 24101 note) or amended under subsection (a)(6) of 

10 this section, either Amtrak or the State may request 

11 that the Surface Transportation Board conduct dis12 pute resolution under this subsection. 

13 ‘‘(2) PROCEDURES.—The Surface Transportation 

14 Board shall establish procedures for resolution of dis15 putes brought before it under this subsection, which 

16 may include provision of professional mediation serv17 ices. 

18 ‘‘(3) BINDING EFFECT.—A decision of the Sur19 face Transportation Board under this subsection shall 

20 be binding on the parties to the dispute. 

21 ‘‘(4) OBLIGATION.—Nothing in this subsection 

22 shall affect the obligation of a State to pay an 

23 amount not in dispute. 

24 ‘‘(d) ASSISTANCE.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may provide 

2 assistance to the parties in the course of negotiations 

3 for a contract for operation of a State-supported 

4 route. 

5 ‘‘(2) FINANCIAL ASSISTANCE.—From among 

6 available funds, the Secretary shall— 

7 ‘‘(A) provide financial assistance to Amtrak 

8 or 1 or more States to perform requested inde9 pendent technical analysis of issues before the 

10 Committee; and 

11 ‘‘(B) reimburse Members for travel expenses, 

12 including per diem in lieu of subsistence, in ac13 cordance with section 5703 of title 5. 

14 ‘‘(e) PERFORMANCE METRICS.—In negotiating a con15 tract for operation of a State-supported route, Amtrak and 

16 the State or States that sponsor the route shall consider in17 cluding provisions that provide penalties and incentives for 

18 performance. 

19 ‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 

20 ‘‘(1) IN GENERAL.—The Committee shall develop 

21 a statement of goals, objectives, and associated rec22 ommendations concerning the future of State-sup23 ported routes operated by Amtrak. The statement 

24 shall identify the roles and responsibilities of Com25 mittee members and any other relevant entities, such 


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1 as host railroads, in meeting the identified goals and 

2 objectives, or carrying out the recommendations. The 

3 Committee may consult with such relevant entities, as 

4 the Committee considers appropriate, when developing 

5 the statement. 

6 ‘‘(2) TRANSMISSION OF STATEMENT OF GOALS

7 AND OBJECTIVES.—Not later than 2 years after the 

8 date of enactment of the Rail Reform, Enhancement, 

9 and Efficiency Act the Committee shall transmit the 

10 statement developed under paragraph (1) to the Com11 mittee on Commerce, Science, and Transportation of 

12 the Senate and the Committee on Transportation and 

13 Infrastructure of the House of Representatives. 

14 ‘‘(g) RULE OF CONSTRUCTION.—The decisions of the 

15 Committee— 

16 ‘‘(1) shall pertain to the rail operations of Am17 trak and related activities of trains operated by Am18 trak on State-sponsored routes; and 

19 ‘‘(2) shall not pertain to the rail operations or 

20 related activities of services operated by other rail 

21 passenger carriers on State-supported routes. 

22 ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—The Fed23 eral Advisory Committee Act (5 U.S.C. App.) shall not 

24 apply to the Committee. 


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1 ‘‘(i) DEFINITION OF STATE.—In this section, the term 

2 ‘State’ means each of the 50 States, the District of Colum3 bia, and a public entity that sponsors the operation of 

4 trains by Amtrak on a State-supported route.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 The table of contents for chapter 247 is amended by adding 

7 at the end the following: 

‘‘24712. State-supported routes operated by Amtrak.’’. 

8 SEC. 5204. ROUTE AND SERVICE PLANNING DECISIONS. 

9 Section 208 of the Passenger Rail Investment and Im10 provement Act of 2008 (49 U.S.C. 24101 note) is amended 

11 to read as follows: 

12 ‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND 

13 SERVICE PLANNING DECISIONS. 

14 ‘‘(a) METHODOLOGY DEVELOPMENT.—Not later than 

15 180 days after the date of enactment of the Rail Reform, 

16 Enhancement, and Efficiency Act, as a condition of receiv17 ing a grant under section 101 of that Act, Amtrak shall 

18 obtain the services of an independent entity to develop and 

19 recommend objective methodologies for Amtrak to use in de20 termining what intercity rail passenger transportation 

21 routes and services it should provide, including the estab22 lishment of new routes, the elimination of existing routes, 

23 and the contraction or expansion of services or frequencies 

24 over such routes. 


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1 ‘‘(b) CONSIDERATIONS.—Amtrak shall require the 

2 independent entity, in developing the methodologies de3 scribed in subsection (a), to consider— 

4 ‘‘(1) the current and expected performance and 

5 service quality of intercity rail passenger transpor6 tation operations, including cost recovery, on-time 

7 performance, ridership, on-board services, stations, fa8 cilities, equipment, and other services; 

9 ‘‘(2) the connectivity of a route with other routes; 

10 ‘‘(3) the transportation needs of communities 

11 and populations that are not well served by intercity 

12 rail passenger transportation service or by other 

13 forms of intercity transportation; 

14 ‘‘(4) the methodologies of Amtrak and major 

15 intercity rail passenger transportation service pro16 viders in other countries for determining intercity 

17 passenger rail routes and services; 

18 ‘‘(5) the financial and operational effects on the 

19 overall network, including the effects on indirect costs; 

20 ‘‘(6) the views of States and the recommenda21 tions described in State rail plans, rail carriers that 

22 own infrastructure over which Amtrak operates, 

23 Interstate Compacts established by Congress and 

24 States, Amtrak employee representatives, stakeholder 

25 organizations, and other interested parties; and 


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1 ‘‘(7) the funding levels that will be available 

2 under authorization levels that have been enacted into 

3 law. 

4 ‘‘(c) RECOMMENDATIONS.—Not later than 1 year after 

5 the date of enactment of the Rail Reform, Enhancement, 

6 and Efficiency Act, Amtrak shall transmit to the Committee 

7 on Commerce, Science, and Transportation of the Senate 

8 and the Committee on Transportation and Infrastructure 

9 of the House of Representatives recommendations developed 

10 by the independent entity under subsection (a). 

11 ‘‘(d) CONSIDERATION OF RECOMMENDATIONS.—Not 

12 later than 90 days after the date the recommendations are 

13 transmitted under subsection (c), Amtrak shall consider the 

14 adoption of each recommendation and transmit to the Com15 mittee on Commerce, Science, and Transportation of the 

16 Senate and the Committee on Transportation and Infra17 structure of the House of Representatives a report explain18 ing the reasons for adopting or not adopting each rec19 ommendation.’’. 

20 SEC. 5205. COMPETITION. 

21 (a) ALTERNATE PASSENGER RAIL SERVICE PILOT

22 PROGRAM.—Section 24711 is amended to read as follows: 


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1 ‘‘§ 24711. Alternate passenger rail service pilot pro2 gram 

3 ‘‘(a) IN GENERAL.—Not later than 18 months after the 

4 date of enactment of the Rail Reform, Enhancement, and 

5 Efficiency Act, the Secretary of Transportation shall pro6 mulgate a rule to implement a pilot program for competi7 tive selection of rail carriers for long-distance routes (as de8 fined in section 24102). 

9 ‘‘(b) PILOT PROGRAM REQUIREMENTS.— 

10 ‘‘(1) IN GENERAL.—The pilot program shall— 

11 ‘‘(A) allow a party described in paragraph 

12 (2) to petition the Secretary to provide intercity 

13 rail passenger transportation over a long-dis14 tance route in lieu of Amtrak for an operations 

15 period of 4 years from the date of commencement 

16 of service by the winning bidder and, at the op17 tion of the Secretary, consistent with the rule 

18 promulgated under subsection (a), allow the con19 tract to be renewed for an additional operations 

20 period of 4 years, but not to exceed a total of 3 

21 operations periods; 

22 ‘‘(B) require the Secretary to— 

23 ‘‘(i) notify the petitioner and Amtrak 

24 of receipt of the petition under subpara25 graph (A) and to publish in the Federal 


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1 Register a notice of receipt not later than 

2 30 days after the date of receipt; and 

3 ‘‘(ii) establish a deadline, of not more 

4 than 120 days after the notice of receipt is 

5 published in the Federal Register under 

6 clause (i), by which both the petitioner and 

7 Amtrak, if Amtrak chooses to do so, would 

8 be required to submit a complete bid to pro9 vide intercity rail passenger transportation 

10 over the applicable route; 

11 ‘‘(C) require that each bid— 

12 ‘‘(i) describe the capital needs, finan13 cial projections, and operational plans, in14 cluding staffing plans, for the service, and 

15 such other factors as the Secretary considers 

16 appropriate; and 

17 ‘‘(ii) be made available by the winning 

18 bidder to the public after the bid award; 

19 ‘‘(D) for a route that receives funding from 

20 a State or States, require that for each bid re21 ceived from a party described in paragraph (2), 

22 other than a State, the Secretary have the con23 currence of the State or States that provide fund24 ing for that route; 


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1 ‘‘(E) for a winning bidder that is not or 

2 does not include Amtrak, require the Secretary to 

3 execute a contract not later than 270 days after 

4 the deadline established under subparagraph 

5 (B)(ii) and award to the winning bidder— 

6 ‘‘(i) subject to paragraphs (3) and (4), 

7 the right and obligation to provide intercity 

8 rail passenger transportation over that 

9 route subject to such performance standards 

10 as the Secretary may require; and 

11 ‘‘(ii) an operating subsidy, as deter12 mined by the Secretary, for— 

13 ‘‘(I) the first year at a level that 

14 does not exceed 90 percent of the level 

15 in effect for that specific route during 

16 the fiscal year preceding the fiscal year 

17 in which the petition was received, ad18 justed for inflation; and 

19 ‘‘(II) any subsequent years at the 

20 level calculated under subclause (I), 

21 adjusted for inflation; and 

22 ‘‘(F) for a winning bidder that is or in23 cludes Amtrak, award to that bidder an oper24 ating subsidy, as determined by the Secretary, 

25 over the applicable route that will not change 


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1 during the fiscal year in which the bid was sub2 mitted solely as a result of the winning bid. 

3 ‘‘(2) ELIGIBLE PETITIONERS.—The following 

4 parties are eligible to submit petitions under para5 graph (1): 

6 ‘‘(A) A rail carrier or rail carriers that own 

7 the infrastructure over which Amtrak operates a 

8 long-distance route. 

9 ‘‘(B) A rail passenger carrier with a writ10 ten agreement with the rail carrier or rail car11 riers that own the infrastructure over which Am12 trak operates a long-distance route and that host 

13 or would host the intercity rail passenger trans14 portation. 

15 ‘‘(C) A State, group of States, or State-sup16 ported joint powers authority or other sub-State 

17 governance entity responsible for provision of 

18 intercity rail passenger transportation with a 

19 written agreement with the rail carrier or rail 

20 carriers that own the infrastructure over which 

21 Amtrak operates a long-distance route and that 

22 host or would host the intercity rail passenger 

23 transportation. 

24 ‘‘(D) A State, group of States, or State-sup25 ported joint powers authority or other sub-State 


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1 governance entity responsible for provision of 

2 intercity rail passenger transportation and a 

3 rail passenger carrier with a written agreement 

4 with the rail carrier or rail carriers that own the 

5 infrastructure over which Amtrak operates a 

6 long-distance route and that host or would host 

7 the intercity rail passenger transportation. 

8 ‘‘(3) PERFORMANCE STANDARDS.—If the win9 ning bidder under paragraph (1)(E)(i) is not or does 

10 not include Amtrak, the performance standards shall 

11 be consistent with the performance required of or 

12 achieved by Amtrak on the applicable route during 

13 the last fiscal year. 

14 ‘‘(4) AGREEMENT GOVERNING ACCESS ISSUES.— 

15 Unless the winning bidder already has applicable ac16 cess agreements in place or includes a rail carrier 

17 that owns the infrastructure used in the operation of 

18 the route, the winning bidder under paragraph 

19 (1)(E)(i) shall enter into a written agreement gov20 erning access issues between the winning bidder and 

21 the rail carrier or rail carriers that own the infra22 structure over which the winning bidder would oper23 ate and that host or would host the intercity rail pas24 senger transportation. 


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1 ‘‘(c) ACCESS TO FACILITIES; EMPLOYEES.—If the Sec2 retary awards the right and obligation to provide rail pas3 senger transportation over a route under this section to an 

4 entity in lieu of Amtrak— 

5 ‘‘(1) the Secretary shall require Amtrak to pro6 vide access to the Amtrak-owned reservation system, 

7 stations, and facilities directly related to operations of 

8 the awarded routes to the rail passenger carrier 

9 awarded a contract under this section, in accordance 

10 with subsection (g), as necessary to carry out the pur11 poses of this section; 

12 ‘‘(2) an employee of any person, except for a 

13 freight railroad or a person employed or contracted 

14 by a freight railroad, used by such rail passenger car15 rier in the operation of a route under this section 

16 shall be considered an employee of that rail passenger 

17 carrier and subject to the applicable Federal laws and 

18 regulations governing similar crafts or classes of em19 ployees of Amtrak; and 

20 ‘‘(3) the winning bidder shall provide hiring 

21 preference to qualified Amtrak employees displaced by 

22 the award of the bid, consistent with the staffing plan 

23 submitted by the bidder, and shall be subject to the 

24 grant conditions under section 24405. 


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1 ‘‘(d) CESSATION OF SERVICE.—If a rail passenger car2 rier awarded a route under this section ceases to operate 

3 the service or fails to fulfill an obligation under the contract 

4 required under subsection (b)(1)(E), the Secretary shall take 

5 any necessary action consistent with this title to enforce the 

6 contract and ensure the continued provision of service, in7 cluding— 

8 ‘‘(1) the installment of an interim rail passenger 

9 carrier; 

10 ‘‘(2) providing to the interim rail passenger car11 rier under paragraph (1) an operating subsidy nec12 essary to provide service; and 

13 ‘‘(3) rebidding the contract to operate the rail 

14 passenger transportation. 

15 ‘‘(e) BUDGET AUTHORITY.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall provide 

17 to a winning bidder that is not or does not include 

18 Amtrak and that is selected under this section any 

19 appropriations withheld under section 5101(c) of the 

20 Rail Reform, Enhancement, and Efficiency Act, or 

21 any subsequent appropriation for the same purpose, 

22 necessary to cover the operating subsidy described in 

23 subsection (b)(1)(E)(ii). 

24 ‘‘(2) AMTRAK.—If the Secretary selects a win25 ning bidder that is not or does not include Amtrak, 


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1 the Secretary may provide to Amtrak an appropriate 

2 portion of the appropriations under section 5101(a) 

3 of the Rail Reform, Enhancement, and Efficiency Act, 

4 or any subsequent appropriation for the same pur5 pose, to cover any cost directly attributable to the ter6 mination of Amtrak service on the route and any in7 direct costs to Amtrak imposed on other Amtrak 

8 routes as a result of losing service on the route oper9 ated by the winning bidder. Any amount provided by 

10 the Secretary to Amtrak under this paragraph shall 

11 not be deducted from or have any effect on the oper12 ating subsidy described in subsection (b)(1)(E)(ii). 

13 ‘‘(f) DEADLINE.—If the Secretary does not promulgate 

14 the final rule and implement the program before the dead15 line under subsection (a), the Secretary shall submit 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 letter, signed 

19 by the Secretary and Administrator of the Federal Railroad 

20 Administration, each month until the rule is complete, in21 cluding— 

22 ‘‘(1) the reasons why the rule has not been 

23 issued; 

24 ‘‘(2) an updated staffing plan for completing the 

25 rule as soon as feasible; 


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1 ‘‘(3) the contact information of the official that 

2 will be overseeing the execution of the staffing plan; 

3 and 

4 ‘‘(4) the estimated date of completion of the rule. 

5 ‘‘(g) DISPUTES.—If Amtrak and the rail passenger 

6 carrier awarded a route under this section cannot agree 

7 upon terms to carry out subsection (c)(1), and the Surface 

8 Transportation Board finds that access to Amtrak’s facili9 ties or equipment, or the provision of services by Amtrak, 

10 is necessary under subsection (c)(1) and that the operation 

11 of Amtrak’s other services will not be impaired thereby, the 

12 Surface Transportation Board shall issue an order that the 

13 facilities and equipment be made available, and that serv14 ices be provided, by Amtrak, and shall determine reasonable 

15 compensation, liability, and other terms for use of the facili16 ties and equipment and provision of the services. 

17 ‘‘(h) LIMITATION.—Not more than 3 long-distance 

18 routes may be selected under this section for operation by 

19 a winning bidder that is not or does not include Amtrak. 

20 ‘‘(i) PRESERVATION OF RIGHT TO COMPETITION ON

21 STATE-SUPPORTED ROUTES.—Nothing in this section shall 

22 be construed as prohibiting a State from introducing com23 petition for intercity rail passenger transportation or serv24 ices on its State-supported route or routes.’’. 


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1 (b) REPORT.—Not later than 4 years after the date 

2 of implementation of the pilot program under section 24711 

3 of title 49, United States Code, and quadrennially there4 after until the pilot program is discontinued, the Secretary 

5 shall submit to the Committee on Commerce, Science, and 

6 Transportation of the Senate and the Committee on Trans7 portation and Infrastructure of the House of Representa8 tives a report on the results on the pilot program to date 

9 and any recommendations for further action. 

10 SEC. 5206. ROLLING STOCK PURCHASES. 

11 (a) IN GENERAL.—Prior to entering into any contract 

12 in excess of $100,000,000 for rolling stock and locomotive 

13 procurements Amtrak shall submit a business case analysis 

14 to the Secretary, the Committee on Commerce, Science, and 

15 Transportation and the Committee on Appropriations of 

16 the Senate and the Committee on Transportation and In17 frastructure and the Committee on Appropriations of the 

18 House of Representatives, on the utility of such procure19 ments. 

20 (b) CONTENTS.—The business case analysis shall— 

21 (1) include a cost and benefit comparison that 

22 describes the total lifecycle costs and the anticipated 

23 benefits related to revenue, operational efficiency, reli24 ability, and other factors; 

25 (2) set forth the total payments by fiscal year; 


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1 (3) identify the specific source and amounts of 

2 funding for each payment, including Federal funds, 

3 State funds, Amtrak profits, Federal, State, or pri4 vate loans or loan guarantees, and other funding; 

5 (4) include an explanation of whether any pay6 ment under the contract will increase Amtrak’s grant 

7 request, as required under section 24318 of title 49, 

8 United States Code, in that particular fiscal year; 

9 and 

10 (5) describe how Amtrak will adjust the procure11 ment if future funding is not available. 

12 (c) RULE OF CONSTRUCTION.—Nothing in this section 

13 shall be construed as requiring Amtrak to disclose confiden14 tial information regarding a potential vendor’s proposed 

15 pricing or other sensitive business information prior to con16 tract execution. 

17 SEC. 5207. FOOD AND BEVERAGE POLICY. 

18 (a) IN GENERAL.—Chapter 243, as amended in section 

19 5202 of this Act, is further amended by adding after section 

20 24320 the following: 

21 ‘‘§ 24321. Food and beverage reform 

22 ‘‘(a) PLAN.—Not later than 90 days after the date of 

23 enactment of the Rail Reform, Enhancement, and Effi24 ciency Act, Amtrak shall develop and begin implementing 

25 a plan to eliminate, not later than 4 years after the date 


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1 of enactment of that Act, the operating loss associated with 

2 providing food and beverage service on board Amtrak 

3 trains. 

4 ‘‘(b) CONSIDERATIONS.—In developing and imple5 menting the plan under subsection (a), Amtrak shall con6 sider a combination of cost management and revenue gen7 eration initiatives, including— 

8 ‘‘(1) scheduling optimization; 

9 ‘‘(2) onboard logistics; 

10 ‘‘(3) product development and supply chain effi11 ciency; 

12 ‘‘(4) training, awards, and accountability; 

13 ‘‘(5) technology enhancements and process im14 provements; and 

15 ‘‘(6) ticket revenue allocation. 

16 ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 

17 Amtrak employee holding a position as of the date of enact18 ment of the Rail Reform, Enhancement, and Efficiency Act 

19 is involuntarily separated because of— 

20 ‘‘(1) the development and implementation of the 

21 plan required under subsection (a); or 

22 ‘‘(2) any other action taken by Amtrak to imple23 ment this section. 

24 ‘‘(d) NO FEDERAL FUNDING FOR OPERATING

25 LOSSES.—Beginning on the date that is 4 years after the 


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1 date of enactment of the Rail Reform, Enhancement, and 

2 Efficiency Act, no Federal funds may be used to cover any 

3 operating loss associated with providing food and beverage 

4 service on a route operated by Amtrak or an alternative 

5 passenger rail service provider that operates a route in lieu 

6 of Amtrak under section 24711. 

7 ‘‘(e) REPORT.—Not later than 120 days after the date 

8 of enactment of the Rail Reform, Enhancement, and Effi9 ciency Act, and annually thereafter for a period of 4 years, 

10 Amtrak shall transmit 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 plan developed under sub14 section (a) and a description of progress in the implementa15 tion of the plan.’’. 

16 (b) CONFORMING AMENDMENT.—The table of contents 

17 for chapter 243, as amended in section 5202 of this Act, 

18 is amended by adding at the end the following: 

‘‘24321. Food and beverage reform.’’. 

19 SEC. 5208. LOCAL PRODUCTS AND PROMOTIONAL EVENTS. 

20 (a) IN GENERAL.—Not later than 6 months after the 

21 date of enactment of this Act, Amtrak shall establish a pilot 

22 program for a State or States that sponsor a State-sup23 ported route operated by Amtrak to facilitate— 

24 (1) onboard purchase and sale of local food and 

25 beverage products; and 


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1 (2) partnerships with local entities to hold pro2 motional events on trains or in stations. 

3 (b) PROGRAM DESIGN.—The pilot program under 

4 paragraph (1) shall allow a State or States— 

5 (1) to nominate and select a local food and bev6 erage products supplier or suppliers or local pro7 motional event partner; 

8 (2) to charge a reasonable price or fee for local 

9 food and beverage products or promotional events and 

10 related activities to help defray the costs of program 

11 administration and State-supported routes; and 

12 (3) a mechanism to ensure that State products 

13 can effectively be handled and integrated into existing 

14 food and beverage services, including compliance with 

15 all applicable regulations and standards governing 

16 such services. 

17 (c) PROGRAM ADMINISTRATION.—The pilot program 

18 shall— 

19 (1) for local food and beverage products, ensure 

20 the products are integrated into existing food and bev21 erage services, including compliance with all applica22 ble regulations and standards; 

23 (2) for promotional events, ensure the events are 

24 held in compliance with all applicable regulations 


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1 and standards, including terms to address insurance 

2 requirements; and 

3 (3) require an annual report that documents rev4 enues and costs and indicates whether the products or 

5 events resulted in a reduction in the financial con6 tribution of a State or States to the applicable State7 supported route. 

8 (d) REPORT.—Not later than 4 years after the date 

9 of establishment of the pilot programs under this section, 

10 Amtrak shall report 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 on which States have participated in the 

14 pilot programs under this section. The report shall summa15 rize the financial and operational outcomes of the pilot pro16 grams. 

17 (e) RULE OF CONSTRUCTION.—Nothing in this sub18 section shall be construed as limiting Amtrak’s ability to 

19 operate special trains in accordance with section 216 of the 

20 Passenger Rail Investment and Improvement Act of 2008 

21 (49 U.S.C. 24308 note). 

22 SEC. 5209. RIGHT-OF-WAY LEVERAGING. 

23 (a) REQUEST FOR PROPOSALS.— 

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

25 the date of enactment of this Act, Amtrak shall issue 


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1 a Request for Proposals seeking qualified persons or 

2 entities to utilize right-of-way and real estate owned, 

3 controlled, or managed by Amtrak for telecommuni4 cations systems, energy distribution systems, and 

5 other activities considered appropriate by Amtrak. 

6 (2) CONTENTS.—The Request for Proposals shall 

7 provide sufficient information on the right-of-way 

8 and real estate assets to enable respondents to propose 

9 an arrangement that will monetize or generate addi10 tional revenue from such assets through revenue shar11 ing or leasing agreements with Amtrak, to the extent 

12 possible. 

13 (b) CONSIDERATION OF PROPOSALS.—Not later than 

14 180 days following the deadline for the receipt of proposals 

15 under subsection (a), Amtrak shall review and consider each 

16 qualified proposal. Amtrak may enter into such agreements 

17 as are necessary to implement any qualified proposal. 

18 (c) REPORT.—Not later than 270 days following the 

19 deadline for the receipt of proposals under subsection (a), 

20 Amtrak shall transmit to the Committee on Commerce, 

21 Science, and Transportation of the Senate and the Com22 mittee on Transportation and Infrastructure of the House 

23 of Representatives a report on the Request for Proposals re24 quired by this section, including summary information of 


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1 any proposals submitted to Amtrak and any proposals ac2 cepted by Amtrak. 

3 (d) SAVINGS CLAUSE.—Nothing in this section shall 

4 be construed to limit Amtrak’s ability to utilize right-of5 way or real estate assets that it currently owns, controls, 

6 or manages or constrain Amtrak’s ability to enter into 

7 agreements with other parties to utilize such assets. 

8 SEC. 5210. STATION DEVELOPMENT. 

9 (a) REPORT ON DEVELOPMENT OPTIONS.—Not later 

10 than 1 year after the date of the enactment of this Act, Am11 trak shall submit a report to the Committee on Commerce, 

12 Science, and Transportation of the Senate and the Com13 mittee on Transportation and Infrastructure of the House 

14 of Representatives that describes— 

15 (1) options to enhance economic development and 

16 accessibility of and around Amtrak stations and ter17 minals, for the purposes of— 

18 (A) improving station condition, 

19 functionality, capacity, and customer amenities; 

20 (B) generating additional investment cap21 ital and development-related revenue streams; 

22 (C) increasing ridership and revenue; 

23 (D) complying with the applicable sections 

24 of the Americans with Disabilities Act of 1990 


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1 (42 U.S.C. 12101 et seq.) and the Rehabilitation 

2 Act of 1973 (29 U.S.C. 701 et seq.); and 

3 (E) strengthening multimodal connections, 

4 including transit, intercity buses, roll-on and 

5 roll-off bicycles, and airports, as appropriate; 

6 and 

7 (2) options for additional Amtrak stops that 

8 would have a positive incremental financial impact 

9 to Amtrak, based on Amtrak feasibility studies that 

10 demonstrate a financial benefit to Amtrak by gener11 ating additional revenue that exceeds any incremental 

12 costs. 

13 (b) REQUEST FOR INFORMATION.—Not later than 90 

14 days after the date the report is transmitted under sub15 section (a), Amtrak shall issue a Request of Information 

16 for 1 or more owners of stations served by Amtrak to for17 mally express an interest in completing the requirements 

18 of this section. 

19 (c) PROPOSALS.— 

20 (1) REQUEST FOR PROPOSALS.—Not later than 

21 180 days after the date the Request for Information 

22 is issued under subsection (a), Amtrak shall issue a 

23 Request for Proposals from qualified persons, includ24 ing small business concerns owned and controlled by 

25 socially and economically disadvantaged individuals 


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1 and veteran-owned small businesses, to lead, partici2 pate, or partner with Amtrak, a station owner that 

3 responded under subsection (b), and other entities in 

4 enhancing development in and around such stations 

5 and terminals using applicable options identified 

6 under subsection (a) at facilities selected by Amtrak. 

7 (2) CONSIDERATION OF PROPOSALS.—Not later 

8 than 1 year after the date the Request for Proposals 

9 are issued under paragraph (1), Amtrak shall review 

10 and consider qualified proposals submitted under 

11 paragraph (1). Amtrak or a station owner that re12 sponded under subsection (b) may enter into such 

13 agreements as are necessary to implement any quali14 fied proposal. 

15 (d) REPORT.—Not later than 3 years after the date 

16 of enactment of this Act, Amtrak shall transmit to the Com17 mittee on Commerce, Science, and Transportation of the 

18 Senate and the Committee on Transportation and Infra19 structure of the House of Representatives a report on the 

20 Request for Proposals process required under this section, 

21 including summary information of any qualified proposals 

22 submitted to Amtrak and any proposals acted upon by Am23 trak or a station owner that responded under subsection (b). 

24 (e) DEFINITIONS.—In this section, the terms ‘‘small 

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1 taged individual’’, and ‘‘veteran-owned small business’’ 

2 have the meanings given the terms in section 304(c) of this 

3 Act. 

4 (f) SAVINGS CLAUSE.—Nothing in this section shall be 

5 construed to limit Amtrak’s ability to develop its stations, 

6 terminals, or other assets, to constrain Amtrak’s ability to 

7 enter into and carry out agreements with other parties to 

8 enhance development at or around Amtrak stations or ter9 minals, or to affect any station development initiatives on10 going as of the date of enactment of this Act. 

11 SEC. 5211. AMTRAK DEBT. 

12 Section 205 of the Passenger Rail Investment and Im13 provement Act of 2008 (49 U.S.C. 24101 note) is amend14 ed— 

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 in 

19 advance in appropriations Acts’’ after ‘‘Amtrak’s 

20 indebtedness’’; and 

21 (B) by striking the second sentence; 

22 (3) in subsection (b), by striking ‘‘The Secretary 

23 of the Treasury, in consultation’’ and inserting ‘‘To 

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1 priations Acts, the Secretary of the Treasury, in con2 sultation’’; 

3 (4) in subsection (d), by inserting ‘‘, to the extent 

4 provided in advance in appropriations Acts’’ after 

5 ‘‘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 Revital15 ization and Regulatory Act of 1976 (45 U.S.C. 821 

16 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 date 

22 of enactment of this Act, Amtrak shall develop a pilot pro23 gram that allows passengers to transport domesticated cats 

24 or dogs on certain trains operated by Amtrak. 


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1 (b) PET POLICY.—In developing the pilot program re2 quired 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 man7 ner as carry-on baggage if— 

8 (A) the cat or dog is contained in a pet ken9 nel; 

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 op14 erating 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 do20 mesticated cat or dog on a train in the same manner 

21 as cargo if— 

22 (A) the cat or dog is contained in a pet ken23 nel; 

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 op2 erating 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 controlled 

6 in a manner protective of cat and dog safety and 

7 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 by 

11 a ticketed passenger in an amount that, in the aggre12 gate and at a minimum, covers the full costs of the 

13 pilot program. 

14 (c) REPORT.—Not later than 1 year after the pilot pro15 gram required under subsection (a) is first implemented, 

16 Amtrak shall transmit to the Committee on Commerce, 

17 Science, and Transportation of the Senate and the Com18 mittee on Transportation and Infrastructure of the House 

19 of Representatives a report containing an evaluation of the 

20 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 be 

7 used to implement the pilot program required under 

8 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 Direc14 tors (referred to in this section as the ‘Board’) is com15 posed of the following 9 directors, each of whom must 

16 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 advice 

21 and consent of the Senate, with general business 

22 and financial experience, experience or qualifica23 tions in transportation, freight and passenger 

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1 resentatives of employees or users of passenger 

2 rail transportation or a State government. 

3 ‘‘(2) SELECTION.—In selecting individuals de4 scribed in paragraph (1)(C) for nominations for ap5 pointments to the Board, the President shall consult 

6 with the Speaker of the House of Representatives, the 

7 minority leader of the House of Representatives, the 

8 majority leader of the Senate, and the minority leader 

9 of the Senate. The individuals appointed to the Board 

10 under paragraph (1)(C) shall be composed of the fol11 lowing; 

12 ‘‘(A) 2 individuals from the Northeast Cor13 ridor. 

14 ‘‘(B) 4 individuals from regions of the coun15 try outside of the Northeast Corridor and geo16 graphically distributed with— 

17 ‘‘(i) 2 individuals from States with 

18 long-distance routes operated by Amtrak; 

19 and 

20 ‘‘(ii) 2 individuals from States with 

21 State-supported routes operated by Amtrak. 

22 ‘‘(C) 1 individual from the Northeast Cor23 ridor or a State with long-distance or State-sup24 ported routes. 


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1 ‘‘(3) TERM.—An individual appointed under 

2 paragraph (1)(C) shall be appointed for a term of 5 

3 years. The term may be extended until the individ4 ual’s successor is appointed and qualified. Not more 

5 than 4 individuals appointed under paragraph (1)(C) 

6 may be members of the same political party. 

7 ‘‘(4) CHAIRPERSON AND VICE CHAIRPERSON.— 

8 The Board shall elect a chairperson and vice chair9 person, other than the President of Amtrak, from 

10 among its membership. The vice chairperson shall 

11 serve as chairperson in the absence of the chairperson. 

12 ‘‘(5) SECRETARY’S DESIGNEE.—The Secretary 

13 may be represented at Board meetings by the Sec14 retary’s designee.’’. 

15 (b) RULE OF CONSTRUCTION.—Nothing in this section 

16 shall be construed as affecting the term of any director serv17 ing on the Amtrak Board of Directors under section 

18 24302(a)(1)(C) of title 49, United States Code, on the day 

19 preceding the date of enactment of this Act. 

20 SEC. 5214. AMTRAK BOARDING PROCEDURES. 

21 (a) REPORT.—Not later than 6 months after the date 

22 of enactment of this Act, the Amtrak Office of Inspector 

23 General shall submit a report to the Committee on Com24 merce, Science, and Transportation of the Senate and the 


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1 Committee on Transportation and Infrastructure of the 

2 House of Representatives that— 

3 (1) evaluates Amtrak’s boarding procedures for 

4 passengers, including passengers using or trans5 porting nonmotorized transportation, such as wheel6 chairs and bicycles, at its 15 stations through which 

7 the most people pass; 

8 (2) compares Amtrak’s boarding procedures to— 

9 (A) commuter railroad boarding procedures 

10 at stations shared with Amtrak; 

11 (B) international intercity passenger rail 

12 boarding procedures; and 

13 (C) fixed guideway transit boarding proce14 dures; and 

15 (3) makes recommendations, as appropriate, in 

16 consultation with the Transportation Security Ad17 ministration, to improve Amtrak’s boarding proce18 dures, including recommendations regarding the 

19 queuing of passengers and free-flow of all station 

20 users and facility improvements needed to achieve the 

21 recommendations. 

22 (b) CONSIDERATION OF RECOMMENDATIONS.—Not 

23 later than 6 months after the report is submitted under sub24 section (a), Amtrak shall consider each recommendation 


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1 provided under subsection (a)(3) for implementation at ap2 propriate locations across the Amtrak system. 

3 Subtitle C—Intercity Passenger 

4 Rail Policy 

5 SEC. 5301. COMPETITIVE OPERATING GRANTS. 

6 (a) IN GENERAL.—Chapter 244 is amended— 

7 (1) by striking section 24406; and 

8 (2) by inserting after section 24405 the fol9 lowing: 

10 ‘‘§ 24406. Competitive operating grants 

11 ‘‘(a) APPLICANT DEFINED.—In this section, the term 

12 ‘applicant’ means— 

13 ‘‘(1) a State; 

14 ‘‘(2) a group of States; 

15 ‘‘(3) an Interstate Compact; 

16 ‘‘(4) a public agency or publicly chartered au17 thority established by 1 or more States and having re18 sponsibility for providing intercity rail passenger 

19 transportation or commuter rail passenger transpor20 tation; 

21 ‘‘(5) a political subdivision of a State; 

22 ‘‘(6) Amtrak or another rail passenger carrier 

23 that provides intercity rail passenger transportation; 


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1 ‘‘(7) Any rail carrier in partnership with at 

2 least 1 of the entities described in paragraphs (1) 

3 through (5); and 

4 ‘‘(8) any combination of the entities described in 

5 paragraphs (1) through (7). 

6 ‘‘(b) GRANTS AUTHORIZED.—The Secretary of Trans7 portation shall develop and implement a program for 

8 issuing 3-year operating assistance grants to applicants, on 

9 a competitive basis, for the purpose of initiating, restoring, 

10 or enhancing intercity rail passenger service. 

11 ‘‘(c) APPLICATION.—An applicant for a grant under 

12 this section shall submit to the Secretary— 

13 ‘‘(1) a capital and mobilization plan that— 

14 ‘‘(A) describes any capital investments, 

15 service planning actions (such as environmental 

16 reviews), and mobilization actions (such as qual17 ification of train crews) required for initiation 

18 of service; and 

19 ‘‘(B) includes the timeline for undertaking 

20 and completing each of the investments and ac21 tions referred to in subparagraph (A); 

22 ‘‘(2) an operating plan that describes the 

23 planned operation of the service, including— 

24 ‘‘(A) the identity and qualifications of the 

25 train operator; 


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1 ‘‘(B) the identity and qualifications of any 

2 other service providers; 

3 ‘‘(C) service frequency; 

4 ‘‘(D) the planned routes and schedules; 

5 ‘‘(E) the station facilities that will be uti6 lized; 

7 ‘‘(F) projected ridership, revenues, and 

8 costs; 

9 ‘‘(G) descriptions of how the projections 

10 under subparagraph (F) were developed; 

11 ‘‘(H) the equipment that will be utilized, 

12 how such equipment will be acquired or refur13 bished, and where such equipment will be main14 tained; and 

15 ‘‘(I) a plan for ensuring safe operations and 

16 compliance with applicable safety regulations; 

17 ‘‘(3) a funding plan that— 

18 ‘‘(A) describes the funding of initial capital 

19 costs and operating costs for the first 3 years of 

20 operation; 

21 ‘‘(B) includes a commitment by the appli22 cant to provide the funds described in subpara23 graph (A) to the extent not covered by Federal 

24 grants and revenues; and 


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1 ‘‘(C) describes the funding of operating costs 

2 and capital costs, to the extent necessary, after 

3 the first 3 years of operation; and 

4 ‘‘(4) a description of the status of negotiations 

5 and agreements with— 

6 ‘‘(A) each of the railroads or regional trans7 portation authorities whose tracks or facilities 

8 would be utilized by the service; 

9 ‘‘(B) the anticipated rail passenger carrier, 

10 if such entity is not part of the applicant group; 

11 and 

12 ‘‘(C) any other service providers or entities 

13 expected to provide services or facilities that will 

14 be used by the service, including any required 

15 access to Amtrak systems, stations, and facilities 

16 if Amtrak is not part of the applicant group. 

17 ‘‘(d) PRIORITIES.—In awarding grants under this sec18 tion, the Secretary shall give priority to applications— 

19 ‘‘(1) for which planning, design, any environ20 mental reviews, negotiation of agreements, acquisition 

21 of equipment, construction, and other actions nec22 essary for initiation of service have been completed or 

23 nearly completed; 


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1 ‘‘(2) that would restore service over routes for2 merly operated by Amtrak, including routes with 

3 international connections; 

4 ‘‘(3) that would provide daily or daytime service 

5 over routes where such service did not previously 

6 exist; 

7 ‘‘(4) that include private funding (including 

8 funding from railroads), and funding or other signifi9 cant participation by State, local, and regional gov10 ernmental and private entities; 

11 ‘‘(5) that include a funding plan that dem12 onstrates the intercity rail passenger service will be 

13 financially sustainable beyond the 3-year grant pe14 riod; 

15 ‘‘(6) that would provide service to regions and 

16 communities that are underserved or not served by 

17 other intercity public transportation; 

18 ‘‘(7) that would foster economic development, 

19 particularly in rural communities and for disadvan20 taged populations; 

21 ‘‘(8) that would provide other non-transportation 

22 benefits; and 

23 ‘‘(9) that would enhance connectivity and geo24 graphic coverage of the existing national network of 

25 intercity passenger rail service. 


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1 ‘‘(e) LIMITATIONS.— 

2 ‘‘(1) DURATION.—Federal operating assistance 

3 grants authorized under this section for any indi4 vidual intercity rail passenger transportation route 

5 may not provide funding for more than 3 years and 

6 may not be renewed. 

7 ‘‘(2) LIMITATION.—Not more than 6 of the oper8 ating assistance grants awarded pursuant to sub9 section (b) may be simultaneously active. 

10 ‘‘(3) MAXIMUM FUNDING.—Grants described in 

11 paragraph (1) may not exceed— 

12 ‘‘(A) 80 percent of the projected net oper13 ating costs for the first year of service; 

14 ‘‘(B) 60 percent of the projected net oper15 ating costs for the second year of service; and 

16 ‘‘(C) 40 percent of the projected net oper17 ating costs for the third year of service. 

18 ‘‘(f) USE WITH CAPITAL GRANTS AND OTHER FED19 ERAL FUNDING.—A recipient of an operating assistance 

20 grant under subsection (b) may use that grant in combina21 tion with other grants awarded under this chapter or any 

22 other Federal funding that would benefit the applicable 

23 service. 


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1 ‘‘(g) AVAILABILITY.—Amounts appropriated for car2 rying out this section shall remain available until ex3 pended. 

4 ‘‘(h) COORDINATION WITH AMTRAK.—If the Secretary 

5 awards a grant under this section to a rail passenger car6 rier other than Amtrak, Amtrak may be required under sec7 tion 24711(c)(1) of this title to provide access to its reserva8 tion system, stations, and facilities that are directly related 

9 to operations to such carrier, to the extent necessary to 

10 carry out the purposes of this section. The Secretary may 

11 award an appropriate portion of the grant to Amtrak as 

12 compensation for this access. 

13 ‘‘(i) CONDITIONS.— 

14 ‘‘(1) GRANT AGREEMENT.—The Secretary shall 

15 require grant recipients under this section to enter 

16 into a grant agreement that requires them to provide 

17 similar information regarding the route performance, 

18 financial, and ridership projections, and capital and 

19 business plans that Amtrak is required to provide, 

20 and such other data and information as the Secretary 

21 deems necessary. 

22 ‘‘(2) INSTALLMENTS; TERMINATION.—The Sec23 retary may— 


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1 ‘‘(A) award grants under this section in in2 stallments, as the Secretary considers appro3 priate; and 

4 ‘‘(B) terminate any grant agreement 

5 upon— 

6 ‘‘(i) the cessation of service; or 

7 ‘‘(ii) the violation of any other term of 

8 the grant agreement. 

9 ‘‘(3) GRANT CONDITIONS.—Except as specifically 

10 provided in this section, the use of any amounts ap11 propriated for grants under this section shall be sub12 ject to the requirements under this chapter. 

13 ‘‘(j) REPORT.—Not later than 4 years after the date 

14 of enactment of the Rail Reform, Enhancement, and Effi15 ciency Act, the Secretary, after consultation with grant re16 cipients under this section, shall submit a report to Con17 gress that describes— 

18 ‘‘(1) the implementation of this section; 

19 ‘‘(2) the status of the investments and operations 

20 funded by such grants; 

21 ‘‘(3) the performance of the routes funded by 

22 such grants; 

23 ‘‘(4) the plans of grant recipients for continued 

24 operation and funding of such routes; and 

25 ‘‘(5) any legislative recommendations.’’. 


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1 (b) CONFORMING AMENDMENTS.—Chapter 244 is 

2 amended— 

3 (1) in the table of contents, by inserting after the 

4 item relating to section 24405 the following: 

‘‘24406. Competitive operating grants.’’; 

5 (2) in the chapter title, by striking ‘‘INTER6 CITY PASSENGER RAIL SERVICE COR7 RIDOR CAPITAL’’ and inserting ‘‘RAIL CAP8 ITAL AND OPERATING’’; 

9 (3) in section 24401, by striking paragraph (1); 

10 (4) in section 24402, by striking subsection (j) 

11 and inserting the following: 

12 ‘‘(j) APPLICANT DEFINED.—In this section, the term 

13 ‘applicant’ means a State (including the District of Colum14 bia), a group of States, an Interstate Compact, a public 

15 agency or publicly chartered authority established by 1 or 

16 more States and having responsibility for providing inter17 city rail passenger transportation, or a political subdivi18 sion of a State.’’; and 

19 (5) in section 24405— 

20 (A) in subsection (b)— 

21 (i) by inserting ‘‘, or for which an op22 erating grant is issued under section 

23 24406,’’ after ‘‘chapter’’; and 

24 (ii) in paragraph (2), by striking 

25 ‘‘(43’’ and inserting ‘‘(45’’; 


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1 (B) in subsection (d)(1), in the matter pre2 ceding subparagraph (A), by inserting ‘‘or unless 

3 Amtrak ceased providing intercity passenger 

4 railroad transportation over the affected route 

5 more than 3 years before the commencement of 

6 new service’’ after ‘‘unless such service was pro7 vided solely by Amtrak to another entity’’; 

8 (C) in subsection (f), by striking ‘‘under 

9 this chapter for commuter rail passenger trans10 portation, as defined in section 24012(4) of this 

11 title.’’ and inserting ‘‘under this chapter for com12 muter rail passenger transportation (as defined 

13 in section 24102(3)).’’; and 

14 (D) by adding at the end the following: 

15 ‘‘(g) SPECIAL TRANSPORTATION CIRCUMSTANCES.—In 

16 carrying out this chapter, the Secretary shall allocate an 

17 appropriate portion of the amounts available under this 

18 chapter to provide grants to States— 

19 ‘‘(1) in which there is no intercity passenger rail 

20 service, for the purpose of funding freight rail capital 

21 projects that are on a State rail plan developed under 

22 chapter 227 that provide public benefits (as defined in 

23 chapter 227), as determined by the Secretary; or 

24 ‘‘(2) in which the rail transportation system is 

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1 nental United States or may not otherwise qualify for 

2 a grant under this section due to the unique charac3 teristics of the geography of that State or other rel4 evant considerations, for the purpose of funding 

5 transportation-related capital projects.’’. 

6 SEC. 5302. FEDERAL-STATE PARTNERSHIP FOR STATE OF 

7 GOOD REPAIR. 

8 (a) AMENDMENT.—Chapter 244 is amended by insert9 ing after section 24406, as added by section 5301 of this 

10 Act, the following: 

11 ‘‘§ 24407. Federal-State partnership for state of good 

12 repair 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) APPLICANT.—The term ‘applicant’ means— 

15 ‘‘(A) a State (including the District of Co16 lumbia); 

17 ‘‘(B) a group of States; 

18 ‘‘(C) an Interstate Compact; 

19 ‘‘(D) a public agency or publicly chartered 

20 authority established by 1 or more States that 

21 has responsibility for providing intercity rail 

22 passenger transportation or commuter rail pas23 senger transportation; 

24 ‘‘(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 im18 provements, as determined by the Secretary. 

19 ‘‘(3) NORTHEAST CORRIDOR.—The term ‘North20 east 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, equip6 ment, 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 Rail Reform, En11 hancement, and Efficiency Act. 

12 ‘‘(b) GRANT PROGRAM AUTHORIZED.—The Secretary 

13 of Transportation shall develop and implement a program 

14 for issuing grants to applicants, on a competitive basis, to 

15 fund capital projects that reduce the state of good repair 

16 backlog on qualified railroad assets. 

17 ‘‘(c) ELIGIBLE PROJECTS.—Projects eligible for grants 

18 under this section include capital projects to replace or re19 habilitate qualified railroad assets, including— 

20 ‘‘(1) capital projects to replace existing assets in21 kind; 

22 ‘‘(2) capital projects to replace existing assets 

23 with assets that increase capacity or provide a higher 

24 level of service; and 


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1 ‘‘(3) capital projects to ensure that service can be 

2 maintained while existing assets are brought to a 

3 state of good repair. 

4 ‘‘(d) PROJECT SELECTION CRITERIA.—In selecting an 

5 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 percent; 

14 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, competitiveness, 

23 reliability, trip or transit time, and resil24 ience; 


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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 eli4 gible for a grant under this section unless the project is spe5 cifically identified— 

6 ‘‘(1) on a State rail plan prepared in accordance 

7 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 AGREEMENTS.— 

13 Grant funds may not be provided under this section 

14 to an eligible recipient for an eligible project located 

15 on the Northeast Corridor unless Amtrak and the 

16 public authorities providing commuter rail passenger 

17 transportation on the Northeast Corridor are in com18 pliance with section 24905(c)(2). 

19 ‘‘(2) CAPITAL INVESTMENT PLAN.—When select20 ing projects located on the Northeast Corridor, the 

21 Secretary shall consider the appropriate sequence and 

22 phasing of projects as contained in the Northeast Cor23 ridor Capital Investment Plan developed pursuant to 

24 section 24904(a). 

25 ‘‘(g) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 


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1 ‘‘(1) TOTAL PROJECT COST.—The Secretary shall 

2 estimate the total cost of a project under this section 

3 based on the best available information, including en4 gineering studies, studies of economic feasibility, envi5 ronmental analyses, and information on the expected 

6 use of equipment or facilities. 

7 ‘‘(2) FEDERAL SHARE.—The Federal share of 

8 total costs for a project under this subsection shall not 

9 exceed 80 percent. 

10 ‘‘(3) TREATMENT OF AMTRAK REVENUE.—If Am11 trak or another rail passenger carrier is an applicant 

12 under this section, Amtrak or the other rail passenger 

13 carrier, as applicable, may use ticket and other reve14 nues generated from its operations and other sources 

15 to satisfy the non-Federal share requirements. 

16 ‘‘(h) LETTERS OF INTENT.— 

17 ‘‘(1) IN GENERAL.—The Secretary may issue a 

18 letter of intent to a grantee under this section that— 

19 ‘‘(A) announces an intention to obligate, for 

20 a major capital project under this section, an 

21 amount from future available budget authority 

22 specified in law that is not more than the 

23 amount stipulated as the financial participation 

24 of the Secretary in the project; and 


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1 ‘‘(B) states that the contingent commit2 ment— 

3 ‘‘(i) is not an obligation of the Federal 

4 Government; and 

5 ‘‘(ii) is subject to the availability of 

6 appropriations under Federal law and to 

7 Federal laws in force or enacted after the 

8 date of the contingent commitment. 

9 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

10 ‘‘(A) IN GENERAL.—Not later than 30 days 

11 before issuing a letter under paragraph (1), the 

12 Secretary shall submit written notification to— 

13 ‘‘(i) the Committee on Commerce, 

14 Science, and Transportation of the Senate; 

15 ‘‘(ii) the Committee on Appropriations 

16 of the Senate; 

17 ‘‘(iii) the Committee on Transpor18 tation and Infrastructure of the House of 

19 Representatives; and 

20 ‘‘(iv) the Committee on Appropriations 

21 of the House of Representatives. 

22 ‘‘(B) CONTENTS.—The notification sub23 mitted pursuant to subparagraph (A) shall in24 clude— 


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1 ‘‘(i) a copy of the proposed letter or 

2 agreement; 

3 ‘‘(ii) the criteria used under subsection 

4 (d) for selecting the project for a grant 

5 award; and 

6 ‘‘(iii) a description of how the project 

7 meets such criteria. 

8 ‘‘(3) APPROPRIATIONS REQUIRED.—An obliga9 tion or administrative commitment may be made 

10 under this section only when amounts are appro11 priated for such purpose. 

12 ‘‘(i) AVAILABILITY.—Amounts appropriated for car13 rying out this section shall remain available until ex14 pended. 

15 ‘‘(j) GRANT CONDITIONS.—Except as specifically pro16 vided in this section, the use of any amounts appropriated 

17 for grants under this section shall be subject to the require18 ments under this chapter.’’. 

19 (b) CONFORMING AMENDMENT.—The table of contents 

20 for chapter 244 is amended by inserting after the item relat21 ing to section 24406 the following: 

‘‘24407. Federal-State partnership for state of good repair.’’. 

22 SEC. 5303. LARGE CAPITAL PROJECT REQUIREMENTS. 

23 Section 24402 is amended by adding at the end the 

24 following: 

25 ‘‘(m) LARGE CAPITAL PROJECT REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—For a grant awarded under 

2 this chapter for an amount in excess of 

3 $1,000,000,000, the following conditions shall apply: 

4 ‘‘(A) The Secretary of Transportation may 

5 not obligate any funding unless the applicant 

6 demonstrates, to the satisfaction of the Secretary, 

7 that the applicant has committed, and will be 

8 able to fulfill, the non-Federal share required for 

9 the grant within the applicant’s proposed project 

10 completion timetable. 

11 ‘‘(B) The Secretary may not obligate any 

12 funding for work activities that occur after the 

13 completion of final design unless— 

14 ‘‘(i) the applicant submits a financial 

15 plan to the Secretary that generally identi16 fies the sources of the non-Federal funding 

17 required for any subsequent segments or 

18 phases of the corridor service development 

19 program covering the project for which the 

20 grant is awarded; 

21 ‘‘(ii) the grant will result in a useable 

22 segment, a transportation facility, or equip23 ment, that has operational independence or 

24 is financially sustainable; and 


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1 ‘‘(iii) the intercity passenger rail bene2 fits anticipated to result from the grant, 

3 such as increased speed, improved on-time 

4 performance, reduced trip time, increased 

5 frequencies, new service, safety improve6 ments, improved accessibility, or other sig7 nificant enhancements, are detailed by the 

8 grantee and approved by the Secretary. 

9 ‘‘(C)(i) The Secretary shall ensure that the 

10 project is maintained to the level of utility that 

11 is necessary to support the benefits approved 

12 under subparagraph (B)(iii) for a period of 20 

13 years from the date on which the useable seg14 ment, transportation facility, or equipment de15 scribed in subparagraph (B)(ii) is placed in 

16 service. 

17 ‘‘(ii) If the project property is not main18 tained as required under clause (i) for a 12- 

19 month period, the grant recipient shall refund a 

20 pro-rata share of the Federal contribution, based 

21 upon the percentage remaining of the 20-year pe22 riod that commenced when the project property 

23 was placed in service. 

24 ‘‘(2) EARLY WORK.—The Secretary may allow a 

25 grantee subject to this subsection to engage in at-risk 


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1 work activities subsequent to the conclusion of final 

2 design if the Secretary determines that such work ac3 tivities are reasonable and necessary.’’. 

4 SEC. 5304. SMALL BUSINESS PARTICIPATION STUDY. 

5 (a) STUDY.—The Secretary shall conduct a nationwide 

6 disparity and availability study on the availability and use 

7 of small business concerns owned and controlled by socially 

8 and economically disadvantaged individuals and veteran9 owned small businesses in publicly funded intercity pas10 senger rail service projects. 

11 (b) REPORT.—Not later than 4 years after the date 

12 of enactment of this Act, the Secretary shall submit a report 

13 containing the results of the study conducted under sub14 section (a) to the Committee on Commerce, Science, and 

15 Transportation of the Senate and the Committee on Trans16 portation and Infrastructure of the House of Representa17 tives. 

18 (c) DEFINITIONS.—In this section: 

19 (1) SMALL BUSINESS CONCERN.—The term 

20 ‘‘small business concern’’ has the meaning given such 

21 term in section 3 of the Small Business Act (15 

22 U.S.C. 632), except that the term does not include 

23 any concern or group of concerns controlled by the 

24 same socially and economically disadvantaged indi25 vidual or individuals that have average annual gross 


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1 receipts during the preceding 3 fiscal years in excess 

2 of $22,410,000, as adjusted annually by the Secretary 

3 for inflation. 

4 (2) SOCIALLY AND ECONOMICALLY DISADVAN5 TAGED INDIVIDUAL.—The term ‘‘socially and eco6 nomically disadvantaged individual’’ has the mean7 ing given such term in section 8(d) of the Small Busi8 ness Act (15 U.S.C. 637(d)) and relevant subcon9 tracting regulations issued pursuant to such Act, ex10 cept that women shall be presumed to be socially and 

11 economically disadvantaged individuals for purposes 

12 of this section. 

13 (3) VETERAN-OWNED SMALL BUSINESS.—The 

14 term ‘‘veteran-owned small business’’ has the meaning 

15 given the term ‘‘small business concern owned and 

16 controlled by veterans’’ in section 3(q)(3) of the Small 

17 Business Act (15 U.S.C. 632(q)(3)), except that the 

18 term does not include any concern or group of con19 cerns controlled by the same veterans that have aver20 age annual gross receipts during the preceding 3 fis21 cal years in excess of $22,410,000, as adjusted annu22 ally by the Secretary for inflation. 

23 SEC. 5305. GULF COAST RAIL SERVICE WORKING GROUP. 

24 (a) IN GENERAL.—Not later than 90 days after the 

25 date of enactment of this Act, the Secretary shall convene 


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1 a working group to evaluate the restoration of intercity rail 

2 passenger service in the Gulf Coast region between New Or3 leans, Louisiana, and Orlando, Florida. 

4 (b) MEMBERSHIP.—The working group convened pur5 suant to subsection (a) shall consist of representatives of— 

6 (1) the Federal Railroad Administration, which 

7 shall serve as chair of the working group; 

8 (2) Amtrak; 

9 (3) the States along the proposed route or routes; 

10 (4) regional transportation planning organiza11 tions and metropolitan planning organizations, mu12 nicipalities, and communities along the proposed 

13 route or routes, which shall be selected by the Admin14 istrator; 

15 (5) the Southern Rail Commission; 

16 (6) freight railroad carriers whose tracks may be 

17 used for such service; and 

18 (7) other entities determined appropriate by the 

19 Secretary, which may include independent passenger 

20 rail operators that express an interest in Gulf Coast 

21 service. 

22 (c) RESPONSIBILITIES.—The working group shall— 

23 (1) evaluate all options for restoring intercity 

24 rail passenger service in the Gulf Coast region, in25 cluding options outlined in the report transmitted to 


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1 Congress pursuant to section 226 of the Passenger 

2 Rail Investment and Improvement Act of 2008 (divi3 sion B of Public Law 110–432); 

4 (2) select a preferred option for restoring such 

5 service; 

6 (3) develop a prioritized inventory of capital 

7 projects and other actions required to restore such 

8 service and cost estimates for such projects or actions; 

9 and 

10 (4) identify Federal and non-Federal funding 

11 sources required to restore such service, including op12 tions for entering into public-private partnerships to 

13 restore such service. 

14 (d) REPORT.—Not later than 9 months after the date 

15 of enactment of this Act, the working group shall submit 

16 a report to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committee on Trans18 portation and Infrastructure of the House of Representa19 tives that includes— 

20 (1) the preferred option selected under subsection 

21 (c)(2) and the reasons for selecting such option; 

22 (2) the information described in subsection 

23 (c)(3); 

24 (3) the funding sources identified under sub25 section (c)(4); 


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1 (4) the costs and benefits of restoring intercity 

2 rail passenger transportation in the region; and 

3 (5) any other information the working group de4 termines appropriate. 

5 SEC. 5306. INTEGRATED PASSENGER RAIL WORKING 

6 GROUP. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Secretary shall convene 

9 a working group to review issues relating to— 

10 (1) the potential operation of State-supported 

11 routes by rail passenger carriers other than Amtrak; 

12 and 

13 (2) their role in establishing an integrated inter14 city passenger rail network in the United States. 

15 (b) MEMBERSHIP.—The working group shall consist of 

16 a balanced representation of— 

17 (1) the Federal Railroad Administration, who 

18 shall chair the Working Group; 

19 (2) States that fund State-sponsored routes; 

20 (3) independent passenger rail operators, includ21 ing those that carry at least 5,000,000 passengers an22 nually in United States or international rail service; 

23 (4) Amtrak; 

24 (5) railroads that host intercity State-supported 

25 routes; 


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1 (6) employee representatives from railroad 

2 unions and building trade unions with substantial 

3 engagement in railroad rights of way construction 

4 and maintenance; and 

5 (7) other entities determined appropriate by the 

6 Secretary. 

7 (c) RESPONSIBILITIES.—The working group shall 

8 evaluate options for improving State-supported routes and 

9 may make recommendations, as appropriate, regarding— 

10 (1) best practices for State or State authority 

11 governance of State-supported routes; 

12 (2) future sources of Federal and non-Federal 

13 funding sources for State-supported routes; 

14 (3) best practices in obtaining passenger rail op15 erations and services on a competitive basis with the 

16 objective of creating the highest quality service at the 

17 lowest cost to the taxpayer; 

18 (4) ensuring potential interoperability of State19 supported routes as a part of a national network with 

20 multiple providers providing integrated services in21 cluding ticketing, scheduling, and route planning; 

22 and 

23 (5) the interface between State-supported routes 

24 and connecting commuter rail operations, including 


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1 maximized intra-modal and intermodal connections 

2 and common sources of funding for capital projects. 

3 (d) MEETINGS.—Not later than 60 days after the es4 tablishment of the working group by the Secretary under 

5 subsection (a), the working group shall convene an organi6 zational meeting outside of the District of Columbia and 

7 shall define the rules and procedures governing the pro8 ceedings of the working group. The working group shall hold 

9 at least 3 meetings per year in States that fund State-sup10 ported routes. 

11 (e) REPORTS.— 

12 (1) PRELIMINARY REPORT.—Not later than 1 

13 year after the date the working group is established, 

14 the working group shall submit a preliminary report 

15 to the Secretary, the Governors of States funding 

16 State-supported routes, the Committee on Commerce, 

17 Science, and Transportation of the Senate, and the 

18 Committee on Transportation and Infrastructure of 

19 the House of Representatives that includes— 

20 (A) administrative recommendations that 

21 can be implemented by a State and State au22 thority or by the Secretary; and 

23 (B) preliminary legislative recommenda24 tions. 


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1 (2) FINAL LEGISLATIVE RECOMMENDATIONS.— 

2 Not later than 2 years after the date the working 

3 group is established, the working group shall submit 

4 a report to the Committee on Commerce, Science, and 

5 Transportation of the Senate and the Committee on 

6 Transportation and Infrastructure of the House of 

7 Representatives that includes final legislative rec8 ommendations. 

9 SEC. 5307. SHARED-USE STUDY. 

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

11 date of enactment of this Act, the Secretary, in consultation 

12 with Amtrak, commuter rail authorities, and other pas13 senger rail operators, railroad carriers that own rail infra14 structure over which both passenger and freight trains oper15 ate, States, the Surface Transportation Board, the North16 east Corridor Commission established under section 24905, 

17 the State-Supported Route Committee established under sec18 tion 24712, and groups representing rail passengers and 

19 customers, as appropriate, shall complete a study that eval20 uates— 

21 (1) the shared use of right-of-way by passenger 

22 and freight rail systems; and 

23 (2) the operational, institutional, and legal 

24 structures that would best support improvements to 

25 the systems referred to in paragraph (1). 


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1 (b) AREAS OF STUDY.—In conducting the study under 

2 subsection (a), the Secretary shall evaluate— 

3 (1) the access and use of railroad right-of-way by 

4 a rail carrier that does not own the right-of-way, such 

5 as passenger rail services that operate over privately6 owned right-of-way, including an analysis of— 

7 (A) access agreements; 

8 (B) costs of access; and 

9 (C) the resolution of disputes relating to 

10 such access or costs; 

11 (2) the effectiveness of existing contractual, statu12 tory, and regulatory mechanisms for establishing, 

13 measuring, and enforcing train performance stand14 ards, including— 

15 (A) the manner in which passenger train 

16 delays are recorded; 

17 (B) the assignment of responsibility for such 

18 delays; and 

19 (C) the use of incentives and penalties for 

20 performance; 

21 (3) strengths and weaknesses in the existing 

22 mechanisms described in paragraph (2) and possible 

23 approaches to address the weaknesses; 

24 (4) mechanisms for measuring and maintaining 

25 public benefits resulting from publicly funded freight 


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1 or passenger rail improvements, including improve2 ments directed towards shared-use right-of-way by 

3 passenger and freight rail; 

4 (5) approaches to operations, capacity, and cost 

5 estimation modeling that— 

6 (A) allows for transparent decisionmaking; 

7 and 

8 (B) protects the proprietary interests of all 

9 parties; 

10 (6) liability requirements and arrangements, in11 cluding— 

12 (A) whether to expand statutory liability 

13 limits to additional parties; 

14 (B) whether to revise the current statutory 

15 liability limits; 

16 (C) whether current insurance levels of pas17 senger rail operators are adequate and whether 

18 to establish minimum insurance requirements for 

19 such passenger rail operators; and 

20 (D) whether to establish a liability regime 

21 modeled after section 170 of the Atomic Energy 

22 Act of 1954 (42 U.S.C. 2210); 

23 (7) the effect on rail passenger services, oper24 ations, liability limits and insurance levels of the as25 sertion of sovereign immunity by a State; and 


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1 (8) other issues identified by the Secretary. 

2 (c) REPORT.—Not later than 60 days after the study 

3 under subsection (a) is complete, the Secretary shall submit 

4 to the Committee on Commerce, Science, and Transpor5 tation of the Senate and the Committee on Transportation 

6 and Infrastructure of the House of Representatives a report 

7 that includes— 

8 (1) the results of the study; and 

9 (2) any recommendations for further action, in10 cluding any legislative proposals consistent with such 

11 recommendations. 

12 (d) IMPLEMENTATION.—The Secretary shall integrate 

13 the recommendations submitted under subsection (c) into 

14 its financial assistance programs under subtitle V of title 

15 49, United States Code, and section 502 of the Railroad 

16 Revitalization and Regulatory Reform Act of 1976 (45 

17 U.S.C. 822), as appropriate. 

18 SEC. 5308. NORTHEAST CORRIDOR COMMISSION. 

19 (a) COMPOSITION.—Section 24905(a) is amended— 

20 (1) in paragraph (1)— 

21 (A) in the matter preceding subparagraph 

22 (A), by inserting ‘‘, infrastructure investments,’’ 

23 after ‘‘rail operations’’; 

24 (B) by amending subparagraph (B) to read 

25 as follows: 


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1 ‘‘(B) members representing the Department of 

2 Transportation, including the Office of the Secretary, 

3 the Federal Railroad Administration, and the Federal 

4 Transit Administration;’’; and 

5 (C) in subparagraph (D) by inserting ‘‘and 

6 commuter’’ after ‘‘freight’’; and 

7 (2) by amending paragraph (6) to read as fol8 lows: 

9 ‘‘(6) The members of the Commission shall elect 

10 co-chairs consisting of 1 member described in para11 graph (1)(B) and 1 member described in paragraph 

12 (1)(C).’’. 

13 (b) STATEMENT OF GOALS AND RECOMMENDATIONS.— 

14 Section 24905(b) is amended— 

15 (1) in paragraph (1), by inserting ‘‘and periodi16 cally update’’ after ‘‘develop’’; 

17 (2) in paragraph (2)(A), by striking ‘‘beyond 

18 those specified in the state of good repair plan under 

19 section 211 of the Passenger Rail Investment and Im20 provement Act of 2008’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(3) SUBMISSION OF STATEMENT OF GOALS, 

23 RECOMMENDATIONS, AND PERFORMANCE REPORTS.— 

24 The Commission shall submit to the Committee on 

25 Commerce, Science, and Transportation of the Senate 


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1 and the Committee on Transportation and Infrastruc2 ture of the House of Representatives— 

3 ‘‘(A) any updates made to the statement of 

4 goals developed under paragraph (1) not later 

5 than 60 days after such updates are made; and 

6 ‘‘(B) annual performance reports and rec7 ommendations for improvements, as appropriate, 

8 issued not later than March 31 of each year, for 

9 the prior fiscal year, which summarize— 

10 ‘‘(i) the operations and performance of 

11 commuter, intercity, and freight rail trans12 portation along the Northeast Corridor; and 

13 ‘‘(ii) the delivery of the capital plan 

14 described in section 24904.’’. 

15 (c) COST ALLOCATION POLICY.—Section 24905(c) is 

16 amended— 

17 (1) in the subsection heading, by striking ‘‘AC18 CESS COSTS’’ and inserting ‘‘ALLOCATION OF COSTS’’; 

19 (2) in paragraph (1)— 

20 (A) in the paragraph heading, by striking 

21 ‘‘FORMULA’’ and inserting ‘‘POLICY’’; 

22 (B) in the matter preceding subparagraph 

23 (A), by striking ‘‘Within 2 years after the date 

24 of enactment of the Passenger Rail Investment 


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1 and Improvement Act of 2008, the Commission’’ 

2 and inserting ‘‘The Commission’’; 

3 (C) in subparagraph (A), by striking ‘‘for4 mula’’ and inserting ‘‘policy’’; and 

5 (D) by striking subparagraph (B) through 

6 (D) and inserting the following: 

7 ‘‘(B) develop a proposed timetable for im8 plementing the policy; 

9 ‘‘(C) submit the policy and timetable devel10 oped under subparagraph (B) to the Surface 

11 Transportation Board, the Committee on Com12 merce, Science, and Transportation of the Sen13 ate, and the Committee on Transportation and 

14 Infrastructure of the House of Representatives; 

15 ‘‘(D) not later than October 1, 2015, adopt 

16 and implement the policy in accordance with the 

17 timetable; and 

18 ‘‘(E) with the consent of a majority of its 

19 members, the Commission may petition the Sur20 face Transportation Board to appoint a medi21 ator to assist the Commission members through 

22 nonbinding mediation to reach an agreement 

23 under this section.’’; 

24 (3) in paragraph (2)— 


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1 (A) by striking ‘‘formula proposed in’’ and 

2 inserting ‘‘policy developed under’’; and 

3 (B) in the second sentence— 

4 (i) by striking ‘‘the timetable, the Com5 mission shall petition the Surface Transpor6 tation Board to’’ and inserting ‘‘paragraph 

7 (1)(D) or fail to comply with the policy 

8 thereafter, the Surface Transportation 

9 Board shall’’; and 

10 (ii) by striking ‘‘amounts for such serv11 ices in accordance with section 24904(c) of 

12 this title’’ and inserting ‘‘for such usage in 

13 accordance with the procedures and proce14 dural schedule applicable to a proceeding 

15 under section 24903(c), after taking into 

16 consideration the policy developed under 

17 paragraph (1)(A), as applicable’’; 

18 (4) in paragraph (3), by striking ‘‘formula’’ and 

19 inserting ‘‘policy’’; and 

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

21 ‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If a 

22 dispute arises with the implementation of, or compli23 ance with, the policy developed under paragraph (1), 

24 the Commission, Amtrak, or public authorities pro25 viding commuter rail passenger transportation on the 


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1 Northeast Corridor may request that the Surface 

2 Transportation Board conduct dispute resolution. The 

3 Surface Transportation Board shall establish proce4 dures for resolution of disputes brought before it 

5 under this paragraph, which may include the provi6 sion of professional mediation services.’’. 

7 (d) CONFORMING AMENDMENTS.—Section 24905 is 

8 amended— 

9 (1) by striking subsection (d); 

10 (2) by redesignating subsections (e) and (f) as 

11 subsections (d) and (e), respectively; 

12 (3) in subsection (d), as redesignated, by striking 

13 ‘‘to the Commission such sums as may be necessary 

14 for the period encompassing fiscal years 2009 through 

15 2013 to carry out this section’’ and inserting ‘‘to the 

16 Secretary for the use of the Commission and the 

17 Northeast Corridor Safety Committee such sums as 

18 may be necessary to carry out this section during fis19 cal year 2016 through 2019, in addition to amounts 

20 withheld under section 5101(e) of the Rail Reform, 

21 Enhancement, and Efficiency Act’’; and 

22 (4) in subsection (e)(2), as redesignated, by strik23 ing ‘‘on the main line.’’ and inserting ‘‘on the main 

24 line and meet annually with the Commission on the 

25 topic of Northeast Corridor safety and security.’’. 


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1 (e) NORTHEAST CORRIDOR PLANNING.— 

2 (1) AMENDMENT.—Chapter 249 is amended— 

3 (A) by redesignating section 24904 as sec4 tion 24903; and 

5 (B) by inserting after section 24903, as re6 designated, the following: 

7 ‘‘§ 24904. Northeast Corridor planning 

8 ‘‘(a) NORTHEAST CORRIDOR CAPITAL INVESTMENT

9 PLAN.— 

10 ‘‘(1) REQUIREMENT.—Not later than May 1 of 

11 each year, the Northeast Corridor Commission estab12 lished under section 24905 (referred to in this section 

13 as the ‘Commission’) shall— 

14 ‘‘(A) develop a capital investment plan for 

15 the Northeast Corridor main line between Bos16 ton, Massachusetts, and the Virginia Avenue 

17 interlocking in the District of Columbia, and the 

18 Northeast Corridor branch lines connecting to 

19 Harrisburg, Pennsylvania, Springfield, Massa20 chusetts, and Spuyten Duyvil, New York, includ21 ing the facilities and services used to operate and 

22 maintain those lines; and 

23 ‘‘(B) submit the capital investment plan to 

24 the Secretary of Transportation and the Com25 mittee on Commerce, Science, and TransporVerDate Sep 11 2014 21:37 May 23, 2016 Jkt 059200 PO 00000 Frm 00875 Fmt 6652 Sfmt 6203 E:\BILLS\S1732.RS S1732

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1 tation of the Senate and the Committee on 

2 Transportation and Infrastructure of the House 

3 of Representatives. 

4 ‘‘(2) CONTENTS.—The capital investment plan 

5 shall— 

6 ‘‘(A) reflect coordination and network opti7 mization across the entire Northeast Corridor; 

8 ‘‘(B) integrate the individual capital and 

9 service plans developed by each operator using 

10 the methods described in the cost allocation pol11 icy developed under section 24905(c); 

12 ‘‘(C) cover a period of 5 fiscal years, begin13 ning with the first fiscal year after the date on 

14 which the plan is completed; 

15 ‘‘(D) notwithstanding section 24902(b), 

16 identify, prioritize, and phase the implementa17 tion of projects and programs to achieve the serv18 ice outcomes identified in the Northeast Corridor 

19 service development plan and the asset condition 

20 needs identified in the Northeast Corridor asset 

21 management plans, once available, and con22 sider— 

23 ‘‘(i) the benefits and costs of capital in24 vestments in the plan; 

25 ‘‘(ii) project and program readiness; 


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1 ‘‘(iii) the operational impacts; and 

2 ‘‘(iv) funding availability; 

3 ‘‘(E) categorize capital projects and pro4 grams as primarily associated with; 

5 ‘‘(i) normalized capital replacement 

6 and basic infrastructure renewals; 

7 ‘‘(ii) replacement or rehabilitation of 

8 major Northeast Corridor infrastructure as9 sets, including tunnels, bridges, stations, 

10 and other assets; 

11 ‘‘(iii) statutory, regulatory, or other 

12 legal mandates; 

13 ‘‘(iv) improvements to support service 

14 enhancements or growth; or 

15 ‘‘(v) strategic initiatives that will im16 prove overall operational performance or 

17 lower costs; 

18 ‘‘(F) identify capital projects and programs 

19 that are associated with more than 1 category 

20 described in subparagraph (E); 

21 ‘‘(G) describe the anticipated outcomes of 

22 each project or program, including an assess23 ment of— 


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1 ‘‘(i) the potential effect on passenger 

2 accessibility, operations, safety, reliability, 

3 and resiliency; 

4 ‘‘(ii) the ability of infrastructure own5 ers and operators to meet regulatory re6 quirements if the project or program is not 

7 funded; and 

8 ‘‘(iii) the benefits and costs; and 

9 ‘‘(H) include a financial plan. 

10 ‘‘(3) FINANCIAL PLAN.—The financial plan 

11 under paragraph (2)(H) shall— 

12 ‘‘(A) identify funding sources and financing 

13 methods; 

14 ‘‘(B) identify the expected allocated shares 

15 of costs pursuant to the cost allocation policy de16 veloped under section 24905(c); 

17 ‘‘(C) identify the projects and programs 

18 that the Commission expects will receive Federal 

19 financial assistance; and 

20 ‘‘(D) identify the eligible entity or entities 

21 that the Commission expects will receive the Fed22 eral financial assistance described under sub23 paragraph (C). 

24 ‘‘(b) FAILURE TO DEVELOP A CAPITAL INVESTMENT

25 PLAN.—If a capital investment plan has not been developed 


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1 by the Commission for a given fiscal year, then the funds 

2 assigned to the account established under section 24319(b) 

3 for that fiscal year may be spent only on— 

4 ‘‘(1) capital projects described in clause (i) or 

5 (iii) of subsection (a)(2)(E) of this section; or 

6 ‘‘(2) capital projects described in subsection 

7 (a)(2)(E)(iv) of this section that are for the sole ben8 efit of Amtrak. 

9 ‘‘(c) NORTHEAST CORRIDOR ASSET MANAGEMENT.— 

10 ‘‘(1) CONTENTS.—With regard to its infrastruc11 ture, Amtrak and each State and public transpor12 tation entity that owns infrastructure that supports 

13 or provides for intercity rail passenger transportation 

14 on the Northeast Corridor shall develop an asset man15 agement system and develop and update, as nec16 essary, a Northeast Corridor asset management plan 

17 for each service territory described in subsection (a) 

18 that— 

19 ‘‘(A) are consistent with the Federal Transit 

20 Administration process, as authorized under sec21 tion 5326, when implemented; and 

22 ‘‘(B) include, at a minimum— 

23 ‘‘(i) an inventory of all capital assets 

24 owned by the developer of the asset manage25 ment plan; 


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1 ‘‘(ii) an assessment of asset condition; 

2 ‘‘(iii) a description of the resources 

3 and processes necessary to bring or main4 tain those assets in a state of good repair, 

5 including decision-support tools and invest6 ment prioritization methods; and 

7 ‘‘(iv) a description of changes in asset 

8 condition since the previous version of the 

9 plan. 

10 ‘‘(2) TRANSMITTAL.—Each entity described in 

11 paragraph (1) shall transmit to the Commission— 

12 ‘‘(A) not later than 2 years after the date 

13 of enactment of the Rail Reform, Enhancement, 

14 and Efficiency Act, its Northeast Corridor asset 

15 management plan developed under paragraph 

16 (1); and 

17 ‘‘(B) at least biennial thereafter, an update 

18 to its Northeast Corridor asset management 

19 plan. 

20 ‘‘(d) NORTHEAST CORRIDOR SERVICE DEVELOPMENT

21 PLAN UPDATES.—Not less frequently than once every 10 

22 years, the Commission shall update the Northeast Corridor 

23 service development plan.’’. 

24 (2) CONFORMING AMENDMENTS.— 


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1 (A) NOTE AND MORTGAGE.—Section 

2 24907(a) is amended by striking ‘‘section 24904 

3 of this title’’ and inserting ‘‘section 24903’’. 

4 (B) TABLE OF CONTENTS AMENDMENT.— 

5 The table of contents for chapter 249 is amend6 ed— 

7 (i) by redesignating the item relating 

8 to section 24904 as relating to section 

9 24903; and 

10 (ii) by inserting after the item relating 

11 to section 24903, as redesignated, the fol12 lowing: 

‘‘24904. Northeast Corridor planning.’’. 

13 (3) REPEAL.—Section 211 of the Passenger Rail 

14 Investment and Improvement Act of 2008 (division B 

15 of Public Law 110–432; 49 U.S.C. 24902 note) is re16 pealed. 

17 SEC. 5309. NORTHEAST CORRIDOR THROUGH-TICKETING 

18 AND PROCUREMENT EFFICIENCIES. 

19 (a) THROUGH-TICKETING STUDY.— 

20 (1) IN GENERAL.—Not later than 3 years after 

21 the date of enactment of this Act, the Northeast Cor22 ridor Commission established under section 24905(a) 

23 of title 49, United States Code (referred to in this sec24 tion as the ‘‘Commission’’), in consultation with Am25 trak and the commuter rail passenger transportation 


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1 providers along the Northeast Corridor shall complete 

2 a study on the feasibility of and options for permit3 ting through-ticketing between Amtrak service and 

4 commuter rail services on the 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 Northeast 

11 Corridor; 

12 (B) consider and recommend technology, 

13 process, policy, or other options that would per14 mit through-ticketing to allow intercity and com15 muter rail passengers to purchase, in a single 

16 transaction, travel that utilizes Amtrak and con17 necting commuter rail services; 

18 (C) consider options to expand through19 ticketing to include local transit services; 

20 (D) summarize costs, benefits, opportunities, 

21 and impediments to developing such through22 ticketing options; and 

23 (E) develop a proposed methodology, includ24 ing cost and schedule estimates, for carrying out 


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1 a pilot program on through-ticketing on the 

2 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 and 

7 the Committee on Transportation and Infrastructure 

8 of the House of Representatives a report that in9 cludes— 

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 co16 operation with the Commission, Amtrak, and com17 muter rail transportation authorities on the Northeast 

18 Corridor shall complete a study of the potential bene19 fits resulting from Amtrak and such authorities un20 dertaking select joint procurements for common mate21 rials, assets, and equipment when expending Federal 

22 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 procure10 ments; 

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 regulations 

15 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 

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1 frastructure of the House of Representatives a report 

2 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 term 

7 ‘‘Northeast Corridor’’ means the Northeast Corridor main 

8 line between Boston, Massachusetts, and the Virginia Ave9 nue interlocking in the District of Columbia, and the North10 east Corridor branch lines connecting to Harrisburg, Penn11 sylvania, Springfield, Massachusetts, and Spuyten Duyvil, 

12 New York, including the facilities and services used to oper13 ate 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 passenger 

25 rail development programs; 


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1 (3) to determine limitations to the data used for 

2 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 wheth8 er the authorization of additional data collection for 

9 intercity passenger rail travel is warranted; and 

10 (7) to determine which entities will be respon11 sible for generating or collecting needed data. 

12 (b) BENEFIT-COST ANALYSIS.—Not later than 180 

13 days after the date of enactment of this Act, the Secretary 

14 shall enhance the usefulness of assessments of benefits and 

15 costs, for intercity passenger rail and freight rail projects— 

16 (1) by providing ongoing guidance and training 

17 on developing benefit and cost information for rail 

18 projects; 

19 (2) by providing more direct and consistent re20 quirements for assessing benefits and costs across 

21 transportation funding programs, including the ap22 propriate use of discount rates; 

23 (3) by requiring applicants to clearly commu24 nicate the methodology used to calculate the project 


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1 benefits and costs, including non-proprietary infor2 mation on— 

3 (A) assumptions underlying calculations; 

4 (B) strengths and limitations of data used; 

5 and 

6 (C) the level of uncertainty in estimates of 

7 project benefits and costs; and 

8 (4) by ensuring that applicants receive clear and 

9 consistent guidance on values to apply for key as10 sumptions used to estimate potential project benefits 

11 and costs. 

12 (c) CONFIDENTIAL DATA.—The Secretary shall protect 

13 sensitive or confidential to the greatest extent permitted by 

14 law. Nothing in this section shall require any entity to pro15 vide information to the Secretary in the absence of a vol16 untary agreement. 

17 SEC. 5311. DISASTER RELIEF. 

18 (a) MAJOR DISASTER ASSISTANCE PROGRAMS.—Sec19 tion 406(a) of the Robert T. Stafford Disaster Relief and 

20 Emergency Assistance Act (42 U.S.C. 5172(a)) is amend21 ed— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (A), by striking ‘‘and’’ 

24 at the end; 


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1 (B) in subparagraph (B), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(C) to entities that receive Federal Govern5 ment grants to provide critical services for the 

6 repair, restoration, reconstruction, or replace7 ment of infrastructure, facilities, and equipment 

8 that— 

9 ‘‘(i) are owned or operated for the pur10 poses of providing critical services; and 

11 ‘‘(ii) are damaged or destroyed by a 

12 major disaster.’’; and 

13 (2) in paragraph (3)(B)— 

14 (A) by striking ‘‘this paragraph’’ and in15 serting ‘‘this subsection’’; and 

16 (B) by inserting ‘‘transportation,’’ after 

17 ‘‘education,’’. 

18 (b) DEBRIS REMOVAL.—Section 407(a)(2) of such Act 

19 (42 U.S.C. 5173(a)(2)) is amended by inserting ‘‘entity that 

20 receives Federal Government grants to provide critical serv21 ices (as defined in section 5172(a)(3)(B))’’ after ‘‘govern22 ment’’. 

23 SEC. 5312. PERFORMANCE-BASED PROPOSALS. 

24 (a) SOLICITATION OF PROPOSALS.— 


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1 (1) IN GENERAL.—Not later than 30 days after 

2 the date of enactment of this Act, the Secretary shall 

3 issue a request for proposals for projects for the fi4 nancing, design, construction, operation, and mainte5 nance of an intercity passenger rail system, includ6 ing— 

7 (A) the Northeast Corridor; 

8 (B) the California Corridor; 

9 (C) the Empire Corridor; 

10 (D) the Pacific Northwest Corridor; 

11 (E) the South Central Corridor; 

12 (F) the Gulf Coast Corridor; 

13 (G) the Chicago Hub Network; 

14 (H) the Florida Corridor; 

15 (I) the Keystone Corridor; 

16 (J) the Northern New England Corridor; 

17 and 

18 (K) the Southeast Corridor. 

19 (2) SUBMISSION.—Proposals shall be submitted 

20 to the Secretary not later than 180 days after the 

21 publication of such request for proposals under para22 graph (1). 

23 (3) PERFORMANCE STANDARD.—Proposals sub24 mitted under paragraph (2) shall meet any standards 

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1 ing intercity passenger rail service, proposals shall 

2 also be designed to achieve a reduction of existing 

3 minimum intercity rail service trip times between the 

4 main corridor city pairs by a minimum of 25 per5 cent. In the case of a proposal submitted with respect 

6 to paragraph (1)(A), the proposal shall be designed to 

7 achieve a 2-hour or less express service between Wash8 ington, District of Columbia, and New York City, 

9 New York. 

10 (4) CONTENTS.—A proposal submitted under 

11 this subsection shall include— 

12 (A) the names and qualifications of the per13 sons submitting the proposal and the entities 

14 proposed to finance, design, construct, operate, 

15 and maintain the railroad, railroad equipment, 

16 and related facilities, stations, and infrastruc17 ture; 

18 (B) a detailed description of the proposed 

19 rail service, including possible routes, required 

20 infrastructure investments and improvements, 

21 equipment needs and type, train frequencies, 

22 peak and average operating speeds, and trip 

23 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, which 

5 maximize the usage of existing infrastructure to 

6 the extent possible, and the populations such sta7 tions 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 project; 

13 (G) a financing plan identifying— 

14 (i) projected revenue, and sources 

15 thereof; 

16 (ii) the amount of any requested public 

17 contribution toward the project, and pro18 posed sources; 

19 (iii) projected annual ridership projec20 tions for the first 10 years of operations; 

21 (iv) annual operations and capital 

22 costs; 

23 (v) the projected levels of capital in24 vestments required both initially and in 

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1 good-repair necessary to provide the ini2 tially proposed level of service or higher lev3 els of service; 

4 (vi) projected levels of private invest5 ment and sources thereof, including the 

6 identity of any person or entity that has 

7 made or is expected to make a commitment 

8 to provide or secure funding and the 

9 amount of such commitment; and 

10 (vii) projected funding for the full fair 

11 market compensation for any asset, prop12 erty right or interest, or service acquired 

13 from, owned, or held by a private person or 

14 Federal entity that would be acquired, im15 paired, or diminished in value as a result 

16 of a project, except as otherwise agreed to by 

17 the private person or entity; 

18 (H) a description of how the project would 

19 contribute to the development of the intercity 

20 passenger rail system and an intermodal plan 

21 describing how the system will facilitate conven22 ient travel connections with other transportation 

23 services; 

24 (I) a description of how the project will en25 sure compliance with Federal laws governing the 


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1 rights and status of employees associated with 

2 the route and service, including those specified in 

3 section 24405 of title 49, United States Code; 

4 (J) a description of how the design, con5 struction, implementation, and operation of the 

6 project will accommodate and allow for future 

7 growth of existing and projected intercity, com8 muter, and freight rail service; 

9 (K) a description of how the project would 

10 comply with Federal and State environmental 

11 laws and regulations, of what environmental im12 pacts would result from the project, and of how 

13 any adverse impacts would be mitigated; and 

14 (L) a description of the project’s impacts on 

15 highway and aviation congestion, energy con16 sumption, land use, and economic development 

17 in the service area. 

18 (b) DETERMINATION AND ESTABLISHMENT OF COM19 MISSIONS.—Not later than 90 days after receipt of the pro20 posals under subsection (a), the Secretary shall— 

21 (1) make a determination as to whether any such 

22 proposals— 

23 (A) contain the information required under 

24 paragraphs (3) and (4) of subsection (a); 


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1 (B) are sufficiently credible to warrant fur2 ther consideration; 

3 (C) are likely to result in a positive impact 

4 on the Nation’s transportation system; and 

5 (D) are cost-effective and in the public in6 terest; 

7 (2) establish a commission under subsection (c) 

8 for each corridor with 1 or more proposals that the 

9 Secretary determines satisfy the requirements of para10 graph (1); and 

11 (3) forward to each commission established 

12 under paragraph (2) the applicable proposals for re13 view and consideration. 

14 (c) COMMISSIONS.— 

15 (1) MEMBERS.—Each commission established 

16 under subsection (b)(2) shall include— 

17 (A) the governors of the affected States, or 

18 their respective designees; 

19 (B) mayors of appropriate municipalities 

20 with stops along the proposed corridor, or their 

21 respective designees; 

22 (C) a representative from each freight rail23 road carrier using the relevant corridor, if appli24 cable; 


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1 (D) a representative from each transit au2 thority using the relevant corridor, if applicable; 

3 (E) representatives of nonprofit employee 

4 labor organizations representing affected railroad 

5 employees; and 

6 (F) the President of Amtrak or his or her 

7 designee. 

8 (2) APPOINTMENT AND SELECTION.—The Sec9 retary shall appoint the members under paragraph 

10 (1). In selecting each commission’s members to fulfill 

11 the requirements under subparagraphs (B) and (E) of 

12 paragraph (1), the Secretary shall consult with the 

13 Chairperson and Ranking Member of the Committee 

14 on Commerce, Science, and Transportation of the 

15 Senate and of the Committee on Transportation and 

16 Infrastructure of the House of Representatives. 

17 (3) CHAIRPERSON AND VICE-CHAIRPERSON SE18 LECTION.—The Chairperson and Vice-Chairperson 

19 shall be elected from among members of each commis20 sion. 

21 (4) QUORUM AND VACANCY.— 

22 (A) QUORUM.—A majority of the members 

23 of each commission shall constitute a quorum. 

24 (B) VACANCY.—Any vacancy in each com25 mission shall not affect its powers and shall be 


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1 filled in the same manner in which the original 

2 appointment was made. 

3 (5) APPLICATION OF LAW.—Except where other4 wise provided by this section, the Federal Advisory 

5 Committee Act (5 U.S.C. App.) shall apply to each 

6 commission created under this section. 

7 (d) COMMISSION CONSIDERATION.— 

8 (1) IN GENERAL.—Each commission established 

9 under subsection (b)(2) shall be responsible for review10 ing the proposal or proposals forwarded to it under 

11 that subsection and not later than 90 days after the 

12 establishment of the commission, shall transmit to the 

13 Secretary a report, including— 

14 (A) a summary of each proposal received; 

15 (B) services to be provided under each pro16 posal, including projected ridership, revenues, 

17 and costs; 

18 (C) proposed public and private contribu19 tions for each proposal; 

20 (D) the advantages offered by the proposal 

21 over existing intercity passenger rail services; 

22 (E) public operating subsidies or assets 

23 needed for the proposed project; 

24 (F) possible risks to the public associated 

25 with the proposal, including risks associated 


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1 with project financing, implementation, comple2 tion, safety, and security; 

3 (G) a ranked list of the proposals rec4 ommended for further consideration under sub5 section (e) in accordance with each proposal’s 

6 projected positive impact on the Nation’s trans7 portation system; 

8 (H) an identification of any proposed Fed9 eral legislation that would facilitate implementa10 tion of the projects and Federal legislation that 

11 would be required to implement the projects; and 

12 (I) any other recommendations by the com13 mission concerning the proposed projects. 

14 (2) VERBAL PRESENTATION.—Proposers shall be 

15 given an opportunity to make a verbal presentation 

16 to the commission to explain their proposals. 

17 (3) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to the Sec19 retary for the use of each commission established 

20 under subsection (b)(2) such sums as are necessary to 

21 carry out this section. 

22 (e) SELECTION BY SECRETARY.— 

23 (1) IN GENERAL.—Not later than 60 days after 

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1 sions established under subsection (b)(2), the Sec2 retary shall— 

3 (A) review such proposals and select any 

4 proposal that provides substantial benefits to the 

5 public and the national transportation system, is 

6 cost-effective, offers significant advantages over 

7 existing services, and meets other relevant factors 

8 determined appropriate by the Secretary; and 

9 (B) submit to the Committee on Commerce, 

10 Science, and Transportation of the Senate and 

11 the Committee on Transportation and Infra12 structure of the House of Representatives a re13 port containing any proposal with respect to 

14 subsection (a)(1)(A) that is selected by the Sec15 retary under subparagraph (A) of this para16 graph, all the information regarding the pro17 posal provided to the Secretary under subsection 

18 (d), and any other information the Secretary 

19 considers relevant. 

20 (2) SUBSEQUENT REPORT.—Following the sub21 mission of the report under paragraph (1)(B), the 

22 Secretary shall submit to the Committee on Com23 merce, Science, and Transportation of the Senate and 

24 the Committee on Transportation and Infrastructure 

25 of the House of Representatives a report containing 


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1 any proposal with respect to subparagraphs (B) 

2 through (K) of subsection (a)(1) that are selected by 

3 the Secretary under paragraph (1) of this subsection, 

4 all the information regarding the proposal provided 

5 to the Secretary under subsection (d), and any other 

6 information the Secretary considers relevant. 

7 (3) LIMITATION ON REPORT SUBMISSION.—The 

8 report required under paragraph (2) shall not be sub9 mitted by the Secretary until the report submitted 

10 under paragraph (1)(B) has been considered through 

11 a hearing by the Committee on Commerce, Science, 

12 and Transportation of the Senate and the Committee 

13 on Transportation and Infrastructure of the House of 

14 Representatives on the report submitted under para15 graph (1)(B). 

16 (f) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.— 

17 No Federal agency may take any action to implement, es18 tablish, facilitate, or otherwise act upon any proposal sub19 mitted under this section, other than those actions specifi20 cally authorized by this section, without explicit statutory 

21 authority enacted after the date of enactment of this Act. 

22 (g) DEFINITIONS.—In this section: 

23 (1) INTERCITY PASSENGER RAIL.—The term 

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1 senger transportation as defined in section 24102 of 

2 title 49, United States Code. 

3 (2) STATE.—The term ‘‘State’’ means any of the 

4 50 States or the District of Columbia. 

5 SEC. 5313. AMTRAK INSPECTOR GENERAL. 

6 (a) AUTHORITY.— 

7 (1) IN GENERAL.—The Inspector General of Am8 trak shall have the authority available to other In9 spectors General, as necessary in carrying out the du10 ties specified in the Inspector General Act of 1978 (5 

11 U.S.C. App.), to investigate any alleged violation of 

12 sections 286, 287, 371, 641, 1001, 1002 and 1516 of 

13 title 18, United States Code. 

14 (2) AGENCY.—For purposes of sections 286, 287, 

15 371, 641, 1001, 1002, and 1516 of title 18, United 

16 States Code, Amtrak and the Amtrak Office of Inspec17 tor General, shall be considered a corporation in 

18 which the United States has a proprietary interest as 

19 set forth in section 6 of that title. 

20 (b) ASSESSMENT.—The Inspector General of Amtrak 

21 shall— 

22 (1) not later than 60 days after the date of en23 actment of this Act, initiate an assessment to deter24 mine whether current expenditures or procurements 

25 involving Amtrak’s fulfillment of the Americans with 


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1 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) uti2 lize competitive, market-driven provisions that are 

3 applicable throughout the entire term of such related 

4 expenditures or procurements; and 

5 (2) not later than 6 months after the date of en6 actment of this Act, transmit to the Committee on 

7 Commerce, Science, and Transportation of the Senate 

8 and the Committee on Transportation and Infrastruc9 ture of the House of Representatives the assessment 

10 under paragraph (1). 

11 (c) LIMITATION.—The authority provided by sub12 sections (a) and (b) shall be effective only with respect to 

13 a fiscal year for which Amtrak receives a Federal subsidy. 

14 SEC. 5314. MISCELLANEOUS PROVISIONS. 

15 (a) TITLE 49 AMENDMENTS.— 

16 (1) CONTINGENT INTEREST RECOVERIES.—Sec17 tion 22106(b) is amended by striking ‘‘interest there18 of’’ and inserting ‘‘interest thereon’’. 

19 (2) AUTHORITY.—Section 22702(b)(4) is amend20 ed by striking ‘‘5 years for reapproval by the Sec21 retary’’ and inserting ‘‘4 years for acceptance by the 

22 Secretary’’. 

23 (3) CONTENTS OF STATE RAIL PLANS.—Section 

24 22705(a) is amended by striking paragraph (12). 


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1 (4) MISSION.—Section 24101(b) is amended by 

2 striking ‘‘of subsection (d)’’ and inserting ‘‘set forth 

3 in subsection (c)’’. 

4 (5) TABLE OF CONTENTS AMENDMENT.—The 

5 table of contents for chapter 243 is amended by strik6 ing the item relating to section 24316 and inserting 

7 the following: 

‘‘24316. Plans to address the needs of families of passengers involved in rail passenger accidents.’’. 

8 (6) UPDATE.—Section 24305(f)(3) is amended 

9 by striking ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’. 

10 (7) AMTRAK.—Chapter 247 is amended— 

11 (A) in section 24702(a), by striking ‘‘not 

12 included in the national rail passenger transpor13 tation system’’; 

14 (B) in section 24706— 

15 (i) in subsection (a)— 

16 (I) in paragraph (1), by striking 

17 ‘‘a discontinuance under section 24704 

18 or or’’; and 

19 (II) in paragraph (2), by striking 

20 ‘‘section 24704 or’’; and 

21 (ii) in subsection (b), by striking ‘‘sec22 tion 24704 or’’; and 

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1 eral,’’ and inserting ‘‘The Secretary of Homeland 

2 Security,’’. 

3 (b) PASSENGER RAIL INVESTMENT AND IMPROVEMENT

4 ACT AMENDMENTS.—Section 305(a) of the Passenger Rail 

5 Investment and Improvement Act of 2008 (49 U.S.C. 24101 

6 note) is amended by inserting ‘‘nonprofit organizations rep7 resenting employees who perform overhaul and mainte8 nance of passenger railroad equipment,’’ after ‘‘equipment 

9 manufacturers,’’. 

10 Subtitle D—Rail Safety 

11 PART I—SAFETY IMPROVEMENT 

12 SEC. 5401. HIGHWAY-RAIL GRADE CROSSING SAFETY. 

13 (a) MODEL STATE HIGHWAY-RAIL GRADE CROSSING

14 ACTION PLAN.— 

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

16 the date of enactment of this Act, the Secretary shall 

17 develop a model of a State-specific highway-rail grade 

18 crossing action plan and distribute the model plan to 

19 each State. 

20 (2) CONTENTS.—The plan developed under para21 graph (1) shall include— 

22 (A) methodologies, tools, and data sources 

23 for identifying and evaluating highway-rail 

24 grade crossing safety risks, including the public 


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1 safety risks posed by blocked highway-rail grade 

2 crossings due to idling trains; 

3 (B) best practices to reduce the risk of high4 way-rail grade crossing accidents or incidents 

5 and to alleviate the blockage of highway-rail 

6 grade crossings due to idling trains, including 

7 strategies for— 

8 (i) education, including model stake9 holder engagement plans or tools; 

10 (ii) engineering, including the benefits 

11 and costs of different designs and tech12 nologies used to mitigate highway-rail 

13 grade crossing safety risks; and 

14 (iii) enforcement, including the 

15 strengths and weaknesses associated with 

16 different enforcement methods; 

17 (C) for each State, a customized list and 

18 data set of the highway-rail grade crossing acci19 dents or incidents in that State over the past 3 

20 years, including the location, number of deaths, 

21 and number of injuries for each accident or inci22 dent; and 

23 (D) contact information of a Department of 

24 Transportation safety official available to assist 


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1 the State in adapting the model plan to satisfy 

2 the requirements under subsection (b). 

3 (b) STATE HIGHWAY-RAIL GRADE CROSSING ACTION

4 PLANS.— 

5 (1) REQUIREMENTS.—Not later than 18 months 

6 after the Secretary develops and distributes the model 

7 plan under subsection (a), the Secretary shall promul8 gate a rule that requires— 

9 (A) each State, except the 10 States identi10 fied under section 202 of the Rail Safety Im11 provement Act of 2008 (49 U.S.C. 22501 note), 

12 to develop and implement a State highway-rail 

13 grade crossing action plan; and 

14 (B) each State that was identified under 

15 section 202 of the Rail Safety Improvement Act 

16 of 2008 (49 U.S.C. 22501 note), to update its 

17 State action plan under that section and submit 

18 to the Secretary the updated State action plan 

19 and a report describing what the State did to 

20 implement its previous State action plan under 

21 that section and how it will continue to reduce 

22 highway-rail grade crossing safety risks. 

23 (2) CONTENTS.—Each State plan required under 

24 this subsection shall— 


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1 (A) identify highway-rail grade crossings 

2 that have experienced recent highway-rail grade 

3 crossing accidents or incidents, or are at high4 risk for accidents or incidents; 

5 (B) identify specific strategies for improv6 ing safety at highway-rail grade crossings, in7 cluding highway-rail grade crossing closures or 

8 grade separations; and 

9 (C) designate a State official responsible for 

10 managing implementation of the State plan 

11 under subparagraph (A) or (B) of paragraph 

12 (1), as applicable. 

13 (3) ASSISTANCE.—The Secretary shall provide 

14 assistance to each State in developing and carrying 

15 out, as appropriate, the State plan under this sub16 section. 

17 (4) PUBLIC AVAILABILITY.—Each State shall 

18 submit its final State plan under this subsection to 

19 the Secretary for publication. The Secretary shall 

20 make each approved State plan publicly available on 

21 an official Internet Web site. 

22 (5) CONDITIONS.—The Secretary may condition 

23 the awarding of a grant to a State under chapter 244 

24 of title 49, United States Code, on that State submit25 ting an acceptable State plan under this subsection. 


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1 (6) REVIEW OF ACTION PLANS.—Not later than 

2 60 days after the date of receipt of a State plan under 

3 this subsection, the Secretary shall— 

4 (A) if the State plan is approved, notify the 

5 State and publish the State plan under para6 graph (4); and 

7 (B) if the State plan is incomplete or defi8 cient, notify the State of the specific areas in 

9 which the plan is deficient and allow the State 

10 to complete the plan or correct the deficiencies 

11 and resubmit the plan under paragraph (1). 

12 (7) DEADLINE.—Not later than 60 days after the 

13 date of a notice under paragraph (6)(B), a State shall 

14 complete the plan or correct the deficiencies and re15 submit the plan. 

16 (8) FAILURE TO COMPLETE OR CORRECT

17 PLAN.—If a State fails to meet the deadline under 

18 paragraph (7), the Secretary shall post on the Web 

19 site under paragraph (4) a notice that the State has 

20 an incomplete or deficient highway-rail grade cross21 ing action plan. 

22 (c) RAILWAY-HIGHWAY CROSSINGS FUNDS.—The Sec23 retary may use funds made available to carry out section 

24 130 of title 23, United States Code, to provide States with 

25 funds to develop a State highway-rail grade crossing action 


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1 plan under subsection (b)(1)(A) of this section or to update 

2 a State action plan under subsection (b)(1)(B) of this sec3 tion. 

4 (d) DEFINITIONS.—In this section: 

5 (1) HIGHWAY-RAIL GRADE CROSSING.—The term 

6 ‘‘highway-rail grade crossing’’ means a location with7 in a State, other than a location where 1 or more 

8 railroad tracks cross 1 or more railroad tracks at 

9 grade where— 

10 (A) a public highway, road, or street, or a 

11 private roadway, including associated sidewalks 

12 and pathways, crosses 1 or more railroad tracks 

13 either at grade or grade-separated; or 

14 (B) a pathway explicitly authorized by a 

15 public authority or a railroad carrier that is 

16 dedicated for the use of non-vehicular traffic, in17 cluding pedestrians, bicyclists, and others, that is 

18 not associated with a public highway, road, or 

19 street, or a private roadway, crosses 1 or more 

20 railroad tracks either at grade or grade-sepa21 rated. 

22 (2) STATE.—The term ‘‘State’’ means a State of 

23 the United States or the District of Columbia. 


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1 SEC. 5402. CONFIDENTIAL CLOSE CALL REPORTING SYS2 TEM. 

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

4 date of enactment of this Act, the Secretary shall promul5 gate a rule to encourage and facilitate the voluntary par6 ticipation of railroad carriers, railroad carrier contractors, 

7 and employees of railroad carriers or railroad carrier con8 tractors (including any non-profit labor organizations rep9 resenting a class or craft of directly affected employees of 

10 railroads carriers or railroad carrier contractors) in a con11 fidential close call reporting system. 

12 (b) PROGRAM ELEMENTS.— 

13 (1) IN GENERAL.—The Secretary shall use any 

14 information and experience gathered through research 

15 and pilot programs on confidential close call report16 ing systems in developing a rule for the voluntary 

17 adoption of confidential close call reporting system 

18 programs under this section. 

19 (2) RULEMAKING.— 

20 (A) IN GENERAL.—Each confidential close 

21 call reporting system program shall be designed 

22 to improve railroad safety by facilitating greater 

23 collection and analysis of reports that describe 

24 unsafe conditions and events in the railroad in25 dustry, as reported voluntarily and confiden26 tially by employees. 


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1 (B) REQUIREMENTS.—The rule shall speci2 fy— 

3 (i) the use of independent third parties 

4 for the collection of close call reports, de5 identification of data, and distribution of 

6 close call data; 

7 (ii) the criteria for participating vol8 untarily in the confidential close call re9 porting system; 

10 (iii) the criteria for accepting con11 fidential close call reports; 

12 (iv) the appropriate use and protec13 tion, including the information protections 

14 described in subsection (d), of peer review 

15 teams and participation of the Secretary’s 

16 representatives; 

17 (v) the relief from specific railroad 

18 safety regulatory provisions and the condi19 tions under which the relief will and will 

20 not be granted; and 

21 (vi) the appropriate use and protec22 tion, including the information protections 

23 described in subsection (d), of confidential 

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1 tion in the confidential close call reporting 

2 system. 

3 (c) PROGRAM DEVELOPMENT.— 

4 (1) IN GENERAL.—A railroad carrier voluntarily 

5 participating in a confidential close call reporting 

6 system program, pursuant to program elements con7 tained in the final rule promulgated under subsection 

8 (b) and in collaboration with the Secretary, railroad 

9 carrier contractors (as appropriate), and employees of 

10 railroad carriers or railroad carrier contractors (in11 cluding any non-profit labor organization rep12 resenting a class or craft of directly affected employees 

13 of railroad carriers or railroad carrier contractors), 

14 shall develop an implementing memorandum of un15 derstanding that establishes agreed-upon terms for 

16 participation in the confidential close call reporting 

17 system. 

18 (2) SIGNATURES REQUIRED.—An implementing 

19 memorandum of understanding under paragraph (1) 

20 shall be signed by— 

21 (A) the Secretary or the Secretary’s des22 ignee; 

23 (B) the participating railroad carrier or the 

24 representative thereof; 


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1 (C) if appropriate, each participating rail2 road carrier contractor or the representative 

3 thereof; and 

4 (D) the participating employees and con5 tractors or the representative thereof (such as 1 

6 or more non-profit labor organizations rep7 resenting a class or craft of directly affected em8 ployees of the railroad carrier or railroad carrier 

9 contractor). 

10 (d) INFORMATION PROTECTION.— 

11 (1) IN GENERAL.—For a confidential close call 

12 reporting system program established through an im13 plementing memorandum of understanding described 

14 in subsection (c), the rule shall include provisions 

15 that withhold from discovery or admission into evi16 dence (in a Federal or State court proceeding for 

17 damages involving personal injury, wrongful death, 

18 or property damage against a railroad carrier or 

19 railroad carrier contractor) any plan, document, re20 port, survey, schedule, list, or data compiled or col21 lected for the sole purpose of developing, evaluating, 

22 planning, or implementing a confidential close call 

23 reporting system program, including a railroad car24 rier’s analysis of its close calls or near misses. 


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1 (2) RETROACTIVE APPLICATIONS.—With regard 

2 to a voluntary confidential close call reporting system 

3 that was in effect prior to the date of final rule under 

4 subsection (a), the Secretary— 

5 (A) shall allow the parties participating in 

6 that system to sign a new or revised imple7 menting memorandum of understanding that 

8 prospectively entitles the parties to the informa9 tion protections under paragraph (1); and 

10 (B) may retroactively apply the informa11 tion protections under paragraph (1) to any in12 formation and analyses that was generated 

13 under that system prior to the date of the final 

14 rule. 

15 (3) CONFIDENTIALITY.—For a confidential close 

16 call reporting system program established through an 

17 implementing memorandum of understanding de18 scribed in subsection (c), the Secretary shall ensure 

19 that the Department of Transportation and any enti20 ty collecting close call reports, de-identifying data, or 

21 distributing close call data provide the same level of 

22 confidentiality as contained in the Confidential Infor23 mation Protection and Statistical Efficiency Act of 

24 2002 (44 U.S.C. 3501 note), as administered by the 

25 Bureau of Transportation Statistics. 


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1 (e) SAVINGS CLAUSE.—Nothing in this section shall— 

2 (1) require a railroad carrier to adopt a con3 fidential close call reporting system program; 

4 (2) prohibit a railroad carrier from voluntarily 

5 adopting a confidential close call reporting system 

6 program outside of the rulemaking framework; and 

7 (3) require the Secretary to develop a confiden8 tial close call reporting system program with a rail9 road carrier, a railroad carrier contractor, employees 

10 of the railroad carrier or railroad carrier contractor, 

11 or any non-profit labor organizations representing a 

12 class or craft of employees of a railroad carrier or a 

13 railroad carrier contractor. 

14 (f) DEFINITION OF RAILROAD CARRIER.—In this sec15 tion, the term ‘‘railroad carrier’’ has the meaning given the 

16 term in section 20102 of title 49, United States Code. 

17 (g) ADDITIONAL INFORMATION PROTECTIONS.—Sec18 tion 20118 is amended— 

19 (1) in subsection (a)— 

20 (A) in the matter preceding paragraph 

21 (1)— 

22 (i) by inserting ‘‘, confidential close 

23 call reporting system program,’’ after ‘‘safe24 ty risk reduction program’’; and 


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1 (ii) by inserting ‘‘pursuant to section 

2 552(b)(3) of that title,’’ after ‘‘section 552 of 

3 title 5’’; 

4 (B) in paragraph (1), by inserting ‘‘, con5 fidential close call reporting system program,’’ 

6 after ‘‘safety risk reduction program’’; and 

7 (C) in paragraph (2), by inserting ‘‘, con8 fidential close call reporting system program,’’ 

9 after ‘‘safety risk reduction program’’; 

10 (2) in subsection (b), by inserting ‘‘, confidential 

11 close call reporting system program,’’ after ‘‘safety 

12 risk reduction program’’; and 

13 (3) in subsection (c), by inserting ‘‘, of any in14 formation or analyses generated as part of a confiden15 tial close call reporting system program,’’ after ‘‘risk 

16 mitigation analyses’’. 

17 SEC. 5403. SPEED LIMIT ACTION PLANS. 

18 (a) IN GENERAL.—Not later than 90 days after the 

19 date of enactment of this Act, each railroad carrier pro20 viding intercity rail passenger transportation or commuter 

21 rail passenger transportation, in consultation with any ap22 plicable host railroad carrier, shall survey its entire system 

23 and identify each main track location where there is a re24 duction of more than 20 miles per hour from the approach 


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1 speed to a curve or bridge and the maximum authorized 

2 operating speed for passenger trains at that curve or bridge. 

3 (b) ACTION PLANS.—Not later than 120 days after the 

4 date that the survey under subsection (a) is complete, a rail 

5 passenger carrier shall submit to the Secretary an action 

6 plan that— 

7 (1) identifies each main track location where 

8 there is a reduction of more than 20 miles per hour 

9 from the approach speed to a curve or bridge and the 

10 maximum authorized operating speed for passenger 

11 trains at that curve or bridge; 

12 (2) describes appropriate actions, including 

13 modification to automatic train control systems, if 

14 applicable, other signal systems, increased crew size, 

15 improved signage, or other practices, including in16 creased crew communication, to enable warning and 

17 enforcement of the maximum authorized speed for 

18 passenger trains at each location identified under 

19 paragraph (1); 

20 (3) contains milestones and target dates for im21 plementing each appropriate action described under 

22 paragraph (2); and 

23 (4) ensures compliance with the maximum au24 thorized speed at each location identified under para25 graph (1). 


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1 (c) APPROVAL.—Not later than 90 days after the date 

2 an action plan is submitted under subsection (a), the Sec3 retary shall approve, approve with conditions, or dis4 approve the action plan. 

5 (d) ALTERNATIVE SAFETY MEASURES.—The Secretary 

6 may exempt from the requirements of this section each seg7 ment of track for which operations are governed by a posi8 tive train control system certified under section 20157 of 

9 title 49, United States Code, or any other safety technology 

10 or practice that would achieve an equivalent or greater level 

11 of safety in reducing derailment risk. 

12 (e) REPORT.—Not later than 6 months after the date 

13 of the enactment of this Act, the Secretary shall submit a 

14 report to the Committee on Commerce, Science, and Trans15 portation of the Senate and the Committee on Transpor16 tation and Infrastructure of the House of Representatives 

17 that describes— 

18 (1) the actions the railroad carriers have taken 

19 in response to Safety Advisory 2013–08, entitled 

20 ‘‘Operational Tests and Inspections for Compliance 

21 With Maximum Authorized Train Speeds and Other 

22 Speed Restrictions’’; 

23 (2) the actions the railroad carriers have taken 

24 in response to Safety Advisory 2015–03, entitled 

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1 ance with Maximum Authorized Passenger Train 

2 Speeds and Other Speed Restrictions’’; and 

3 (3) the actions the Federal Railroad Administra4 tion has taken to evaluate or incorporate the informa5 tion and findings arising from the safety advisories 

6 referred to in paragraphs (1) and (2) into the devel7 opment of regulatory action and oversight activities. 

8 (f) SAVINGS CLAUSE.—Nothing in this section shall 

9 prohibit the Secretary from applying the requirements of 

10 this section to other segments of track at high risk of over11 speed derailment. 

12 SEC. 5404. SIGNAGE. 

13 (a) IN GENERAL.—The Secretary shall promulgate 

14 such regulations as the Secretary considers necessary to re15 quire each railroad carrier providing intercity rail pas16 senger transportation or commuter rail passenger transpor17 tation, in consultation with any applicable host railroad 

18 carrier, to install signs to warn train crews before the train 

19 approaches a location that the Secretary identifies as hav20 ing high risk of overspeed derailment. 

21 (b) ALTERNATIVE SAFETY MEASURES.—The Secretary 

22 may exempt from the requirements of this section each seg23 ment of track for which operations are governed by a posi24 tive train control system certified under section 20157 of 

25 title 49, United States Code, or any other safety technology 


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1 or practice that would achieve an equivalent or greater level 

2 of safety in reducing derailment risk. 

3 SEC. 5405. ALERTERS. 

4 (a) IN GENERAL.—The Secretary shall promulgate a 

5 rule to require a working alerter in the controlling loco6 motive of each passenger train in intercity rail passenger 

7 transportation (as defined in section 24102 of title 49, 

8 United States Code) or commuter rail passenger transpor9 tation (as defined in section 24102 of title 49, United States 

10 Code). 

11 (b) RULEMAKING.— 

12 (1) IN GENERAL.—The Secretary may promul13 gate a rule to specify the essential functionalities of 

14 a working alerter, including the manner in which the 

15 alerter can be reset. 

16 (2) ALTERNATE PRACTICE OR TECHNOLOGY.— 

17 The Secretary may require or allow a technology or 

18 practice in lieu of a working alerter if the Secretary 

19 determines that the technology or practice would 

20 achieve an equivalent or greater level of safety in en21 hancing or ensuring appropriate locomotive control. 

22 SEC. 5406. SIGNAL PROTECTION. 

23 (a) IN GENERAL.—The Secretary shall promulgate 

24 regulations to require, not later than 18 months after the 

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1 lations, whenever practicable and consistent with other safe2 ty requirements and operational considerations, include re3 quiring implementation of redundant signal protection, 

4 such as shunting or other practices and technologies that 

5 achieve an equivalent or greater level of safety, for mainte6 nance-of-way work crews who depend on a train dispatcher 

7 to provide signal protection. 

8 (b) ALTERNATIVE SAFETY MEASURES.—The Secretary 

9 may exempt from the requirements of this section each seg10 ment of track for which operations are governed by a posi11 tive train control system certified under section 20157 of 

12 title 49, United States Code, or any other safety technology 

13 or practice that would achieve an equivalent or greater level 

14 of safety in providing additional signal protection. 

15 SEC. 5407. TECHNOLOGY IMPLEMENTATION PLANS. 

16 Section 20156(e) is amended— 

17 (1) in paragraph (4)— 

18 (A) in subparagraph (A), by striking ‘‘and’’ 

19 at the end; and 

20 (B) in subparagraph (B), by striking the 

21 period at the end and inserting ‘‘; and’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(C) each railroad carrier required to sub24 mit such a plan, until the implementation of a 

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1 rier, shall analyze and, as appropriate, 

2 prioritize technologies and practices to mitigate 

3 the risk of overspeed derailments.’’. 

4 SEC. 5408. COMMUTER RAIL TRACK INSPECTIONS. 

5 (a) IN GENERAL.—The Secretary shall evaluate track 

6 inspection regulations to determine if a railroad carrier 

7 providing commuter rail passenger transportation on high 

8 density commuter railroad lines should be required to in9 spect the lines in the same manner as currently required 

10 for other commuter railroad lines. 

11 (b) RULEMAKING.—Considering safety, including rail12 road carrier employee and contractor safety, and system ca13 pacity, the Secretary may promulgate a rule for high den14 sity commuter railroad lines. If, after the evaluation under 

15 subsection (a), the Secretary determines that it is necessary 

16 to promulgate a rule, the Secretary shall specifically con17 sider the following regulatory requirements for high density 

18 commuter railroad lines: 

19 (1) At least once every 2 weeks— 

20 (A) traverse each main line by vehicle; or 

21 (B) inspect each main line on foot. 

22 (2) At least once each month, traverse and in23 spect each siding by vehicle or by foot. 

24 (c) REPORT.—If, after the evaluation under subsection 

25 (a), the Secretary determines it is not necessary to revise 


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1 the regulations under this section, the Secretary, not later 

2 than 18 months after the date of enactment of this Act, shall 

3 transmit a report to the Committee on Commerce, Science, 

4 and Transportation of the Senate and the Committee on 

5 Transportation and Infrastructure of the House of Rep6 resentatives explaining the reasons for not revising the regu7 lations. 

8 (d) CONSTRUCTION.—Nothing in this section may be 

9 construed to limit the authority of the Secretary to promul10 gate regulations or issue orders under any other law. 

11 SEC. 5409. EMERGENCY RESPONSE. 

12 (a) IN GENERAL.—The Secretary, in consultation with 

13 railroad carriers, shall conduct a study to determine wheth14 er limitations or weaknesses exist in the emergency response 

15 information carried by train crews transporting hazardous 

16 materials. 

17 (b) CONTENTS.—In conducting the study under sub18 section (a), the Secretary shall evaluate the differences be19 tween the emergency response information carried by train 

20 crews transporting hazardous materials and the emergency 

21 response guidance provided in the Emergency Response 

22 Guidebook issued by the Department of Transportation. 

23 (c) REPORT.—Not later than 1 year after the date of 

24 enactment of this Act, the Secretary shall transmit to the 

25 Committee on Commerce, Science, and Transportation of 


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1 the Senate and the Committee on Transportation and In2 frastructure of the House of Representatives a report of the 

3 findings of the study under subsection (a) and any rec4 ommendations for legislative action. 

5 SEC. 5410. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS. 

6 (a) IN GENERAL.—The Secretary, in consultation with 

7 railroad carriers, shall conduct a study— 

8 (1) to determine whether limitations or weak9 nesses exist regarding the availability and usefulness 

10 for safety purposes of data on private highway-rail 

11 grade crossings; and 

12 (2) to evaluate existing engineering practices on 

13 private highway-rail grade crossings. 

14 (b) CONTENTS.—In conducting the study under sub15 section (a), the Secretary shall make recommendations as 

16 necessary to improve— 

17 (1) the utility of the data on private highway18 rail grade crossings; and 

19 (2) the implementation of private highway-rail 

20 crossing safety measures, including signage and 

21 warning systems. 

22 (c) REPORT.—Not later than 1 year after the date of 

23 enactment of this Act, the Secretary shall transmit to the 

24 Committee on Commerce, Science, and Transportation of 

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1 frastructure of the House of Representatives a report of the 

2 findings of the study and any recommendations for further 

3 action. 

4 SEC. 5411. REPAIR AND REPLACEMENT OF DAMAGED TRACK 

5 INSPECTION EQUIPMENT. 

6 (a) IN GENERAL.—Subchapter I of chapter 201 is 

7 amended by inserting after section 20120 the following: 

8 ‘‘§ 20121. Repair and replacement of damaged track 

9 inspection equipment 

10 ‘‘The Secretary of Transportation may receive and ex11 pend cash, or receive and utilize spare parts and similar 

12 items, from non-United States Government sources to re13 pair damages to or replace United States Government 

14 owned automated track inspection cars and equipment as 

15 a result of third-party liability for such damages, and any 

16 amounts collected under this section shall be credited di17 rectly to the Railroad Safety and Operations account of the 

18 Federal Railroad Administration, and shall remain avail19 able until expended for the repair, operation, and mainte20 nance of automated track inspection cars and equipment 

21 in connection with the automated track inspection pro22 gram.’’. 

23 (b) CONFORMING AMENDMENT.—The table of contents 

24 for subchapter I of chapter 201 is amended by adding after 

25 section 21020 the following: 

‘‘20121. Repair and replacement of damaged track inspection equipment.’’. 


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1 SEC. 5412. RAIL POLICE OFFICERS. 

2 (a) IN GENERAL.—Section 28101 is amended— 

3 (1) by striking ‘‘employed by’’ each place it ap4 pears and inserting ‘‘directly employed by or con5 tracted by’’; 

6 (2) in subsection (b), by inserting ‘‘or agent, as 

7 applicable,’’ after ‘‘an employee’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(c) TRANSFERS.— 

10 ‘‘(1) IN GENERAL.—If a railroad police officer 

11 directly employed by or contracted by a rail carrier 

12 and certified or commissioned as a police officer 

13 under the laws of a State transfers primary employ14 ment or residence from the certifying or commis15 sioning State to another State or jurisdiction, the 

16 railroad police officer, not later than 1 year after the 

17 date of transfer, shall apply to be certified or commis18 sioned as a police office under the laws of the State 

19 of new primary employment or residence. 

20 ‘‘(2) INTERIM PERIOD.—During the period be21 ginning on the date of transfer and ending 1 year 

22 after the date of transfer, a railroad police officer di23 rectly employed by or contracted by a rail carrier 

24 and certified or commissioned as a police officer 

25 under the laws of a State may enforce the laws of the 

26 new jurisdiction in which the railroad police officer 


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1 resides, to the same extent as provided in subsection 

2 (a). 

3 ‘‘(d) TRAINING.— 

4 ‘‘(1) IN GENERAL.—A State shall recognize as 

5 meeting that State’s basic police officer certification 

6 or commissioning requirements for qualification as a 

7 rail police officer under this section any individual 

8 who successfully completes a program at a State-rec9 ognized police training academy in another State or 

10 at a Federal law enforcement training center and who 

11 is certified or commissioned as a police officer by that 

12 other State. 

13 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

14 subsection shall be construed as superseding or affect15 ing any unique State training requirements related to 

16 criminal law, criminal procedure, motor vehicle code, 

17 or State-mandated comparative or annual in-service 

18 training academy or Federal law enforcement train19 ing center.’’. 

20 (b) REGULATIONS.—Not later than 1 year after the 

21 date of enactment of this Act, the Secretary shall revise the 

22 regulations in part 207 of title 49, Code of Federal Regula23 tions (relating to railroad police officers), to permit a rail24 road to designate an individual, who is commissioned in 

25 the individual’s State of legal residence or State of primary 


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1 employment and directly employed by or contracted by a 

2 railroad to enforce State laws for the protection of railroad 

3 property, personnel, passengers, and cargo, to serve in the 

4 States in which the railroad owns property. 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) AMTRAK RAIL POLICE.—Section 24305(e) is 

7 amended— 

8 (A) by striking ‘‘may employ’’ and insert9 ing ‘‘may directly employ or contract with’’; 

10 (B) by striking ‘‘employed by’’ and insert11 ing ‘‘directly employed by or contracted by’’; and 

12 (C) by striking ‘‘employed without’’ and in13 serting ‘‘directly employed or contracted with14 out’’. 

15 (2) SECURE GUN STORAGE OR SAFETY DEVICE; 

16 EXCEPTIONS.—Section 922(z)(2)(B) of title 18 is 

17 amended by striking ‘‘employed by’’ and inserting 

18 ‘‘directly employed by or contracted by’’. 

19 SEC. 5413. OPERATION DEEP DIVE; REPORT. 

20 (a) PROGRESS REPORTS.—Not later than 60 days 

21 after the date of the enactment of this Act, and quarterly 

22 thereafter until the completion date, the Administrator of 

23 the Federal Railroad Administration shall submit a report 

24 to the Committee on Commerce, Science, and Transpor25 tation of the Senate and the Committee on Transportation 


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1 and Infrastructure of the House of Representatives that de2 scribes the progress of Metro-North Commuter Railroad in 

3 implementing the directives and recommendations issued by 

4 the Federal Railroad Administration in its March 2014 re5 port to Congress titled ‘‘Operation Deep Dive Metro-North 

6 Commuter Railroad Safety Assessment’’. 

7 (b) FINAL REPORT.—Not later than 30 days after the 

8 completion date, the Administrator of the Federal Railroad 

9 Administration shall submit a final report on the directives 

10 and recommendations to Congress. 

11 (c) DEFINED TERM.—In this section, the term ‘‘com12 pletion date’’ means the date on which Metro-North Com13 muter Railroad has completed all of the directives and rec14 ommendations referred to in subsection (a). 

15 SEC. 5414. POST-ACCIDENT ASSESSMENT. 

16 (a) IN GENERAL.—The Secretary of Transportation, 

17 in cooperation with the National Transportation Safety 

18 Board and the National Railroad Passenger Corporation 

19 (referred to in this section as ‘‘Amtrak’’), shall conduct a 

20 post-accident assessment of the Amtrak Northeast Regional 

21 Train #188 crash on May 12, 2015. 

22 (b) ELEMENTS.—The assessment conducted pursuant 

23 to subsection (a) shall include— 

24 (1) a review of Amtrak’s compliance with the 

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1 sengers involved in any rail passenger accident, 

2 which was submitted pursuant to section 24316 of 

3 title 49, United States Code; 

4 (2) a review of Amtrak’s compliance with the 

5 emergency preparedness plan required under section 

6 239.101(a) of title 49, Code of Federal Regulations; 

7 (3) a determination of any additional action 

8 items that should be included in the plans referred to 

9 in paragraphs (1) and (2) to meet the needs of the 

10 passengers involved in the crash and their families, 

11 including— 

12 (A) notification of emergency contacts; 

13 (B) dedicated and trained staff to manage 

14 family assistance; 

15 (C) the establishment of a family assistance 

16 center at the accident locale or other appropriate 

17 location; 

18 (D) a system for identifying and recovering 

19 items belonging to passengers that were lost in 

20 the crash; and 

21 (E) the establishment of a single customer 

22 service entity within Amtrak to coordinate the 

23 response to the needs of the passengers involved 

24 in the crash and their families; 


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1 (4) recommendations for any additional training 

2 needed by Amtrak staff to better implement the plans 

3 referred to in paragraphs (1) and (2), including the 

4 establishment of a regular schedule for training drills 

5 and exercises. 

6 (c) REPORT TO CONGRESS.—Not later than 1 year 

7 after the date of the enactment of this Act, Amtrak shall 

8 submit a report to the Committee on Commerce, Science, 

9 and Transportation of the Senate and the Committee on 

10 Transportation and Infrastructure of the House of Rep11 resentatives that describes— 

12 (1) its plan to achieve the recommendations re13 ferred to in subsection (b)(4); and 

14 (2) steps that have been taken to address any de15 ficiencies identified through the assessment. 

16 SEC. 5415. TECHNICAL AND CONFORMING AMENDMENTS. 

17 (a) ASSISTANCE TO FAMILIES OF PASSENGERS IN18 VOLVED IN RAIL PASSENGER ACCIDENTS.—Section 1139 is 

19 amended— 

20 (1) in subsection (a)(1), by striking ‘‘phone num21 ber’’ and inserting ‘‘telephone number’’; 

22 (2) in subsection (a)(2), by striking ‘‘post trau23 ma communication with families’’ and inserting 

24 ‘‘post-trauma communication with families’’; and 


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1 (3) in subsection (j), by striking ‘‘railroad pas2 senger accident’’ each place it appears and inserting 

3 ‘‘rail passenger accident’’. 

4 (b) SOLID WASTE RAIL TRANSFER FACILITY LAND5 USE EXEMPTION.—Section 10909 is amended— 

6 (1) in subsection (b), in the matter preceding 

7 paragraph (1), by striking ‘‘Clean Railroad Act of 

8 2008’’ and inserting ‘‘Clean Railroads Act of 2008’’; 

9 and 

10 (2) in subsection (e), by striking ‘‘Upon the 

11 granting of petition from the State’’ and inserting 

12 ‘‘Upon the granting of a petition from the State’’. 

13 (c) RULEMAKING PROCESS.—Section 20116 is amend14 ed— 

15 (1) by inserting ‘‘(2)’’ before ‘‘the code, rule, 

16 standard, requirement, or practice has been subject to 

17 notice and comment under a rule or order issued 

18 under this part.’’ and indenting accordingly; 

19 (2) by inserting ‘‘(1)’’ before ‘‘unless’’ and in20 denting accordingly; 

21 (3) in paragraph (1), as redesignated, by strik22 ing ‘‘order, or’’ and inserting ‘‘order; or’’; and 

23 (4) in the matter preceding paragraph (1), as re24 designated, by striking ‘‘unless’’ and inserting ‘‘un25 less—’’. 


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1 (d) ENFORCEMENT REPORT.—Section 20120(a) is 

2 amended— 

3 (1) in the matter preceding paragraph (1), by 

4 striking ‘‘website’’ and inserting ‘‘Web site’’; 

5 (2) in paragraph (1), by striking ‘‘accident and 

6 incidence reporting’’ and inserting ‘‘accident and in7 cident reporting’’; 

8 (3) in paragraph (2)(G), by inserting ‘‘and’’ at 

9 the end; and 

10 (4) in paragraph (5)(B), by striking ‘‘Adminis11 trative Hearing Officer or Administrative Law 

12 Judge’’ and inserting ‘‘administrative hearing officer 

13 or administrative law judge’’. 

14 (e) RAILROAD SAFETY RISK REDUCTION PROGRAM.— 

15 Section 20156 is amended— 

16 (1) in subsection (c), by inserting a comma after 

17 ‘‘In developing its railroad safety risk reduction pro18 gram’’; and 

19 (2) in subsection (g)(1)— 

20 (A) by inserting a comma after ‘‘good 

21 faith’’; and 

22 (B) by striking ‘‘non-profit’’ and inserting 

23 ‘‘nonprofit’’. 

24 (f) ROADWAY USER SIGHT DISTANCE AT HIGHWAY25 RAIL GRADE CROSSINGS.—Section 20159 is amended by 


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1 striking ‘‘the Secretary’’ and inserting ‘‘the Secretary of 

2 Transportation’’. 

3 (g) NATIONAL CROSSING INVENTORY.—Section 20160 

4 is amended— 

5 (1) in subsection (a)(1), by striking ‘‘concerning 

6 each previously unreported crossing through which it 

7 operates or with respect to the trackage over which it 

8 operates’’ and inserting ‘‘concerning each previously 

9 unreported crossing through which it operates with 

10 respect to the trackage over which it operates’’; and 

11 (2) in subsection (b)(1)(A), by striking ‘‘con12 cerning each crossing through which it operates or 

13 with respect to the trackage over which it operates’’ 

14 and inserting ‘‘concerning each crossing through 

15 which it operates with respect to the trackage over 

16 which it operates’’. 

17 (h) MINIMUM TRAINING STANDARDS AND PLANS.— 

18 Section 20162(a)(3) is amended by striking ‘‘railroad com19 pliance with Federal standards’’ and inserting ‘‘railroad 

20 carrier compliance with Federal standards’’. 

21 (i) DEVELOPMENT AND USE OF RAIL SAFETY TECH22 NOLOGY.—Section 20164(a) is amended by striking ‘‘after 

23 enactment of the Railroad Safety Enhancement Act of 

24 2008’’ and inserting ‘‘after the date of enactment of the Rail 

25 Safety Improvement Act of 2008’’. 


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1 (j) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 

2 (1) TABLE OF CONTENTS.—Section 1(b) of divi3 sion A of the Rail Safety Improvement Act of 2008 

4 (Public Law 110–432; 122 Stat. 4848) is amended— 

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 strik8 ing ‘‘solid waste facilities’’ and inserting ‘‘solid 

9 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 A 

14 of the Rail Safety Improvement Act of 2008 (Public 

15 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 insert9 ing ‘‘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 Administration 

17 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 Safe25 ty Improvement Act of 2008 (49 U.S.C. 20140 note) 


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1 is amended by striking ‘‘Secretary of Transportation’’ 

2 and inserting ‘‘Secretary’’. 

3 (7) TUNNEL INFORMATION.—Section 414 of title 

4 IV of division A of the Rail Safety Improvement Act 

5 of 2008 (49 U.S.C. 20103 note) is amended— 

6 (A) by striking ‘‘parts 171.8, 173.115’’ and 

7 inserting ‘‘sections 171.8, 173.115’’; and 

8 (B) by striking ‘‘part 1520.5’’ and inserting 

9 ‘‘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 title 

20 VI of division A of the Rail Safety Improvement Act 

21 of 2008 (122 Stat. 4900) is amended by striking 

22 ‘‘SOLID WASTE FACILITIES’’ and inserting 

23 ‘‘SOLID WASTE RAIL TRANSFER FA24 CILITIES’’. 


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1 (10) HEADING OF SECTION 602.—Section 602 of 

2 title VI of division A of the Rail Safety Improvement 

3 Act of 2008 (122 Stat. 4900) is amended by striking 

4 ‘‘SOLID WASTE TRANSFER FACILITIES’’ and in5 serting ‘‘SOLID WASTE RAIL TRANSFER FACILI6 TIES’’. 

7 SEC. 5416. GAO STUDY ON USE OF LOCOMOTIVE HORNS AT 

8 HIGHWAY-RAIL GRADE CROSSINGS. 

9 The Comptroller General of the United States shall 

10 submit a report to Congress containing the results of a 

11 study evaluating the effectiveness of the Federal Railroad 

12 Administration’s final rule on the use of locomotive horns 

13 at highway-rail grade crossings, which was published in the 

14 Federal Register on August 17, 2006 (71 Fed. Reg. 47614). 

15 PART II—CONSOLIDATED RAIL INFRASTRUCTURE 

16 AND SAFETY IMPROVEMENTS 

17 SEC. 5421. CONSOLIDATED RAIL INFRASTRUCTURE AND 

18 SAFETY IMPROVEMENTS. 

19 (a) IN GENERAL.—Chapter 244, as amended by sec20 tion 5302 of this Act, is further amended by adding at the 

21 end the following: 

22 ‘‘§ 24408. Consolidated rail infrastructure and safety 

23 improvements 

24 ‘‘(a) GENERAL AUTHORITY.—The Secretary may make 

25 grants under this section to an eligible recipient to assist 


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1 in financing the cost of improving passenger and freight 

2 rail transportation systems in terms of safety, efficiency, 

3 or reliability. 

4 ‘‘(b) ELIGIBLE RECIPIENTS.—The following entities 

5 are eligible to receive a grant under this section: 

6 ‘‘(1) A State. 

7 ‘‘(2) A group of States. 

8 ‘‘(3) An Interstate Compact. 

9 ‘‘(4) A public agency or publicly chartered au10 thority established by 1 or more States and having re11 sponsibility for providing intercity rail passenger, 

12 commuter rail passenger, or freight rail transpor13 tation service. 

14 ‘‘(5) A political subdivision of a State. 

15 ‘‘(6) Amtrak or another rail passenger carrier 

16 that provides intercity rail passenger transportation 

17 (as defined in section 24102) or commuter rail pas18 senger transportation (as defined in section 24102). 

19 ‘‘(7) A Class II railroad or Class III railroad (as 

20 those terms are defined in section 20102). 

21 ‘‘(8) Any rail carrier or rail equipment manu22 facturer in partnership with at least 1 of the entities 

23 described in paragraphs (1) through (5). 

24 ‘‘(9) Any entity established to procure, manage, 

25 or maintain passenger rail equipment under section 


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1 305 of the Passenger Rail Investment and Improve2 ment Act of 2008 (49 U.S.C. 24101 note). 

3 ‘‘(10) An organization that is actively involved 

4 in the development of operational and safety-related 

5 standards for rail equipment and operations or the 

6 implementation of safety-related programs. 

7 ‘‘(11) The Transportation Research Board and 

8 any entity with which it contracts in the development 

9 of rail-related research, including cooperative research 

10 programs. 

11 ‘‘(12) A University transportation center ac12 tively engaged in rail-related research. 

13 ‘‘(13) A non-profit labor organization rep14 resenting a class or craft of employees of railroad car15 riers or railroad carrier contractors. 

16 ‘‘(c) ELIGIBLE PROJECTS.—The following projects are 

17 eligible to receive grants under this section: 

18 ‘‘(1) Deployment of railroad safety technology, 

19 including positive train control and rail integrity in20 spection systems. 

21 ‘‘(2) A capital project as defined in section 

22 24401, except that a project shall not be required to 

23 be in a State rail plan developed under chapter 227. 


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1 ‘‘(3) A capital project identified by the Secretary 

2 as being necessary to address congestion challenges af3 fecting rail service. 

4 ‘‘(4) A highway-rail grade crossing improve5 ment, including grade separations, private highway6 rail grade crossing improvements, and safety engi7 neering improvements to reduce risk in quiet zones or 

8 potential quiet zones. 

9 ‘‘(5) A rail line relocation project. 

10 ‘‘(6) A capital project to improve short-line or 

11 regional railroad infrastructure. 

12 ‘‘(7) Paying all or a portion of the credit risk 

13 premium, as determined under section 502(f) of the 

14 Railroad Revitalization and Regulatory Reform Act 

15 of 1976 (45 U.S.C. 822(f)), and loan charges described 

16 in section 503(l) of that Act (45 U.S.C. 823(l)) for a 

17 project eligible for Federal credit assistance under 

18 that Act (45 U.S.C. 801 et seq.). 

19 ‘‘(8) Development of public education, awareness, 

20 and targeted law enforcement activities to reduce vio21 lations of traffic laws at highway-rail grade crossings 

22 and to help prevent and reduce injuries and fatalities 

23 along railroad rights-of-way. 


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1 ‘‘(9) The preparation of regional rail and cor2 ridor service development plans and corresponding 

3 environmental analyses. 

4 ‘‘(10) Any project that the Secretary considers 

5 necessary to enhance multimodal connections or fa6 cilitate service integration between rail service and 

7 other modes, including between intercity rail pas8 senger transportation and intercity bus service. 

9 ‘‘(11) The development of rail-related capital, op10 erations, and safety standards. 

11 ‘‘(12) The implementation and operation of a 

12 safety program or institute designed to improve rail 

13 safety culture and rail safety performance. 

14 ‘‘(13) Any research that the Secretary considers 

15 necessary to advance any particular aspect of rail-re16 lated capital, operations, or safety improvements. 

17 ‘‘(14) Workforce development activities, coordi18 nated to the extent practicable with the existing local 

19 training programs supported by the Department of 

20 Transportation, Department of Labor, and Depart21 ment of Education. 

22 ‘‘(d) APPLICATION PROCESS.—The Secretary shall 

23 prescribe the form and manner of filing an application 

24 under this section. 

25 ‘‘(e) PROJECT SELECTION CRITERIA.— 


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1 ‘‘(1) IN GENERAL.—In selecting a recipient of a 

2 grant for an eligible project, the Secretary shall— 

3 ‘‘(A) give preference to a proposed project 

4 for which the proposed Federal share of total 

5 project costs does not exceed 50 percent; and 

6 ‘‘(B) after factoring in preference to projects 

7 under subparagraph (A), select projects that will 

8 maximize the net benefits of the funds appro9 priated for use under this section, considering 

10 the cost-benefit analysis of the proposed project, 

11 including anticipated private and public benefits 

12 relative to the costs of the proposed project and 

13 factoring in the other considerations described in 

14 paragraph (2). 

15 ‘‘(2) OTHER CONSIDERATIONS.—The Secretary 

16 shall also consider the following: 

17 ‘‘(A) The degree to which the proposed 

18 project’s business plan considers potential pri19 vate sector participation in the financing, con20 struction, or operation of the project; 

21 ‘‘(B) The recipient’s past performance in 

22 developing and delivering similar projects, and 

23 previous financial contributions; 

24 ‘‘(C) Whether the recipient has or will have 

25 the legal, financial, and technical capacity to 


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1 carry out the proposed project, satisfactory con2 tinuing control over the use of the equipment or 

3 facilities, and the capability and willingness to 

4 maintain the equipment or facilities; 

5 ‘‘(D) If applicable, the consistency of the 

6 proposed project with planning guidance and 

7 documents set forth by the Secretary or required 

8 by law or State rail plans developed under chap9 ter 227; 

10 ‘‘(E) If applicable, any technical evaluation 

11 ratings that proposed project received under pre12 vious competitive grant programs administered 

13 by the Secretary; and 

14 ‘‘(F) Such other factors as the Secretary 

15 considers relevant to the successful delivery of the 

16 project. 

17 ‘‘(3) BENEFITS.—The benefits described in para18 graph (1)(B) may include the effects on system and 

19 service performance, including measures such as im20 proved safety, competitiveness, reliability, trip or 

21 transit time, resilience, efficiencies from improved in22 tegration with other modes, and ability to meet exist23 ing or anticipated demand. 

24 ‘‘(f) PERFORMANCE MEASURES.—The Secretary shall 

25 establish performance measures for each grant recipient to 


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1 assess progress in achieving strategic goals and objectives. 

2 The Secretary may require a grant recipient to periodically 

3 report information related to such performance measures. 

4 ‘‘(g) RURAL AREAS.— 

5 ‘‘(1) IN GENERAL.—Of the amounts appro6 priated under this section, at least 25 percent shall be 

7 available for projects in rural areas. The Secretary 

8 shall consider a project to be in a rural area if all 

9 or the majority of the project (determined by the geo10 graphic location or locations where the majority of 

11 the project funds will be spent) is located in a rural 

12 area. 

13 ‘‘(2) DEFINITION OF RURAL AREA.—In this sub14 section, the term ‘rural area’ means any area not in 

15 an urbanized area, as defined by the Census Bureau. 

16 ‘‘(h) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

17 ‘‘(1) TOTAL PROJECT COSTS.—The Secretary 

18 shall estimate the total costs of a project under this 

19 subsection based on the best available information, in20 cluding engineering studies, studies of economic feasi21 bility, environmental analyses, and information on 

22 the expected use of equipment or facilities. 

23 ‘‘(2) FEDERAL SHARE.—The Federal share of 

24 total project costs under this subsection shall not ex25 ceed 80 percent. 


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1 ‘‘(3) TREATMENT OF PASSENGER RAIL REV2 ENUE.—If Amtrak or another rail passenger carrier 

3 is an applicant under this section, Amtrak or the 

4 other rail passenger carrier, as applicable, may use 

5 ticket and other revenues generated from its oper6 ations and other sources to satisfy the non-Federal 

7 share requirements. 

8 ‘‘(i) APPLICABILITY.—Except as specifically provided 

9 in this section, the use of any amounts appropriated for 

10 grants under this section shall be subject to the requirements 

11 of this chapter. 

12 ‘‘(j) AVAILABILITY.—Amounts appropriated for car13 rying out this section shall remain available until ex14 pended.’’. 

15 (b) CONFORMING AMENDMENT.—The table of contents 

16 of chapter 244, as amended by section 5302 of this Act, is 

17 amended by adding after the item relating to section 24407 

18 the following: 

‘‘24408. Consolidated rail infrastructure and safety improvements.’’. 

19 PART III—HAZARDOUS MATERIALS BY RAIL 

20 SAFETY AND OTHER SAFETY ENHANCEMENTS 

21 SEC. 5431. REAL-TIME EMERGENCY RESPONSE INFORMA22 TION. 

23 (a) IN GENERAL.—Not later than 1 year after the date 

24 of enactment of this Act, the Secretary, in consultation with 


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1 the Secretary of Homeland Security, shall promulgate regu2 lations— 

3 (1) to require a Class I railroad transporting 

4 hazardous materials— 

5 (A) to generate accurate, real-time, and 

6 electronic train consist information, including— 

7 (i) the identity, quantity, and location 

8 of hazardous materials on a train; 

9 (ii) the point of origin and destination 

10 of the train; 

11 (iii) any emergency response informa12 tion or resources required by the Secretary; 

13 and 

14 (iv) an emergency response point of 

15 contact designated by the Class I railroad; 

16 and 

17 (B) to enter into a memorandum of under18 standing with each applicable fusion center to 

19 provide that fusion center with secure and con20 fidential access to the electronic train consist in21 formation described in subparagraph (A) for 

22 each train transporting hazardous materials in 

23 that fusion center’s jurisdiction; 

24 (2) to require each applicable fusion center to 

25 provide the electronic train consist information deVerDate Sep 11 2014 21:37 May 23, 2016 Jkt 059200 PO 00000 Frm 00946 Fmt 6652 Sfmt 6203 E:\BILLS\S1732.RS S1732

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1 scribed in paragraph (1)(A) to first responders, emer2 gency response officials, and law enforcement per3 sonnel that are involved in the response to or inves4 tigation of an incident, accident, or public health or 

5 safety emergency involving the rail transportation of 

6 hazardous materials and that request such electronic 

7 train consist information; 

8 (3) to prohibit any railroad, employee, or agent 

9 from withholding, or causing to be withheld the train 

10 consist information from first responders, emergency 

11 response officials, and law enforcement personnel de12 scribed in paragraph (2) in the event of an incident, 

13 accident, or public health or safety emergency involv14 ing the rail transportation of hazardous materials; 

15 (4) to establish security and confidentiality pro16 tections to prevent the release of the electronic train 

17 consist information to unauthorized persons; and 

18 (5) to allow each Class I railroad to enter into 

19 a memorandum of understanding with any Class II 

20 or Class III railroad that operates trains over the 

21 Class I railroad’s line to incorporate the Class II or 

22 Class III railroad’s train consist information within 

23 the existing framework described in paragraph (1). 

24 (b) DEFINITIONS.—In this section: 


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1 (1) APPLICABLE FUSION CENTER.—The term 

2 ‘‘applicable fusion center’’ means a fusion center with 

3 responsibility for a geographic area in which a Class 

4 I railroad operates. 

5 (2) CLASS I RAILROAD.—The term ‘‘Class I rail6 road’’ has the meaning given the term in section 

7 20102 of title 49, United States Code. 

8 (3) FUSION CENTER.—The term ‘‘fusion center’’ 

9 has the meaning given the term in section 124h(j) of 

10 title 6, United States Code. 

11 (4) HAZARDOUS MATERIALS.—The term ‘‘haz12 ardous materials’’ means material designated as haz13 ardous by the Secretary of Transportation under 

14 chapter 51 of the United States Code. 

15 (5) TRAIN CONSIST.—The term ‘‘train consist’’ 

16 includes, with regard to a specific train, the number 

17 of rail cars and the commodity transported by each 

18 rail car. 

19 (c) SAVINGS CLAUSE.— 

20 (1) Nothing in this section may be construed to 

21 prohibit a Class I railroad from voluntarily entering 

22 into a memorandum of understanding, as described 

23 in subsection (a)(1)(B), with a State emergency re24 sponse commission or an entity representing or inVerDate Sep 11 2014 21:37 May 23, 2016 Jkt 059200 PO 00000 Frm 00948 Fmt 6652 Sfmt 6203 E:\BILLS\S1732.RS S1732

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1 cluding first responders, emergency response officials, 

2 and law enforcement personnel. 

3 (2) Nothing in this section may be construed to 

4 amend any requirement for a railroad to provide a 

5 State Emergency Response Commission, for each 

6 State in which it operates trains transporting 

7 1,000,000 gallons or more of Bakken crude oil, notifi8 cation regarding the expected movement of such trains 

9 through the counties in the State. 

10 SEC. 5432. THERMAL BLANKETS. 

11 (a) REQUIREMENTS.—Not later than 180 days after 

12 the date of enactment of this Act, the Secretary shall pro13 mulgate such regulations as are necessary to require each 

14 tank car built to meet the DOT-117 specification and each 

15 non-jacketed tank car modified to meet the DOT-117R spec16 ification to be equipped with a thermal blanket. 

17 (b) DEFINITION OF THERMAL BLANKET.—In this sec18 tion, the term ‘‘thermal blanket’’ means an insulating blan19 ket that is applied between the outer surface of a tank car 

20 tank and the inner surface of a tank car jacket and that 

21 has thermal conductivity no greater than 2.65 Btu per inch, 

22 per hour, per square foot, and per degree Fahrenheit at a 

23 temperature of 2000 degrees Fahrenheit, plus or minus 100 

24 degrees Fahrenheit. 

25 (c) SAVINGS CLAUSE.— 


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1 (1) PRESSURE RELIEF DEVICES.—Nothing in 

2 this section may be construed to affect or prohibit any 

3 requirement to equip with appropriately sized pres4 sure relief devices a tank car built to meet the DOT5 117 specification or a non-jacketed tank car modified 

6 to meet the DOT-117R specification. 

7 (2) HARMONIZATION.—Nothing in this section 

8 may be construed to require or allow the Secretary to 

9 prescribe an implementation deadline or authoriza10 tion end date for the requirement under subsection (a) 

11 that is earlier than the applicable implementation 

12 deadline or authorization end date for other tank car 

13 modifications necessary to meet the DOT-117R speci14 fication. 

15 SEC. 5433. COMPREHENSIVE OIL SPILL RESPONSE PLANS. 

16 (a) REQUIREMENTS.—Not later than 120 days after 

17 the date of enactment of this Act, the Secretary shall issue 

18 a notice of proposed rulemaking to require each railroad 

19 carrier transporting a Class 3 flammable liquid to main20 tain a comprehensive oil spill response plan. 

21 (b) CONTENTS.—The regulations under subsection (a) 

22 shall require each rail carrier described in that subsection— 

23 (1) to include in the comprehensive oil spill re24 sponse plan procedures and resources for responding, 


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1 to the maximum extent practicable, to a worst-case 

2 discharge; 

3 (2) to ensure the comprehensive oil spill response 

4 plan is consistent with the National Contingency 

5 Plan and each applicable Area Contingency Plan; 

6 (3) to include in the comprehensive oil spill re7 sponse plan appropriate notification and training 

8 procedures; 

9 (4) to review and update its comprehensive oil 

10 spill response plan as appropriate; and 

11 (5) to provide the comprehensive oil spill re12 sponse plan for acceptance by the Secretary. 

13 (c) SAVINGS CLAUSE.—Nothing in the section may be 

14 construed as prohibiting the Secretary from promulgating 

15 different comprehensive oil response plan standards for 

16 Class I, Class II, and Class III railroads. 

17 (d) DEFINITIONS.—In this section: 

18 (1) AREA CONTINGENCY PLAN.—The term ‘‘Area 

19 Contingency Plan’’ has the meaning given the term in 

20 section 311(a) of the Federal Water Pollution Control 

21 Act (33 U.S.C. 1321(a)). 

22 (2) CLASS 3 FLAMMABLE LIQUID.—The term 

23 ‘‘Class 3 flammable liquid’’ has the meaning given the 

24 term in section 173.120(a) of title 49, Code of Federal 

25 Regulations. 


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1 (3) CLASS I RAILROAD, CLASS II RAILROAD, AND

2 CLASS III RAILROAD.—The terms ‘‘Class I railroad’’, 

3 ‘‘Class II railroad’’ and ‘‘Class III railroad’’ have the 

4 meanings given the terms in section 20102 of title 49, 

5 United States Code. 

6 (4) NATIONAL CONTINGENCY PLAN.—The term 

7 ‘‘National Contingency Plan’’ has the meaning given 

8 the term in section 1001 of the Oil Pollution Act of 

9 1990 (33 U.S.C. 2701). 

10 (5) RAILROAD CARRIER.—The term ‘‘railroad 

11 carrier’’ has the meaning given the term in section 

12 20102 of title 49, United States Code. 

13 (6) WORST-CASE DISCHARGE.—The term ‘‘worst14 case discharge’’ means a railroad carrier’s calculation 

15 of its largest foreseeable discharge in the event of an 

16 accident or incident. 

17 SEC. 5434. HAZARDOUS MATERIALS BY RAIL LIABILITY 

18 STUDY. 

19 (a) IN GENERAL.—Not later than 30 days after the 

20 date of enactment of this Act, the Secretary shall initiate 

21 a study on the levels and structure of insurance for a rail22 road carrier transporting hazardous materials. 

23 (b) CONTENTS.—In conducting the study under sub24 section (a), the Secretary shall evaluate— 


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1 (1) the level and structure of insurance, includ2 ing self-insurance, available in the private market 

3 against the full liability potential for damages arising 

4 from an accident or incident involving a train trans5 porting hazardous materials; 

6 (2) the level and structure of insurance that 

7 would be necessary and appropriate— 

8 (A) to efficiently allocate risk and financial 

9 responsibility for claims; and 

10 (B) to ensure that a railroad carrier trans11 porting hazardous materials can continue to op12 erate despite the risk of an accident or incident; 

13 (3) the potential applicability to trains trans14 porting hazardous materials of— 

15 (A) a liability regime modeled after section 

16 170 of the Atomic Energy Act of 1954, as 

17 amended (42 U.S.C. 2210); and 

18 (B) a liability regime modeled after subtitle 

19 2 of title XXI of the Public Health Service Act 

20 (42 U.S.C. 300aa–10 et seq.). 

21 (c) REPORT.—Not later than 1 year after the date the 

22 study under subsection (a) is initiated, the Secretary shall 

23 submit a report containing the results of the study and rec24 ommendations for addressing liability issues with rail 

25 transportation of hazardous materials to— 


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

2 Transportation of the Senate; and 

3 (2) the Committee on Transportation and Infra4 structure of the House of Representatives. 

5 (d) DEFINITIONS.—In this section: 

6 (1) HAZARDOUS MATERIAL.—The term ‘‘haz7 ardous material’’ means a substance or material the 

8 Secretary designates under section 5103(a) of title 49, 

9 United States Code. 

10 (2) RAILROAD CARRIER.—The term ‘‘railroad 

11 carrier’’ has the meaning given the term in section 

12 20102 of title 49, United States Code. 

13 SEC. 5435. STUDY AND TESTING OF ELECTRONICALLY-CON14 TROLLED PNEUMATIC BRAKES. 

15 (a) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.— 

16 (1) IN GENERAL.—The Government Account17 ability Office shall complete an independent evalua18 tion of ECP brake systems pilot program data and 

19 the Department of Transportation’s research and 

20 analysis on the effects of ECP brake systems. 

21 (2) STUDY ELEMENTS.—In completing the inde22 pendent evaluation under paragraph (1), the Govern23 ment Accountability Office shall examine the fol24 lowing issues related to ECP brake systems: 


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1 (A) Data and modeling results on safety 

2 benefits relative to conventional brakes and to 

3 other braking technologies or systems, such as 

4 distributed power and 2-way end-of-train de5 vices. 

6 (B) Data and modeling results on business 

7 benefits, including the effects of dynamic brak8 ing. 

9 (C) Data on costs, including up-front cap10 ital costs and on-going maintenance costs. 

11 (D) Analysis of potential operational chal12 lenges, including the effects of potential loco13 motive and car segregation, technical reliability 

14 issues, and network disruptions. 

15 (E) Analysis of potential implementation 

16 challenges, including installation time, positive 

17 train control integration complexities, compo18 nent availability issues, and tank car shop capa19 bilities. 

20 (F) Analysis of international experiences 

21 with the use of advanced braking technologies. 

22 (3) DEADLINE.—Not later than 2 years after the 

23 date of enactment of this Act, the Government Ac24 countability Office shall transmit to the Committee on 

25 Commerce, Science, and Transportation of the Senate 


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1 and the Committee on Transportation and Infrastruc2 ture of the House of Representatives a report on the 

3 results of the independent evaluation under para4 graph (1). 

5 (b) EMERGENCY BRAKING APPLICATION TESTING.— 

6 (1) IN GENERAL.—The Secretary of Transpor7 tation shall enter into an agreement with the NCRRP 

8 Board— 

9 (A) to complete testing of ECP brake sys10 tems during emergency braking application, in11 cluding more than 1 scenario involving the un12 coupling of a train with 70 or more DOT 117- 

13 specification or DOT 117R-specification tank 

14 cars; and 

15 (B) to transmit, not later than 2 years after 

16 the date of enactment of this Act, to the Com17 mittee on Commerce, Science, and Transpor18 tation of the Senate and the Committee on 

19 Transportation and Infrastructure of the House 

20 of Representatives a report on the results of the 

21 testing. 

22 (2) INDEPENDENT EXPERTS.—In completing the 

23 testing under paragraph (1), the NCRRP Board may 

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1 ducting railroad safety technology tests or similar 

2 crash tests. 

3 (3) TESTING FRAMEWORK.—In completing the 

4 testing under paragraph (1), the NCRRP Board and 

5 each contractor described in paragraph (2) shall en6 sure that the testing objectively, accurately, and reli7 ably measures the performance of ECP brake systems 

8 relative to other braking technologies or systems, such 

9 as distributed power and 2-way end-of-train devices, 

10 including differences in— 

11 (A) the number of cars derailed; 

12 (B) the number of cars punctured; 

13 (C) the measures of in-train forces; and 

14 (D) the stopping distance. 

15 (4) FUNDING.—The Secretary shall require, as 

16 part of the agreement under paragraph (1), that the 

17 NCRRP Board fund the testing required under this 

18 section— 

19 (A) using such sums made available under 

20 section 24910 of title 49, United States Code; 

21 and 

22 (B) to the extent funding under subpara23 graph (A) is insufficient or unavailable to fund 

24 the testing required under this section, using 


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1 such sums as are necessary from the amounts 

2 appropriated to the Office of the Secretary. 

3 (5) EQUIPMENT.—The NCRRP Board and each 

4 contractor described in paragraph (2) may receive or 

5 use rolling stock, track, and other equipment or infra6 structure from a private entity for the purposes of 

7 conducting the testing required under this section. 

8 (c) PHASED APPROACH.— 

9 (1) PHASE 1.—Not later than 60 days after the 

10 date of enactment of this Act, the Secretary shall re11 quire each new tank car built to meet the DOT-117 

12 specification and each tank car modified to meet the 

13 DOT-117R specification to have an ECP-ready con14 figuration if the DOT-117 or DOT-117R specification 

15 tank car will be used in high-hazard flammable unit 

16 train service. 

17 (2) PHASE 2.—After the reports are transmitted 

18 under subsections (a)(3) and (b)(1)(B), the Secretary 

19 may initiate a rulemaking, if the Secretary considers 

20 it necessary, to require each railroad carrier oper21 ating a high-hazard flammable unit train to operate 

22 that train in ECP brake mode by 2021 or 2023, un23 less the train does not exceed a certain maximum au24 thorized speed as determined by the Secretary in the 

25 rulemaking. 


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1 (d) CONFORMING AMENDMENT.—Not later than 60 

2 days after the date of enactment of this Act, the Secretary 

3 shall issue regulations to repeal the ECP brakes and ECP 

4 brake mode requirements in sections 174.310(a)(3)(ii), 

5 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.102-10, 179.202- 

6 12(g), and 179.202-13(i) of title 49, Code of Federal Regula7 tions, and, except as provided in subsection (c), any other 

8 regulation in effect on the date of enactment of this Act re9 quiring the installation of ECP brakes or operation in ECP 

10 brake mode. 

11 (e) SAVINGS CLAUSE.— 

12 (1) ECP BRAKE MODE.—Nothing in this section 

13 may be construed as prohibiting or requiring a rail14 road carrier from operating its trains in ECP brake 

15 mode. 

16 (2) HARMONIZATION.—Nothing in this section 

17 may be construed to require or allow the Secretary to 

18 prescribe an implementation deadline for the require19 ment under subsection (c)(1) that is earlier than the 

20 applicable implementation deadline for other tank car 

21 modifications necessary to meet the DOT-117R speci22 fication for tank cars that will be used in high-hazard 

23 flammable unit train service. 

24 (f) DEFINITIONS.—In this section: 


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1 (1) CLASS 3 FLAMMABLE LIQUID.—The term 

2 ‘‘Class 3 flammable liquid’’ has the meaning given the 

3 term in section 173.120(a) of title 49, Code of Federal 

4 Regulations. 

5 (2) ECP.—The term ‘‘ECP’’ means electroni6 cally-controlled pneumatic when applied to a brake or 

7 brakes. 

8 (3) ECP BRAKE MODE.—The term ‘‘ECP brake 

9 mode’’ includes any operation of a rail car or an en10 tire train using an ECP brake system. 

11 (4) ECP BRAKE SYSTEM.— 

12 (A) IN GENERAL.—The term ‘‘ECP brake 

13 system’’ means a train power braking system ac14 tuated by compressed air and controlled by elec15 tronic signals from the locomotive or an ECP16 EOT to the cars in the consist for service and 

17 emergency applications in which the brake pipe 

18 is used to provide a constant supply of com19 pressed air to the reservoirs on each car but does 

20 not convey braking signals to the car. 

21 (B) INCLUSIONS.—The term ‘‘ECP brake 

22 system’’ includes dual mode and stand-alone 

23 ECP brake systems. 

24 (5) ECP-READY CONFIGURATION.—The term 

25 ‘‘ECP-ready configuration’’ means mounting brackets 


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1 and fixed conduit on the tank car to facilitate the fu2 ture application of additional ECP componentry and 

3 required cables. 

4 (6) HIGH-HAZARD FLAMMABLE UNIT TRAIN.— 

5 The term ‘‘high-hazard flammable unit train’’ means 

6 a single train transporting 70 or more loaded tank 

7 cars containing Class 3 flammable liquid. 

8 (7) NCRRP BOARD.—The term ‘‘NCRRP 

9 Board’’ means the independent governing board of the 

10 National Cooperative Rail Research Program. 

11 (8) RAILROAD CARRIER.—The term ‘‘railroad 

12 carrier’’ has the meaning given the term in section 

13 20102 of title 49, United States Code. 

14 SEC. 5436. RECORDING DEVICES. 

15 (a) IN GENERAL.—Subchapter II of chapter 201 is 

16 amended by adding after section 20167 the following: 

17 ‘‘§ 20168. Installation of audio and image recording 

18 devices 

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

20 date of enactment of the Rail Reform, Enhancement, and 

21 Efficiency Act, the Secretary of Transportation shall pro22 mulgate regulations to require each rail carrier that pro23 vides regularly scheduled intercity rail passenger or com24 muter rail passenger transportation to the public to install 

25 inward- and outward-facing image recording devices in all 


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1 controlling locomotive cabs and cab car operating compart2 ments in such passenger trains. 

3 ‘‘(b) DEVICE STANDARDS.—Each inward- and out4 ward-facing image recording device shall— 

5 ‘‘(1) have a minimum 12-hour continuous re6 cording capability; 

7 ‘‘(2) have crash and fire protections for any in8 cab image recordings that are stored only within a 

9 controlling locomotive cab or cab car operating com10 partment; and 

11 ‘‘(3) have recordings accessible for review during 

12 an accident investigation. 

13 ‘‘(c) REVIEW.—The Secretary shall establish a process 

14 to review and approve or disapprove an inward- or out15 ward-facing recording device for compliance with the stand16 ards described in subsection (b). 

17 ‘‘(d) USES.—A rail carrier that has installed an 

18 inward- or outward-facing image recording device approved 

19 under subsection (c) may use recordings from that inward20 or outward-facing image recording device for the following 

21 purposes: 

22 ‘‘(1) Verifying that train crew actions are in ac23 cordance with applicable safety laws and the rail car24 rier’s operating rules and procedures. 


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1 ‘‘(2) Assisting in an investigation into the cau2 sation of a reportable accident or incident. 

3 ‘‘(3) Carrying out efficiency testing and system4 wide performance monitoring programs. 

5 ‘‘(4) Documenting a criminal act or monitoring 

6 unauthorized occupancy of the controlling locomotive 

7 cab or car operating compartment. 

8 ‘‘(5) Other purposes that the Secretary considers 

9 appropriate. 

10 ‘‘(e) VOLUNTARY IMPLEMENTATION.— 

11 ‘‘(1) IN GENERAL.—Each rail carrier operating 

12 freight rail service may implement any inward- or 

13 outward-facing image recording devices approved 

14 under subsection (c). 

15 ‘‘(2) AUTHORIZED USES.—Notwithstanding any 

16 other provision of law, each rail carrier may use re17 cordings from an inward- or outward-facing image 

18 recording device approved under subsection (c) for 

19 any of the purposes described in subsection (d). 

20 ‘‘(f) DISCRETION.— 

21 ‘‘(1) IN GENERAL.—The Secretary may— 

22 ‘‘(A) require in-cab audio recording devices 

23 for the purposes described in subsection (d); and 


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1 ‘‘(B) define in appropriate technical detail 

2 the essential features of the devices required 

3 under subparagraph (A). 

4 ‘‘(2) EXEMPTIONS.—The Secretary may exempt 

5 any rail passenger carrier or any part of a rail pas6 senger carrier’s operations from the requirements 

7 under subsection (a) if the Secretary determines that 

8 the rail passenger carrier has implemented an alter9 native technology or practice that provides an equiva10 lent or greater safety benefit or is better suited to the 

11 risks of the operation. 

12 ‘‘(g) TAMPERING.—A rail carrier may take appro13 priate enforcement or administrative action against any 

14 employee that tampers with or disables an audio or inward15 or outward-facing image recording device installed by the 

16 rail carrier. 

17 ‘‘(h) PRESERVATION OF DATA.—Each rail passenger 

18 carrier subject to the requirements of subsection (a) shall 

19 preserve recording device data for 1 year after the date of 

20 a reportable accident or incident. 

21 ‘‘(i) INFORMATION PROTECTIONS.— 

22 ‘‘(1) SECTION 552(B)(3) OF TITLE 5 EXEMPTION.— 

23 An in-cab audio or image recording, and any part 

24 thereof, that the Secretary obtains as part of an acci25 dent or incident investigated by the Department of 


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1 Transportation shall be exempt from disclosure under 

2 section 552(b)(3) of title 5. 

3 ‘‘(2) RESTRICTIONS ON DISCLOSURE.—The Sec4 retary may allow an audio or image recordings de5 rived from an audio or inward- or outward-facing 

6 image recording device to receive any of the informa7 tion and legal protections available to any report, 

8 survey, schedule, list, or data compiled or collected as 

9 part of the Department of Transportation railroad 

10 safety risk reduction program if— 

11 ‘‘(A) the recording is derived from— 

12 ‘‘(i) an audio or inward- or outward13 facing image recording device that was im14 plemented pursuant to its railroad safety 

15 risk reduction program under section 

16 20156; and 

17 ‘‘(ii) an inward- or outward-facing 

18 image recording device that was approved 

19 under subsection (c); or 

20 ‘‘(B) an audio recording device that is com21 pliant with the requirements under subsection 

22 (f)(1). 

23 ‘‘(j) PROHIBITED USE.—An in-cab audio or image re24 cording obtained by a rail carrier under this section may 

25 not be used to retaliate against an employee. 


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1 ‘‘(k) SAVINGS CLAUSE.—Nothing in this section may 

2 be construed as requiring a rail carrier to cease or restrict 

3 operations upon a technical failure of an inward- or out4 ward-facing image recording device. Such rail carrier shall 

5 repair or replace the failed inward- or outward-facing 

6 image recording device as soon as practicable.’’. 

7 (b) CONFORMING AMENDMENT.—The table of contents 

8 for subchapter II of chapter 201 is amended by adding at 

9 the end the following: 

‘‘20168. Installation of audio and image recording devices.’’. 

10 SEC. 5437. RAIL PASSENGER TRANSPORTATION LIABILITY. 

11 (a) LIMITATIONS.—Section 28103(a) is amended— 

12 (1) in paragraph (2), by striking 

13 ‘‘$200,000,000’’ and inserting ‘‘$295,000,000, except 

14 as provided in paragraph (3).’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(3) The liability cap under paragraph (2) shall 

17 be adjusted every 10 years by the Secretary of Trans18 portation to reflect changes in the Consumer Price 

19 Index-All Urban Consumers. 

20 ‘‘(4) The Federal Government shall have no fi21 nancial responsibility for any claims described in 

22 paragraph (2).’’. 

23 (b) DEFINITION OF RAIL PASSENGER TRANSPOR24 TATION.—Section 28103(e) is amended— 


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1 (1) in the heading, by striking ‘‘DEFINITION.— 

2 ’’ and inserting ‘‘DEFINITIONS.—’’; 

3 (2) in paragraph (2), by striking ‘‘; and’’ and 

4 inserting a semicolon; 

5 (3) in paragraph (3), by striking the period at 

6 the end and inserting ‘‘; and’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(4) the term ‘rail passenger transportation’ in9 cludes commuter rail passenger transportation (as de10 fined in section 24102).’’. 

11 (c) PROHIBITION.—No Federal funds may be appro12 priated for the purpose of paying for the portion of an in13 surance premium attributable to the increase in allowable 

14 awards under the amendments made by subsection (a). 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) shall be effective for any passenger rail acci17 dent or incident occurring on or after May 12, 2015. 

18 SEC. 5438. MODIFICATION REPORTING. 

19 (a) IN GENERAL.—Not later than 1 year after the date 

20 of enactment of this Act, the Secretary shall implement a 

21 reporting requirement to monitor industry-wide progress 

22 toward modifying tank cars used in high-hazard flammable 

23 train service by the applicable deadlines or authorization 

24 end dates set in regulation. 


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1 (b) TANK CAR DATA.—The Secretary shall collect data 

2 from shippers and tank car owners on— 

3 (1) the total number of tank cars modified to 

4 meet the DOT-117R specification, or equivalent, 

5 specifying— 

6 (A) the type or specification of each tank 

7 car before it was modified, including non-jack8 eted DOT-111, jacketed DOT-111, non-jacketed 

9 DOT-111 meeting the CPC-1232 standard, or 

10 jacketed DOT-111 meeting the CPC-1232 stand11 ard; and 

12 (B) the identification number of each Class 

13 3 flammable liquid carried by each tank car in 

14 the past year; 

15 (2) the total number of tank cars built to meet 

16 the DOT-117 specification, or equivalent; and 

17 (3) the total number of tank cars used or likely 

18 to be used in high-hazard flammable train service 

19 that have not been modified, specifying— 

20 (A) the type or specification of each tank 

21 car not modified, including the non-jacketed 

22 DOT-111, jacketed DOT-111, non-jacketed DOT23 111 meeting the CPC-1232 standard, or jacketed 

24 DOT-111 meeting the CPC-1232 standard; and 


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1 (B) the identification number of each Class 

2 3 flammable liquid carried by each tank car in 

3 the past year. 

4 (c) TANK CAR SHOP DATA.—The Secretary shall con5 duct a survey of tank car facilities modifying tank cars to 

6 the DOT-117R specification, or equivalent, or building new 

7 tank cars to the DOT-117 specification, or equivalent, to 

8 generate statistically-valid estimates of the expected number 

9 of tank cars those facilities expect to modify to DOT-117R 

10 specification, or equivalent, or build to the DOT-117 speci11 fication, or equivalent. 

12 (d) FREQUENCY.—The Secretary shall collect the data 

13 under subsection (b) and conduct the survey under sub14 section (c) annually until May 1, 2025. 

15 (e) INFORMATION PROTECTIONS.— 

16 (1) IN GENERAL.—The Secretary shall only re17 port data in industry-wide totals and shall treat com18 pany-specific information as confidential business in19 formation. 

20 (2) LEVEL OF CONFIDENTIALITY.—The Secretary 

21 shall ensure the data collected under subsection (b) 

22 and the survey data under subsection (c) have the 

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1 ciency Act of 2002 (44 U.S.C. 3501 note), as adminis2 tered by the Bureau of Transportation Statistics. 

3 (3) SECTION 552(B)(3) OF TITLE 5.—Any infor4 mation that the Secretary obtains under subsection 

5 (b) or subsection (c) by the Department of Transpor6 tation shall be exempt from disclosure under section 

7 552(b)(3) of title 5. 

8 (4) DESIGNEE.—The Secretary may designate 

9 the Director of the Bureau of Transportation Statis10 tics to collect data under subsection (b) and the sur11 vey data under subsection (c) and direct the Director 

12 to ensure the confidentially of company-specific infor13 mation to the maximum extent permitted by law. 

14 (f) REPORT.—Each year, not later than 60 days after 

15 the date that both the collection of the data under subsection 

16 (b) and the survey under subsection (c) are complete, the 

17 Secretary shall report on the aggregate results, without com18 pany-specific information, to— 

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

20 Transportation of the Senate; and 

21 (2) the Committee on Transportation and Infra22 structure of the House of Representatives. 

23 (g) DEFINITIONS.—In this section: 

24 (1) CLASS 3 FLAMMABLE LIQUID.—The term 

25 ‘‘Class 3 flammable liquid’’ has the meaning given the 


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1 term in section 173.120(a) of title 49, Code of Federal 

2 Regulations. 

3 (2) HIGH-HAZARD FLAMMABLE TRAIN.—The 

4 term ‘‘high-hazard flammable train’’ means a single 

5 train transporting 20 or more tank cars loaded with 

6 a Class 3 flammable liquid in a continuous block or 

7 a single train transporting 35 or more tank cars 

8 loaded with a Class 3 flammable liquid throughout 

9 the train consist. 

10 SEC. 5439. REPORT ON CRUDE OIL CHARACTERISTICS RE11 SEARCH STUDY. 

12 Not later than 180 days after the research completion 

13 of the comprehensive Crude Oil Characteristics Research 

14 Sampling, Analysis, and Experiment (SAE) Plan study at 

15 Sandia National Laboratories, the Secretary of Energy, in 

16 cooperation with the Secretary of Transportation, shall sub17 mit a report to the Committee on Commerce, Science, and 

18 Transportation of the Senate, the Committee on Energy and 

19 Natural Resources of the Senate, the Committee on Trans20 portation and Infrastructure of the House of Representa21 tives, and the Committee on Energy and Commerce of the 

22 House of Representatives that contains— 

23 (1) the results of the comprehensive Crude Oil 

24 Characteristics Research Sampling, Analysis, and 

25 Experiment (SAE) Plan study; and 


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1 (2) recommendations, based on the findings of 

2 the study, for— 

3 (A) regulations that should be prescribed by 

4 the Secretary of Transportation or the Secretary 

5 of Energy to improve the safe transport of crude 

6 oil; and 

7 (B) statutes that should be enacted by Con8 gress to improve the safe transport of crude oil. 

9 PART IV—POSITIVE TRAIN CONTROL 

10 SEC. 5441. COORDINATION OF SPECTRUM. 

11 (a) ASSESSMENT.—The Secretary, in coordination 

12 with the Chairman of the Federal Communications Com13 mission, shall assess spectrum needs and availability for 

14 implementing positive train control systems (as defined in 

15 section 20157(i)(3) of title 49, United States Code). The 

16 Secretary and the Chairman may consult with external 

17 stakeholders in carrying out this section. 

18 (b) REPORT.—Not later than 120 days after the date 

19 of enactment of this Act, the Secretary 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 con23 tains the results of the assessment conducted under sub24 section (a). 


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1 SEC. 5442. UPDATED PLANS. 

2 (a) IMPLEMENTATION.—Section 20157(a) is amended 

3 to read as follows: 

4 ‘‘(a) IMPLEMENTATION.— 

5 ‘‘(1) PLAN REQUIRED.—Each Class I railroad 

6 carrier and each entity providing regularly scheduled 

7 intercity or commuter rail passenger transportation 

8 shall develop and submit, to the Secretary of Trans9 portation, a plan for implementing a positive train 

10 control system by December 31, 2015, governing oper11 ations on— 

12 ‘‘(A) its main line over which intercity rail 

13 passenger transportation or commuter rail pas14 senger transportation (as defined in section 

15 24102) is regularly provided; 

16 ‘‘(B) its main line over which poison- or 

17 toxic-by-inhalation hazardous materials (as de18 fined in sections 171.8, 173.115, and 173.132 of 

19 title 49, Code of Federal Regulations) are trans20 ported; and 

21 ‘‘(C) such other tracks as the Secretary may 

22 prescribe by regulation or order. 

23 ‘‘(2) INTEROPERABILITY AND PRIORITIZATION.— 

24 The plan shall describe how the railroad carrier or 

25 other entity subject to paragraph (1) will provide for 

26 interoperability of the positive train control systems 


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1 with movements of trains of other railroad carriers 

2 over its lines and shall, to the extent practical, imple3 ment the positive train control systems in a manner 

4 that addresses areas of greater risk before areas of 

5 lesser risk. 

6 ‘‘(3) SECRETARIAL REVIEW OF UPDATED

7 PLANS.— 

8 ‘‘(A) SUBMISSION OF UPDATED PLANS.— 

9 Notwithstanding the deadline set forth in para10 graph (1), not later than 90 days after the date 

11 of enactment of the Rail Reform, Enhancement, 

12 and Efficiency Act, each Class I railroad carrier 

13 or other entity subject to paragraph (1) may 

14 submit to the Secretary an updated plan that 

15 amends the plan submitted under paragraph (1) 

16 with an updated implementation schedule (as de17 scribed in paragraph (4)(B)) and milestones or 

18 metrics (as described in paragraph (4)(A)) that 

19 demonstrate that the railroad carrier or other 

20 entity intends make sustained and substantial 

21 progress toward positive train control system im22 plementation. 

23 ‘‘(B) REVIEW OF UPDATED PLANS.—Not 

24 later than 120 days after receiving an updated 

25 plan under subparagraph (A), the Secretary 


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1 shall approve the updated plan if the railroad 

2 carrier or other entity submitting the plan— 

3 ‘‘(i)(I) has encountered technical or 

4 programmatic challenges identified by the 

5 Secretary in the 2012 report transmitted to 

6 Congress pursuant to subsection (d); and 

7 ‘‘(II) the challenges referred to in sub8 clause (I) have negatively affected the suc9 cessful implementation of positive train 

10 control systems; 

11 ‘‘(ii) is demonstrating due diligence in 

12 its effort to implement a positive train con13 trol system; 

14 ‘‘(iii) has included in its plan mile15 stones or metrics that demonstrate the rail16 road carrier or other entity intends to make 

17 sustained and substantial progress toward 

18 positive train control system implementa19 tion; and 

20 ‘‘(iv) has set an implementation sched21 ule in its plan that complies with para22 graph (7). 

23 ‘‘(C) MODIFICATION OF UPDATED PLANS.— 

24 (i) If the Secretary has not approved an updated 

25 plan under subparagraph (B) within 60 days of 


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1 receiving the updated plan under subparagraph 

2 (A), the Secretary shall immediately— 

3 ‘‘(I) provide a written response to the 

4 railroad carrier or other entity that identi5 fies the reason for not approving the up6 dated plan and explains any incomplete or 

7 deficient items; 

8 ‘‘(II) allow the railroad carrier or 

9 other entity to submit, within 30 days of re10 ceiving the written response under subclause 

11 (I), a modified updated plan for the Sec12 retary’s review; and 

13 ‘‘(III) approve or disapprove a modi14 fied updated plan submitted under sub15 clause (II) not later than 30 days after re16 ceipt. 

17 ‘‘(ii) If the Secretary does not approve an 

18 updated plan not later than 60 days after receiv19 ing the updated plan under subparagraph (A) 

20 and does not provide a written response to the 

21 railroad carrier or other entity at the end of the 

22 60-day period described in clause (i), the up23 dated plan is deemed to have been approved by 

24 the Secretary. 


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1 ‘‘(D) PUBLIC AVAILABILITY.—Not later than 

2 30 days after approving an updated plan under 

3 this paragraph, the Secretary shall make the up4 dated plan available on the website of the Fed5 eral Railroad Administration. 

6 ‘‘(E) PENDING REVIEWS.—For an applicant 

7 that submits an updated plan under subpara8 graph (A), the Secretary shall extend the dead9 line for implementing a positive train control 

10 system at least until the date the Secretary ap11 proves or issues final disapproval for the up12 dated plan with an updated implementation 

13 schedule (as described in paragraph (4)(B)). 

14 ‘‘(4) CONTENTS OF UPDATED PLAN.— 

15 ‘‘(A) MILESTONES OR METRICS.—Each up16 dated plan submitted under paragraph (3) shall 

17 show that the Class I railroad carrier or other 

18 entity subject to paragraph (1) is making sus19 tained and substantial progress toward positive 

20 train control system implementation by describ21 ing the following milestones or metrics: 

22 ‘‘(i) The total number of components 

23 that will be installed, equipped, or deployed 

24 with positive train control by the end of 

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1 trol is fully implemented, with totals sepa2 rated by each component category. 

3 ‘‘(ii) The number of employees that 

4 will receive the training, as required under 

5 the applicable positive train control system 

6 regulations, by the end of each calendar 

7 year until positive train control is fully im8 plemented. 

9 ‘‘(iii) The calendar year or years in 

10 which spectrum will be acquired and will be 

11 available for use in all areas that it is need12 ed for positive train control implementa13 tion, if such spectrum is not already ac14 quired and ready for use. 

15 ‘‘(B) IMPLEMENTATION SCHEDULE.—Each 

16 updated plan submitted under paragraph (3) 

17 shall include an implementation schedule that 

18 identifies the dates by which the railroad carrier 

19 or other entity will— 

20 ‘‘(i) fully implement a positive train 

21 control system; 

22 ‘‘(ii) complete all component installa23 tion, consistent with the milestones or 

24 metrics described in subparagraph (A)(i); 


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1 ‘‘(iii) complete all employee training 

2 required under the applicable positive train 

3 control system regulations, consistent with 

4 the milestones or metrics described in sub5 paragraph (A)(ii); 

6 ‘‘(iv) acquire all necessary spectrum, 

7 consistent with the milestones or metrics in 

8 subparagraph (A)(iii); and 

9 ‘‘(v) complete system testing. 

10 ‘‘(C) ADDITIONAL INFORMATION.—Each up11 dated plan submitted under paragraph (3) shall 

12 include— 

13 ‘‘(i) the total number of positive train 

14 control components required for implemen15 tation, with totals separated by each major 

16 component category; 

17 ‘‘(ii) the total number of employees re18 quiring training under the applicable posi19 tive train control system regulations; 

20 ‘‘(iii) a summary of the remaining 

21 challenges to positive train control system 

22 implementation, including— 

23 ‘‘(I) testing issues; 

24 ‘‘(II) interoperability challenges; 

25 ‘‘(III) permitting issues; and 


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1 ‘‘(IV) certification challenges. 

2 ‘‘(D) DEFINED TERM.—In this paragraph, 

3 the term ‘component’ means a locomotive appa4 ratus, a wayside interface unit (including any 

5 associated legacy signal system replacements), 

6 switches in non-signaled positive train control 

7 territory, a base station radio, a wayside radio, 

8 or a locomotive radio. 

9 ‘‘(5) PLAN IMPLEMENTATION.—The Class I rail10 road carrier or other entity subject to paragraph (1) 

11 shall implement a positive train control system in ac12 cordance with its plan, including any amendments 

13 made to the plan by its updated plan approved by the 

14 Secretary under paragraph (3). 

15 ‘‘(6) PROGRESS REPORT.—Each Class I railroad 

16 carrier or other entity with an approved updated 

17 plan shall submit an annual report to the Secretary 

18 that describes the progress made on positive train 

19 control implementation, including— 

20 ‘‘(A) the extent to which the railroad carrier 

21 or other entity met or exceeded the metrics or 

22 milestones described in paragraph (4)(A); 

23 ‘‘(B) the extent to which the railroad carrier 

24 or other entity complied with its implementation 

25 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 the 

6 completion of spectrum acquisition that is later than 

7 December 31, 2018.’’. 

8 (b) ENFORCEMENT.—Section 20157(e) is amended to 

9 read as follows: 

10 ‘‘(e) ENFORCEMENT.—The Secretary is authorized to 

11 assess civil penalties pursuant to chapter 213 for the failure 

12 to submit or comply with a plan for implementing positive 

13 train control under subsection (a), including any amend14 ments to the plan made by an updated plan (including 

15 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 AMENDMENTS.— 

25 Immediately after the date of the enactment of the 


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1 Rail Reform, Enhancement, and Efficiency Act, the 

2 Secretary— 

3 ‘‘(A) shall remove or revise any references to 

4 specified dates in the regulations or orders im5 plementing this section to the extent necessary to 

6 conform with the amendments made by such Act; 

7 and 

8 ‘‘(B) may not enforce any such date-specific 

9 deadlines or requirements that are inconsistent 

10 with the amendments made by such Act.’’. 

11 (d) SAVINGS PROVISIONS.— 

12 (1) RESUBMISSION OF INFORMATION.—Nothing 

13 in the amendments made by this section may be con14 strued to require a Class I railroad carrier or other 

15 entity subject to paragraph (1) of section 20157(a) of 

16 title 49, United States Code, to resubmit in its up17 dated plan information from its initial implementa18 tion plan that is not changed or affected by the up19 dated plan. The Secretary shall consider an updated 

20 plan submitted pursuant to paragraph (3) of such 

21 section to be an addendum to the initial implementa22 tion plan. 

23 (2) SUBMISSION OF NEW PLAN.—Nothing in the 

24 amendments made by this section may be construed 

25 to require a Class I railroad carrier or other entity 


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1 subject to section 20157(a)(1) of title 49, United 

2 States Code, to submit a new implementation plan 

3 pursuant to the deadline set forth in such section. 

4 SEC. 5443. EARLY ADOPTION AND INTEROPERABILITY. 

5 (a) EARLY ADOPTION.—During the 1-year period be6 ginning on the date on which the last railroad carrier’s or 

7 other entity’s positive train control system, subject to sec8 tion 20157(a) of title 49, United States Code, is certified 

9 by the Secretary under subsection (h) of such section and 

10 implemented on all of that railroad carrier’s or other enti11 ty’s lines required to have operations governed by a positive 

12 train control system, any railroad carrier or other entity 

13 that has been certified by the Secretary under such sub14 section shall not be subject to the operational restrictions 

15 set forth in subpart I of part 236 of title 49, Code of Federal 

16 Regulations, that would otherwise apply in the event of a 

17 positive train control system component failure. 

18 (b) INTEROPERABILITY PROCEDURE.—If multiple 

19 railroad carriers operate on a single railroad line through 

20 a trackage or haulage agreement, each railroad carrier op21 erating on the railroad line shall not be subject to the oper22 ating restrictions set forth in subpart I of part 236 of title 

23 49, Code of Federal Regulations, with respect to the railroad 

24 line, until the Secretary certifies that— 


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1 (1) each Class I railroad carrier and each entity 

2 providing regularly scheduled intercity or commuter 

3 rail passenger transportation that operates on the 

4 railroad line is in compliance with its positive train 

5 control requirements under section 20157(a) of title 

6 49, United States Code; 

7 (2) each Class II or Class III railroad that oper8 ates on the railroad line is in compliance with the 

9 applicable regulatory requirements to equip loco10 motives operating in positive train control territory; 

11 and 

12 (3) the implementation of any and all positive 

13 train control systems are interoperable and oper14 ational on the railroad line in conformance with each 

15 approved implementation plan so that each freight 

16 and passenger railroad can operate on the line with 

17 that freight or passenger railroad’s positive train con18 trol equipment. 

19 (c) SMALL RAILROADS.—Not later than 120 days after 

20 the date of the enactment of this Act, the Secretary shall 

21 amend section 236.1006(b)(4)(iii)(B) of title 49, Code of 

22 Federal Regulations (relating to equipping locomotives for 

23 applicable Class II and Class III railroads operating in 

24 positive train control territory) to extend each deadline by 

25 3 years. 


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1 SEC. 5444. POSITIVE TRAIN CONTROL AT GRADE CROSS2 INGS EFFECTIVENESS STUDY. 

3 (a) STUDY.—After the Secretary certifies that each 

4 Class I railroad carrier and each entity providing regularly 

5 scheduled intercity or commuter rail passenger transpor6 tation is in compliance with the positive train control re7 quirements under section 20157(a) of title 49, United States 

8 Code, the Secretary shall enter into an agreement with the 

9 National Cooperative Rail Research Program Board— 

10 (1) to conduct a study of the possible effectiveness 

11 of positive train control and related technologies on 

12 reducing collisions at highway-rail grade crossings; 

13 and 

14 (2) to submit a report containing the results of 

15 the study conducted under paragraph (1) to the Com16 mittee on Commerce, Science, and Transportation of 

17 the Senate and the Committee on Transportation and 

18 Infrastructure of the House of Representatives. 

19 (b) FUNDING.—The Secretary may require, as part of 

20 the agreement under subsection (a), that the National Coop21 erative Rail Research Program Board fund the study re22 quired under this section using such sums as may be nec23 essary out of the amounts made available under section 

24 24910 of title 49, United States Code. 


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1 Subtitle E—Project Delivery 

2 SEC. 5501. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Track, Railroad, 

4 and Infrastructure Network Act’’. 

5 SEC. 5502. PRESERVATION OF PUBLIC LANDS. 

6 (a) HIGHWAYS.—Section 138 of title 23, United States 

7 Code, is amended— 

8 (1) in subsection (b)(2)(A)(i), by inserting ‘‘, 

9 taking into consideration any avoidance, minimiza10 tion, and mitigation or enhancement measures incor11 porated into the program or project’’ after ‘‘historic 

12 site’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(c) RAIL AND TRANSIT.—Improvements to, or the 

15 maintenance, rehabilitation, or operation of, railroad or 

16 rail transit lines or elements of such lines, with the excep17 tion of stations, that are in use or were historically used 

18 for the transportation of goods or passengers, shall not be 

19 considered a use of an historic site under subsection (a), 

20 regardless of whether the railroad or rail transit line or ele21 ment of such line is listed on, or eligible for listing on, the 

22 National Register of Historic Places.’’. 

23 (b) TRANSPORTATION PROJECTS.—Section 303 is 

24 amended— 


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1 (1) in subsection (c), by striking ‘‘subsection (d)’’ 

2 and inserting ‘‘subsections (d) and (e)’’; 

3 (2) in subsection (d)(2)(A)(i), by inserting ‘‘, 

4 taking into consideration any avoidance, minimiza5 tion, and mitigation or enhancement measures incor6 porated into the program or project’’ after ‘‘historic 

7 site’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(e) RAIL AND TRANSIT.—Improvements to, or the 

10 maintenance, rehabilitation, or operation of, railroad or 

11 rail transit lines or elements of such lines, with the excep12 tion of stations, that are in use or were historically used 

13 for the transportation of goods or passengers, shall not be 

14 considered a use of an historic site under subsection (c), 

15 regardless of whether the railroad or rail transit line or ele16 ment of such line is listed on, or eligible for listing on, the 

17 National Register of Historic Places.’’. 

18 SEC. 5503. EFFICIENT ENVIRONMENTAL REVIEWS. 

19 (a) IN GENERAL.—Section 304 is amended— 

20 (1) in the heading, by striking ‘‘for 

21 multimodal projects’’ and inserting ‘‘and in22 creasing the efficiency of environmental 

23 reviews’’; and 

24 (2) by adding at the end the following: 

25 ‘‘(e) EFFICIENT ENVIRONMENTAL REVIEWS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Transpor2 tation shall apply the project development procedures, 

3 to the greatest extent feasible, described in section 139 

4 of title 23, United States Code, to any rail project 

5 that requires the approval of the Secretary of Trans6 portation under the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.). 

8 ‘‘(2) REGULATIONS AND PROCEDURES.—The Sec9 retary of Transportation shall incorporate such 

10 project development procedures into the agency regu11 lations and procedures pertaining to rail projects. 

12 ‘‘(f) APPLICABILITY OF NEPA DECISIONS.— 

13 ‘‘(1) IN GENERAL.—A Department of Transpor14 tation operating administration may apply a cat15 egorical exclusion designated by another Department 

16 of Transportation operating administration under the 

17 National Environmental Policy Act of 1969 (42 

18 U.S.C. 4321 et seq.). 

19 ‘‘(2) FINDINGS.—A Department of Transpor20 tation operating administration may adopt, in whole 

21 or in part, another Department of Transportation op22 erating administration’s Record of Decision, Finding 

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1 pliance with any law related to environmental review 

2 or historic preservation.’’. 

3 SEC. 5504. ADVANCE ACQUISITION. 

4 (a) IN GENERAL.—Chapter 241 is amended by insert5 ing after section 24105 the following— 

6 ‘‘§ 24106. Advance acquisition 

7 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Secretary 

8 may assist a recipient of funding in acquiring right-of-way 

9 and adjacent real property interests before or during the 

10 completion of the environmental reviews for any project re11 ceiving funding under subtitle V of title 49, United States 

12 Code, that may use such property interests if the acquisition 

13 is otherwise permitted under Federal law, and the recipient 

14 requesting Federal funding for the acquisition certifies, with 

15 the concurrence of the Secretary, that— 

16 ‘‘(1) the recipient has authority to acquire the 

17 right-of-way or adjacent real property interest; and 

18 ‘‘(2) the acquisition of the right-of-way or adja19 cent real property interest— 

20 ‘‘(A) is for a transportation or transpor21 tation-related purpose; 

22 ‘‘(B) will not cause significant adverse envi23 ronmental impact; 

24 ‘‘(C) will not limit the choice of reasonable 

25 alternatives for the proposed project or otherwise 


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1 influence the decision of the Secretary on any 

2 approval required for the proposed project; 

3 ‘‘(D) does not prevent the lead agency for 

4 the review process from making an impartial de5 cision as to whether to accept an alternative that 

6 is being considered; 

7 ‘‘(E) complies with other applicable Federal 

8 law, including regulations; 

9 ‘‘(F) will be acquired through negotiation 

10 and without the threat of condemnation; and 

11 ‘‘(G) will not result in the elimination or 

12 reduction of benefits or assistance to a displaced 

13 person under the Uniform Relocation Assistance 

14 and Real Property Acquisition Policies Act of 

15 1970 (42 U.S.C. 4601 et seq.) and title VI of the 

16 Civil Rights Act of 1964 (42 U.S.C. 2000d et 

17 seq.). 

18 ‘‘(b) ENVIRONMENTAL REVIEWS.— 

19 ‘‘(1) COMPLETION OF NEPA REVIEW.—Before au20 thorizing any Federal funding for the acquisition of 

21 a real property interest that is the subject of a grant 

22 or other funding under this subtitle, the Secretary 

23 shall complete, if required, the review process under 

24 the National Environmental Policy Act of 1969 (42 

25 U.S.C. 4321 et seq.) with respect to the acquisition. 


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1 ‘‘(2) COMPLETION OF SECTION 106.—An acquisi2 tion of a real property interest involving an historic 

3 site shall not occur unless the section 106 process, if 

4 required, under the National Historic Preservation 

5 Act (54 U.S.C. 306108) is complete. 

6 ‘‘(3) TIMING OF ACQUISITIONS.—A real property 

7 interest acquired under subsection (a) may not be de8 veloped in anticipation of the proposed project until 

9 all required environmental reviews for the project 

10 have been completed.’’. 

11 (b) CONFORMING AMENDMENT.—The table of contents 

12 of chapter 241 is amended by inserting after the item relat13 ing to section 24105 the following: 

‘‘24106. Advance acquisition.’’. 

14 SEC. 5505. RAILROAD RIGHTS-OF-WAY. 

15 Section 306108 of title 54, United States Code, is 

16 amended— 

17 (1) by inserting ‘‘(b) OPPORTUNITY TO COM18 MENT.—’’ before ‘‘The head of the Federal agency 

19 shall afford’’ and indenting accordingly; 

20 (2) in the matter before subsection (b), by insert21 ing ‘‘(a) IN GENERAL.—’’ before ‘‘The head of any 

22 Federal agency having direct’’ and indenting accord23 ingly; and 

24 (3) by adding at the end the following: 

25 ‘‘(c) EXEMPTION FOR RAILROAD RIGHTS-OF-WAY.— 


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

2 the date of enactment of the Track, Railroad, and In3 frastructure Network Act, the Secretary of Transpor4 tation shall submit a proposed exemption of railroad 

5 rights-of-way from the review under this chapter to 

6 the Council for its consideration, consistent with the 

7 exemption for interstate highways approved on March 

8 10, 2005 (70 Fed. Reg. 11,928). 

9 ‘‘(2) FINAL EXEMPTION.—Not later than 180 

10 days after the date that the Secretary submits the pro11 posed exemption under paragraph (1) to the Council, 

12 the Council shall issue a final exemption of railroad 

13 rights-of-way from review under this chapter, con14 sistent with the exemption for interstate highways ap15 proved on March 10, 2005 (70 Fed. Reg. 11,928).’’. 

16 SEC. 5506. IMPROVING STATE AND FEDERAL AGENCY EN17 GAGEMENT IN ENVIRONMENTAL REVIEWS. 

18 (a) IN GENERAL.—Chapter 3 is amended by inserting 

19 after section 306 the following: 

20 ‘‘§ 307. Improving State and Federal agency engage21 ment in environmental reviews 

22 ‘‘(a) IN GENERAL.—An entity receiving financial as23 sistance from the Secretary of Transportation for 1 or more 

24 projects or for a program of projects, may request that the 

25 Secretary allow the entity to provide funds to any Federal 


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1 agency, including the Department of Transportation, State 

2 agency, or Indian tribe (as defined in section 102 of the 

3 Federally Recognized Indian Tribe List Act of 1994 (25 

4 U.S.C. 479a)) participating in the environmental planning 

5 and review process for the project, projects, or program. The 

6 funds may be provided only to support activities that di7 rectly and meaningfully contribute to expediting and im8 proving permitting and review processes, including plan9 ning, approval, and consultation processes for the project, 

10 projects, or program. 

11 ‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activities 

12 for which funds may be provided under subsection (a) in13 clude transportation planning activities that precede the 

14 initiation of the environmental review process, activities di15 rectly related to the environmental review process, dedicated 

16 staffing, training of agency personnel, information gath17 ering and mapping, and development of programmatic 

18 agreements. 

19 ‘‘(c) AMOUNTS.—Requests under subsection (a) may be 

20 approved only for the additional amounts that the Sec21 retary determines are necessary for the Federal agencies, 

22 State agencies, or Indian tribes participating in the envi23 ronmental planning and review process to timely conduct 

24 the reviews in an expedited manner. 


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1 ‘‘(d) AGREEMENTS.—Prior to providing funds ap2 proved by the Secretary for dedicated staffing at an affected 

3 Federal agency under subsections (a) and (b), the affected 

4 Federal agency, State agency or Indian tribe, as appro5 priate, and the requesting entity shall enter into an agree6 ment that establishes a process to identify the projects or 

7 priorities to be addressed by the use of the funds. 

8 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed to be inconsistent with or to interfere 

10 with section 139(j) of title 23.’’. 

11 (b) CONFORMING AMENDMENT.—The table of contents 

12 of chapter 3 is amended by inserting after the item relating 

13 to section 306 the following: 

‘‘307. Improving State and Federal agency engagement in environmental reviews.’’. 

14 SEC. 5507. SAVINGS CLAUSE. 

15 Nothing in this title, or any amendment made by this 

16 title, shall be construed as superceding, amending, or modi17 fying the National Environmental Policy Act of 1969 (42 

18 U.S.C. 4321 et seq.) or affect the responsibility of any Fed19 eral officer to comply with or enforce any such statute. 

20 SEC. 5508. TRANSITION. 

21 Nothing in this title, or any amendment made by this 

22 title, shall affect any existing environmental review process, 

23 program, agreement, or funding arrangement approved by 

24 the Secretary under title 49, United States Code, as that 


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1 title was in effect on the day preceding the date of enact2 ment of this subtitle. 

3 Subtitle F—Financing 

4 SEC. 5601. SHORT TITLE; REFERENCES. 

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

6 ‘‘Railroad Infrastructure Financing Improvement Act’’. 

7 (b) REFERENCES TO THE RAILROAD REVITALIZATION

8 AND REGULATORY REFORM ACT OF 1976.—Except as oth9 erwise expressly provided, wherever in this subtitle an 

10 amendment or repeal is expressed in terms of an amend11 ment to, or repeal of, a section or other provision, the ref12 erence shall be considered to be made to a section or other 

13 provision of the Railroad Revitalization and Regulatory 

14 Reform Act of 1976, as amended (45 U.S.C. 801 et seq.). 

15 SEC. 5602. DEFINITIONS. 

16 Section 501 (45 U.S.C. 821) is amended— 

17 (1) by redesignating paragraph (8) as para18 graph (10); 

19 (2) by redesignating paragraphs (6) and (7) as 

20 paragraphs (7) and (8), respectively; 

21 (3) by inserting after paragraph (5) the fol22 lowing: 

23 ‘‘(6) The term ‘investment-grade rating’ means a 

24 rating of BBB minus, Baa 3, bbb minus, BBB(low), 

25 or higher assigned by a rating agency.’’; 


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1 (4) by inserting after paragraph (8), as redesig2 nated, the following: 

3 ‘‘(9) The term ‘master credit agreement’ means 

4 an agreement to make 1 or more direct loans or loan 

5 guarantees at future dates for a program of related 

6 projects on terms acceptable to the Secretary.’’; and 

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

8 ‘‘(11) The term ‘obligor’ means a party that— 

9 ‘‘(A) is primarily liable for payment of the 

10 principal of or interest on a direct loan or loan 

11 guarantee under this section; and 

12 ‘‘(B) may be a corporation, limited liability 

13 company, partnership, joint venture, trust, or 

14 governmental entity, agency, or instrumentality. 

15 ‘‘(12) The term ‘project obligation’ means a note, 

16 bond, debenture, or other debt obligation issued by a 

17 borrower in connection with the financing of a 

18 project, other than a direct loan or loan guarantee 

19 under this title. 

20 ‘‘(13) The term ‘railroad’ has the meaning given 

21 the term ‘railroad carrier’ in section 20102 of title 49, 

22 United States Code. 

23 ‘‘(14) The term ‘rating agency’ means a credit 

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1 tical rating organization (as defined in section 3(a) 

2 of the Securities Exchange Act of 1934 (15 U.S.C. 

3 78c(a))). 

4 ‘‘(15) The term ‘substantial completion’ means— 

5 ‘‘(A) the opening of a project to passenger 

6 or freight traffic; or 

7 ‘‘(B) a comparable event, as determined by 

8 the Secretary and specified in the direct loan.’’. 

9 SEC. 5603. ELIGIBLE APPLICANTS. 

10 Section 502(a) (45 U.S.C. 822(a)) is amended— 

11 (1) in paragraph (5), by striking ‘‘one railroad; 

12 and’’ and inserting ‘‘1 of the entities described in 

13 paragraph (1), (2), (3), (4), or (6);’’; 

14 (2) by amending paragraph (6) to read as fol15 lows: 

16 ‘‘(6) solely for the purpose of constructing a rail 

17 connection between a plant or facility and a rail car18 rier, limited option freight shippers that own or oper19 ate a plant or other facility; and’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(7) any obligor, as designated by an entity oth22 erwise eligible to receive a direct loan or loan guar23 antee under this section, including a special purpose 

24 entity receiving user fees or other payments or reve25 nues from dedicated sources for debt service and 


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1 maintenance of the equipment or facilities to be ac2 quired or improved; and 

3 ‘‘(8) a public-private or private partnership be4 tween at least 1 other entity listed in any of para5 graphs (1) through (7) and a consortium that special6 izes in real estate development.’’. 

7 SEC. 5604. ELIGIBLE PURPOSES. 

8 Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended— 

9 (1) in subparagraph (A), by inserting ‘‘, and 

10 costs related to these activities, including pre-con11 struction costs’’ after ‘‘shops’’; 

12 (2) in subparagraph (B), by striking ‘‘subpara13 graph (A); or’’ and inserting ‘‘subparagraph (A) or 

14 (C);’’; 

15 (3) in subparagraph (C), by striking the period 

16 at the end and inserting a semicolon; and 

17 (4) by adding at the end the following: 

18 ‘‘(D) reimburse planning and design ex19 penses relating to projects described in subpara20 graph (A) or (C); or 

21 ‘‘(E) finance economic development, includ22 ing commercial and residential development, and 

23 related infrastructure and activities, that— 

24 ‘‘(i) incorporates private investment; 


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1 ‘‘(ii) is physically or functionally re2 lated to a passenger rail station or 

3 multimodal station that includes rail serv4 ice; 

5 ‘‘(iii) has a high probability of the ap6 plicant commencing the contracting process 

7 for construction not later than 90 days after 

8 the date on which the direct loan or loan 

9 guarantee is obligated for the project under 

10 this title; and 

11 ‘‘(iv) has a high probability of reduc12 ing the need for financial assistance under 

13 any other Federal program for the relevant 

14 passenger rail station or service by increas15 ing ridership, tenant lease payments, or 

16 other activities that generate revenue exceed17 ing costs.’’. 

18 SEC. 5605. PROGRAM ADMINISTRATION. 

19 (a) APPLICATION PROCESSING PROCEDURES.—Sec20 tion 502(i) (45 U.S.C. 822(i)) is amended to read as fol21 lows: 

22 ‘‘(i) APPLICATION PROCESSING PROCEDURES.— 

23 ‘‘(1) APPLICATION STATUS NOTICES.—Not later 

24 than 30 days after the date that the Secretary receives 

25 an application under this section, the Secretary shall 


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1 provide the applicant written notice as to whether the 

2 application is complete or incomplete. 

3 ‘‘(2) INCOMPLETE APPLICATIONS.—If the Sec4 retary determines that an application is incomplete, 

5 the Secretary shall— 

6 ‘‘(A) provide the applicant with a descrip7 tion of all of the specific information or material 

8 that is needed to complete the application; and 

9 ‘‘(B) allow the applicant to resubmit the in10 formation and material described under sub11 paragraph (A) to complete the application. 

12 ‘‘(3) APPLICATION APPROVALS AND DIS13 APPROVALS.— 

14 ‘‘(A) IN GENERAL.—Not later than 60 days 

15 after the date the Secretary notifies an applicant 

16 that an application is complete under paragraph 

17 (1), the Secretary shall provide the applicant 

18 written notice as to whether the Secretary has 

19 approved or disapproved the application. 

20 ‘‘(B) ACTIONS BY THE OFFICE OF MANAGE21 MENT AND BUDGET.—In order to enable compli22 ance with the time limit under subparagraph 

23 (A), the Office of Management and Budget shall 

24 take any action required with respect to the ap25 plication within that 60-day period. 


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1 ‘‘(4) EXPEDITED PROCESSING.—The Secretary 

2 shall implement procedures and measures to econo3 mize the time and cost involved in obtaining an ap4 proval or a disapproval of credit assistance under 

5 this title. 

6 ‘‘(5) DASHBOARD.—The Secretary shall post on 

7 the Department of Transportation’s public Web site a 

8 monthly report that includes for each application— 

9 ‘‘(A) the name of the applicant or appli10 cants; 

11 ‘‘(B) the location of the project; 

12 ‘‘(C) a brief description of the project, in13 cluding its purpose; 

14 ‘‘(D) the requested direct loan or loan guar15 antee amount; 

16 ‘‘(E) the date on which the Secretary pro17 vided application status notice under paragraph 

18 (1); and 

19 ‘‘(F) the date that the Secretary provided 

20 notice of approval or disapproval under para21 graph (3).’’. 

22 (b) ADMINISTRATION OF DIRECT LOANS AND LOAN

23 GUARANTEES.—Section 503 (45 U.S.C. 823) is amended— 


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1 (1) in subsection (a), by striking the period at 

2 the end and inserting ‘‘, including a program guide 

3 and standard term sheet and specific timetables.’’; 

4 (2) by redesignating subsections (c) through (l) 

5 as subsections (d) through (m), respectively; 

6 (3) by striking ‘‘(b) ASSIGNMENT OF LOAN

7 GUARANTEES.—’’ and inserting ‘‘(c) ASSIGNMENT OF

8 LOAN GUARANTEES.—’’; 

9 (4) in subsection (d), as redesignated— 

10 (A) in paragraph (1), by striking ‘‘; and’’ 

11 and inserting a semicolon; 

12 (B) in paragraph (2), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(3) the modification cost has been covered under 

16 section 502(f).’’; and 

17 (5) by amending subsection (l), as redesignated, 

18 to read as follows: 

19 ‘‘(l) CHARGES AND LOAN SERVICING.— 

20 ‘‘(1) PURPOSES.—The Secretary may collect and 

21 spend from each applicant, obligor, or loan party a 

22 reasonable charge for— 

23 ‘‘(A) the cost of evaluating the application, 

24 amendments, modifications, and waivers, includ25 ing for evaluating project viability, applicant 


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1 creditworthiness, and the appraisal of the value 

2 of the equipment or facilities for which the direct 

3 loan or loan guarantee is sought, and for making 

4 necessary determinations and findings; 

5 ‘‘(B) the cost of award management and 

6 project management oversight; 

7 ‘‘(C) the cost of services from expert firms, 

8 including counsel, and independent financial ad9 visors to assist in the underwriting, auditing, 

10 servicing, and exercise of rights with respect to 

11 direct loans and loan guarantees; and 

12 ‘‘(D) the cost of all other expenses incurred 

13 as a result of a breach of any term or condition 

14 or any event of default on a direct loan or loan 

15 guarantee. 

16 ‘‘(2) STANDARDS.—The Secretary may charge 

17 different amounts under this subsection based on the 

18 different costs incurred under paragraph (1). 

19 ‘‘(3) SERVICER.— 

20 ‘‘(A) IN GENERAL.—The Secretary may ap21 point a financial entity to assist the Secretary 

22 in servicing a direct loan or loan guarantee 

23 under this section. 

24 ‘‘(B) DUTIES.—A servicer appointed under 

25 subparagraph (A) shall act as the agent of the 


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1 Secretary in serving a direct loan or loan guar2 antee under this section. 

3 ‘‘(C) FEES.—A servicer appointed under 

4 subparagraph (A) shall receive a servicing fee 

5 from the obligor or other loan party, subject to 

6 approval by the Secretary. 

7 ‘‘(4) USE OF OTHER FEDERAL FUNDS.—Notwith8 standing any other provision of law, an applicant 

9 may use grants under chapter 244 of title 49, United 

10 States Code, to pay any charge under this subsection. 

11 ‘‘(5) SAFETY AND OPERATIONS ACCOUNT.— 

12 Amounts collected under this subsection shall— 

13 ‘‘(A) be credited directly to the Safety and 

14 Operations account of the Federal Railroad Ad15 ministration; and 

16 ‘‘(B) remain available until expended to 

17 pay for the costs described in this subsection.’’. 

18 SEC. 5606. LOAN TERMS AND REPAYMENT. 

19 (a) PREREQUISITES FOR ASSISTANCE.—Section 

20 502(g)(1) (45 U.S.C. 822(g)(1)) is amended by striking ‘‘35 

21 years from the date of its execution’’ and inserting ‘‘the less22 er of 35 years after the date of substantial completion of 

23 the project or the estimated useful life of the rail equipment 

24 or facilities to be acquired, rehabilitated, improved, devel25 oped, or established’’. 


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1 (b) REPAYMENT SCHEDULES.—Section 502(j) (45 

2 U.S.C. 822(j)) is amended— 

3 (1) in paragraph (1), by striking ‘‘the sixth an4 niversary date of the original loan disbursement’’ and 

5 inserting ‘‘5 years after the date of substantial com6 pletion’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(3) DEFERRED PAYMENTS.— 

9 ‘‘(A) IN GENERAL.—If at any time after the 

10 date of substantial completion the project is un11 able to generate sufficient revenues to pay the 

12 scheduled loan repayments of principal and in13 terest on the direct loan, the Secretary, subject to 

14 subparagraph (B), may allow, for a maximum 

15 aggregate time of 1 year over the duration of the 

16 direct loan, the obligor to add unpaid principal 

17 and interest to the outstanding balance of the di18 rect loan. 

19 ‘‘(B) INTEREST.—A payment deferred 

20 under subparagraph (A) shall— 

21 ‘‘(i) continue to accrue interest under 

22 paragraph (2) until the loan is fully repaid; 

23 and 

24 ‘‘(ii) be scheduled to be amortized over 

25 the remaining term of the loan. 


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1 ‘‘(4) PREPAYMENTS.— 

2 ‘‘(A) USE OF EXCESS REVENUES.—Any ex3 cess revenues that remain after satisfying sched4 uled debt service requirements on the project obli5 gations and direct loan and all deposit require6 ments under the terms of any trust agreement, 

7 bond resolution, or similar agreement securing 

8 project obligations may be applied annually to 

9 prepay the direct loan without penalty. 

10 ‘‘(B) USE OF PROCEEDS OF REFI11 NANCING.—The direct loan may be prepaid at 

12 any time without penalty from the proceeds of 

13 refinancing from non-Federal funding sources.’’. 

14 (c) SALE OF DIRECT LOANS.—Section 502 (45 U.S.C. 

15 822) is amended by adding at the end the following: 

16 ‘‘(k) SALE OF DIRECT LOANS.— 

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

18 and as soon as practicable after substantial comple19 tion of a project, the Secretary, after notifying the ob20 ligor, may sell to another entity or reoffer into the 

21 capital markets a direct loan for the project if the 

22 Secretary determines that the sale or reoffering has a 

23 high probability of being made on favorable terms. 

24 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale 

25 or reoffering under paragraph (1), the Secretary may 


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1 not change the original terms and conditions of the 

2 secured loan without the prior written consent of the 

3 obligor’’. 

4 (d) NONSUBORDINATION.—Section 502 (45 U.S.C. 

5 822), as amended in subsection (c), is further amended by 

6 adding at the end the following: 

7 ‘‘(l) NONSUBORDINATION.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2)(B), a direct loan shall not be subordinated 

10 to the claims of any holder of project obligations in 

11 the event of bankruptcy, insolvency, or liquidation of 

12 the obligor. 

13 ‘‘(2) PREEXISTING INDENTURES.— 

14 ‘‘(A) IN GENERAL.—The Secretary may 

15 waive the requirement under paragraph (1) for 

16 a public agency borrower that is financing ongo17 ing capital programs and has outstanding senior 

18 bonds under a preexisting indenture if— 

19 ‘‘(i) the direct loan is rated in the A 

20 category or higher; 

21 ‘‘(ii) the direct loan is secured and 

22 payable from pledged revenues not affected 

23 by project performance, such as a tax-based 

24 revenue pledge or a system-backed pledge of 

25 project revenues; and 


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1 ‘‘(iii) the program share, under this 

2 title, of eligible project costs is 50 percent or 

3 less. 

4 ‘‘(B) LIMITATION.—The Secretary may im5 pose limitations for the waiver of the non6 subordination requirement under this paragraph 

7 if the Secretary determines that such limitations 

8 would be in the financial interest of the Federal 

9 Government.’’. 

10 SEC. 5607. CREDIT RISK PREMIUMS. 

11 Section 502(f) (45 U.S.C. 822(f)) is amended— 

12 (1) in paragraph (1), by amending the first sen13 tence to read as follows: ‘‘In lieu of or in combination 

14 with appropriations of budget authority to cover the 

15 costs of direct loans and loan guarantees as required 

16 under section 504(b)(1) of the Federal Credit Reform 

17 Act of 1990 (2 U.S.C. 661c(b)(1)), including the cost 

18 of a modification thereof, the Secretary may accept on 

19 behalf of an applicant for assistance under this sec20 tion a commitment from a non-Federal source, in21 cluding a State or local government or agency or pub22 lic benefit corporation or public authority thereof, to 

23 fund in whole or in part credit risk premiums and 

24 modification costs with respect to the loan that is the 

25 subject of the application or modification.’’; 


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1 (2) in paragraph (2)— 

2 (A) in subparagraph (D), by adding ‘‘and’’ 

3 after the semicolon; 

4 (B) by striking subparagraph (E); and 

5 (C) by redesignating subparagraph (F) as 

6 subparagraph (E); 

7 (3) by striking paragraph (4); 

8 (4) by redesignating paragraph (3) as para9 graph (4); 

10 (5) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) CREDITWORTHINESS.—An applicant may 

13 propose and the Secretary may accept as a basis for 

14 determining the amount of the credit risk premium 

15 under paragraph (2) any of the following in addition 

16 to the value of any tangible asset: 

17 ‘‘(A) The net present value of a future 

18 stream of State or local subsidy income or other 

19 dedicated revenues to secure the direct loan or 

20 loan guarantee. 

21 ‘‘(B) Adequate coverage requirements to en22 sure repayment, on a non-recourse basis, from 

23 cash flows generated by the project or any other 

24 dedicated revenue source, including— 

25 ‘‘(i) tolls; 


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1 ‘‘(ii) user fees; or 

2 ‘‘(iii) payments owing to the obligor 

3 under a public-private partnership. 

4 ‘‘(C) An investment-grade rating on the di5 rect loan or loan guarantee, as applicable, except 

6 that if the total amount of the direct loan or loan 

7 guarantee is greater than $75,000,000, the appli8 cant shall have an investment-grade rating from 

9 at least 2 rating agencies on the direct loan or 

10 loan guarantee.’’; 

11 (6) in paragraph (4), as redesignated, by strik12 ing ‘‘amounts’’ and inserting ‘‘amounts (and in the 

13 case of a modification, before the modification is exe14 cuted), to the extent appropriations are not available 

15 to the Secretary to meet the costs of direct loans and 

16 loan guarantees, including costs of modifications 

17 thereof’’; and 

18 (7) by adding at the end the following: 

19 ‘‘(5) USE OF OTHER FEDERAL FUNDS.—Notwith20 standing any other provision of law, an applicant 

21 may use grants under chapter 244 of title 49, United 

22 States Code, to pay part or all of a credit risk pre23 mium or modification cost under this subsection.’’. 


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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 sat12 isfied prior to the issuance of the direct loan or loan 

13 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 non-Fed20 eral revenue sources that will secure the repay21 ment of each applicable direct loan or loan guar22 antee; 

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 subject 

26 to the master credit agreement; and 


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1 ‘‘(D) provide 1 or more dates, as determined 

2 by the Secretary, before which the master credit 

3 agreement results in each of the direct loans or 

4 loan guarantees or in the release of the master 

5 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 control 

11 system (as defined in section 20157(i) of title 49, 

12 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 (8) 

18 as paragraphs (7) through (9), respectively; and 

19 (5) by inserting after paragraph (5) the fol20 lowing: 

21 ‘‘(6) improve railroad stations and passenger fa22 cilities and increase transit-oriented development;’’. 

23 (b) CONDITIONS OF ASSISTANCE.—Section 502(h) (45 

24 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 spon8 sor of the intercity passenger rail service or its des9 ignee, a fee or payment in an amount determined ap10 propriate 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 subtitle, 

18 shall not affect any direct loan (or direct loan obligation) 

19 or an outstanding loan guarantee (or loan guarantee com20 mitment) that was in effect prior to the date of enactment 

21 of this Act. Any such transaction entered into before the 

22 date of enactment of this Act shall be administered until 

23 completion under its terms as if this Act were not enacted. 

24 (b) MODIFICATION COSTS.—At the discretion of the 

25 Secretary, the authority to accept modification costs on beVerDate Sep 11 2014 21:37 May 23, 2016 Jkt 059200 PO 00000 Frm 01013 Fmt 6652 Sfmt 6203 E:\BILLS\S1732.RS S1732

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1 half of an applicant under section 502(f) of the Railroad 

2 Revitalization and Regulatory Reform Act of 1976 (45 

3 U.S.C. 822(f)), as amended by section 5607 of this Act, may 

4 apply with respect to any direct loan (or direct loan obliga5 tion) or an outstanding loan guarantee (or loan guarantee 

6 commitment) that was in effect prior to the date of enact7 ment of this Act. 


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Calendar No. 478 

114TH CONGRESS 

2D SESSION S. 1732 

A BILL 

To authorize elements of the Department of 

Transportation, and for other purposes. 

MAY 23, 2016 

Reported with an amendment 


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